As Reported by the House State Government Committee

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


Representatives Book, Dodd 

Cosponsors: Representatives Gerberry, Mallory, Belcher, Williams, B., Daniels, Adams, J., Grossman, Hite, Jordan, Stebelton 



A BILL
To amend sections 101.83, 101.84, 101.85, 101.86, 1
109.91, 121.084, 121.32, 127.14, 149.304, 173.03, 2
173.04, 901.90, 1349.71, 1506.22, 1506.23, 3
1506.24, 3301.90, 3302.021, 3302.10, 3311.71, 4
3312.01, 3312.09, 3313.6013, 3335.27, 3345.062, 5
3701.025, 3701.63, 3705.35, 3705.36, 3718.03, 6
3727.311, 3727.312, 3737.03, 3737.21, 3737.81, 7
3737.86, 3737.88, 3743.54, 3746.04, 3769.083, 8
3769.085, 3769.086, 4121.03, 4121.121, 4121.77, 9
4123.341, 4123.342, 4123.35, 4169.02, 4169.03, 10
4169.04, 4169.05, 4169.06, 4503.52, 4503.77, 11
4723.61, 4723.63, 4723.69, 5104.39, and 5123.093; 12
to amend, for the purpose of adopting new section 13
numbers as indicated in parentheses, sections 14
1506.22 (6161.04), 1506.23 (6161.05), and 1506.24 15
(6161.06); to enact sections 125.835 and 6161.021; 16
and to repeal sections 101.37, 122.98, 122.981, 17
125.833, 184.23, 184.231, 1501.25, 1733.329, 18
1733.3210, 2151.282, 2323.44, 3312.11, 3312.12, 19
3319.70, 3319.71, 3701.92, 3702.92, 3746.03, 20
3769.084, 4121.79, 4501.025, 4723.62, 4723.621, 21
4981.35, 5104.08, 5111.710, and 5902.15 of the 22
Revised Code; to repeal section 101.38 of the 23
Revised Code on December 31, 2011; to amend 24
Section 203 of Am. Sub. H.B. 15 of the 128th 25
General Assembly, Section 20 of Am. Sub. H.B. 554 26
of the 127th General Assembly, Section 513.03 of 27
Am. Sub. H.B. 66 of the 126th General Assembly as 28
subsequently amended, and Section 15.02 of Am. 29
Sub. H.B. 640 of the 123rd General Assembly; and 30
to repeal Section 309.40.70 of Am. Sub. H.B. 1 of 31
the 128th General Assembly, Section 3 of Am. H.B. 32
416 of the 127th General Assembly, Sections 33
265.70.20, 709.10, and 751.13 of Am. Sub. H.B. 1 34
of the 128th General Assembly, Sections 755.40, 35
755.80, and 756.40 of Am. Sub. H.B. 2 of the 128th 36
General Assembly, Section 3 of Sub. H.B. 7 of the 37
127th General Assembly, Section 555.17 of Am. Sub. 38
H.B. 67 of the 127th General Assembly, Sections 39
263.30.30, 337.20.20, 377.20, 737.11, and 737.12 40
of Am. Sub. H.B. 119 of the 127th General 41
Assembly, Sections 6 and 7 of Sub. H.B. 125 of the 42
127th General Assembly, Section 2 of Sub. H.B. 233 43
of the 127th General Assembly, Section 3 of Am. 44
H.B. 416 of the 127th General Assembly, Sections 45
703.30 and 715.50 of Am. Sub. H.B. 562 of the 46
127th General Assembly, Section 512.45 of Am. Sub. 47
H.B. 100 of the 127th General Assembly as 48
subsequently amended, Section 4 of Am. Sub. S.B. 49
77 of the 127th General Assembly, Sections 50
206.10.12, 206.42.12, 206.66.24, 206.66.43, 51
209.63.58, 503.09, 503.12, and 560.03 of Am. Sub. 52
H.B. 66 of the 126th General Assembly, Sections 3 53
and 4 of Sub. H.B. 187 of the 126th General 54
Assembly, Section 1 of Sub. H.B. 371 of the 126th 55
General Assembly, Section 235.60.70 of Am. Sub. 56
H.B. 699 of the 126th General Assembly, Section 3 57
of Am. Sub. S.B. 167 of the 126th General 58
Assembly, Section 5 of Am. Sub. S.B. 260 of the 59
126th General Assembly, Section 3 of Am. Sub. S.B. 60
311 of the 126th General Assembly, Section 3 of 61
Sub. S.B. 393 of the 126th General Assembly, 62
Sections 12 and 25 of Am. Sub. H.B. 87 of the 63
125th General Assembly, Sections 41.35 and 153 of 64
Am. Sub. H.B. 95 of the 125th General Assembly, 65
Section 3 of Sub. H.B. 204 of the 125th General 66
Assembly, Section 8 of Sub. H.B. 299 of the 125th 67
General Assembly, Section 6 of Am. Sub. H.B. 516 68
of the 125th General Assembly, Section 3 of Am. 69
Sub. S.B. 86 of the 125th General Assembly, 70
Section 5 of Sub. H.B. 57 of the 124th General 71
Assembly, Section 3 of Am. Sub. H.B. 474 of the 72
124th General Assembly, Section 4 of Am. Sub. S.B. 73
281 of the 124th General Assembly, Section 701.20 74
of Am. Sub. H.B. 562 of the 127th General Assembly 75
as subsequently amended, Section 206.66.53 of Am. 76
Sub. H.B. 66 of the 126th General Assembly as 77
subsequently amended, Section 6 of Sub. H.B. 336 78
of the 126th General Assembly as subsequently 79
amended, Section 755.03 of Am. Sub. H.B. 530 of 80
the 126th General Assembly, as subsequently 81
amended, Section 6 of Am. Sub. S.B. 238 of the 82
126th General Assembly as subsequently amended, 83
Section 8 of Am. Sub. S.B. 311 of the 126th 84
General Assembly as subsequently amended, Section 85
152 of Am. Sub. H.B. 95 of the 125th General 86
Assembly, as subsequently amended, Section 59.29 87
of Am. Sub. H.B. 95 of the 125th General Assembly 88
as subsequently amended, and Section 69 of H.B. 89
117 of the 121st General Assembly as subsequently 90
amended to abolish, terminate, transfer, or renew 91
various agencies and by reestablishing the Sunset 92
Review Committee but postponing its operation 93
until the 132nd General Assembly, and to terminate 94
the operation of certain provisions of this act on 95
December 31, 2016, by repealing sections 101.82, 96
101.83, 101.84, 101.85, 101.86, and 101.87 of the 97
Revised Code on that date.98


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

       Section 1. That sections 101.83, 101.84, 101.85, 101.86, 99
109.91, 121.084, 121.32, 127.14, 149.304, 173.03, 173.04, 901.90, 100
1349.71, 1506.22, 1506.23, 1506.24, 3301.90, 3302.021, 3302.10, 101
3311.71, 3312.01, 3312.09, 3313.6013, 3335.27, 3345.062, 3701.025, 102
3701.63, 3705.35, 3705.36, 3718.03, 3727.311, 3727.312, 3737.03, 103
3737.21, 3737.81, 3737.86, 3737.88, 3743.54, 3746.04, 3769.083, 104
3769.085, 3769.086, 4121.03, 4121.121, 4121.77, 4123.341, 105
4123.342, 4123.35, 4169.02, 4169.03, 4169.04, 4169.05, 4169.06, 106
4503.52, 4503.77, 4723.61, 4723.63, 4723.69, 5104.39, and 5123.093 107
be amended, sections 1506.22 (6161.04), 1506.23 (6161.05), and 108
1506.24 (6161.06) be amended for the purpose of adopting new 109
section numbers as indicated in parentheses, and sections 125.835 110
and 6161.021 of the Revised Code be enacted to read as follows:111

       Sec. 101.83.  (A) An agency in existence on January 1, 2005112
2011, shall expire on December 31, 20102016, unless the agency is 113
renewed in accordance with division (D) of this section and, if so 114
renewed, shall expire thereafter on the thirty-first day of 115
December of the fourth year after the year in which it was most 116
recently renewed unless the agency is renewed in accordance with 117
division (D) of this section. An agency created after January 1, 118
20052011, that is created on the thirty-first day of December 119
shall expire not later than four years after its creation, unless 120
the agency is renewed in accordance with division (D) of this 121
section. An agency created after January 1, 20052011, that is 122
created on any other date shall be considered for the purpose of 123
this section to have been created on the preceding thirty-first 124
day of December, and the agency shall expire not later than four 125
years after the date it was considered to have been created, 126
unless the agency is renewed in accordance with division (D) of 127
this section. Any act creating or renewing an agency shall contain 128
a distinct section providing a specific expiration date for the 129
agency in accordance with this division.130

       (B) If the general assembly does not renew or transfer an 131
agency on or before its expiration date, it shall expire on that 132
date.133

       The director of budget and management shall not authorize the 134
expenditure of any moneys for any agency on or after the date of 135
its expiration.136

       (C) The general assembly may provide by law for the orderly, 137
efficient, and expeditious conclusion of an agency's business and 138
operation. The rules, orders, licenses, contracts, and other 139
actions made, taken, granted, or performed by the agency shall 140
continue in effect according to their terms notwithstanding the 141
agency's abolition, unless the general assembly provides otherwise 142
by law. The general assembly may provide by law for the temporary 143
or permanent transfer of some or all of a terminated or 144
transferred agency's functions and personnel to a successor agency 145
or officer.146

       The abolition, termination, or transfer of an agency shall 147
not cause the termination or dismissal of any claim pending 148
against the agency by any person, or any claim pending against any 149
person by the agency. Unless the general assembly provides 150
otherwise by law for the substitution of parties, the attorney 151
general shall succeed the agency with reference to any pending 152
claim.153

       (D) An agency may be renewed by passage of a bill that 154
continues the statutes creating and empowering the agency, that 155
amends or repeals those statutes, or that enacts new statutes, to 156
improve agency usefulness, performance, or effectiveness.157

       Sec. 101.84.  (A) There is hereby created the sunset review 158
committee, to be composed of nine members and function in calendar 159
years 20092015 and 20102016. The president of the senate shall 160
appoint three members of the senate to the committee, not more 161
than two of whom shall be members of the same political party. The 162
speaker of the house of representatives shall appoint three 163
members of the house of representatives to the committee, not more 164
than two of whom shall be members of the same political party. The 165
governor, with the advice and consent of the senate, shall appoint 166
three members to the committee, not more than two of whom shall be 167
members of the same political party. Members shall be appointed 168
within fifteen days after the commencement of the first regular 169
session of the 128th131st general assembly.170

       (B) Each member of the committee who is appointed by the 171
president of the senate or the speaker of the house of 172
representatives shall serve during that committee member's term of 173
office or until that committee member no longer is a member of the 174
senate or the house of representatives, whichever is applicable. 175
Each member of the committee who is appointed by the governor 176
shall serve a two-year term that ends on the thirty-first day of 177
December in 20102016. A vacancy on the committee shall be filled 178
in the same manner as the original appointment.179

       In the first regular session of the 128th131st general 180
assembly, the chairperson of the committee shall be a member of 181
the house of representatives, and the vice-chairperson of the 182
committee shall be a member of the senate. In the second regular 183
session of the 128th131st general assembly, the chairperson of 184
the committee shall be a member of the senate, and the 185
vice-chairperson of the committee shall be a member of the house 186
of representatives.187

       Members of the committee shall receive no compensation, but 188
shall be reimbursed for their necessary expenses incurred in the 189
performance of their official duties.190

       (C) The committee shall meet not later than thirty days after 191
the first day of the first regular session of the 128th131st192
general assembly to choose a chairperson and to commence 193
establishment of the schedule for agency review provided for in 194
section 101.85 of the Revised Code or perform other committee 195
duties under sections 101.82 to 101.87 of the Revised Code. Five 196
members of the committee shall constitute a quorum for the conduct 197
of committee business.198

       Sec. 101.85.  (A) The sunset review committee, not later than 199
sixty days after its first meeting in 20092015, shall schedule 200
for review each agency in existence on January 1, 20092015. The 201
committee, by a unanimous vote, also may schedule for review any 202
state board or commission described in division (A)(9) of section 203
101.82 of the Revised Code that is in existence on that date, and 204
any board or commission so scheduled shall be considered an agency 205
for purposes of sections 101.82 to 101.87 of the Revised Code.206

       (B) The chairperson of the committee shall send a copy of the 207
schedule for review of agencies for calendar year 20092015 and 208
calendar year 20102016 to each of the agencies scheduled for 209
review during that year and to the director of the legislative 210
service commission. The director shall publish a copy of the 211
schedule in the Ohio Administrative Code and in the register of 212
Ohio created under section 103.051 of the Revised Code. The 213
commission shall provide the committee with a list of agencies, 214
and state boards and commissions described in division (A)(9) of 215
section 101.82 of the Revised Code, in existence on January 1, 216
20092015, to assist the committee in identifying agencies and 217
exercising its duties under sections 101.82 to 101.87 of the 218
Revised Code with respect to those agencies.219

       Sec. 101.86.  (A) Not later than six months prior to the date 220
on which an agency in existence on January 1, 20092015, is 221
scheduled to expire under division (A) of section 101.83 of the 222
Revised Code, the sunset review committee shall hold hearings to 223
receive the testimony of the public and of the chief executive 224
officer of each agency scheduled for review and otherwise shall 225
consider and evaluate the usefulness, performance, and 226
effectiveness of the agency.227

       (B) Each agency that is scheduled for review shall submit to 228
the committee a report that contains all of the following 229
information:230

       (1) The agency's primary purpose and its various goals and 231
objectives;232

       (2) The agency's past and anticipated workload, the number of 233
staff required to complete that workload, and the agency's total 234
number of staff;235

       (3) The agency's past and anticipated budgets and its sources 236
of funding;237

       (4) The number of members of its governing board or other 238
governing entity and their compensation, if any.239

       (C) Each agency shall have the burden of demonstrating to the 240
committee a public need for its continued existence. In 241
determining whether an agency has demonstrated that need, the 242
committee shall consider all of the following:243

       (1) The extent to which the agency has permitted qualified 244
applicants to serve the public;245

       (2) The cost-effectiveness of the agency in terms of number 246
of employees, services rendered, and administrative costs 247
incurred, both past and present;248

       (3) The extent to which the agency has operated in the public 249
interest, and whether its operation has been impeded or enhanced 250
by existing statutes and procedures and by budgetary, resource, 251
and personnel practices;252

       (4) Whether the agency has recommended statutory changes to 253
the general assembly that would benefit the public as opposed to 254
the persons regulated by the agency, if any, and whether its 255
recommendations and other policies have been adopted and 256
implemented;257

       (5) Whether the agency has required any persons it regulates 258
to report to it the impact of agency rules and decisions on the 259
public as they affect service costs and service delivery;260

       (6) Whether persons regulated by the agency, if any, have 261
been required to assess problems in their business operations that 262
affect the public;263

       (7) Whether the agency has encouraged public participation in 264
its rule-making and decision-making;265

       (8) The efficiency with which formal public complaints filed 266
with the agency have been processed to completion;267

       (9) Whether the programs or services of the agency duplicate 268
or overlap those of other agencies;269

       (10) Whether the purpose for which the agency was created has 270
been fulfilled, has changed, or no longer exists;271

       (11) Whether federal law requires that the agency be renewed 272
in some form;273

       (12) Changes needed in the enabling laws of the agency in 274
order for it to comply with the criteria suggested by the 275
considerations listed in divisions (C)(1) to (11) of this section.276

       (D) In its initial review of each agency, the committee, 277
whenever possible, shall realign agency titles to conform to the 278
following descriptions:279

       (1) Commission: an administrative appeals or hearing agency;280

       (2) Authority: an agency empowered to issue bonds or notes;281

       (3) Board: an agency having a licensing function only;282

       (4) Council: an advisory body to a major agency or 283
department;284

       (5) Committee: an advisory body to a minor agency or 285
department.286

       Sec. 109.91.  (A) There is hereby established within the 287
office of the attorney general the crime victims assistance 288
office.289

       (B) There is hereby established the state victims assistance 290
advisory committeecouncil. The committeecouncil shall consist of 291
a chairperson, to be appointed by the attorney general, three ex 292
officio members, and fifteen members to be appointed by the 293
attorney general as follows: one member who represents the Ohio 294
victim-witness association; three members who represent local 295
victim assistance programs, including one from a municipally 296
operated program and one from a county-operated program; one 297
member who represents the interests of elderly victims; one member 298
who is a board member of any statewide or local organization that 299
exists primarily to aid victims of domestic violence, or who is an 300
employee of, or counselor for, such an organization; one member 301
who is an employee or officer of a county probation department or 302
a probation department operated by the department of 303
rehabilitation and correction; one member who is a county 304
prosecuting attorney; one member who is a city law director; one 305
member who is a county sheriff; one member who is a member or 306
officer of a township or municipal police department; one member 307
who is a court of common pleas judge; one member who is a 308
municipal court judge or county court judge; and two members who 309
are private citizens and are not government employees.310

       The committeecouncil shall include the following ex officio, 311
nonvoting members: the attorney general, one member of the senate 312
to be designated by the president of the senate, and one member of 313
the house of representatives to be designated by the speaker of 314
the house.315

       Members of the committeecouncil shall serve without 316
compensation, but shall be reimbursed for travel and other 317
necessary expenses that are incurred in the conduct of their 318
official duties as members of the committeecouncil. The 319
chairperson and members of the committeecouncil appointed by the 320
attorney general shall serve at the pleasure of the attorney 321
general. The attorney general shall serve on the committeecouncil322
until the end of the term of office that qualified the attorney 323
general for membership on the committeecouncil. The member of the 324
senate and the member of the house of representatives shall serve 325
at the pleasure of the president of the senate and the speaker of 326
the house of representatives, respectively.327

       (C) The victims assistance advisory committeecouncil shall 328
perform both of the following duties:329

       (1) Advise the crime victims assistance office in determining 330
crime and delinquency victim service needs, determining crime and 331
delinquency victim policies for the state, and improving and 332
exercising leadership in the quality of crime and delinquency 333
victim programs in the state;334

       (2) Review and recommend to the crime victims assistance 335
office the victim assistance programs that should be considered 336
for the receipt of state financial assistance pursuant to section 337
109.92 of the Revised Code. The financial assistance allocation 338
recommendations of the committeecouncil shall be based on the 339
following priorities:340

       (a) Programs in existence on July 1, 1985, shall be given 341
first priority;342

       (b) Programs offering or proposing to offer the broadest 343
range of services and referrals to the community served, including 344
medical, psychological, financial, educational, vocational, and 345
legal services that were not in existence on July 1, 1985, shall 346
be given second priority;347

       (c) Other qualified programs shall be given last priority.348

       (D) As used in this section and section 109.92 of the Revised 349
Code, "victim assistance program" includes, but is not limited to 350
a program that provides at least one of the following:351

       (1) Services to victims of any offense of violence or 352
delinquent act that would be an offense of violence if committed 353
by an adult;354

       (2) Financial assistance or property repair services to 355
victims of crime or delinquent acts;356

       (3) Assistance to victims of crime or delinquent acts in 357
judicial proceedings;358

       (4) Assistance to victims of crime or delinquent acts under 359
the operation of any political subdivision of the state or a 360
branch of the criminal justice system set forth in division 361
(B)(1)(a), (b), or (c) of section 5502.61 of the Revised Code;362

       (5) Technical assistance to persons or organizations that 363
provide services to victims of crime or delinquent acts under the 364
operation of a branch of the criminal justice system set forth in 365
division (B)(1)(a), (b), or (c) of section 5502.61 of the Revised 366
Code.367

       A victim assistance program does not include the program for 368
the reparation of crime victims established pursuant to Chapter 369
2743. of the Revised Code.370

       Sec. 121.084.  (A) All moneys collected under sections 371
3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20,372
4169.03, 4171.04, and 5104.051 of the Revised Code, and any other 373
moneys collected by the division of labor shall be paid into the 374
state treasury to the credit of the labor operating fund, which is 375
hereby created. The department of commerce shall use the moneys in 376
the fund for paying the operating expenses of the division and the 377
administrative assessment described in division (B) of this 378
section.379

       (B) The director of commerce, with the approval of the 380
director of budget and management, shall prescribe procedures for 381
assessing the labor operating fund a proportionate share of the 382
administrative costs of the department of commerce. The assessment 383
shall be made in accordance with those procedures and be paid from 384
the labor operating fund to the division of administration fund 385
created in section 121.08 of the Revised Code.386

       Sec. 121.32.  The commission on Hispanic-Latino affairs 387
shall:388

       (A) Gather and disseminate information and conduct hearings, 389
conferences, investigations, and special studies on problems and 390
programs concerning Spanish-speaking people;391

       (B) Secure appropriate recognition of the accomplishments and 392
contributions of Spanish-speaking people to this state;393

       (C) Stimulate public awareness of the problems of 394
Spanish-speaking people by conducting a program of public 395
education;396

       (D) Develop, coordinate, and assist other public and private 397
organizations that serve Spanish-speaking people, including the 398
conducting of training programs for community leadership and 399
service project staff;400

       (E) Advise the governor, general assembly, and state 401
departments and agencies of the nature, magnitude, and priorities 402
of the problems of Spanish-speaking people;403

       (F) Advise the governor, general assembly, and state 404
departments and agencies on, and assist in the development and 405
implementation of, comprehensive and coordinated policies, 406
programs, and procedures focusing on the special problems and 407
needs of Spanish-speaking people, especially in the fields of 408
education, employment, energy, health, housing, welfare, and 409
recreation;410

       (G) Propose new programs concerning Spanish-speaking people 411
to public and private agencies and evaluate for such agencies 412
existing programs or prospective legislation concerning 413
Spanish-speaking people;414

       (H) Review and approve grants to be made from federal, state, 415
or private funds which are administered or subcontracted by the 416
office of Spanish-speaking affairs;417

       (I) Review and approve the annual report prepared by the 418
office of Spanish-speaking affairs;419

       (J) Create an interagency council consisting of the following 420
persons or their authorized representatives: one member of the 421
senate appointed by the president of the senate; one member of the 422
house of representatives appointed by the speaker of the house of 423
representatives; the directors of administrative services, 424
agriculture, education, development, health, highway safety, job 425
and family services, liquor control, mental health, developmental 426
disabilities, natural resources, rehabilitation and correction, 427
youth services, transportation, environmental protection, and 428
budget and management; the chairperson of the Ohio civil rights 429
commission, the administrators of the bureau of workers' 430
compensation and the rehabilitation services commission, and an 431
additional member of the governor's cabinet appointed by the 432
governor. The commission on Hispanic-Latino affairs, by rule, may 433
designate other state officers or their representatives to be 434
members of the council. The director of the commission shall be 435
the chairperson of the council.436

       The interagency council shall provideProvide and coordinate 437
with state agencies the exchange of information relative to the 438
needs of Spanish-speaking people andto promote the delivery of 439
state services to such people. The council shall meet at the call 440
of the chairperson.441

       Sec. 125.835. There is hereby continued a multi-agency radio 442
communications system (MARCS) steering committee consisting of the 443
designees of the directors of administrative services, public 444
safety, natural resources, transportation, rehabilitation and 445
correction, and budget and management. The director of 446
administrative services or the director's designee shall chair the 447
committee. The committee shall provide assistance to the Director 448
of administrative services towards the development of policies for 449
the ongoing management of the MARCS system.450

       Sec. 127.14.  The controlling board may, at the request of 451
any state agency or the director of budget and management, 452
authorize, with respect to the provisions of any appropriation 453
act:454

       (A) Transfers of all or part of an appropriation within but 455
not between state agencies, except such transfers as the director 456
of budget and management is authorized by law to make, provided 457
that no transfer shall be made by the director for the purpose of 458
effecting new or changed levels of program service not authorized 459
by the general assembly;460

       (B) Transfers of all or part of an appropriation from one 461
fiscal year to another;462

       (C) Transfers of all or part of an appropriation within or 463
between state agencies made necessary by administrative 464
reorganization or by the abolition of an agency or part of an 465
agency;466

       (D) Transfers of all or part of cash balances in excess of 467
needs from any fund of the state to the general revenue fund or to 468
such other fund of the state to which the money would have been 469
credited in the absence of the fund from which the transfers are 470
authorized to be made, except that the controlling board may not 471
authorize such transfers from the accrued leave liability fund, 472
auto registration distribution fund, budget stabilization fund, 473
development bond retirement fund, facilities establishment fund, 474
gasoline excise tax fund, general revenue fund, higher education 475
improvement fund, highway improvement bond retirement fund, 476
highway obligations bond retirement fund, highway capital 477
improvement fund, highway operating fund, horse racing tax fund, 478
improvements bond retirement fund, public library fund, liquor 479
control fund, local government fund, local transportation 480
improvement program fund, mental health facilities improvement 481
fund, Ohio fairs fund, parks and recreation improvement fund, 482
public improvements bond retirement fund, school district income 483
tax fund, state agency facilities improvement fund, state and 484
local government highway distribution fund, state highway safety 485
fund, state lottery fund, undivided liquor permit fund, Vietnam 486
conflict compensation bond retirement fund, volunteer fire 487
fighters' dependents fund, waterways safety fund, wildlife fund, 488
workers' compensation fund, workers' compensation council 489
remuneration fund, or any fund not specified in this division that 490
the director of budget and management determines to be a bond fund 491
or bond retirement fund;492

       (E) Transfers of all or part of those appropriations included 493
in the emergency purposes account of the controlling board;494

       (F) Temporary transfers of all or part of an appropriation or 495
other moneys into and between existing funds, or new funds, as may 496
be established by law when needed for capital outlays for which 497
notes or bonds will be issued;498

       (G) Transfer or release of all or part of an appropriation to 499
a state agency requiring controlling board approval of such 500
transfer or release as provided by law;501

       (H) Temporary transfer of funds included in the emergency 502
purposes appropriation of the controlling board. Such temporary 503
transfers may be made subject to conditions specified by the 504
controlling board at the time temporary transfers are authorized. 505
No transfers shall be made under this division for the purpose of 506
effecting new or changed levels of program service not authorized 507
by the general assembly.508

       As used in this section, "request" means an application by a 509
state agency or the director of budget and management seeking some 510
action by the controlling board.511

       When authorizing the transfer of all or part of an 512
appropriation under this section, the controlling board may 513
authorize the transfer to an existing appropriation item and the 514
creation of and transfer to a new appropriation item.515

       Whenever there is a transfer of all or part of funds included 516
in the emergency purposes appropriation by the controlling board, 517
pursuant to division (E) of this section, the state agency or the 518
director of budget and management receiving such transfer shall 519
keep a detailed record of the use of the transferred funds. At the 520
earliest scheduled meeting of the controlling board following the 521
accomplishment of the purposes specified in the request originally 522
seeking the transfer, or following the total expenditure of the 523
transferred funds for the specified purposes, the state agency or 524
the director of budget and management shall submit a report on the 525
expenditure of such funds to the board. The portion of any 526
appropriation so transferred which is not required to accomplish 527
the purposes designated in the original request to the controlling 528
board shall be returned to the proper appropriation of the 529
controlling board at this time.530

       Notwithstanding any provisions of law providing for the 531
deposit of revenues received by a state agency to the credit of a 532
particular fund in the state treasury, whenever there is a 533
temporary transfer of funds included in the emergency purposes 534
appropriation of the controlling board pursuant to division (H) of 535
this section, revenues received by any state agency receiving such 536
a temporary transfer of funds shall, as directed by the 537
controlling board, be transferred back to the emergency purposes 538
appropriation.539

       The board may delegate to the director of budget and 540
management authority to approve transfers among items of 541
appropriation under division (A) of this section.542

       Sec. 149.304.  Any person owning or in possession of an Ohio 543
homestead or tract of land which has been owned or in the 544
possession of histhe person's family for one hundred years or 545
more may apply to the Ohio historical society to list the 546
homestead or tract of land in a register to be maintained by the 547
society. The society shall provide forms for such applications and 548
shall submit applications received to the Ohio historic site 549
preservation advisory board, which shall rule on the authenticity 550
of the homestead or ownership or possession of the tract of land 551
according to criteria it shall establish and make public.552

       Upon authentication of the homestead or tract of land by the 553
board, the society shall list the homestead or tract of land on 554
its register and provide the applicant with a plaque of suitable 555
design determined by the society to be affixed to the homestead or 556
tract of land. The plaque shall identify the homestead or tract of 557
land as an historic homestead and specify that it is one hundred 558
years or more old as of the date of recognition. If the date or 559
year of construction of the homestead or purchase of tract of land 560
is known, that date or year may appear on the plaque in lieu of 561
the fact that the homestead or tract of land is one hundred years 562
or more old. The plaque shall not bear the name of any member of 563
the society, board, or any other public official, but may carry an 564
appropriate emblem to be determined by the society.565

       All costs of administering the historic homestead register 566
program, including maintenance of the register, research into the 567
authenticity of the homestead or tract of land, plaque, and plaque 568
design, and mailing costs, shall be determined by the society and 569
shall be borne by the applicant.570

       The applicant shall be responsible for displaying the plaque 571
on the homestead or tract of land in a suitable manner, and shall 572
bear all costs of such display.573

       The society may arrange to present plaques to applicants so 574
desiring at the society's annual meeting.575

       Sec. 173.03.  (A) There is hereby created the Ohio advisory 576
council for the aging, which shall consist of twelve members to be 577
appointed by the governor with the advice and consent of the 578
senate. Two ex officio members of the council shall be members of 579
the house of representatives appointed by the speaker of the house 580
of representatives and shall be members of two different political 581
parties. Two ex officio members of the council shall be members of 582
the senate appointed by the president of the senate and shall be 583
members of two different political parties. The directors of 584
mental health, developmental disabilities, health, and job and 585
family services, or their designees, shall serve as ex officio 586
members of the council. The council shall carry out its role as 587
defined under the "Older Americans Act of 1965," 79 Stat. 219, 42 588
U.S.C. 3001, as amended.589

       At the first meeting of the council, and annually thereafter, 590
the members shall select one of their members to serve as 591
chairperson and one of their members to serve as vice-chairperson.592

       (B) Members of the council shall be appointed for a term of 593
three years, except that for the first appointment members of the 594
Ohio commission on aging who were serving on the commission 595
immediately prior to July 26, 1984, shall become members of the 596
council for the remainder of their unexpired terms. Thereafter, 597
appointment to the council shall be for a three-year term by the 598
governor. Each member shall hold office from the date of 599
appointment until the end of the term for which the member was 600
appointed. Any member appointed to fill a vacancy occurring prior 601
to the expiration of the term for which the member's predecessor 602
was appointed shall hold office for the remainder of the term. Any603
No member mayshall continue in office subsequent to the 604
expiration date of the member's term until a successor takes 605
office and shall be compensated for the period served between the 606
expiration of the member's term and the beginning of the 607
successor's termunless reappointed under the provisions of this 608
section, and no member shall serve more than three consecutive 609
terms on the council.610

       (C) Membership of the council shall represent all areas of 611
Ohio and shall be as follows:612

       (1) A majority of members of the council shall have attained 613
the age of sixty and have a knowledge of and continuing interest 614
in the affairs and welfare of the older citizens of Ohio. The 615
fields of business, labor, health, law, and human services shall 616
be represented in the membership.617

       (2) No more than seven members shall be of the same political 618
party.619

       (D) Any member of the council may be removed from office by 620
the governor for neglect of duty, misconduct, or malfeasance in 621
office after being informed in writing of the charges and afforded 622
an opportunity for a hearing. Two consecutive unexcused absences 623
from regularly scheduled meetings constitute neglect of duty.624

       (E) Members of the council shall be compensated at the rate 625
of fifty dollars for each day actually employed in the discharge 626
of official duties but not to exceed two thousand dollars per year 627
and in addition shall be allowed actual and necessary expensesThe 628
director of aging may reimburse a member for actual and necessary 629
traveling and other expenses incurred in the discharge of official 630
duties; but reimbursement shall be made in the manner, and at 631
rates that do not exceed those, prescribed by the director of 632
budget and management for any officer, member, or employee of, or 633
consultant to, any state agency. 634

       (F) Council members are not limited as to the number of terms 635
they may serve.636

       (G) Council members shall not be interested directly or 637
indirectly in any contract awarded by the department of agingThe 638
department of aging may award grants to or enter into contracts 639
with a member of the advisory council or an entity that the member 640
represents if any of the following apply:641

       (1) The department determines that the member or the entity 642
the member represents is capable of providing the goods or 643
services specified under the terms of the grant or contract.644

       (2) The member has not taken part in any discussion or vote 645
of the council related to whether the council should recommend 646
that the department of aging award the grant to or enter into the 647
contract with the member of the advisory council or the entity 648
that the member represents.649

       (H) A member of the advisory council is not in violation of 650
Chapter 102. or section 2921.42 of the Revised Code with regard to 651
receiving a grant or entering into a contract under this section 652
if the requirements of division (F) of this section have been met.653

       Sec. 173.04.  (A) As used in this section, "respite care" 654
means short-term, temporary care or supervision provided to a 655
person who has Alzheimer's disease in the absence of the person 656
who normally provides that care or supervision.657

       (B) Through the internet web site maintained by the 658
department of aging, the director of aging shall disseminate 659
Alzheimer's disease training materials for licensed physicians, 660
registered nurses, licensed practical nurses, administrators of 661
health care programs, social workers, and other health care and 662
social service personnel who participate or assist in the care or 663
treatment of persons who have Alzheimer's disease. The training 664
materials disseminated through the web site may be developed by 665
the director or obtained from other sources.666

       (C) To the extent funds are available, the director shall 667
administer respite care programs and other supportive services for 668
persons who have Alzheimer's disease and their families or care 669
givers. Respite care programs shall be approved by the director 670
and shall be provided for the following purposes:671

       (1) Giving persons who normally provide care or supervision 672
for a person who has Alzheimer's disease relief from the stresses 673
and responsibilities that result from providing such care;674

       (2) Preventing or reducing inappropriate institutional care 675
and enabling persons who have Alzheimer's disease to remain at 676
home as long as possible.677

       (D) The director may provide services under this section to 678
persons with Alzheimer's disease and their families regardless of 679
the age of the persons with Alzheimer's disease.680

       (E) The director shallmay adopt rules in accordance with 681
Chapter 119. of the Revised Code governing respite care programs 682
and other supportive services, the distribution of funds, and the 683
purpose for which funds may be utilized under this section.684

       (F) The director may create an Alzheimer's disease and 685
related disorders task force to advise the director on the 686
following:687

       (1) The rights of persons with Alzheimer's disease and 688
related disorders;689

       (2) The development and evaluation of education and training 690
programs, home care programs, and respite care programs that serve 691
persons with Alzheimer's disease and related disorders;692

       (3) How to serve persons with Alzheimer's disease and related 693
disorders in Ohio's unified long-term care budget system.694

       If a task force is created, the members shall include 695
representatives of the Alzheimer's disease association and other 696
organizations the director considers appropriate.697

       Sec. 901.90. (A) There is hereby created in the state 698
treasury the Ohio agriculture license plate scholarship fund 699
consisting of the contributions the registrar of motor vehicles 700
receives pursuant to section 4503.503 of the Revised Code. Money 701
shall be expended from the fund only as provided in division 702
(C)(B) of this section.703

       (B)(1) There is hereby created the Ohio agriculture license 704
plate scholarship fund board, consisting of the director of 705
agriculture or the director's designee and one representative 706
appointed by each of the following organizations:707

       (a) The Ohio agriculture council;708

       (b) The Ohio corngrowers association;709

       (c) The Ohio farm bureau federation;710

       (d) The Ohio soy association;711

       (e) The Ohio state university college of food, agricultural, 712
and environmental sciences;713

       (f) The Ohio young farmers association.714

       (2) All original appointments to the board shall be made not 715
later than ninety days after the effective date of this section, 716
and all vacancies shall be filled in the same manner as the 717
original appointment. Members of the board shall serve without 718
compensation but shall be reimbursed for the actual expenses they 719
incur in performing their duties. The director of agriculture or 720
the director's designee shall serve as chairperson. The board 721
shall adopt rules governing their meetings and proceedings.722

       (C) There is hereby established the Ohio agriculture license 723
plate scholarship program to benefit students who attend an 724
institution of higher learning located in this state and are 725
enrolled in a program that is related to agriculture. The board726
director of agriculture shall adopt rules governing all aspects of 727
the program, including any additional eligibility requirements, 728
the application process, scholarship amounts, and any requirements 729
a student must meet in order to retain a scholarship.730

       All decisions of the boarddirector relating to the 731
scholarship program, including the decision to award, renew, not 732
renew, or revoke a scholarship, are final.733

       Sec. 1349.71.  (A) There is hereby created a consumer finance 734
education board, consisting of the following twelve members:735

       (1) An employee of the Ohio attorney general's office, 736
appointed by the governor;737

       (2) An employee of the department of commerce, appointed by 738
the governor;739

       (3) An employee of the Ohio housing finance agency, appointed 740
by the governor;741

       (4) A representative of Ohio minority advocacy groups, 742
appointed by the governor;743

       (5) A member of the Ohio bankers league, appointed by the 744
speaker of the house of representatives;745

       (6) A member of the Ohio mortgage bankers association, 746
appointed by the speaker of the house of representatives;747

       (7) A member of the Ohio credit union league, appointed by 748
the speaker of the house of representatives;749

       (8) A member of the Ohio community bankers association, 750
appointed by the speaker of the house of representatives;751

       (9) A representative of the Ohio real estate industry, 752
appointed by the president of the senate;753

       (10) A member of the Ohio mortgage brokers association, 754
appointed by the president of the senate;755

       (11) A representative of the financial services industry, 756
appointed by the president of the senate;757

       (12) A representative of consumer advocacy organizations, 758
appointed by the president of the senate.759

       (B) Geographically diverse representation of the state shall 760
be considered in making appointments. Of the initial appointments 761
to the board, four shall be for a term ending December 31, 2008, 762
four shall be for a term ending December 31, 2009, and four shall 763
be for a term ending December 31, 2010. Thereafter, terms of 764
office are for three years, commencing on the first day of January 765
and ending on the thirty-first day of December. Each member shall 766
hold office from the date of the member's appointment until the 767
end of the term for which the member is appointed. Prior to 768
assuming the duties of office, each member shall subscribe to, and 769
file with the secretary of state, the constitutional oath of 770
office. Vacancies that occur on the board shall be filled in the 771
manner prescribed for regular appointments to the board. A member 772
appointed to fill a vacancy occurring prior to the expiration of 773
the term for which the member's predecessor was appointed shall 774
hold office for the remainder of that predecessor's term. A member 775
shall continue in office subsequent to the expiration date of the 776
member's term until the member's successor takes office or until 777
sixty days have elapsed, whichever occurs first. No person shall 778
serve as a member of the board for more than two consecutive 779
terms. The governor may remove a member pursuant to section 3.04 780
of the Revised Code.781

       (C) Annually, upon the qualification of the members appointed 782
in that year, the board shall organize by selecting from its 783
members a chairperson. The board shall meet at least once each 784
calendar quarter to conduct its business with the place of future 785
meetings to be decided by a vote of its members. Each member shall 786
be provided with written notice of the time and place of each 787
board meeting at least ten days prior to the scheduled date of the 788
meeting. A majority of the members of the board constitutes a 789
quorum to transact and vote on all business coming before the 790
board.791

       (D)(1) The governor shall call the first meeting of the 792
consumer finance education board. At that meeting, and annually 793
thereafter, the board shall elect a chairperson for a one-year 794
term and may elect members to other positions on the board as the 795
board considers necessary or appropriate.796

       (2) Each member of the board shall receive an amount fixed 797
pursuant to division (J) of section 124.15 of the Revised Code for 798
each day employed in the discharge of the member's official 799
duties, and the member's actual and necessary expenses incurred in 800
the discharge of those duties.801

       (E) The board may obtain services from any state agency, 802
including, but not limited to, the department of commerce or its 803
successor agency.804

       (F) The board shall assemble an advisory committee of 805
representatives from the following organizations or groups for the 806
purpose of receiving recommendations on policy, rules, and 807
activities of the board:808

       (1) The department of aging;809

       (2) The department of rehabilitation and correction;810

       (3) The department of development;811

       (4) The department of job and family services;812

       (5) The Ohio treasurer of state's office;813

       (6) The county treasurers association of Ohio;814

       (7) Ohio college professors;815

       (8) Ohio university professors;816

       (9) The Ohio board of regents;817

       (10) The Ohio community development corporations association;818

       (11) The Ohio council for economic education;819

       (12) The Ohio state university extension service.820

       Sec. 3301.90.  The governor shall create the early childhood 821
advisory council in accordance with 42 U.S.C. 9837b(b)(1) and 822
shall appoint one of its members to serve as chairperson of the 823
council. The council shall serve as the state advisory council on 824
early childhood education and care, as described in 42 U.S.C. 825
9837b(b)(1). In addition to the duties specified in 42 U.S.C. 826
9837b(b)(1), the council shall advise the state regarding the 827
creation and duties of the center for early childhood development 828
and shall promote family-centered programs and services that 829
acknowledge and support the social, emotional, cognitive, 830
intellectual, and physical development of children and the vital 831
role of families in ensuring the well-being and success of 832
children.833

       The council shall also develop recommendations that explore 834
the implementation of a single financing system for early care and 835
education programs that includes aligned payment mechanisms and 836
consistent eligibility and copayment policies. The council shall 837
submit its recommendations to the governor.838

       Sec. 3302.021. (A) Not earlier than July 1, 2005, and not 839
later than July 1, 2007, the department of education shall 840
implement a value-added progress dimension for school districts 841
and buildings and shall incorporate the value-added progress 842
dimension into the report cards and performance ratings issued for 843
districts and buildings under section 3302.03 of the Revised Code.844

       The state board of education shall adopt rules, pursuant to 845
Chapter 119. of the Revised Code, for the implementation of the 846
value-added progress dimension. In adopting rules, the state board 847
shall consult with the Ohio accountability task force established 848
under division (E) of this section. The rules adopted under this 849
division shall specify both of the following:850

        (1) A scale for describing the levels of academic progress in 851
reading and mathematics relative to a standard year of academic 852
growth in those subjects for each of grades three through eight;853

        (2) That the department shall maintain the confidentiality of 854
individual student test scores and individual student reports in 855
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the 856
Revised Code and federal law. The department may require school 857
districts to use a unique identifier for each student for this 858
purpose. Individual student test scores and individual student 859
reports shall be made available only to a student's classroom 860
teacher and other appropriate educational personnel and to the 861
student's parent or guardian.862

        (B) The department shall use a system designed for collecting 863
necessary data, calculating the value-added progress dimension, 864
analyzing data, and generating reports, which system has been used 865
previously by a non-profitnonprofit organization led by the Ohio 866
business community for at least one year in the operation of a 867
pilot program in cooperation with school districts to collect and 868
report student achievement data via electronic means and to 869
provide information to the districts regarding the academic 870
performance of individual students, grade levels, school 871
buildings, and the districts as a whole.872

        (C) The department shall not pay more than two dollars per 873
student for data analysis and reporting to implement the 874
value-added progress dimension in the same manner and with the 875
same services as under the pilot program described by division (B) 876
of this section. However, nothing in this section shall preclude 877
the department or any school district from entering into a 878
contract for the provision of more services at a higher fee per 879
student. Any data analysis conducted under this section by an 880
entity under contract with the department shall be completed in 881
accordance with timelines established by the superintendent of 882
public instruction.883

       (D) The department shall share any aggregate student data and 884
any calculation, analysis, or report utilizing aggregate student 885
data that is generated under this section with the chancellor of 886
the Ohio board of regents. The department shall not share 887
individual student test scores and individual student reports with 888
the chancellor.889

       (E)(1) There is hereby established the Ohio accountability 890
task force. The task force shall consist of the following thirteen 891
members:892

        (a) The chairpersons and ranking minority members of the 893
house of representatives and senate standing committees primarily 894
responsible for education legislation, who shall be nonvoting 895
members;896

        (b) One representative of the governor's office, appointed by 897
the governor;898

        (c) The superintendent of public instruction, or the 899
superintendent's designee;900

        (d) One representative of teacher employee organizations 901
formed pursuant to Chapter 4117. of the Revised Code, appointed by 902
the speaker of the house of representatives;903

        (e) One representative of school district boards of 904
education, appointed by the president of the senate;905

        (f) One school district superintendent, appointed by the 906
speaker of the house of representatives;907

        (g) One representative of business, appointed by the 908
president of the senate;909

       (h) One representative of a non-profitnonprofit organization 910
led by the Ohio business community, appointed by the governor;911

       (i) One school building principal, appointed by the president 912
of the senate;913

       (j) A member of the state board of education, appointed by 914
the speaker of the house of representatives.915

        Initial appointed members of the task force shall serve until 916
January 1, 2005. Thereafter, terms of office for appointed members 917
shall be for two years, each term ending on the same day of the 918
same month as did the term that it succeeds. Each appointed member 919
shall hold office from the date of appointment until the end of 920
the term for which the member was appointed. Members may be 921
reappointed. Vacancies shall be filled in the same manner as the 922
original appointment. Any member appointed to fill a vacancy 923
occurring prior to the expiration of the term for which the 924
member's predecessor was appointed shall hold office for the 925
remainder of that term.926

        The task force shall select from among its members a 927
chairperson. The task force shall meet at least six timesonce928
each calendar year and at other times upon the call of the 929
chairperson to conduct its business. Members of the task force 930
shall serve without compensation.931

        (2) The task force shall do all of the following:932

        (a) Examine the implementation of the value-added progress 933
dimension by the department, including the system described in 934
division (B) of this section, the reporting of performance data to 935
school districts and buildings, and the provision of professional 936
development on the interpretation of the data to classroom 937
teachers and administrators;938

        (b) Periodically review any fees for data analysis and 939
reporting paid by the department pursuant to division (C) of this 940
section and determine if the fees are appropriate based upon the 941
level of services provided;942

       (c) Periodically report to the department and the state board 943
on all issues related to the school district and building 944
accountability system established under this chapter;945

        (d) Not later than seven years after its initial meeting, 946
make recommendations to improve the school district and building 947
accountability system established under this chapter. The task 948
force shall adopt recommendations by a majority vote of its 949
members. Copies of the recommendations shall be provided to the 950
state board, the governor, the speaker of the house of 951
representatives, and the president of the senate.952

       (e) Determine starting dates for the implementation of the 953
value-added progress dimension and its incorporation into school 954
district and building report cards and performance ratings.955

       Sec. 3302.10.  (A) Beginning July 1, 2007, the superintendent 956
of public instruction shall establish an academic distress 957
commission for each school district that has been declared to be 958
in a state of academic emergency pursuant to section 3302.03 of 959
the Revised Code and has failed to make adequate yearly progress 960
for four or more consecutive school years. Each commission shall 961
assist the district for which it was established in improving the 962
district's academic performance.963

       Each commission is a body both corporate and politic, 964
constituting an agency and instrumentality of the state and 965
performing essential governmental functions of the state. A 966
commission shall be known as the "academic distress commission for 967
............... (name of school district)," and, in that name, may 968
exercise all authority vested in such a commission by this 969
section. A separate commission shall be established for each 970
school district to which this division applies.971

       (B) Each academic distress commission shall consist of five 972
voting members, three of whom shall be appointed by the 973
superintendent of public instruction and two of whom shall be 974
residents of the applicable school district appointed by the 975
president of the district board of education. When a school 976
district becomes subject to this section, the superintendent of 977
public instruction shall provide written notification of that fact 978
to the district board of education and shall request the president 979
of the district board to submit to the superintendent of public 980
instruction, in writing, the names of the president's appointees 981
to the commission. The superintendent of public instruction and 982
the president of the district board shall make appointments to the 983
commission within thirty days after the district is notified that 984
it is subject to this section.985

        Members of the commission shall serve at the pleasure of 986
their appointing authority during the life of the commission. In 987
the event of the death, resignation, incapacity, removal, or 988
ineligibility to serve of a member, the appointing authority shall 989
appoint a successor within fifteen days after the vacancy occurs. 990
Members shall serve without compensation, but shall be paid by the 991
school district for which the commission is created their 992
necessary and actual expenses incurred while engaged in the 993
business of the commission.994

       (C) Immediately after appointment of the initial members of 995
an academic distress commission, the superintendent of public 996
instruction shall call the first meeting of the commission and 997
shall cause written notice of the time, date, and place of that 998
meeting to be given to each member of the commission at least 999
forty-eight hours in advance of the meeting. The first meeting 1000
shall include an overview of the commission's roles and 1001
responsibilities, the requirements of section 2921.42 and Chapter 1002
102. of the Revised Code as they pertain to commission members, 1003
the requirements of section 121.22 of the Revised Code, and the 1004
provisions of division (F) of this section. At its first meeting, 1005
the commission shall adopt temporary bylaws in accordance with 1006
division (D) of this section to govern its operations until the 1007
adoption of permanent bylaws.1008

        The superintendent of public instruction shall designate a 1009
chairperson for the commission from among the members appointed by 1010
the superintendent. The chairperson shall call and conduct 1011
meetings, set meeting agendas, and serve as a liaison between the 1012
commission and the district board of education. The chairperson 1013
also shall appoint a secretary, who shall not be a member of the 1014
commission.1015

        The department of education shall provide administrative 1016
support for the commission, provide data requested by the 1017
commission, and inform the commission of available state resources 1018
that could assist the commission in its work.1019

        (D) Each academic distress commission may adopt and alter 1020
bylaws and rules, which shall not be subject to section 111.15 or 1021
Chapter 119. of the Revised Code, for the conduct of its affairs 1022
and for the manner, subject to this section, in which its powers 1023
and functions shall be exercised and embodied.1024

        (E) Three members of an academic distress commission 1025
constitute a quorum of the commission. The affirmative vote of 1026
three members of the commission is necessary for any action taken 1027
by vote of the commission. No vacancy in the membership of the 1028
commission shall impair the rights of a quorum by such vote to 1029
exercise all the rights and perform all the duties of the 1030
commission. Members of the commission are not disqualified from 1031
voting by reason of the functions of any other office they hold 1032
and are not disqualified from exercising the functions of the 1033
other office with respect to the school district, its officers, or 1034
the commission.1035

        (F) The members of an academic distress commission, the 1036
superintendent of public instruction, and any person authorized to 1037
act on behalf of or assist them shall not be personally liable or 1038
subject to any suit, judgment, or claim for damages resulting from 1039
the exercise of or failure to exercise the powers, duties, and 1040
functions granted to them in regard to their functioning under 1041
this section, but the commission, superintendent of public 1042
instruction, and such other persons shall be subject to mandamus 1043
proceedings to compel performance of their duties under this 1044
section.1045

        (G) Each member of an academic distress commission shall file 1046
the statement described in section 102.02 of the Revised Code with 1047
the Ohio ethics commission. The statement shall be confidential, 1048
subject to review, as described in division (B) of that section.1049

        (H) Meetings of each academic distress commission shall be 1050
subject to section 121.22 of the Revised Code.1051

        (I)(1) Within one hundred twenty days after the first meeting 1052
of an academic distress commission, the commission shall adopt an 1053
academic recovery plan to improve academic performance in the 1054
school district. The plan shall address academic problems at both 1055
the district and school levels. The plan shall include the 1056
following:1057

        (a) Short-term and long-term actions to be taken to improve 1058
the district's academic performance, including any actions 1059
required by section 3302.04 or 3302.041 of the Revised Code;1060

        (b) The sequence and timing of the actions described in 1061
division (I)(1)(a) of this section and the persons responsible for 1062
implementing the actions;1063

        (c) Resources that will be applied toward improvement 1064
efforts;1065

        (d) Procedures for monitoring and evaluating improvement 1066
efforts;1067

        (e) Requirements for reporting to the commission and the 1068
district board of education on the status of improvement efforts.1069

        (2) The commission may amend the academic recovery plan 1070
subsequent to adoption. The commission shall update the plan at 1071
least annually.1072

        (3) The commission shall submit the academic recovery plan it 1073
adopts or updates to the superintendent of public instruction for 1074
approval immediately following its adoption or updating. The 1075
superintendent shall evaluate the plan and either approve or 1076
disapprove it within thirty days after its submission. If the plan 1077
is disapproved, the superintendent shall recommend modifications 1078
that will render it acceptable. No academic distress commission 1079
shall implement an academic recovery plan unless the 1080
superintendent has approved it.1081

        (4) County, state, and school district officers and employees 1082
shall assist the commission diligently and promptly in the 1083
implementation of the academic recovery plan.1084

        (J) Each academic distress commission shall seek input from 1085
the district board of education regarding ways to improve the 1086
district's academic performance, but any decision of the 1087
commission related to any authority granted to the commission 1088
under this section shall be final.1089

       The commission may do any of the following:1090

       (1) Appoint school building administrators and reassign 1091
administrative personnel;1092

       (2) Terminate the contracts of administrators or 1093
administrative personnel. The commission shall not be required to 1094
comply with section 3319.16 of the Revised Code with respect to 1095
any contract terminated under this division.1096

       (3) Contract with a private entity to perform school or 1097
district management functions;1098

       (4) Establish a budget for the district and approve district 1099
appropriations and expenditures, unless a financial planning and 1100
supervision commission has been established for the district 1101
pursuant to section 3316.05 of the Revised Code.1102

       (K) If the board of education of a district for which an 1103
academic distress commission has been established under this 1104
section renews any collective bargaining agreement under Chapter 1105
4117. of the Revised Code during the existence of the commission, 1106
the district board shall not enter into any agreement that would 1107
render any decision of the commission unenforceable. Section 1108
3302.08 of the Revised Code does not apply to this division.1109

       Notwithstanding any provision to the contrary in Chapter 1110
4117. of the Revised Code, if the board of education has entered 1111
into a collective bargaining agreement after September 29, 2005, 1112
that contains stipulations relinquishing one or more of the rights 1113
or responsibilities listed in division (C) of section 4117.08 of 1114
the Revised Code, those stipulations are not enforceable and the 1115
district board shall resume holding those rights or 1116
responsibilities as if it had not relinquished them in that 1117
agreement until such time as both the academic distress commission 1118
ceases to exist and the district board agrees to relinquish those 1119
rights or responsibilities in a new collective bargaining 1120
agreement. The provisions of this paragraph apply to a collective 1121
bargaining agreement entered into after September 29, 2005, and 1122
those provisions are deemed to be part of that agreement 1123
regardless of whether the district satisfied the conditions 1124
prescribed in division (A) of this section at the time the 1125
district entered into that agreement.1126

       (L) An academic distress commission shall cease to exist when 1127
the district for which it was established receives a performance 1128
rating under section 3302.03 of the Revised Code of in need of 1129
continuous improvement or better for two of the three prior school 1130
years; however, the superintendent of public instruction may 1131
dissolve the commission earlier if the superintendent determines 1132
that the district can perform adequately without the supervision 1133
of the commission. Upon termination of the commission, the 1134
department of education shall compile a final report of the 1135
commission's activities to assist other academic distress 1136
commissions in the conduct of their functions.1137

       Sec. 3311.71.  (A) As used in this section and in sections 1138
3311.72 to 3311.773311.76 of the Revised Code:1139

       (1) "Municipal school district" means a school district that 1140
is or has ever been under a federal court order requiring 1141
supervision and operational, fiscal, and personnel management of 1142
the district by the state superintendent of public instruction.1143

       (2) "Mayor" means the mayor of the municipal corporation 1144
containing the greatest portion of a municipal school district's 1145
territory.1146

       (B) Whenever any municipal school district is released by a 1147
federal court from an order requiring supervision and operational, 1148
fiscal, and personnel management of the district by the state 1149
superintendent, the management and control of that district shall 1150
be assumed, effective immediately, by a new nine-member board of 1151
education. Members of the new board shall be appointed by the 1152
mayor, who shall also designate one member as the chairperson of 1153
the board. In addition to the rights, authority, and duties 1154
conferred upon the chairperson by sections 3311.71 to 3311.76 of 1155
the Revised Code, the chairperson shall have all the rights, 1156
authority, and duties conferred upon the president of a board of 1157
education by the Revised Code that are not inconsistent with 1158
sections 3311.71 to 3311.76 of the Revised Code.1159

       (C) No school board member shall be appointed by the mayor 1160
pursuant to division (B) of this section until the mayor has 1161
received a slate of at least eighteen candidates nominated by a 1162
municipal school district nominating panel, at least three of whom 1163
reside in the municipal school district but not in the municipal 1164
corporation containing the greatest portion of the district's 1165
territory. The municipal school district nominating panel shall be 1166
initially convened and chaired by the state superintendent of 1167
public instruction, who shall serve as a nonvoting member for the 1168
first two years of the panel's existence, and shall consist of 1169
eleven persons selected as follows:1170

       (1) Three parents or guardians of children attending the 1171
schools of the municipal school district appointed by the district 1172
parent-teacher association, or similar organization selected by 1173
the state superintendent;1174

       (2) Three persons appointed by the mayor;1175

       (3) One person appointed by the president of the legislative 1176
body of the municipal corporation containing the greatest portion 1177
of the municipal school district's territory;1178

       (4) One teacher appointed by the collective bargaining 1179
representative of the school district's teachers;1180

       (5) One principal appointed through a vote of the school 1181
district's principals, which vote shall be conducted by the state 1182
superintendent;1183

       (6) One representative of the business community appointed by 1184
an organized collective business entity selected by the mayor;1185

       (7) One president of a public or private institution of 1186
higher education located within the municipal school district 1187
appointed by the state superintendent of public instruction.1188

       The municipal school district nominating panel shall select 1189
one of its members as its chairperson commencing two years after 1190
the date of the first meeting of the panel, at which time the 1191
state superintendent of public instruction shall no longer convene 1192
or chair the panel. Thereafter, the panel shall meet as necessary 1193
to make nominations at the call of the chairperson. All members of 1194
the panel shall serve at the pleasure of the appointing authority. 1195
Vacancies on the panel shall be filled in the same manner as the 1196
initial appointments.1197

       (D) No individual shall be appointed by the mayor pursuant to 1198
division (B) or (F) of this section unless the individual has been 1199
nominated by the nominating panel, resides in the school district, 1200
and holds no elected public office. At any given time, four of the 1201
nine members appointed by the mayor to serve on the board pursuant 1202
to either division (B) or (F) of this section shall have 1203
displayed, prior to appointment, significant expertise in either 1204
the education field, finance, or business management. At all times 1205
at least one member of the board shall be an individual who 1206
resides in the municipal school district but not in the municipal 1207
corporation containing the greatest portion of the district's 1208
territory.1209

       (E) The terms of office of all members appointed by the mayor 1210
pursuant to division (B) of this section shall expire on the next 1211
thirtieth day of June following the referendum election required 1212
by section 3311.73 of the Revised Code. The mayor may, with the 1213
advice and consent of the nominating panel, remove any member 1214
appointed pursuant to that division or division (F) of this 1215
section for cause.1216

       (F) If the voters of the district approve the continuation of 1217
an appointed board at the referendum election required by section 1218
3311.73 of the Revised Code, the mayor shall appoint the members 1219
of a new board from a slate prepared by the nominating panel in 1220
the same manner as the initial board was appointed pursuant to 1221
divisions (B), (C), and (D) of this section. Five of the members 1222
of the new board shall be appointed to four-year terms and the 1223
other four shall be appointed to two-year terms, each term 1224
beginning on the first day of July. Thereafter, the mayor shall 1225
appoint members to four-year terms in the same manner as described 1226
in divisions (B), (C), and (D) of this section. The minimum number 1227
of individuals who shall be on the slate prepared by the 1228
nominating panel for this purpose shall be at least twice the 1229
number of members to be appointed, including at least two who 1230
reside in the municipal school district but not in the municipal 1231
corporation containing the greatest portion of the district's 1232
territory.1233

       (G) In addition to the nine members appointed by the mayor, 1234
the boards appointed pursuant to divisions (B) and (F) of this 1235
section shall include the following nonvoting ex officio members:1236

       (1) If the main campus of a state university specified in 1237
section 3345.011 of the Revised Code is located within the 1238
municipal school district, the president of the university or the 1239
president's designee;1240

       (2) If any community college has its main branch located 1241
within the district, the president of the community college that 1242
has the largest main branch within the district, or the 1243
president's designee.1244

       Sec. 3312.01. (A) The educational regional service system is 1245
hereby established. The system shall support state and regional 1246
education initiatives and efforts to improve school effectiveness 1247
and student achievement. Services, including special education and 1248
related services, shall be provided under the system to school 1249
districts, community schools established under Chapter 3314. of 1250
the Revised Code, and chartered nonpublic schools.1251

       It is the intent of the general assembly that the educational 1252
regional service system reduce the unnecessary duplication of 1253
programs and services and provide for a more streamlined and 1254
efficient delivery of educational services without reducing the 1255
availability of the services needed by school districts and 1256
schools.1257

       (B) The educational regional service system shall consist of 1258
the following:1259

       (1) The state regional alliance advisory board established 1260
under section 3312.11 of the Revised Code;1261

       (2) The advisory councils and subcommittees established under 1262
sections 3312.03 and 3312.05 of the Revised Code;1263

       (3)(2) A fiscal agent for each of the regions as configured 1264
under section 3312.02 of the Revised Code;1265

       (4)(3) Educational service centers, information technology 1266
centers established under section 3301.075 of the Revised Code, 1267
and other regional education service providers.1268

       (C) Educational service centers shall provide the services 1269
that they are specifically required to provide by the Revised Code 1270
and may enter into agreements pursuant to section 3313.843, 1271
3313.844, or 3313.845 of the Revised Code for the provision of 1272
other services, which may include any of the following:1273

        (1) Assistance in improving student performance;1274

        (2) Services to enable a school district or school to operate 1275
more efficiently or economically;1276

        (3) Professional development for teachers or administrators;1277

        (4) Assistance in the recruitment and retention of teachers 1278
and administrators;1279

        (5) Any other educational, administrative, or operational 1280
services.1281

        In addition to implementing state and regional education 1282
initiatives and school improvement efforts under the educational 1283
regional service system, educational service centers shall 1284
implement state or federally funded initiatives assigned to the 1285
service centers by the general assembly or the department of 1286
education.1287

        Any educational service center selected to be a fiscal agent 1288
for its region pursuant to section 3312.07 of the Revised Code 1289
shall continue to operate as an educational service center for the 1290
part of the region that comprises its territory.1291

       (D) Information technology centers may enter into agreements 1292
for the provision of services pursuant to section 3312.10 of the 1293
Revised Code.1294

       (E) No school district, community school, or chartered 1295
nonpublic school shall be required to purchase services from an 1296
educational service center or information technology center in the 1297
region in which the district or school is located, except that a 1298
local school district shall receive any services required by the 1299
Revised Code to be provided by an educational service center to 1300
the local school districts in its territory from the educational 1301
service center in whose territory the district is located.1302

       Sec. 3312.09. (A) Each performance contract entered into by 1303
the department of education and the fiscal agent of a region for 1304
implementation of a state or regional education initiative or 1305
school improvement effort shall include the following:1306

       (1) An explanation of how the regional needs and priorities 1307
for educational services have been identified by the advisory 1308
council of the region, the advisory council's subcommittees, and 1309
the department;1310

       (2) A definition of the services to be provided to school 1311
districts, community schools, and chartered nonpublic schools in 1312
the region, including any services provided pursuant to division 1313
(A) of section 3302.04 of the Revised Code;1314

       (3) Expected outcomes from the provision of the services 1315
defined in the contract;1316

       (4) The method the department will use to evaluate whether 1317
the expected outcomes have been achieved;1318

       (5) A requirement that the fiscal agent develop and implement 1319
a corrective action plan if the results of the evaluation are 1320
unsatisfactory;1321

       (6) Data reporting requirements;1322

       (7) The aggregate fees to be charged by the fiscal agent and 1323
any entity with which it subcontracts to cover personnel and 1324
program costs associated with administering the contract, which 1325
fees shall be subject to controlling board approval if in excess 1326
of four per cent of the value of the contract;1327

       (8) A requirement that a member of the advisory council in 1328
the region be a member of the state regional alliance advisory 1329
board established under section 3312.11 of the Revised Code.1330

       (B) Upon completion of each evaluation described in a 1331
performance contract, the department shall post the results of 1332
that evaluation on its web site.1333

       Sec. 3313.6013. (A) As used in this section, "dual enrollment 1334
program" means a program that enables a student to earn credit 1335
toward a degree from an institution of higher education while 1336
enrolled in high school or that enables a student to complete 1337
coursework while enrolled in high school that may earn credit 1338
toward a degree from an institution of higher education upon the 1339
student's attainment of a specified score on an examination 1340
covering the coursework. Dual enrollment programs may include any 1341
of the following:1342

        (1) The post-secondary enrollment options program established 1343
under Chapter 3365. of the Revised Code;1344

       (2) Advanced placement courses;1345

       (3) Any similar program established pursuant to an agreement 1346
between a school district or chartered nonpublic high school and 1347
an institution of higher education.1348

        (B) Each city, local, exempted village, and joint vocational 1349
school district and each chartered nonpublic high school shall 1350
provide students enrolled in grades nine through twelve with the 1351
opportunity to participate in a dual enrollment program. For this 1352
purpose, each school district and chartered nonpublic high school 1353
shall offer at least one dual enrollment program in accordance 1354
with division (B)(1) or (2) of this section, as applicable.1355

        (1) A city, local, or exempted village school district meets 1356
the requirements of this division through its mandatory 1357
participation in the post-secondary enrollment options program 1358
established under Chapter 3365. of the Revised Code. However, a 1359
city, local, or exempted village school district may offer any 1360
other dual enrollment program, in addition to the post-secondary 1361
enrollment options program, and each joint vocational school 1362
district shall offer at least one other dueldual enrollment 1363
program, to students in good standing, as defined by the 1364
partnership for continued learning under section 3301.42 of the 1365
Revised Code as it existed prior to the effective date of this 1366
amendment or as subsequently defined by the department of 1367
education.1368

        (2) A chartered nonpublic high school that elects to 1369
participate in the post-secondary enrollment options program 1370
established under Chapter 3365. of the Revised Code meets the 1371
requirements of this division. Each chartered nonpublic high 1372
school that elects not to participate in the post-secondary 1373
enrollment options program instead shall offer at least one other 1374
dual enrollment program to students in good standing, as defined 1375
by the partnership for continued learning under section 3301.42 of 1376
the Revised Code as it existed prior to the effective date of this 1377
amendment or as subsequently defined by the department of 1378
education.1379

       (C) Each school district and each chartered nonpublic high 1380
school shall provide information about the dual enrollment 1381
programs offered by the district or school to all students 1382
enrolled in grades eight through eleven.1383

       Sec. 3335.27.  The engineering experiment station shall be 1384
under the control of the board of trustees of the Ohio state 1385
university, through the regular administrative and fiscal 1386
officers. The board shall appoint a director on recommendation of 1387
the president of the university. There shall be an advisory 1388
committee of seven members appointed by the board of which 1389
committee the director shall be ex officio a member, and 1390
chairperson, said director, and the other six members to be chosen 1391
from the faculty of the college of engineering. The term of these 1392
members shall be for three years. The director and advisory 1393
committee shall select suitable subjects for investigation, 1394
apportion the available funds, and with the consent of the board 1395
may provide for the dissemination of the results to the people of 1396
the state.1397

       Sec. 3345.062. If the partnership for continued learning, 1398
after consulting with the Ohio board of regents and the state 1399
board of education, does not complete and submit recommendations 1400
for legislative changes for the operation of the post-secondary 1401
enrollment options program, as required by division (B) of section 1402
3301.42 of the Revised Code as it existed prior to the effective 1403
date of this amendment, by the deadline prescribed in that 1404
division, eachEach state university, as defined in section 1405
3345.011 of the Revised Code, shall offer via the internet or 1406
interactive distance learning at least two college level courses, 1407
one each in science and mathematics, by which high school students 1408
may earn both high school and college credit. During such course, 1409
the university may include a single presentation, of not more than 1410
two minutes in length, that describes its other programs and 1411
courses. The university may assess a fee for the course required 1412
under this section of not more than one-tenth of the amount per 1413
credit hour normally assessed by the university for an 1414
undergraduate course at its main campus.1415

       Sec. 3701.025. (A) There is hereby created the medically 1416
handicapped children's medical advisory council consisting of 1417
twenty-one members to be appointed by the director of health for 1418
terms set in accordance with rules adopted by the public health 1419
council under division (A)(11) of section 3701.021 of the Revised 1420
Code. The medically handicapped children's medical advisory 1421
council shall advise the director regarding the administration of 1422
the program for medically handicapped children, the suitable 1423
quality of medical practice for providers, and the requirements 1424
for medical eligibility for the program.1425

       All members of the council shall be licensed physicians, 1426
surgeons, dentists, and other professionals in the field of 1427
medicine, representative of the various disciplines involved in 1428
the treatment of children with medically handicapping conditions, 1429
and representative of the treatment facilities involved, such as 1430
hospitals, private and public health clinics, and private 1431
physicians' offices, and shall be eligible for the program.1432

       Members of the council shall receive no compensation, but 1433
shall receive their actual and necessary travel expenses incurred 1434
in the performance of their official duties in accordance with the 1435
rules of the office of budget and management.1436

       (B) The director of health may appoint a maternal and child 1437
health council to represent the views of service providers, other 1438
interest groups, consumers, and various geographic areas of the 1439
state. The maternal and child health council shall advise the 1440
department of health on matters pertaining to maternal and child 1441
health and, in particular, the "Maternal and Child Health Block 1442
Grant," Title V of the "Social Security Act," 95 Stat. 818, (1981) 1443
42 U.S.C.A. 701, as amended. Members of the council shall receive 1444
no compensation, but shall receive their actual and necessary 1445
travel expenses incurred in the performance of their official 1446
duties in accordance with the rules of the office of budget and 1447
management.1448

       Sec. 3701.63. (A) As used in this section and section 3701.64 1449
of the Revised Code:1450

        (1) "Child day-care center," "type A family day-care home," 1451
and "certified type B family day-care home" have the same meanings 1452
as in section 5104.01 of the Revised Code.1453

       (2) "Child care facility" means a child day-care center, a 1454
type A family day-care home, or a certified type B family day-care 1455
home.1456

        (3) "Freestanding birthing center" has the same meaning as in 1457
section 3702.51 of the Revised Code.1458

       (4) "Hospital" means a hospital classified pursuant to rules 1459
adopted under section 3701.07 of the Revised Code as a general 1460
hospital or children's hospital.1461

        (5) "Maternity unit" means any unit or place in a hospital 1462
where women are regularly received and provided care during all or 1463
part of the maternity cycle, except that "maternity unit" does not 1464
include an emergency department or similar place dedicated to 1465
providing emergency health care.1466

       (6) "Parent" means either parent, unless the parents are 1467
separated or divorced or their marriage has been dissolved or 1468
annulled, in which case "parent" means the parent who is the 1469
residential parent and legal custodian of the child. "Parent" also 1470
means a prospective adoptive parent with whom a child is placed.1471

       (7) "Shaken Baby Syndrome" means signs and symptoms, 1472
including, but not limited to, retinal hemorrhages in one or both 1473
eyes, subdural hematoma, or brain swelling, resulting from the 1474
violent shaking or the shaking and impacting of the head of an 1475
infant or small child.1476

        (B) The director of health shall establish the shaken baby 1477
syndrome education program by doing all of the following:1478

       (1) By not later than one year after the effective date of 1479
this sectionFebruary 29, 2008, with the advice of the work group 1480
appointed under division (D) of this section, developing 1481
educational materials that present readily comprehendible 1482
information on shaken baby syndrome;1483

        (2) Making available on the department of health web site in 1484
an easily accessible format the educational materials developed 1485
under division (B)(1) of this section;1486

        (3) Beginning in 2009, annually assessing the effectiveness 1487
of the shaken baby syndrome education program by evaluating the 1488
reports received pursuant to section 5101.135 of the Revised Code.1489

       (C) In meeting the requirements under division (B) of this 1490
section, the director shall not develop educational materials that 1491
will impose an administrative or financial burden on any of the 1492
entities or persons listed in section 3701.64 of the Revised Code.1493

       (D) The director of health shall appoint and convene a work 1494
group to advise the director on the shaken baby syndrome 1495
educational materials the director is required to develop under 1496
division (B) of this section. The work group shall include at 1497
least one representative of each of the following:1498

       (1) Child abuse prevention advocates;1499

       (2) The staff of the "help me grow" program established 1500
pursuant to section 3701.61 of the Revised Code;1501

       (3) Experts in the field of infant care, particularly in the 1502
area of infant calming methods;1503

        (4) Maternity unit directors;1504

       (5) Parenting skills educators;1505

        (6) Child care facilities.1506

        The work group may also include, at the director's 1507
discretion, representatives of other professions whose members 1508
have practical experience regarding shaken baby syndrome and 1509
representatives of citizens' organizations whose members are 1510
knowledgeable about shaken baby syndrome. 1511

       Sec. 3705.35.  Not later than one hundred eighty days after 1512
the effective date of this sectionOctober 5, 2000, the director 1513
of health shall, in consultation with the council created under 1514
section 3705.34 of the Revised Code, adopt rules in accordance 1515
with Chapter 119. of the Revised Code to do all of the following:1516

       (A) Implement the birth defects information system;1517

       (B) Specify the types of congenital anomalies and abnormal 1518
conditions of newborns to be reported to the system under section 1519
3705.30 of the Revised Code;1520

       (C) Establish reporting requirements for information 1521
concerning diagnosed congenital anomalies and abnormal conditions 1522
of newborns;1523

       (D) Establish standards that must be met by persons or 1524
government entities that seek access to the system;1525

       (E) Establish a form for use by parents or legal guardians 1526
who seek to have information regarding their children removed from 1527
the system and a method of distributing the form to local health 1528
departments, as defined in section 3705.33 of the Revised Code, 1529
and to physicians. The method of distribution must include making 1530
the form available on the internet.1531

       Sec. 3705.36.  Three years after the date a birth defects 1532
information system is implemented pursuant to section 3705.30 of 1533
the Revised Code, and annually thereafter, the department of 1534
health shall prepare a report regarding the birth defects 1535
information system. The council created under section 3705.34 of 1536
the Revised Code shall, not later than two years after the date a 1537
birth defects information system is implemented, specify the 1538
information the department is to include in each report. The 1539
department shall file the report with the governor, the president 1540
and minority leader of the senate, the speaker and minority leader 1541
of the house of representatives, the departments of developmental 1542
disabilities, education, and job and family services, the 1543
commission on minority health, and the news media.1544

       Sec. 3718.03. (A) There is hereby created the sewage 1545
treatment system technical advisory committee consisting of the 1546
director of health or the director's designee and ten members who 1547
are knowledgeable about sewage treatment systems and technologies. 1548
Of the ten members, four shall be appointed by the governor, three 1549
shall be appointed by the president of the senate, and three shall 1550
be appointed by the speaker of the house of representatives.1551

       (1) Of the members appointed by the governor, one shall 1552
represent academia, one shall be a representative of the public 1553
who is not employed by the state or any of its political 1554
subdivisions and who does not have a pecuniary interest in 1555
household sewage treatment systems, one shall be an engineer from 1556
the environmental protection agency, and one shall be selected 1557
from among soil scientists in the division of soil and water 1558
resources in the department of natural resources.1559

       (2) Of the members appointed by the president of the senate, 1560
one shall be a health commissioner who is a member of and 1561
recommended by the association of Ohio health commissioners, one 1562
shall represent the interests of manufacturers of household sewage 1563
treatment systems, and one shall represent installers and service 1564
providers.1565

       (3) Of the members appointed by the speaker of the house of 1566
representatives, one shall be a health commissioner who is a 1567
member of and recommended by the association of Ohio health 1568
commissioners, one shall represent the interests of manufacturers 1569
of household sewage treatment systems, and one shall be a 1570
sanitarian who is registered under Chapter 4736. of the Revised 1571
Code and who is a member of the Ohio environmental health 1572
association.1573

       (B) Terms of members appointed to the committee shall be for 1574
three years, with each term ending on the same day of the same 1575
month as did the term that it succeeds. Each member shall serve 1576
from the date of appointment until the end of the term for which 1577
the member was appointed.1578

       Members may be reappointed. Vacancies shall be filled in the 1579
same manner as provided for original appointments. Any member 1580
appointed to fill a vacancy occurring prior to the expiration date 1581
of the term for which the member was appointed shall hold office 1582
for the remainder of that term. A member shall continue to serve 1583
after the expiration date of the member's term until the member's 1584
successor is appointed or until a period of sixty days has 1585
elapsed, whichever occurs first. The applicable appointing 1586
authority may remove a member from the committee for failure to 1587
attend two consecutive meetings without showing good cause for the 1588
absences.1589

       (C) The technical advisory committee annually shall select 1590
from among its members a chairperson and a vice-chairperson and a 1591
secretary to keep a record of its proceedings. A majority vote of 1592
the members of the full committee is necessary to take action on 1593
any matter. The committee may adopt bylaws governing its 1594
operation, including bylaws that establish the frequency of 1595
meetings.1596

        (D) Serving as a member of the sewage treatment system 1597
technical advisory committee does not constitute holding a public 1598
office or position of employment under the laws of this state and 1599
does not constitute grounds for removal of public officers or 1600
employees from their offices or positions of employment. Members 1601
of the committee shall serve without compensation for attending 1602
committee meetings.1603

        (E) A member of the committee shall not have a conflict of 1604
interest with the position. For the purposes of this division, 1605
"conflict of interest" means the taking of any action that 1606
violates any provision of Chapter 102. or 2921. of the Revised 1607
Code.1608

        (F) The sewage treatment system technical advisory committee 1609
shall do all of the following:1610

        (1) Develop with the department of health standards and 1611
guidelines for approving or disapproving a sewage treatment system 1612
or components of a system under section 3718.04 of the Revised 1613
Code;1614

        (2) Develop with the department an application form to be 1615
submitted to the director by an applicant for approval or 1616
disapproval of a sewage treatment system or components of a system 1617
and specify the information that must be included with an 1618
application form;1619

        (3) Advise the director on the approval or disapproval of an 1620
application sent to the director under section 3718.04 of the 1621
Revised Code requesting approval of a sewage treatment system or 1622
components of a system;1623

       (4) Pursue and recruit in an active manner the research, 1624
development, introduction, and timely approval of innovative and 1625
cost-effective household sewage treatment systems and components 1626
of a system for use in this state, which shall include conducting 1627
pilot projects to assess the effectiveness of a system or 1628
components of a system;1629

       (5) By January 1, 2008, provide the household sewage and 1630
small flow on-site sewage treatment system study commission 1631
created by Am. Sub. H.B. 119 of the 127th general assembly with a 1632
list of available alternative systems and the estimated cost of 1633
each system.1634

        (G) The chairperson of the committee shall prepare and submit 1635
an annual report concerning the activities of the committee to the 1636
general assembly not later than ninety days after the end of the 1637
calendar year. The report shall discuss the number of applications 1638
submitted under section 3718.04 of the Revised Code for the 1639
approval of a new sewage treatment system or a component of a 1640
system, the number of such systems and components that were 1641
approved, any information that the committee considers beneficial 1642
to the general assembly, and any other information that the 1643
chairperson determines is beneficial to the general assembly. If 1644
other members of the committee determine that certain information 1645
should be included in the report, they shall submit the 1646
information to the chairperson not later than thirty days after 1647
the end of the calendar year.1648

       (H) The department shall provide meeting space for the 1649
committee. The committee shall be assisted in its duties by the 1650
staff of the department.1651

        (I) Sections 101.82 to 101.87 of the Revised Code do not 1652
apply to the sewage treatment system technical advisory committee.1653

       Sec. 3727.311.  The director of health shall serve as chair 1654
of the hospital measures advisory council. The department of 1655
health shall provide meeting space and staff and other 1656
administrative support for the council. The council and its 1657
subcommittees may form a quorum and take votes at meetings 1658
conducted by interactive video teleconference if provisions are 1659
made for public attendance at a location involved in such a 1660
teleconference. A record shall be kept of council or subcommittee 1661
proceedings, which shall be open for public inspection.1662

       Sec. 3727.312.  The hospital measures advisory council shall 1663
do all of the following:1664

       (A) Study the issue of hospitals reporting information 1665
regarding their performance in meeting measures for hospital 1666
inpatient and outpatient services, including how such reports are 1667
made in other states;1668

       (B) Not later than one year after the date the last of the 1669
initial council members is appointed, issue a report to the 1670
director of health with recommendations for all of the following:1671

       (1) Collecting, pursuant to section 3727.33 of the Revised 1672
Code, information from hospitals that shows their performance in 1673
meeting measures for hospital inpatient and outpatient services;1674

       (2) The audits conducted pursuant to section 3727.331 of the 1675
Revised Code;1676

       (3) Disseminating information about the performance of 1677
hospitals in meeting the measures, including effective methods of 1678
displaying information on any internet web site established under 1679
section 3727.39 of the Revised Code;1680

       (4) Explaining to the public how to use the information about 1681
the performance of hospitals in meeting the measures, including 1682
explanations about the limitations of the information.1683

       (C) Provide the director of health ongoing advice on all of 1684
the following:1685

       (1) The issue of hospitals reporting information regarding 1686
their performance in meeting measures for hospital inpatient and 1687
outpatient services;1688

       (2) Disseminating the information reported by hospitals;1689

       (3) Making improvements to the reports and dissemination of 1690
information;1691

       (4) Making changes to the information collection requirements 1692
and dissemination methods;1693

       (5) Recommendations regarding measurers for children's 1694
hospital inpatient and outpatient services.1695

       (D) Convene a group of health care consumers, nurses, and 1696
experts in infection control, the members of which shall be 1697
appointed by the council according to a method selected by the 1698
council, to provide information about infection issues to the 1699
council as needed for the council to perform its duties.1700

       Sec. 3737.03.  The state fire commissioncouncil may do all 1701
of the following:1702

       (A) Conduct research, make and publish reports on fire 1703
safety, and recommend to the governor, the general assembly, the 1704
board of building standards, and other state agencies, any needed 1705
changes in the laws, rules, or administrative policies relating to 1706
fire safety;1707

       (B) Recommend revisions in the rules included in the state 1708
fire code adopted by the fire marshal. The recommendations may 1709
propose the adoption of new rules or the amendment or repeal of 1710
existing rules. The commissioncouncil shall file its 1711
recommendations in the office of the fire marshal, and, within 1712
sixty days after the recommendations are filed, the fire marshal 1713
shall file with the chairperson of the commissioncouncil the fire 1714
marshal's comments on, and proposed action in response to, the 1715
recommendations.1716

       (C) Maintain the Ohio fire service hall of fame. In 1717
maintaining the hall of fame, the commissioncouncil shall keep 1718
official commendations that recognize and commemorate exemplary 1719
accomplishments and acts of heroism by firefighters and other 1720
persons at fire-related incidents or similar events occurring in 1721
the state. The commissioncouncil may adopt criteria and 1722
guidelines for selecting individuals for that recognition and 1723
commemoration. The recognition and commemoration of individuals 1724
may occur annually and include an annual awards ceremony. The 1725
expenses associated with the recognition and commemoration of 1726
individuals shall be paid in accordance with division (F) of 1727
section 3737.81 of the Revised Code.1728

       Sec. 3737.21.  (A) The director of the department of commerce 1729
shall appoint, from names submitted to the director by the state 1730
fire commissioncouncil, a fire marshal, who shall serve at the 1731
pleasure of the director and shall possess the following 1732
qualifications:1733

       (1) A degree from an accredited college or university with 1734
specialized study in either the field of fire protection or fire 1735
protection engineering, or the equivalent qualifications 1736
determined from training, experience, and duties in a fire 1737
service;1738

       (2) Five years of recent, progressively more responsible 1739
experience in fire inspection, fire code enforcement, fire 1740
investigation, fire protection engineering, teaching of fire 1741
safety engineering, or fire fighting.1742

       (B) When a vacancy occurs in the position of fire marshal, 1743
the director shall notify the state fire commissioncouncil. The1744
commissioncouncil shall communicate the fact of the vacancy by 1745
regular mail to all fire chiefs and fire protection engineers 1746
known to the commissioncouncil, or whose identity may be 1747
ascertained by the commissioncouncil by the exercise of due 1748
diligence. The commissioncouncil, no earlier than thirty days 1749
after mailing the notification, shall compile a list of all 1750
applicants for the position of fire marshal who are qualified 1751
under this section. The commissioncouncil shall submit the names 1752
of at least three persons on the list to the director. The 1753
director shall appoint the fire marshal from the list of at least 1754
three names or may request the commissioncouncil to submit 1755
additional names.1756

       Sec. 3737.81.  (A) There is hereby created the state fire1757
commissioncouncil consisting of ten members to be appointed by 1758
the governor with the advice and consent of the senate. The fire 1759
marshal or chief deputy fire marshal, a representative designated 1760
by the department of public safety who has tenure in fire 1761
suppression, and a representative designated by the board of 1762
building standards shall be ex officio members. Of the initial 1763
appointments made to the commissioncouncil, two shall be for a 1764
term ending one year after November 1, 1978, two shall be for a 1765
term ending two years after that date, two shall be for a term 1766
ending three years after that date, two shall be for a term ending 1767
four years after that date, and two shall be for a term ending 1768
five years after that date. Thereafter, terms of office shall be 1769
for five years, each term ending on the same day of the same month 1770
of the year as did the term which it succeeds. Each member shall 1771
hold office from the date of appointment until the end of the term 1772
for which the member was appointed. Any member appointed to fill a 1773
vacancy occurring prior to the expiration of the term for which 1774
the member's predecessor was appointed shall hold office for the 1775
remainder of that term. Any member shall continue in office 1776
subsequent to the expiration date of the member's term until a 1777
successor takes office, or until a period of sixty days has 1778
elapsed, whichever occurs first. Members shall be qualified by 1779
experience and training to deal with the matters that are the 1780
responsibility of the commissioncouncil. Two members shall be 1781
members of paid fire services, one shall be a member of volunteer 1782
fire services, two shall be mayors, managers, or members of 1783
legislative authorities of municipal corporations, one shall 1784
represent commerce and industry, one shall be a representative of 1785
a fire insurance company domiciled in this state, one shall 1786
represent the flammable liquids industry, one shall represent the 1787
construction industry, and one shall represent the public. At no 1788
time shall more than six members be members of or associated with 1789
the same political party. Membership on the commissioncouncil1790
shall not constitute holding a public office, and no person shall 1791
forfeit or otherwise vacate the person's office or position of 1792
employment because of membership on the commissioncouncil.1793

       (B) The ex officio members may not vote, except that the fire 1794
marshal or chief deputy fire marshal may vote in case of a tie.1795

       (C) Each member of the commissioncouncil, other than ex 1796
officio members, shall be paid an amount fixed pursuant to 1797
division (J) of section 124.15 of the Revised Code, and the 1798
member's actual and necessary expenses.1799

       (D) The commissioncouncil shall select a chairperson and a 1800
vice-chairperson from among its members. No business may be 1801
transacted in the absence of a quorum. A quorum shall be at least 1802
six members, excluding ex officio members, and shall include 1803
either the chairperson or vice-chairperson. The commissioncouncil1804
shall hold regular meetings at least once every two months and may 1805
meet at any other time at the call of the chairperson.1806

       (E) The fire marshal shall provide the commissioncouncil1807
with office space, meeting rooms, staff, and clerical assistance 1808
necessary for the commissioncouncil to perform its duties. If the1809
commissioncouncil maintains the Ohio fire service hall of fame 1810
under division (C) of section 3737.03 of the Revised Code, the 1811
fire marshal shall preserve, in an appropriate manner, in the 1812
office space or meeting rooms provided to the commissioncouncil1813
under this division or in another location, copies of all official 1814
commendations awarded to individuals recognized and commemorated 1815
for their exemplary accomplishments and acts of heroism at 1816
fire-related incidents or similar events that occurred in this 1817
state.1818

       (F) If the commissioncouncil maintains the Ohio fire service 1819
hall of fame under division (C) of section 3737.03 of the Revised 1820
Code, the expenses incurred for the recognition and commemoration 1821
of individuals for their exemplary accomplishments and acts of 1822
heroism at fire-related incidents or similar events that occurred 1823
in this state, including, but not limited to, expenses for 1824
official commendations and an annual awards ceremony as described 1825
in division (B) of section 3737.03 of the Revised Code, may be 1826
paid from moneys appropriated by the general assembly for purposes 1827
of that recognition and commemoration, from moneys that are 1828
available to the fire marshal under this chapter, or from other 1829
funding sources available to the commissioncouncil.1830

       Sec. 3737.86.  (A) As used in this section, "rule" includes 1831
the adoption, amendment, or repeal of any rule by the fire marshal 1832
under sections 3737.82 to 3737.86 of the Revised Code, regardless 1833
of whether or not the rule is included in the state fire code.1834

       (B) The fire marshal shall adopt rules in accordance with 1835
Chapter 119. of the Revised Code. In adopting rules, the fire 1836
marshal shall consider and make appropriate findings with respect 1837
to the degree and nature of the risk of injury that the rule is 1838
designed to prevent or reduce, the approximate number of products 1839
or types or classes of products subject to the rule, the public 1840
need for the products involved, the probable effect of the rule on 1841
the utility, cost, or availability of such product, and any means 1842
of achieving the objective of the rule that will minimize adverse 1843
effects on competition or disruption or dislocation of 1844
manufacturing and other commercial practices. The minimum 1845
standards embodied in the rules shall be published in such a 1846
manner as to assure that all interested parties have a reasonable 1847
opportunity to be informed of the standards so established.1848

       (C) The fire marshal shall file a copy of the full text of 1849
any proposed rule with the chairmanchairperson of the state fire 1850
commissioncouncil. The fire marshal shall not adopt the proposed 1851
rule until the commissioncouncil has filed in the office of the 1852
fire marshal recommendations for revisions in the proposed rule or 1853
until a period of sixty days has elapsed since the proposed rule 1854
was filed with the chairmanchairperson of the commissioncouncil, 1855
whichever occurs first. The fire marshal shall consider any 1856
recommendations made by the commissioncouncil before adopting the 1857
proposed rule, but may accept, reject, or modify the 1858
recommendations.1859

       Sec. 3737.88.  (A)(1) The fire marshal shall have 1860
responsibility for implementation of the underground storage tank 1861
program and corrective action program for releases from 1862
underground petroleum storage tanks established by the "Resource 1863
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A. 1864
6901, as amended. To implement the program, the fire marshal may 1865
adopt, amend, and rescind such rules, conduct such inspections, 1866
require annual registration of underground storage tanks, issue 1867
such citations and orders to enforce those rules, enter into 1868
environmental covenants in accordance with sections 5301.80 to 1869
5301.92 of the Revised Code, and perform such other duties, as are 1870
consistent with those programs. The fire marshal, by rule, may 1871
delegate the authority to conduct inspections of underground 1872
storage tanks to certified fire safety inspectors.1873

       (2) In the place of any rules regarding release containment 1874
and release detection for underground storage tanks adopted under 1875
division (A)(1) of this section, the fire marshal, by rule, shall 1876
designate areas as being sensitive for the protection of human 1877
health and the environment and adopt alternative rules regarding 1878
release containment and release detection methods for new and 1879
upgraded underground storage tank systems located in those areas. 1880
In designating such areas, the fire marshal shall take into 1881
consideration such factors as soil conditions, hydrogeology, water 1882
use, and the location of public and private water supplies. Not 1883
later than July 11, 1990, the fire marshal shall file the rules 1884
required under this division with the secretary of state, director 1885
of the legislative service commission, and joint committee on 1886
agency rule review in accordance with divisions (B) and (H) of 1887
section 119.03 of the Revised Code.1888

       (B) Before adopting any rule under this section or section 1889
3737.881 or 3737.882 of the Revised Code, the fire marshal shall 1890
file written notice of the proposed rule with the chairperson of 1891
the state fire commissioncouncil, and, within sixty days after 1892
notice is filed, the commissioncouncil may file responses to or 1893
comments on and may recommend alternative or supplementary rules 1894
to the fire marshal. At the end of the sixty-day period or upon 1895
the filing of responses, comments, or recommendations by the 1896
commissioncouncil, the fire marshal may adopt the rule filed with 1897
the commissioncouncil or any alternative or supplementary rule 1898
recommended by the commissioncouncil.1899

       (C) The state fire commissioncouncil may recommend courses 1900
of action to be taken by the fire marshal in carrying out the fire 1901
marshal's duties under this section. The commissioncouncil shall 1902
file its recommendations in the office of the fire marshal, and, 1903
within sixty days after the recommendations are filed, the fire 1904
marshal shall file with the chairperson of the commissioncouncil1905
comments on, and proposed action in response to, the 1906
recommendations.1907

       (D) For the purpose of sections 3737.87 to 3737.89 of the 1908
Revised Code, the fire marshal shall adopt, and may amend and 1909
rescind, rules identifying or listing hazardous substances. The 1910
rules shall be consistent with and equivalent in scope, coverage, 1911
and content to regulations identifying or listing hazardous 1912
substances adopted under the "Comprehensive Environmental 1913
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779, 1914
42 U.S.C.A. 9602, as amended, except that the fire marshal shall 1915
not identify or list as a hazardous substance any hazardous waste 1916
identified or listed in rules adopted under division (A) of 1917
section 3734.12 of the Revised Code.1918

       (E) Notwithstanding any provision of the laws of this state 1919
to the contrary, the fire marshal has exclusive jurisdiction to 1920
regulate the storage, treatment, and disposal of petroleum 1921
contaminated soil generated from corrective actions undertaken in 1922
response to releases of petroleum. The fire marshal may adopt, 1923
amend, or rescind such rules as the fire marshal considers to be 1924
necessary or appropriate to regulate the storage, treatment, or 1925
disposal of petroleum contaminated soil so generated.1926

       (F) The fire marshal shall adopt, amend, and rescind rules 1927
under sections 3737.88 to 3737.882 of the Revised Code in 1928
accordance with Chapter 119. of the Revised Code.1929

       Sec. 3743.54.  (A) A licensed exhibitor of fireworks may 1930
acquire fireworks for use at a public fireworks exhibition only 1931
from a licensed manufacturer of fireworks or licensed wholesaler 1932
of fireworks, and only in accordance with the procedures specified 1933
in this section and section 3743.55 of the Revised Code. 1934

       (B)(1) A licensed exhibitor of fireworks who wishes to 1935
conduct a public fireworks exhibition shall apply for approval to 1936
conduct the exhibition to whichever of the following persons is 1937
appropriate under the circumstances:1938

       (a) Unless division (B)(1)(c) or (d) of this section applies, 1939
if the exhibition will take place in a municipal corporation, the 1940
approval shall be obtained from the fire chief, and from the 1941
police chief or other similar chief law enforcement officer, or 1942
the designee of the police chief or similar chief law enforcement 1943
officer, of the particular municipal corporation.1944

       (b) Unless division (B)(1)(c) or (d) of this section applies, 1945
if the exhibition will take place in an unincorporated area, the 1946
approval shall be obtained from the fire chief of the particular 1947
township or township fire district, and from the police chief or 1948
other similar chief law enforcement officer, or the designee of 1949
the police chief or similar chief law enforcement officer, of the 1950
particular township or township police district.1951

       (c) If fire protection services for the premises on which the 1952
exhibition will take place are provided in accordance with a 1953
contract between political subdivisions, the approval shall be 1954
obtained from the fire chief of the political subdivision 1955
providing the fire protection services and from the police chief 1956
or other similar chief law enforcement officer, or the designee of 1957
the police chief or similar chief law enforcement officer, of the 1958
political subdivision in which the premises on which the 1959
exhibition will take place are located. If police services for the 1960
premises on which the exhibition will take place are provided in 1961
accordance with a contract between political subdivisions, the 1962
approval shall be obtained from the police chief or other similar 1963
chief law enforcement officer, or the designee of the police chief 1964
or similar chief law enforcement officer, of the political 1965
subdivision providing the police services and from the fire chief 1966
of the political subdivision in which the premises on which the 1967
exhibition will take place are located. If both fire and police 1968
protection services for the premises on which the exhibition will 1969
take place are provided in accordance with a contract between 1970
political subdivisions, the approval shall be obtained from the 1971
fire chief, and from the police chief or other similar chief law 1972
enforcement officer, or the designee of the police chief or 1973
similar chief law enforcement officer, of the political 1974
subdivisions providing the police and fire protection services.1975

       (d) If there is no municipal corporation, township, or 1976
township fire district fire department, no municipal corporation, 1977
township, or township police district police department, and no 1978
contract for police or fire protection services between political 1979
subdivisions covering the premises on which the exhibition will 1980
take place, the approval shall be obtained from the fire 1981
prevention officer, and from the police chief or other similar 1982
chief law enforcement officer, or the designee of the police chief 1983
or other similar chief law enforcement officer, having 1984
jurisdiction over the premises.1985

       (2) The approval required by division (B)(1) of this section 1986
shall be evidenced by the fire chief or fire prevention officer 1987
and by the police chief or other similar chief law enforcement 1988
officer, or the designee of the police chief or other similar 1989
chief law enforcement officer, signing a permit for the 1990
exhibition. The fire marshal shall prescribe the form of 1991
exhibition permits and distribute copies of the form to fire 1992
chiefs, to fire prevention officers, and to police chiefs or other 1993
similar chief law enforcement officers of municipal corporations, 1994
townships, or township police districts, or their designees, in 1995
this state. Any exhibitor of fireworks who wishes to conduct a 1996
public fireworks exhibition may obtain a copy of the form from the 1997
fire marshal or, if it is available, from a fire chief, a fire 1998
prevention officer, a police chief or other similar chief law 1999
enforcement officer of a municipal corporation, township, or 2000
township police district, or a designee of such a police chief or 2001
other similar chief law enforcement officer.2002

       (C) Before a permit is signed and issued to a licensed 2003
exhibitor of fireworks, the fire chief or fire prevention officer, 2004
in consultation with the police chief or other similar chief law 2005
enforcement officer or with the designee of the police chief or 2006
other similar chief law enforcement officer, shall inspect the 2007
premises on which the exhibition will take place and shall 2008
determine that, in fact, the applicant for the permit is a 2009
licensed exhibitor of fireworks. Each applicant shall show the 2010
applicant's license as an exhibitor of fireworks to the fire chief 2011
or fire prevention officer.2012

       The fire chief or fire prevention officer, and the police 2013
chief or other similar chief law enforcement officer, or the 2014
designee of the police chief or other similar chief law 2015
enforcement officer, shall give approval to conduct a public 2016
fireworks exhibition only if satisfied, based on the inspection, 2017
that the premises on which the exhibition will be conducted allow 2018
the exhibitor to comply with the rules adopted by the fire marshal 2019
pursuant to divisions (B) and (E) of section 3743.53 of the 2020
Revised Code and that the applicant is, in fact, a licensed 2021
exhibitor of fireworks. The fire chief or fire prevention officer, 2022
in consultation with the police chief or other similar chief law 2023
enforcement officer or with the designee of the police chief or 2024
other similar chief law enforcement officer, may inspect the 2025
premises immediately prior to the exhibition to determine if the 2026
exhibitor has complied with the rules, and may revoke a permit for 2027
noncompliance with the rules.2028

       (D) If the legislative authorities of their political 2029
subdivisions have prescribed a fee for the issuance of a permit 2030
for a public fireworks exhibition, fire chiefs or fire prevention 2031
officers, and police chiefs, other similar chief law enforcement 2032
officers, or their designee, shall not issue a permit until the 2033
exhibitor pays the requisite fee.2034

       Each exhibitor shall provide an indemnity bond in the amount 2035
of at least one million dollars, with surety satisfactory to the 2036
fire chief or fire prevention officer and to the police chief or 2037
other similar chief law enforcement officer, or the designee of 2038
the police chief or other similar chief law enforcement officer, 2039
conditioned for the payment of all final judgments that may be 2040
rendered against the exhibitor on account of injury, death, or 2041
loss to persons or property emanating from the fireworks 2042
exhibition, or proof of insurance coverage of at least one million 2043
dollars for liability arising from injury, death, or loss to 2044
persons or property emanating from the fireworks exhibition. The 2045
legislative authority of a political subdivision in which a public 2046
fireworks exhibition will take place may require the exhibitor to 2047
provide an indemnity bond or proof of insurance coverage in 2048
amounts greater than those required by this division. Fire chiefs 2049
or fire prevention officers, and police chiefs, other similar 2050
chief law enforcement officers, or their designee, shall not issue 2051
a permit until the exhibitor provides the bond or proof of the 2052
insurance coverage required by this division or by the political 2053
subdivision in which the fireworks exhibition will take place.2054

       (E)(1) Each permit for a fireworks exhibition issued by a 2055
fire chief or fire prevention officer, and by the police chief or 2056
other similar chief law enforcement officer, or the designee of 2057
the police chief or other similar chief law enforcement officer, 2058
shall contain a distinct number, designate the municipal 2059
corporation, township, or township fire or police district of the 2060
fire chief, fire prevention officer, police chief or other similar 2061
chief law enforcement officer, or designee of the police chief or 2062
other similar chief law enforcement officer, and identify the 2063
certified fire safety inspector, fire chief, or fire prevention 2064
officer who will be present before, during, and after the 2065
exhibition, where appropriate. A copy of each permit issued shall 2066
be forwarded by the fire chief or fire prevention officer, and by 2067
the police chief or other similar chief law enforcement officer, 2068
or the designee of the police chief or other similar chief law 2069
enforcement officer, issuing it to the fire marshal, who shall 2070
keep a record of the permits received. A permit is not 2071
transferable or assignable.2072

       (2) Each fire chief, fire prevention officer, police chief or 2073
other similar chief law enforcement officer, and designee of a 2074
police chief or other similar chief law enforcement officer shall 2075
keep a record of issued permits for fireworks exhibitions. In this 2076
list, the fire chief, fire prevention officer, police chief or 2077
other similar chief law enforcement officer, and designee of a 2078
police chief or other similar chief law enforcement officer shall 2079
list the name of the exhibitor, the exhibitor's license number, 2080
the premises on which the exhibition will be conducted, the date 2081
and time of the exhibition, and the number and political 2082
subdivision designation of the permit issued to the exhibitor for 2083
the exhibition.2084

       (F) The governing authority having jurisdiction in the 2085
location where an exhibition is to take place shall require that a 2086
certified fire safety inspector, fire chief, or fire prevention 2087
officer be present before, during, and after the exhibition, and 2088
shall require the certified fire safety inspector, fire chief, or 2089
fire prevention officer to inspect the premises where the 2090
exhibition is to take place and determine whether the exhibition 2091
is in compliance with this chapter.2092

       (G) Notwithstanding any provision of the Revised Code to the 2093
contrary, the state fire marshal is hereby authorized to create 2094
additional license categories for fireworks exhibitors and to 2095
create additional permit requirements for fireworks exhibitions 2096
for the indoor use of fireworks and other uses of pyrotechnics, 2097
including the use of pyrotechnic materials that do not meet the 2098
definition of fireworks as described in section 3743.01 of the 2099
Revised Code. Such licenses and permits and the fees for such 2100
licenses and permits shall be described in rules adopted by the 2101
fire marshal under Chapter 119. of the Revised Code. Such rules 2102
may provide for different standards for exhibitor licensure and 2103
the permitting and conducting of a fireworks exhibition than the 2104
requirements of this chapter.2105

       Prior to the state fire marshal's adoption of the rules 2106
described in this division, the director of commerce shall appoint 2107
a committee consisting of the state fire marshal or the marshal's 2108
designee, three representatives of the fireworks industry, and 2109
three representatives of the fire service to assist the state fire 2110
marshal in adopting these rules. Unless an extension is granted by 2111
the director of commerce, the state fire marshal shall adopt 2112
initial rules under this section not later than July 1, 2010.2113

       Sec. 3746.04.  Within one year after September 28, 1994, the 2114
director of environmental protection, in accordance with Chapter 2115
119. of the Revised Code and with the advice of the 2116
multidisciplinary council appointed under section 3746.03 of the 2117
Revised Code, shall adopt, and subsequently may amend, suspend, or 2118
rescind, rules that do both of the following:2119

       (A) Revise the rules adopted under Chapters 3704., 3714., 2120
3734., 6109., and 6111. of the Revised Code to incorporate the 2121
provisions necessary to conform those rules to the requirements of 2122
this chapter. The amended rules adopted under this division also 2123
shall establish response times for all submittals to the 2124
environmental protection agency required under this chapter or 2125
rules adopted under it.2126

       (B) Establish requirements and procedures that are reasonably 2127
necessary for the implementation and administration of this 2128
chapter, including, without limitation, all of the following:2129

       (1) Appropriate generic numerical clean-up standards for the 2130
treatment or removal of soils, sediments, and water media for 2131
hazardous substances and petroleum. The rules shall establish 2132
separate generic numerical clean-up standards based upon the 2133
intended use of properties after the completion of voluntary 2134
actions, including industrial, commercial, and residential uses 2135
and such other categories of land use as the director considers to 2136
be appropriate. The generic numerical clean-up standards 2137
established for each category of land use shall be the 2138
concentration of each contaminant that may be present on a 2139
property that shall ensure protection of public health and safety 2140
and the environment for the reasonable exposure for that category 2141
of land use. When developing the standards, the director shall 2142
consider such factors as all of the following:2143

       (a) Scientific information, including, without limitation, 2144
toxicological information and realistic assumptions regarding 2145
human and environmental exposure to hazardous substances or 2146
petroleum;2147

       (b) Climatic factors;2148

       (c) Human activity patterns;2149

       (d) Current statistical techniques;2150

       (e) For petroleum at industrial property, alternatives to the 2151
use of total petroleum hydrocarbons.2152

       The generic numerical clean-up standards established in the 2153
rules adopted under division (B)(1) of this section shall be 2154
consistent with and equivalent in scope, content, and coverage to 2155
any applicable standard established by federal environmental laws 2156
and regulations adopted under them, including, without limitation, 2157
the "Federal Water Pollution Control Act Amendments of 1972," 86 2158
Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource 2159
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 2160
6921, as amended; the "Toxic Substances Control Act," 90 Stat. 2161
2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive 2162
Environmental Response, Compensation, and Liability Act of 1980," 2163
94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe 2164
Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as 2165
amended.2166

       In order for the rules adopted under division (B)(1) of this 2167
section to require that any such federal environmental standard 2168
apply to a property, the property shall meet the requirements of 2169
the particular federal statute or regulation involved in the 2170
manner specified by the statute or regulation.2171

       The generic numerical clean-up standards for petroleum at 2172
commercial or residential property shall be the standards 2173
established in rules adopted under division (B) of section 2174
3737.882 of the Revised Code.2175

       (2)(a) Procedures for performing property-specific risk 2176
assessments that would be performed at a property to demonstrate 2177
that the remedy evaluated in a risk assessment results in 2178
protection of public health and safety and the environment instead 2179
of complying with the generic numerical clean-up standards 2180
established in the rules adopted under division (B)(1) of this 2181
section. The risk assessment procedures shall describe a 2182
methodology to establish, on a property-specific basis, allowable 2183
levels of contamination to remain at a property to ensure 2184
protection of public health and safety and the environment on the 2185
property and off the property when the contamination is emanating 2186
off the property, taking into account all of the following:2187

       (i) The implementation of treatment, storage, or disposal, or 2188
a combination thereof, of hazardous substances or petroleum;2189

       (ii) The existence of institutional controls or activity and 2190
use limitations that eliminate or mitigate exposure to hazardous 2191
substances or petroleum through the restriction of access to 2192
hazardous substances or petroleum;2193

       (iii) The existence of engineering controls that eliminate or 2194
mitigate exposure to hazardous substances or petroleum through 2195
containment of, control of, or restrictions of access to hazardous 2196
substances or petroleum, including, without limitation, fences, 2197
cap systems, cover systems, and landscaping.2198

       (b) The risk assessment procedures and levels of acceptable 2199
risk set forth in the rules adopted under division (B)(2) of this 2200
section shall be based upon all of the following:2201

       (i) Scientific information, including, without limitation, 2202
toxicological information and actual or proposed human and 2203
environmental exposure;2204

       (ii) Locational and climatic factors;2205

       (iii) Surrounding land use and human activities;2206

       (iv) Differing levels of remediation that may be required 2207
when an existing land use is continued compared to when a 2208
different land use follows the remediation.2209

       (c) Any standards established pursuant to rules adopted under 2210
division (B)(2) of this section shall be no more stringent than 2211
standards established under the environmental statutes of this 2212
state and rules adopted under them for the same contaminant in the 2213
same environmental medium that are in effect at the time the risk 2214
assessment is conducted.2215

       (3) Minimum standards for phase I property assessments. The 2216
standards shall specify the information needed to demonstrate that 2217
there is no reason to believe that contamination exists on a 2218
property. The rules adopted under division (B)(3) of this section, 2219
at a minimum, shall require that a phase I property assessment 2220
include all of the following:2221

       (a) A review and analysis of deeds, mortgages, easements of 2222
record, and similar documents relating to the chain of title to 2223
the property that are publicly available or that are known to and 2224
reasonably available to the owner or operator;2225

       (b) A review and analysis of any previous environmental 2226
assessments, property assessments, environmental studies, or 2227
geologic studies of the property and any land within two thousand 2228
feet of the boundaries of the property that are publicly available 2229
or that are known to and reasonably available to the owner or 2230
operator;2231

       (c) A review of current and past environmental compliance 2232
histories of persons who owned or operated the property;2233

       (d) A review of aerial photographs of the property that 2234
indicate prior uses of the property;2235

       (e) Interviews with managers of activities conducted at the 2236
property who have knowledge of environmental conditions at the 2237
property;2238

       (f) Conducting an inspection of the property consisting of a 2239
walkover;2240

       (g) Identifying the current and past uses of the property, 2241
adjoining tracts of land, and the area surrounding the property, 2242
including, without limitation, interviews with persons who reside 2243
or have resided, or who are or were employed, within the area 2244
surrounding the property regarding the current and past uses of 2245
the property and adjacent tracts of land.2246

       The rules adopted under division (B)(3) of this section shall 2247
establish criteria to determine when a phase II property 2248
assessment shall be conducted when a phase I property assessment 2249
reveals facts that establish a reason to believe that hazardous 2250
substances or petroleum have been treated, stored, managed, or 2251
disposed of on the property if the person undertaking the phase I 2252
property assessment wishes to obtain a covenant not to sue under 2253
section 3746.12 of the Revised Code.2254

       (4) Minimum standards for phase II property assessments. The 2255
standards shall specify the information needed to demonstrate that 2256
any contamination present at the property does not exceed 2257
applicable standards or that the remedial activities conducted at 2258
the property have achieved compliance with applicable standards. 2259
The rules adopted under division (B)(4) of this section, at a 2260
minimum, shall require that a phase II property assessment include 2261
all of the following:2262

       (a) A review and analysis of all documentation prepared in 2263
connection with a phase I property assessment conducted within the 2264
one hundred eighty days before the phase II property assessment 2265
begins. The rules adopted under division (B)(4)(a) of this section 2266
shall require that if a period of more than one hundred eighty 2267
days has passed between the time that the phase I assessment of 2268
the property was completed and the phase II assessment begins, the 2269
phase II assessment shall include a reasonable inquiry into the 2270
change in the environmental condition of the property during the 2271
intervening period.2272

       (b) Quality assurance objectives for measurements taken in 2273
connection with a phase II assessment;2274

       (c) Sampling procedures to ensure the representative sampling 2275
of potentially contaminated environmental media;2276

       (d) Quality assurance and quality control requirements for 2277
samples collected in connection with phase II assessments;2278

       (e) Analytical and data assessment procedures;2279

       (f) Data objectives to ensure that samples collected in 2280
connection with phase II assessments are biased toward areas where 2281
information indicates that contamination by hazardous substances 2282
or petroleum is likely to exist.2283

       (5) Standards governing the conduct of certified 2284
professionals, criteria and procedures for the certification of 2285
professionals to issue no further action letters under section 2286
3746.11 of the Revised Code, and criteria for the suspension and 2287
revocation of those certifications. The director shall take an 2288
action regarding a certification as a final action. The issuance, 2289
denial, renewal, suspension, and revocation of those 2290
certifications are subject to Chapter 3745. of the Revised Code, 2291
except that, in lieu of publishing an action regarding a 2292
certification in a newspaper of general circulation as required in 2293
section 3745.07 of the Revised Code, such an action shall be 2294
published on the environmental protection agency's web site and in 2295
the agency's weekly review not later than fifteen days after the 2296
date of the issuance, denial, renewal, suspension, or revocation 2297
of the certification and not later than thirty days before a 2298
hearing or public meeting concerning the action.2299

       The rules adopted under division (B)(5) of this section shall 2300
do all of the following:2301

       (a) Provide for the certification of environmental 2302
professionals to issue no further action letters pertaining to 2303
investigations and remedies in accordance with the criteria and 2304
procedures set forth in the rules. The rules adopted under 2305
division (B)(5)(a) of this section shall do at least all of the 2306
following:2307

       (i) Authorize the director to consider such factors as an 2308
environmental professional's previous performance record regarding 2309
such investigations and remedies and the environmental 2310
professional's environmental compliance history when determining 2311
whether to certify the environmental professional;2312

       (ii) Ensure that an application for certification is reviewed 2313
in a timely manner;2314

       (iii) Require the director to certify any environmental 2315
professional who the director determines complies with those 2316
criteria;2317

       (iv) Require the director to deny certification for any 2318
environmental professional who does not comply with those 2319
criteria.2320

       (b) Establish an annual fee to be paid by environmental 2321
professionals certified pursuant to the rules adopted under 2322
division (B)(5)(a) of this section. The fee shall be established 2323
at an amount calculated to defray the costs to the agency for the 2324
required reviews of the qualifications of environmental 2325
professionals for certification and for the issuance of the 2326
certifications.2327

       (c) Develop a schedule for and establish requirements 2328
governing the review by the director of the credentials of 2329
environmental professionals who were deemed to be certified 2330
professionals under division (D) of section 3746.07 of the Revised 2331
Code in order to determine if they comply with the criteria 2332
established in rules adopted under division (B)(5) of this 2333
section. The rules adopted under division (B)(5)(c) of this 2334
section shall do at least all of the following:2335

       (i) Ensure that the review is conducted in a timely fashion;2336

       (ii) Require the director to certify any such environmental 2337
professional who the director determines complies with those 2338
criteria;2339

       (iii) Require any such environmental professional initially 2340
to pay the fee established in the rules adopted under division 2341
(B)(5)(b) of this section at the time that the environmental 2342
professional is so certified by the director;2343

       (iv) Establish a time period within which any such 2344
environmental professional who does not comply with those criteria 2345
may obtain the credentials that are necessary for certification;2346

       (v) Require the director to deny certification for any such 2347
environmental professional who does not comply with those criteria 2348
and who fails to obtain the necessary credentials within the 2349
established time period.2350

       (d) Require that any information submitted to the director 2351
for the purposes of the rules adopted under division (B)(5)(a) or 2352
(c) of this section comply with division (A) of section 3746.20 of 2353
the Revised Code;2354

       (e) Authorize the director to suspend or revoke the 2355
certification of an environmental professional if the director 2356
finds that the environmental professional's performance has 2357
resulted in the issuance of no further action letters under 2358
section 3746.11 of the Revised Code that are not consistent with 2359
applicable standards or finds that the certified environmental 2360
professional has not substantially complied with section 3746.31 2361
of the Revised Code;2362

       (f) Authorize the director to suspend for a period of not 2363
more than five years or to permanently revoke a certified 2364
environmental professional's certification for any violation of or 2365
failure to comply with an ethical standard established in rules 2366
adopted under division (B)(5) of this section;2367

       (g) Require the director to revoke the certification of an 2368
environmental professional if the director finds that the 2369
environmental professional falsified any information on the 2370
environmental professional's application for certification 2371
regarding the environmental professional's credentials or 2372
qualifications or any other information generated for the purposes 2373
of or use under this chapter or rules adopted under it;2374

       (h) Require the director permanently to revoke the 2375
certification of an environmental professional who has violated or 2376
is violating division (A) of section 3746.18 of the Revised Code;2377

       (i) Preclude the director from revoking the certification of 2378
an environmental professional who only conducts investigations and 2379
remedies at property contaminated solely with petroleum unless the 2380
director first consults with the director of commerce.2381

       (6) Criteria and procedures for the certification of 2382
laboratories to perform analyses under this chapter and rules 2383
adopted under it. The issuance, denial, suspension, and revocation 2384
of those certifications are subject to Chapter 3745. of the 2385
Revised Code, and the director of environmental protection shall 2386
take any such action regarding a certification as a final action.2387

       The rules adopted under division (B)(6) of this section shall 2388
do all of the following:2389

       (a) Provide for the certification to perform analyses of 2390
laboratories in accordance with the criteria and procedures 2391
established in the rules adopted under division (B)(6)(a) of this 2392
section and establish an annual fee to be paid by those 2393
laboratories. The fee shall be established at an amount calculated 2394
to defray the costs to the agency for the review of the 2395
qualifications of those laboratories for certification and for the 2396
issuance of the certifications. The rules adopted under division 2397
(B)(6)(a) of this section may provide for the certification of 2398
those laboratories to perform only particular types or categories 2399
of analyses, specific test parameters or group of test parameters, 2400
or a specific matrix or matrices under this chapter.2401

       (b) Develop a schedule for and establish requirements 2402
governing the review by the director of the operations of 2403
laboratories that were deemed to be certified laboratories under 2404
division (E) of section 3746.07 of the Revised Code in order to 2405
determine if they comply with the criteria established in rules 2406
adopted under division (B)(6) of this section. The rules adopted 2407
under division (B)(6)(b) of this section shall do at least all of 2408
the following:2409

       (i) Ensure that the review is conducted in a timely fashion;2410

       (ii) Require the director to certify any such laboratory that 2411
the director determines complies with those criteria;2412

       (iii) Require any such laboratory initially to pay the fee 2413
established in the rules adopted under division (B)(6)(a) of this 2414
section at the time that the laboratory is so certified by the 2415
director;2416

       (iv) Establish a time period within which any such laboratory 2417
that does not comply with those criteria may make changes in its 2418
operations necessary for the performance of analyses under this 2419
chapter and rules adopted under it in order to be certified by the 2420
director;2421

       (v) Require the director to deny certification for any such 2422
laboratory that does not comply with those criteria and that fails 2423
to make the necessary changes in its operations within the 2424
established time period.2425

       (c) Require that any information submitted to the director 2426
for the purposes of the rules adopted under division (B)(6)(a) or 2427
(b) of this section comply with division (A) of section 3746.20 of 2428
the Revised Code;2429

       (d) Authorize the director to suspend or revoke the 2430
certification of a laboratory if the director finds that the 2431
laboratory's performance has resulted in the issuance of no 2432
further action letters under section 3746.11 of the Revised Code 2433
that are not consistent with applicable standards;2434

       (e) Authorize the director to suspend or revoke the 2435
certification of a laboratory if the director finds that the 2436
laboratory falsified any information on its application for 2437
certification regarding its credentials or qualifications;2438

       (f) Require the director permanently to revoke the 2439
certification of a laboratory that has violated or is violating 2440
division (A) of section 3746.18 of the Revised Code.2441

       (7) Information to be included in a no further action letter 2442
prepared under section 3746.11 of the Revised Code, including, 2443
without limitation, all of the following:2444

       (a) A summary of the information required to be submitted to 2445
the certified environmental professional preparing the no further 2446
action letter under division (C) of section 3746.10 of the Revised 2447
Code;2448

       (b) Notification that a risk assessment was performed in 2449
accordance with rules adopted under division (B)(2) of this 2450
section if such an assessment was used in lieu of generic 2451
numerical clean-up standards established in rules adopted under 2452
division (B)(1) of this section;2453

       (c) The contaminants addressed at the property, if any, their 2454
source, if known, and their levels prior to remediation;2455

       (d) The identity of any other person who performed work to 2456
support the request for the no further action letter as provided 2457
in division (B)(2) of section 3746.10 of the Revised Code and the 2458
nature and scope of the work performed by that person;2459

       (e) A list of the data, information, records, and documents 2460
relied upon by the certified environmental professional in 2461
preparing the no further action letter.2462

       (8) Methods for determining fees to be paid for the following 2463
services provided by the agency under this chapter and rules 2464
adopted under it:2465

       (a) Site- or property-specific technical assistance in 2466
developing or implementing plans in connection with a voluntary 2467
action;2468

       (b) Reviewing applications for and issuing consolidated 2469
standards permits under section 3746.15 of the Revised Code and 2470
monitoring compliance with those permits;2471

       (c) Negotiating, preparing, and entering into agreements 2472
necessary for the implementation and administration of this 2473
chapter and rules adopted under it;2474

       (d) Reviewing no further action letters, issuing covenants 2475
not to sue, and monitoring compliance with any terms and 2476
conditions of those covenants and with operation and maintenance 2477
agreements entered into pursuant to those covenants, including, 2478
without limitation, conducting audits of properties where 2479
voluntary actions are being or were conducted under this chapter 2480
and rules adopted under it.2481

       The fees established pursuant to the rules adopted under 2482
division (B)(8) of this section shall be at a level sufficient to 2483
defray the direct and indirect costs incurred by the agency for 2484
the administration and enforcement of this chapter and rules 2485
adopted under it other than the provisions regarding the 2486
certification of professionals and laboratories.2487

       (9) Criteria for selecting the no further action letters 2488
issued under section 3746.11 of the Revised Code that will be 2489
audited under section 3746.17 of the Revised Code, and the scope 2490
and procedures for conducting those audits. The rules adopted 2491
under division (B)(9) of this section, at a minimum, shall require 2492
the director to establish priorities for auditing no further 2493
action letters to which any of the following applies:2494

       (a) The letter was prepared by an environmental professional 2495
who was deemed to be a certified professional under division (D) 2496
of section 3746.07 of the Revised Code, but who does not comply 2497
with the criteria established in rules adopted under division 2498
(B)(5) of this section as determined pursuant to rules adopted 2499
under division (B)(5)(d) of this section;2500

       (b) The letter was submitted fraudulently;2501

       (c) The letter was prepared by a certified environmental 2502
professional whose certification subsequently was revoked in 2503
accordance with rules adopted under division (B)(5) of this 2504
section, or analyses were performed for the purposes of the no 2505
further action letter by a certified laboratory whose 2506
certification subsequently was revoked in accordance with rules 2507
adopted under division (B)(6) of this section;2508

       (d) A covenant not to sue that was issued pursuant to the 2509
letter was revoked under this chapter;2510

       (e) The letter was for a voluntary action that was conducted 2511
pursuant to a risk assessment in accordance with rules adopted 2512
under division (B)(2) of this section;2513

       (f) The letter was for a voluntary action that included as 2514
remedial activities engineering controls or institutional controls 2515
or activity and use limitations authorized under section 3746.05 2516
of the Revised Code.2517

       The rules adopted under division (B)(9) of this section shall 2518
provide for random audits of no further action letters to which 2519
the rules adopted under divisions (B)(9)(a) to (f) of this section 2520
do not apply.2521

       (10) A classification system to characterize ground water 2522
according to its capability to be used for human use and its 2523
impact on the environment and a methodology that shall be used to 2524
determine when ground water that has become contaminated from 2525
sources on a property for which a covenant not to sue is requested 2526
under section 3746.11 of the Revised Code shall be remediated to 2527
the standards established in the rules adopted under division 2528
(B)(1) or (2) of this section.2529

       (a) In adopting rules under division (B)(10) of this section 2530
to characterize ground water according to its capability for human 2531
use, the director shall consider all of the following:2532

       (i) The presence of legally enforceable, reliable 2533
restrictions on the use of ground water, including, without 2534
limitation, local rules or ordinances;2535

       (ii) The presence of regional commingled contamination from 2536
multiple sources that diminishes the quality of ground water;2537

       (iii) The natural quality of ground water;2538

       (iv) Regional availability of ground water and reasonable 2539
alternative sources of drinking water;2540

       (v) The productivity of the aquifer;2541

       (vi) The presence of restrictions on the use of ground water 2542
implemented under this chapter and rules adopted under it;2543

       (vii) The existing use of ground water.2544

       (b) In adopting rules under division (B)(10) of this section 2545
to characterize ground water according to its impacts on the 2546
environment, the director shall consider both of the following:2547

       (i) The risks posed to humans, fauna, surface water, 2548
sediments, soil, air, and other resources by the continuing 2549
presence of contaminated ground water;2550

       (ii) The availability and feasibility of technology to remedy 2551
ground water contamination.2552

       (11) Governing the application for and issuance of variances 2553
under section 3746.09 of the Revised Code;2554

       (12)(a) In the case of voluntary actions involving 2555
contaminated ground water, specifying the circumstances under 2556
which the generic numerical clean-up standards established in 2557
rules adopted under division (B)(1) of this section and standards 2558
established through a risk assessment conducted pursuant to rules 2559
adopted under division (B)(2) of this section shall be 2560
inapplicable to the remediation of contaminated ground water and 2561
under which the standards for remediating contaminated ground 2562
water shall be established on a case-by-case basis prior to the 2563
commencement of the voluntary action pursuant to rules adopted 2564
under division (B)(12)(b) of this section;2565

       (b) Criteria and procedures for the case-by-case 2566
establishment of standards for the remediation of contaminated 2567
ground water under circumstances in which the use of the generic 2568
numerical clean-up standards and standards established through a 2569
risk assessment are precluded by the rules adopted under division 2570
(B)(12)(a) of this section. The rules governing the procedures for 2571
the case-by-case development of standards for the remediation of 2572
contaminated ground water shall establish application, public 2573
participation, adjudication, and appeals requirements and 2574
procedures that are equivalent to the requirements and procedures 2575
established in section 3746.09 of the Revised Code and rules 2576
adopted under division (B)(11) of this section, except that the 2577
procedural rules shall not require an applicant to make the 2578
demonstrations set forth in divisions (A)(1) to (3) of section 2579
3746.09 of the Revised Code.2580

       (13) A definition of the evidence that constitutes sufficient 2581
evidence for the purpose of division (A)(5) of section 3746.02 of 2582
the Revised Code.2583

       At least thirty days before filing the proposed rules 2584
required to be adopted under this section with the secretary of 2585
state, director of the legislative service commission, and joint 2586
committee on agency rule review in accordance with divisions (B) 2587
and (H) of section 119.03 of the Revised Code, the director of 2588
environmental protection shall hold at least one public meeting on 2589
the proposed rules in each of the five districts into which the 2590
agency has divided the state for administrative purposes.2591

       Sec. 3769.083.  (A) As used in this section:2592

       (1) An "accredited Ohio thoroughbred horse" means a horse 2593
conceived in this state and born in this state which is both of 2594
the following:2595

       (a) Born of a mare that is domiciled in this state at the 2596
time of the horse's conception, that remains continuously in the 2597
state through the date on which the horse is born, and that is 2598
registered as required by the rules of the state racing 2599
commission;2600

       (b) By a stallion that stands for breeding purposes only in 2601
this state in the year in which the horse is conceived, and that 2602
is registered as required by the rules of the commission.2603

       (2) An "Ohio foaled horse" means a horse registered as 2604
required by the rules of the state racing commission which is 2605
either of the following:2606

       (a) A horse born of a mare that enters this state before 2607
foaling and remains continuously in this state until the horse is 2608
born;2609

       (b) A thoroughbred foal produced within the state by any 2610
broodmare shipped into the state to foal and be bred to a 2611
registered Ohio stallion. To qualify this foal as an Ohio foaled 2612
horse, the broodmare shall remain in this state one year 2613
continuously after foaling or continuously through foaling to the 2614
cover of the Ohio stallion, whichever is sooner. All horses 2615
previously registered as Ohio conceived and foaled shall be 2616
considered as Ohio foaled horses effective January 1, 1976.2617

       Any thoroughbred mare may leave this state for periods of 2618
time for purposes of activities such as veterinary treatment or 2619
surgery, sales purposes, breeding purposes, racing purposes, and 2620
similar activities if permission is granted by the state racing 2621
commission and the mare is returned to this state immediately upon 2622
the conclusion of the requested activity.2623

       (3) "Horse," "stallion," "mare," or "foal" means a horse of 2624
the thoroughbred breed as distinguished from a horse of the 2625
standard breed or any other breed, and "race" means a race for 2626
thoroughbred horses conducted by a permit holder of the state 2627
racing commission.2628

       (4) "Horse" includes animals of all ages and of both sexes.2629

       (B) There is hereby created in the state treasury the Ohio 2630
thoroughbred race fund, to consist of moneys paid into it pursuant 2631
to sections 3769.08 and 3769.087 of the Revised Code. All 2632
investment earnings on the cash balances in the fund shall be 2633
credited to it. Moneys to the credit of the fund shall be 2634
distributed on order of the state racing commission. The 2635
commission, with the advice and assistance of the Ohio 2636
thoroughbred racing advisory committee, shall use the fund, except 2637
as provided in divisions (C)(2) and (3) and (D) of this section, 2638
to promote races and provide purses for races for horses in the 2639
following classes:2640

       (1) Accredited Ohio thoroughbred horses;2641

       (2) Ohio foaled horses.2642

       Not less than ten nor more than twenty-five per cent of the 2643
total money to be paid from the fund for all types of races shall 2644
be allocated to races restricted to accredited Ohio thoroughbred 2645
horses. The commission may combine the classes of horses described 2646
in divisions (B)(1) and (2) of this section in one race, except in 2647
stakes races.2648

       (C)(1) Each permit holder conducting thoroughbred races shall 2649
schedule races each week for horses in the classes named in 2650
division (B) of this section; the number of the races shall be 2651
prescribed by the state racing commission. The commission, 2652
pursuant to division (B) of this section, shall prescribe the 2653
class or classes of the races to be held by each permit holder 2654
and, with the advice of the Ohio thoroughbred racing advisory 2655
committee, shall fix the dates and conditions of the races and the 2656
amount of moneys to be paid from the Ohio thoroughbred race fund 2657
to be added in each race to the minimum purse established by the 2658
permit holder for the class of race held.2659

       (2) The commission, with the advice of the Ohio thoroughbred 2660
racing advisory committee, may provide for stakes races to be run 2661
each year, and fix the number of stakes races and the time, place, 2662
and conditions under which each shall be run. The commission shall 2663
fix the amount of moneys to be paid from the Ohio thoroughbred 2664
race fund to be added to the purse provided for each stakes race 2665
by the permit holder, except that, in at least four stakes races 2666
each year, the commission shall require, if four stakes races can 2667
be arranged, that the permit holder conducting the stakes race 2668
provide no less than fifteen thousand dollars for the purse for 2669
the stakes race, and the commission shall provide moneys from the 2670
fund to be added to the purse in an amount equal to or greater 2671
than the amount provided by the permit holder. The commission may 2672
require a nominating, sustaining, and entry fee not to exceed one 2673
per cent of the money added from the fund for each horse in any 2674
stakes race, which fee shall be added to the purse for the race.2675

       Stakes races where money is added from the Ohio thoroughbred 2676
race fund shall be open only to accredited Ohio thoroughbred 2677
horses and Ohio foaled horses. Twenty-five per cent of the total 2678
moneys to be paid from the fund for stakes races shall be 2679
allocated to races for only accredited Ohio thoroughbred horses. 2680
The commission may require a nominating, sustaining, and entry 2681
fee, not to exceed one per cent of the money added from the fund, 2682
for each horse in any of these stakes races. These fees shall be 2683
accumulated by the commission and shall be paid out by the 2684
commission at its discretion as part of the purse money for 2685
additional races.2686

       (3) The commission may pay from the Ohio thoroughbred race 2687
fund to the breeder of a horse of class (1) or (2) of division (B) 2688
of this section winning first, second, or third prize money of a 2689
purse for a thoroughbred race an amount not to exceed fifteen per 2690
cent of the first, second, or third prize money of the purse. For 2691
the purposes of this division, the term "breeder" shall be defined 2692
by rule of the commission.2693

       The commission also may provide for stallion owners' awards 2694
in an amount equal to not less than three nor more than ten per 2695
cent of the first, second, or third place share of the purse. The 2696
award shall be paid to the owner of the stallion, provided that 2697
the stallion was standing in this state as provided in division 2698
(A)(1)(b) of this section at the time the horse placing first, 2699
second, or third was conceived.2700

       (D) The state racing commission may provide for the 2701
expenditure of moneys from the Ohio thoroughbred race fund in an 2702
amount not to exceed in any one calendar year ten per cent of the 2703
total amount received in the account that year to provide for 2704
research projects directed toward improving the breeding, raising, 2705
racing, and health and soundness of thoroughbred horses in the 2706
state and toward education or promotion of the industry. Research 2707
for which the moneys from the fund may be used may include, but 2708
shall not be limited to, studies of pre-race blood testing, 2709
post-race testing, improvement of the breed, and nutrition.2710

       (E) The state racing commission shall appoint qualified 2711
personnel as may be required to supervise registration of horses 2712
under the terms of this section, to determine the eligibility of 2713
horses for accredited Ohio thoroughbred races, Ohio foaled races, 2714
and the stakes races authorized by division (C)(2) of this 2715
section, and to assist the Ohio thoroughbred racing advisory 2716
committee and the commission in determining the conditions, class, 2717
and quality of the race program to be established under this 2718
section so as to carry out the purposes of this section. The 2719
personnel shall serve at the pleasure of the commission, and 2720
compensation shall be fixed by the commission. The compensation of 2721
the personnel and necessary expenses shall be paid out of the Ohio 2722
thoroughbred race fund.2723

       The commission shall adopt rules as are necessary to carry 2724
out this section and shall administer the stakes race program and 2725
other races supported by the Ohio thoroughbred race fund in a 2726
manner best designed to aid in the development of the thoroughbred 2727
horse industry in the state, to upgrade the quality of horse 2728
racing in the state, and to improve the quality of horses 2729
conceived and foaled in the state.2730

       Sec. 3769.085. (A) There is hereby created in the state 2731
treasury the Ohio standardbred development fund, to consist of 2732
moneys paid into it pursuant to section 3769.08 of the Revised 2733
Code and any fees assessed for or on behalf of the Ohio sires 2734
stakes races. All fees so assessed shall be exempt from the 2735
requirements of divisions (D) and (M) of that section. All 2736
investment earnings on the cash balance in the fund shall be 2737
credited to the fund. Moneys to the credit of the fund shall be 2738
distributed on order of the state racing commission with the 2739
approval of the Ohio standardbred development commission.2740

       (B) The Ohio standardbred development commission shall 2741
consist of three members, all to be residents of this state 2742
knowledgeable in breeding and racing, to be appointed by the 2743
governor with the advice and consent of the senate. One member 2744
shall be a standardbred breeder, and one member shall be a 2745
standardbred owner. Of the initial appointments, one member shall 2746
be appointed for a term ending June 30, 1977, and two members 2747
shall be appointed for terms ending June 30, 1979. Thereafter, 2748
appointments for other than unexpired terms shall be for four 2749
years. Terms shall begin the first day of July and end the 2750
thirtieth day of June. Any member appointed to fill a vacancy 2751
occurring prior to the expiration of the term for which the 2752
member's predecessor was appointed shall hold office for the 2753
remainder of that term. Any member shall continue in office 2754
subsequent to the expiration date of the member's term until a 2755
successor takes office. Members shall receive no compensation, 2756
except that they shall be paid actual and necessary expenses from 2757
the Ohio standardbred development fund. The state racing 2758
commission also shall be reimbursed from the fund for actual 2759
expenses approved by the development commission. The development 2760
commission may elect one member to serve as secretary.2761

       (C) Upon application not later than the first day of December 2762
from the harness tracks conducting races with pari-mutuel 2763
wagering, other than agricultural expositions and fairs, the Ohio 2764
standardbred developmentstate racing commission, after a hearing 2765
and not later than the twentieth day of January, shall allocate 2766
and approve all available moneys for colt races for two-year-old 2767
and three-year-old colts and fillies, both trotting and pacing. 2768
Separate races for fillies shall be provided at each age and gait. 2769
Up to five races and a championship race shall be scheduled for 2770
each of the eight categories of age, sex, and gait. The 2771
allocations shall take into account the time of year that racing 2772
colts is feasible, the equity and continuity of the proposed dates 2773
for racing events, and the amounts to be added by the tracks, 2774
looking to the maximum benefit for those participating in the 2775
races. Representatives of the tracks and the Ohio harness 2776
horsemen's association shall be given an opportunity to be heard 2777
before the allocations are made. No races shall be contested 2778
earlier than the first day of May or later than the first day of 2779
November; all permit holders operating extended pari-mutuel 2780
meetings between those dates shall be entitled to at least three 2781
races. No funds for a race shall be allocated to and paid to a 2782
permit holder by the development commission unless the permit 2783
holder adds at least twenty-five per cent to the amount allocated 2784
by the development commission, and not less than five thousand 2785
dollars to each race.2786

       Colts and fillies eligible to the races shall be only those 2787
sired by a standardbred stallion that was registered with the 2788
state racing commission and stood in the state the entire breeding 2789
season of the year the colt or filly was conceived.2790

       If the development commission concludes that sufficient funds 2791
are available to add aged races without reducing purse levels of 2792
the colt and filly races, the development commission may allocate 2793
funds to four-year-old and up races of each sex and gait with Ohio 2794
eligibility required as set forth in this section.2795

       (D)(C) The state racing commission may allocate an amount not 2796
to exceed five per cent of the total Ohio standardbred development 2797
fund available in any one calendar year to research projects 2798
directed toward improving the breeding, raising, racing, and 2799
health and soundness of horses in the state and toward education 2800
or promotion of the industry.2801

       Sec. 3769.086.  There is hereby created in the state treasury 2802
the Ohio quarter horse development fund, to consist of all moneys 2803
paid into the fund at Ohio quarter horse meets. The purpose of the 2804
fund is to advance and improve the breeding of racing quarter 2805
horses in Ohio.2806

       Moneys to the credit of the fund shall be distributed on 2807
order of the state racing commission with the approval of the Ohio 2808
quarter horse development commission.2809

       The development commission shall consist of three members, to 2810
be appointed by the governor, with the advice and consent of the 2811
senate. One member shall be a quarter horse breeder and one a 2812
quarter horse owner. Of the initial appointments, one member shall 2813
be appointed for a term ending June 30, 1977, and two members 2814
shall be appointed for terms ending June 30, 1979. Thereafter 2815
appointments for other than unexpired terms shall be for four 2816
years. Terms shall begin the first day of July and end the 2817
thirtieth day of June. Any member appointed to fill a vacancy 2818
occurring prior to the expiration of the term for which the 2819
member's predecessor was appointed shall hold office for the 2820
remainder of such term. Any member shall continue in office 2821
subsequent to the expiration date of the member's term until a 2822
successor takes office. Members shall receive no compensation, 2823
except they shall be paid actual and necessary expenses from the 2824
Ohio quarter horse development fund. The state racing commission 2825
shall also be reimbursed for actual expense approved by the 2826
development commission. The development commission may elect one 2827
member to serve as secretary.2828

       After a general meeting advertised at least one month in 2829
advance, the development commission shall allocate and approve all 2830
available moneys to one or more stake races and, at the2831
development commission's discretion, to one or more overnight 2832
races. The eligibility for entry into such stake or overnight 2833
races shall be restricted to the following horses:2834

       (A) An Ohio-sired horse, which means a colt or filly 2835
registered with the American quarter horse association that has 2836
been sired by a quarter horse or thoroughbred stallion that stands 2837
for breeding purposes only in this state in the year that the colt 2838
or filly was conceived and is registered according to the rules of 2839
the state racing commission;2840

       (B) An Ohio-foaled horse, which means a filly or colt with a 2841
certificate of registration from the American quarter horse 2842
association that the colt or filly was foaled in this state. A 2843
copy of the registration papers shall accompany any nomination for 2844
entry in a race.2845

       (C) An Ohio-owned horse, which means a colt or filly wholly 2846
owned by a resident of this state, according to the rules of the 2847
state racing commission, both at the time of nomination and at the 2848
time of the race.2849

       The development commission may combine any or all of the 2850
above classes in one race, but in an overnight race to which money 2851
is allocated, preference shall be given to the highest preferred 2852
class in the order listed in this section.2853

       The development commission may allocate a sum not to exceed 2854
ten per cent of the total Ohio quarter horse development fund to 2855
research projects directed toward improving the breeding, raising, 2856
and racing of horses in the state and toward education or 2857
promotion of the industry.2858

       Sec. 4121.03.  (A) The governor shall appoint from among the 2859
members of the industrial commission the chairperson of the 2860
industrial commission. The chairperson shall serve as chairperson 2861
at the pleasure of the governor. The chairperson is the head of 2862
the commission and its chief executive officer.2863

       (B) The chairperson shall appoint, after consultation with 2864
other commission members and obtaining the approval of at least 2865
one other commission member, an executive director of the 2866
commission. The executive director shall serve at the pleasure of 2867
the chairperson. The executive director, under the direction of 2868
the chairperson, shall perform all of the following duties:2869

       (1) Act as chief administrative officer for the commission;2870

       (2) Ensure that all commission personnel follow the rules of 2871
the commission;2872

       (3) Ensure that all orders, awards, and determinations are 2873
properly heard and signed, prior to attesting to the documents;2874

       (4) Coordinate, to the fullest extent possible, commission 2875
activities with the bureau of workers' compensation activities;2876

       (5) Do all things necessary for the efficient and effective 2877
implementation of the duties of the commission.2878

       The responsibilities assigned to the executive director of 2879
the commission do not relieve the chairperson from final 2880
responsibility for the proper performance of the acts specified in 2881
this division.2882

       (C) The chairperson shall do all of the following:2883

       (1) Except as otherwise provided in this division, employ, 2884
promote, supervise, remove, and establish the compensation of all 2885
employees as needed in connection with the performance of the 2886
commission's duties under this chapter and Chapters 4123., 4127., 2887
and 4131. of the Revised Code and may assign to them their duties 2888
to the extent necessary to achieve the most efficient performance 2889
of its functions, and to that end may establish, change, or 2890
abolish positions, and assign and reassign duties and 2891
responsibilities of every employee of the commission. The civil 2892
service status of any person employed by the commission prior to 2893
November 3, 1989, is not affected by this section. Personnel 2894
employed by the bureau or the commission who are subject to 2895
Chapter 4117. of the Revised Code shall retain all of their rights 2896
and benefits conferred pursuant to that chapter as it presently 2897
exists or is hereafter amended and nothing in this chapter or 2898
Chapter 4123. of the Revised Code shall be construed as 2899
eliminating or interfering with Chapter 4117. of the Revised Code 2900
or the rights and benefits conferred under that chapter to public 2901
employees or to any bargaining unit.2902

       (2) Hire district and staff hearing officers after 2903
consultation with other commission members and obtaining the 2904
approval of at least one other commission member;2905

       (3) Fire staff and district hearing officers when the 2906
chairperson finds appropriate after obtaining the approval of at 2907
least one other commission member;2908

       (4) Maintain the office for the commission in Columbus;2909

       (5) To the maximum extent possible, use electronic data 2910
processing equipment for the issuance of orders immediately 2911
following a hearing, scheduling of hearings and medical 2912
examinations, tracking of claims, retrieval of information, and 2913
any other matter within the commission's jurisdiction, and shall 2914
provide and input information into the electronic data processing 2915
equipment as necessary to effect the success of the claims 2916
tracking system established pursuant to division (B)(15) of 2917
section 4121.121 of the Revised Code;2918

       (6) Exercise all administrative and nonadjudicatory powers 2919
and duties conferred upon the commission by Chapters 4121., 4123., 2920
4127., and 4131. of the Revised Code;2921

       (7) Approve all contracts for special services.2922

       (D) The chairperson is responsible for all administrative 2923
matters and may secure for the commission facilities, equipment, 2924
and supplies necessary to house the commission, any employees, and 2925
files and records under the commission's control and to discharge 2926
any duty imposed upon the commission by law, the expense thereof 2927
to be audited and paid in the same manner as other state expenses. 2928
For that purpose, the chairperson, separately from the budget 2929
prepared by the administrator of workers' compensation and the 2930
budget prepared by the director of the workers' compensation 2931
council, shall prepare and submit to the office of budget and 2932
management a budget for each biennium according to sections 2933
101.532 and 107.03 of the Revised Code. The budget submitted shall 2934
cover the costs of the commission and staff and district hearing 2935
officers in the discharge of any duty imposed upon the 2936
chairperson, the commission, and hearing officers by law.2937

       (E) A majority of the commission constitutes a quorum to 2938
transact business. No vacancy impairs the rights of the remaining 2939
members to exercise all of the powers of the commission, so long 2940
as a majority remains. Any investigation, inquiry, or hearing that 2941
the commission may hold or undertake may be held or undertaken by 2942
or before any one member of the commission, or before one of the 2943
deputies of the commission, except as otherwise provided in this 2944
chapter and Chapters 4123., 4127., and 4131. of the Revised Code. 2945
Every order made by a member, or by a deputy, when approved and 2946
confirmed by a majority of the members, and so shown on its record 2947
of proceedings, is the order of the commission. The commission may 2948
hold sessions at any place within the state. The commission is 2949
responsible for all of the following:2950

       (1) Establishing the overall adjudicatory policy and 2951
management of the commission under this chapter and Chapters 2952
4123., 4127., and 4131. of the Revised Code, except for those 2953
administrative matters within the jurisdiction of the chairperson, 2954
bureau of workers' compensation, and the administrator of workers' 2955
compensation under those chapters;2956

       (2) Hearing appeals and reconsiderations under this chapter 2957
and Chapters 4123., 4127., and 4131. of the Revised Code;2958

       (3) Engaging in rulemaking where required by this chapter or 2959
Chapter 4123., 4127., or 4131. of the Revised Code.2960

       Sec. 4121.121.  (A) There is hereby created the bureau of 2961
workers' compensation, which shall be administered by the 2962
administrator of workers' compensation. A person appointed to the 2963
position of administrator shall possess significant management 2964
experience in effectively managing an organization or 2965
organizations of substantial size and complexity. A person 2966
appointed to the position of administrator also shall possess a 2967
minimum of five years of experience in the field of workers' 2968
compensation insurance or in another insurance industry, except as 2969
otherwise provided when the conditions specified in division (C) 2970
of this section are satisfied. The governor shall appoint the 2971
administrator as provided in section 121.03 of the Revised Code, 2972
and the administrator shall serve at the pleasure of the governor. 2973
The governor shall fix the administrator's salary on the basis of 2974
the administrator's experience and the administrator's 2975
responsibilities and duties under this chapter and Chapters 4123., 2976
4125., 4127., 4131., and 4167. of the Revised Code. The governor 2977
shall not appoint to the position of administrator any person who 2978
has, or whose spouse has, given a contribution to the campaign 2979
committee of the governor in an amount greater than one thousand 2980
dollars during the two-year period immediately preceding the date 2981
of the appointment of the administrator.2982

       The administrator shall hold no other public office and shall 2983
devote full time to the duties of administrator. Before entering 2984
upon the duties of the office, the administrator shall take an 2985
oath of office as required by sections 3.22 and 3.23 of the 2986
Revised Code, and shall file in the office of the secretary of 2987
state, a bond signed by the administrator and by surety approved 2988
by the governor, for the sum of fifty thousand dollars payable to 2989
the state, conditioned upon the faithful performance of the 2990
administrator's duties.2991

       (B) The administrator is responsible for the management of 2992
the bureau and for the discharge of all administrative duties 2993
imposed upon the administrator in this chapter and Chapters 4123., 2994
4125., 4127., 4131., and 4167. of the Revised Code, and in the 2995
discharge thereof shall do all of the following:2996

       (1) Perform all acts and exercise all authorities and powers, 2997
discretionary and otherwise that are required of or vested in the 2998
bureau or any of its employees in this chapter and Chapters 4123., 2999
4125., 4127., 4131., and 4167. of the Revised Code, except the 3000
acts and the exercise of authority and power that is required of 3001
and vested in the bureau of workers' compensation board of 3002
directors or the industrial commission pursuant to those chapters. 3003
The treasurer of state shall honor all warrants signed by the 3004
administrator, or by one or more of the administrator's employees, 3005
authorized by the administrator in writing, or bearing the 3006
facsimile signature of the administrator or such employee under 3007
sections 4123.42 and 4123.44 of the Revised Code.3008

       (2) Employ, direct, and supervise all employees required in 3009
connection with the performance of the duties assigned to the 3010
bureau by this chapter and Chapters 4123., 4125., 4127., 4131., 3011
and 4167. of the Revised Code, including an actuary, and may 3012
establish job classification plans and compensation for all 3013
employees of the bureau provided that this grant of authority 3014
shall not be construed as affecting any employee for whom the 3015
state employment relations board has established an appropriate 3016
bargaining unit under section 4117.06 of the Revised Code. All 3017
positions of employment in the bureau are in the classified civil 3018
service except those employees the administrator may appoint to 3019
serve at the administrator's pleasure in the unclassified civil 3020
service pursuant to section 124.11 of the Revised Code. The 3021
administrator shall fix the salaries of employees the 3022
administrator appoints to serve at the administrator's pleasure, 3023
including the chief operating officer, staff physicians, and other 3024
senior management personnel of the bureau and shall establish the 3025
compensation of staff attorneys of the bureau's legal section and 3026
their immediate supervisors, and take whatever steps are necessary 3027
to provide adequate compensation for other staff attorneys.3028

       The administrator may appoint a person who holds a certified 3029
position in the classified service within the bureau to a position 3030
in the unclassified service within the bureau. A person appointed 3031
pursuant to this division to a position in the unclassified 3032
service shall retain the right to resume the position and status 3033
held by the person in the classified service immediately prior to 3034
the person's appointment in the unclassified service, regardless 3035
of the number of positions the person held in the unclassified 3036
service. An employee's right to resume a position in the 3037
classified service may only be exercised when the administrator 3038
demotes the employee to a pay range lower than the employee's 3039
current pay range or revokes the employee's appointment to the 3040
unclassified service. An employee forfeits the right to resume a 3041
position in the classified service when the employee is removed 3042
from the position in the unclassified service due to incompetence, 3043
inefficiency, dishonesty, drunkenness, immoral conduct, 3044
insubordination, discourteous treatment of the public, neglect of 3045
duty, violation of this chapter or Chapter 124., 4123., 4125., 3046
4127., 4131., or 4167. of the Revised Code, violation of the rules 3047
of the director of administrative services or the administrator, 3048
any other failure of good behavior, any other acts of misfeasance, 3049
malfeasance, or nonfeasance in office, or conviction of a felony. 3050
An employee also forfeits the right to resume a position in the 3051
classified service upon transfer to a different agency.3052

       Reinstatement to a position in the classified service shall 3053
be to a position substantially equal to that position in the 3054
classified service held previously, as certified by the department 3055
of administrative services. If the position the person previously 3056
held in the classified service has been placed in the unclassified 3057
service or is otherwise unavailable, the person shall be appointed 3058
to a position in the classified service within the bureau that the 3059
director of administrative services certifies is comparable in 3060
compensation to the position the person previously held in the 3061
classified service. Service in the position in the unclassified 3062
service shall be counted as service in the position in the 3063
classified service held by the person immediately prior to the 3064
person's appointment in the unclassified service. When a person is 3065
reinstated to a position in the classified service as provided in 3066
this division, the person is entitled to all rights, status, and 3067
benefits accruing to the position during the person's time of 3068
service in the position in the unclassified service.3069

       (3) Reorganize the work of the bureau, its sections, 3070
departments, and offices to the extent necessary to achieve the 3071
most efficient performance of its functions and to that end may 3072
establish, change, or abolish positions and assign and reassign 3073
duties and responsibilities of every employee of the bureau. All 3074
persons employed by the commission in positions that, after 3075
November 3, 1989, are supervised and directed by the administrator 3076
under this section are transferred to the bureau in their 3077
respective classifications but subject to reassignment and 3078
reclassification of position and compensation as the administrator 3079
determines to be in the interest of efficient administration. The 3080
civil service status of any person employed by the commission is 3081
not affected by this section. Personnel employed by the bureau or 3082
the commission who are subject to Chapter 4117. of the Revised 3083
Code shall retain all of their rights and benefits conferred 3084
pursuant to that chapter as it presently exists or is hereafter 3085
amended and nothing in this chapter or Chapter 4123. of the 3086
Revised Code shall be construed as eliminating or interfering with 3087
Chapter 4117. of the Revised Code or the rights and benefits 3088
conferred under that chapter to public employees or to any 3089
bargaining unit.3090

       (4) Provide offices, equipment, supplies, and other 3091
facilities for the bureau.3092

       (5) Prepare and submit to the board information the 3093
administrator considers pertinent or the board requires, together 3094
with the administrator's recommendations, in the form of 3095
administrative rules, for the advice and consent of the board, for 3096
classifications of occupations or industries, for premium rates 3097
and contributions, for the amount to be credited to the surplus 3098
fund, for rules and systems of rating, rate revisions, and merit 3099
rating. The administrator shall obtain, prepare, and submit any 3100
other information the board requires for the prompt and efficient 3101
discharge of its duties.3102

       (6) Keep the accounts required by division (A) of section 3103
4123.34 of the Revised Code and all other accounts and records 3104
necessary to the collection, administration, and distribution of 3105
the workers' compensation funds and shall obtain the statistical 3106
and other information required by section 4123.19 of the Revised 3107
Code.3108

       (7) Exercise the investment powers vested in the 3109
administrator by section 4123.44 of the Revised Code in accordance 3110
with the investment policy approved by the board pursuant to 3111
section 4121.12 of the Revised Code and in consultation with the 3112
chief investment officer of the bureau of workers' compensation. 3113
The administrator shall not engage in any prohibited investment 3114
activity specified by the board pursuant to division (F)(9) of 3115
section 4121.12 of the Revised Code and shall not invest in any 3116
type of investment specified in divisions (B)(1) to (10) of 3117
section 4123.442 of the Revised Code. All business shall be 3118
transacted, all funds invested, all warrants for money drawn and 3119
payments made, and all cash and securities and other property 3120
held, in the name of the bureau, or in the name of its nominee, 3121
provided that nominees are authorized by the administrator solely 3122
for the purpose of facilitating the transfer of securities, and 3123
restricted to the administrator and designated employees.3124

       (8) Make contracts for and supervise the construction of any 3125
project or improvement or the construction or repair of buildings 3126
under the control of the bureau.3127

       (9) Purchase supplies, materials, equipment, and services; 3128
make contracts for, operate, and superintend the telephone, other 3129
telecommunication, and computer services for the use of the 3130
bureau; and make contracts in connection with office reproduction, 3131
forms management, printing, and other services. Notwithstanding 3132
sections 125.12 to 125.14 of the Revised Code, the administrator 3133
may transfer surplus computers and computer equipment directly to 3134
an accredited public school within the state. The computers and 3135
computer equipment may be repaired or refurbished prior to the 3136
transfer.3137

       (10) Prepare and submit to the board an annual budget for 3138
internal operating purposes for the board's approval. The 3139
administrator also shall, separately from the budget the 3140
industrial commission submits and from the budget the director of 3141
the workers' compensation council submits, prepare and submit to 3142
the director of budget and management a budget for each biennium. 3143
The budgets submitted to the board and the director shall include 3144
estimates of the costs and necessary expenditures of the bureau in 3145
the discharge of any duty imposed by law.3146

       (11) As promptly as possible in the course of efficient 3147
administration, decentralize and relocate such of the personnel 3148
and activities of the bureau as is appropriate to the end that the 3149
receipt, investigation, determination, and payment of claims may 3150
be undertaken at or near the place of injury or the residence of 3151
the claimant and for that purpose establish regional offices, in 3152
such places as the administrator considers proper, capable of 3153
discharging as many of the functions of the bureau as is 3154
practicable so as to promote prompt and efficient administration 3155
in the processing of claims. All active and inactive lost-time 3156
claims files shall be held at the service office responsible for 3157
the claim. A claimant, at the claimant's request, shall be 3158
provided with information by telephone as to the location of the 3159
file pertaining to the claimant's claim. The administrator shall 3160
ensure that all service office employees report directly to the 3161
director for their service office.3162

       (12) Provide a written binder on new coverage where the 3163
administrator considers it to be in the best interest of the risk. 3164
The administrator, or any other person authorized by the 3165
administrator, shall grant the binder upon submission of a request 3166
for coverage by the employer. A binder is effective for a period 3167
of thirty days from date of issuance and is nonrenewable. Payroll 3168
reports and premium charges shall coincide with the effective date 3169
of the binder.3170

       (13) Set standards for the reasonable and maximum handling 3171
time of claims payment functions, ensure, by rules, the impartial 3172
and prompt treatment of all claims and employer risk accounts, and 3173
establish a secure, accurate method of time stamping all incoming 3174
mail and documents hand delivered to bureau employees.3175

       (14) Ensure that all employees of the bureau follow the 3176
orders and rules of the commission as such orders and rules relate 3177
to the commission's overall adjudicatory policy-making and 3178
management duties under this chapter and Chapters 4123., 4127., 3179
and 4131. of the Revised Code.3180

       (15) Manage and operate a data processing system with a 3181
common data base for the use of both the bureau and the commission 3182
and, in consultation with the commission, using electronic data 3183
processing equipment, shall develop a claims tracking system that 3184
is sufficient to monitor the status of a claim at any time and 3185
that lists appeals that have been filed and orders or 3186
determinations that have been issued pursuant to section 4123.511 3187
or 4123.512 of the Revised Code, including the dates of such 3188
filings and issuances.3189

       (16) Establish and maintain a medical section within the 3190
bureau. The medical section shall do all of the following:3191

       (a) Assist the administrator in establishing standard medical 3192
fees, approving medical procedures, and determining eligibility 3193
and reasonableness of the compensation payments for medical, 3194
hospital, and nursing services, and in establishing guidelines for 3195
payment policies which recognize usual, customary, and reasonable 3196
methods of payment for covered services;3197

       (b) Provide a resource to respond to questions from claims 3198
examiners for employees of the bureau;3199

       (c) Audit fee bill payments;3200

       (d) Implement a program to utilize, to the maximum extent 3201
possible, electronic data processing equipment for storage of 3202
information to facilitate authorizations of compensation payments 3203
for medical, hospital, drug, and nursing services;3204

       (e) Perform other duties assigned to it by the administrator.3205

       (17) Appoint, as the administrator determines necessary, 3206
panels to review and advise the administrator on disputes arising 3207
over a determination that a health care service or supply provided 3208
to a claimant is not covered under this chapter or Chapter 4123., 3209
4127., or 4131. of the Revised Code or is medically unnecessary. 3210
If an individual health care provider is involved in the dispute, 3211
the panel shall consist of individuals licensed pursuant to the 3212
same section of the Revised Code as such health care provider.3213

       (18) Pursuant to section 4123.65 of the Revised Code, approve 3214
applications for the final settlement of claims for compensation 3215
or benefits under this chapter and Chapters 4123., 4127., and 3216
4131. of the Revised Code as the administrator determines 3217
appropriate, except in regard to the applications of self-insuring 3218
employers and their employees.3219

       (19) Comply with section 3517.13 of the Revised Code, and 3220
except in regard to contracts entered into pursuant to the 3221
authority contained in section 4121.44 of the Revised Code, comply 3222
with the competitive bidding procedures set forth in the Revised 3223
Code for all contracts into which the administrator enters 3224
provided that those contracts fall within the type of contracts 3225
and dollar amounts specified in the Revised Code for competitive 3226
bidding and further provided that those contracts are not 3227
otherwise specifically exempt from the competitive bidding 3228
procedures contained in the Revised Code.3229

       (20) Adopt, with the advice and consent of the board, rules 3230
for the operation of the bureau.3231

       (21) Prepare and submit to the board information the 3232
administrator considers pertinent or the board requires, together 3233
with the administrator's recommendations, in the form of 3234
administrative rules, for the advice and consent of the board, for 3235
the health partnership program and the qualified health plan 3236
system, as provided in sections 4121.44, 4121.441, and 4121.442 of 3237
the Revised Code.3238

       (C) The administrator, with the advice and consent of the 3239
senate, shall appoint a chief operating officer who has a minimum 3240
of five years of experience in the field of workers' compensation 3241
insurance or in another similar insurance industry if the 3242
administrator does not possess such experience. The chief 3243
operating officer shall not commence the chief operating officer's 3244
duties until after the senate consents to the chief operating 3245
officer's appointment. The chief operating officer shall serve in 3246
the unclassified civil service of the state.3247

       Sec. 4121.77.  The workers' compensation council shall 3248
appoint a director to manage and direct the duties of the staff of 3249
the council. The director shall serve at the pleasure of the 3250
council. The director shall be a person who has had training and 3251
experience in areas related to the duties of the council.3252

        The council may authorize the director to employ 3253
professional, technical, and clerical staff as necessary, and 3254
employ or hire on a consulting basis persons to provide actuarial, 3255
legal, investment, or other technical services required for the 3256
performance of the council's duties. All employees of the council 3257
are in the unclassified civil service as described in section 3258
124.11 of the Revised Code and the staff serve at the pleasure of 3259
the director. For purposes of sections 718.04 and 4117.01 of the 3260
Revised Code, employees of the council shall be considered 3261
employees of the general assembly.3262

        The council shall fix the compensation of the director. The 3263
director shall fix the compensation of all other employees of the 3264
council and, notwithstanding section 124.18 of the Revised Code, 3265
shall adopt policies relating to payment for overtime, granting of 3266
compensatory time off, utilizing flexible hours, and working on 3267
holidays and compensation for holiday work.3268

       The council may do any of the following:3269

       (A) Require the members of the industrial commission, bureau 3270
of workers' compensation board of directors, workers' compensation 3271
audit committee, workers' compensation actuarial committee, and 3272
workers' compensation investment committee, the administrator of 3273
workers' compensation, and employees of the industrial commission 3274
and the bureau of workers' compensation, and any agency or 3275
official of this state or its political subdivisions to provide 3276
the council with any information necessary to carry out its 3277
duties;3278

       (B) Administer oaths and hold public hearings at times and 3279
places within the state as necessary to accomplish the purposes of 3280
sections 4121.75 to 4121.794121.78 of the Revised Code;3281

       (C) Establish regular reporting requirements for any report 3282
that the chairperson of the industrial commission, chairperson of 3283
the board, members of the committees specified in division (A) of 3284
this section, and the administrator are required to submit to the 3285
council;3286

       (D) Request that the auditor of state perform or contract for 3287
the performance of a financial or special audit of the bureau;3288

       (E) Request that the auditor of state perform or contract for 3289
the performance of a special or fiduciary audit of the workers' 3290
compensation system.3291

       Sec. 4123.341.  The administrative costs of the industrial 3292
commission, the workers' compensation council, the bureau of 3293
workers' compensation board of directors, and the bureau of 3294
workers' compensation shall be those costs and expenses that are 3295
incident to the discharge of the duties and performance of the 3296
activities of the industrial commission, the council, the board, 3297
and the bureau under this chapter and Chapters 4121., 4125., 3298
4127., 4131., and 4167. of the Revised Code, and all such costs 3299
shall be borne by the state and by other employers amenable to 3300
this chapter as follows:3301

       (A) In addition to the contribution required of the state 3302
under sections 4123.39 and 4123.40 of the Revised Code, the state 3303
shall contribute the sum determined to be necessary under section 3304
4123.342 of the Revised Code.3305

       (B) The director of budget and management may allocate the 3306
state's share of contributions in the manner the director finds 3307
most equitably apportions the costs.3308

       (C) The counties and taxing districts therein shall 3309
contribute such sum as may be required under section 4123.342 of 3310
the Revised Code.3311

       (D) The private employers shall contribute the sum required 3312
under section 4123.342 of the Revised Code.3313

       Sec. 4123.342.  (A) The administrator of workers' 3314
compensation shall allocate among counties and taxing districts 3315
therein as a class, the state and its instrumentalities as a 3316
class, private employers who are insured under the private fund as 3317
a class, and self-insuring employers as a class their fair shares 3318
of the administrative costs which are to be borne by such 3319
employers under division (D) of section 4123.341 of the Revised 3320
Code, separately allocating to each class those costs solely 3321
attributable to the activities of the industrial commission, those 3322
costs solely attributable to the activities of the workers' 3323
compensation council, and those costs solely attributable to the 3324
activities of the bureau of workers' compensation board of 3325
directors, and the bureau of workers' compensation in respect of 3326
the class, allocating to any combination of classes those costs 3327
attributable to the activities of the industrial commission, 3328
council, board, or bureau in respect of the classes, and 3329
allocating to all four classes those costs attributable to the 3330
activities of the industrial commission, council, board, and 3331
bureau in respect of all classes. The administrator shall 3332
separately calculate each employer's assessment in the class, 3333
except self-insuring employers, on the basis of the following 3334
three factors: payroll, paid compensation, and paid medical costs 3335
of the employer for those costs solely attributable to the 3336
activities of the board and the bureau. The administrator shall 3337
separately calculate each employer's assessment in the class, 3338
except self-insuring employers, on the basis of the following 3339
three factors: payroll, paid compensation, and paid medical costs 3340
of the employer for those costs solely attributable to the 3341
activities of the industrial commission. The administrator shall 3342
separately calculate each employer's assessment in the class, 3343
except self-insuring employers, on the basis of the following 3344
three factors: payroll, paid compensation, and paid medical costs 3345
of the employer for those costs solely attributable to the 3346
activities of the council. The administrator shall separately 3347
calculate each self-insuring employer's assessment in accordance 3348
with section 4123.35 of the Revised Code for those costs solely 3349
attributable to the activities of the board and the bureau. The 3350
administrator shall separately calculate each self-insuring 3351
employer's assessment in accordance with section 4123.35 of the 3352
Revised Code for those costs solely attributable to the activities 3353
of the industrial commission. The administrator shall separately 3354
calculate each self-insuring employer's assessment in accordance 3355
with section 4123.35 of the Revised Code for those costs solely 3356
attributable to the activities of the council. In a timely manner, 3357
the industrial commission shall provide to the administrator, the 3358
information necessary for the administrator to allocate and 3359
calculate, with the approval of the chairperson of the industrial 3360
commission, for each class of employer as described in this 3361
division, the costs solely attributable to the activities of the 3362
industrial commission. In a timely manner, the director of the 3363
workers' compensation council shall submit to the administrator 3364
the information necessary for the administrator to allocate and 3365
calculate, with the approval of the director, for each class of 3366
employer as described in this division, the costs solely 3367
attributable to the activities of the council.3368

       (B) The administrator shall divide the administrative cost 3369
assessments collected by the administrator into threetwo3370
administrative assessment accounts within the state insurance 3371
fund. One of the administrative assessment accounts shall consist 3372
of the administrative cost assessment collected by the 3373
administrator for the industrial commission. One of the 3374
administrative assessment accounts shall consist of the 3375
administrative cost assessment collected by the administrator for 3376
the council. One of the administrative assessment accounts shall 3377
consist of the administrative cost assessments collected by the 3378
administrator for the bureau and the board. The administrator may 3379
invest the administrative cost assessments in these accounts on 3380
behalf of the bureau, the council, and the industrial commission 3381
as authorized in section 4123.44 of the Revised Code. In a timely 3382
manner, the administrator shall provide to the industrial 3383
commission and the council the information and reports the 3384
commission or council, as applicable, deems necessary for the 3385
commission or the council, as applicable, to monitor the receipts 3386
and the disbursements from the administrative assessment account 3387
for the industrial commission or the administrative assessment 3388
account for the council, as applicable.3389

       (C) The administrator or the administrator's designee shall 3390
transfer moneys as necessary from the administrative assessment 3391
account identified for the bureau and the board to the workers' 3392
compensation fund for the use of the bureau and the board. As 3393
necessary and upon the authorization of the industrial commission, 3394
the administrator or the administrator's designee shall transfer 3395
moneys from the administrative assessment account identified for 3396
the industrial commission to the industrial commission operating 3397
fund created under section 4121.021 of the Revised Code. To the 3398
extent that the moneys collected by the administrator in any 3399
fiscal biennium of the state equal the sum appropriated by the 3400
general assembly for administrative costs of the industrial 3401
commission, board, and bureau for the biennium and the 3402
administrative costs approved by the workers' compensation 3403
council, the moneys shall be paid into the workers' compensation 3404
fund, the industrial commission operating fund of the state, the 3405
workers' compensation council fund, and the workers' compensation 3406
council remuneration fund, as appropriate, and any remainder shall 3407
be retained in those funds and applied to reduce the amount 3408
collected during the next biennium. 3409

       (D) As necessary and upon authorization of the director of 3410
the council, the administrator or the administrator's designee 3411
shall transfer moneys from the administrative assessment account 3412
identified for the council to the workers' compensation council 3413
fund created in division (C) of section 4121.79 of the Revised 3414
Code.3415

       (E) Sections 4123.41, 4123.35, and 4123.37 of the Revised 3416
Code apply to the collection of assessments from public and 3417
private employers respectively, except that for boards of county 3418
hospital trustees that are self-insuring employers, only those 3419
provisions applicable to the collection of assessments for private 3420
employers apply.3421

       Sec. 4123.35.  (A) Except as provided in this section, every 3422
employer mentioned in division (B)(2) of section 4123.01 of the 3423
Revised Code, and every publicly owned utility shall pay 3424
semiannually in the months of January and July into the state 3425
insurance fund the amount of annual premium the administrator of 3426
workers' compensation fixes for the employment or occupation of 3427
the employer, the amount of which premium to be paid by each 3428
employer to be determined by the classifications, rules, and rates 3429
made and published by the administrator. The employer shall pay 3430
semiannually a further sum of money into the state insurance fund 3431
as may be ascertained to be due from the employer by applying the 3432
rules of the administrator, and a receipt or certificate 3433
certifying that payment has been made, along with a written notice 3434
as is required in section 4123.54 of the Revised Code, shall be 3435
mailed immediately to the employer by the bureau of workers' 3436
compensation. The receipt or certificate is prima-facie evidence 3437
of the payment of the premium, and the proper posting of the 3438
notice constitutes the employer's compliance with the notice 3439
requirement mandated in section 4123.54 of the Revised Code.3440

       The bureau of workers' compensation shall verify with the 3441
secretary of state the existence of all corporations and 3442
organizations making application for workers' compensation 3443
coverage and shall require every such application to include the 3444
employer's federal identification number.3445

       An employer as defined in division (B)(2) of section 4123.01 3446
of the Revised Code who has contracted with a subcontractor is 3447
liable for the unpaid premium due from any subcontractor with 3448
respect to that part of the payroll of the subcontractor that is 3449
for work performed pursuant to the contract with the employer.3450

       Division (A) of this section providing for the payment of 3451
premiums semiannually does not apply to any employer who was a 3452
subscriber to the state insurance fund prior to January 1, 1914, 3453
or who may first become a subscriber to the fund in any month 3454
other than January or July. Instead, the semiannual premiums shall 3455
be paid by those employers from time to time upon the expiration 3456
of the respective periods for which payments into the fund have 3457
been made by them.3458

       The administrator shall adopt rules to permit employers to 3459
make periodic payments of the semiannual premium due under this 3460
division. The rules shall include provisions for the assessment of 3461
interest charges, where appropriate, and for the assessment of 3462
penalties when an employer fails to make timely premium payments. 3463
An employer who timely pays the amounts due under this division is 3464
entitled to all of the benefits and protections of this chapter. 3465
Upon receipt of payment, the bureau immediately shall mail a 3466
receipt or certificate to the employer certifying that payment has 3467
been made, which receipt is prima-facie evidence of payment. 3468
Workers' compensation coverage under this chapter continues 3469
uninterrupted upon timely receipt of payment under this division.3470

       Every public employer, except public employers that are 3471
self-insuring employers under this section, shall comply with 3472
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in 3473
regard to the contribution of moneys to the public insurance fund.3474

       (B) Employers who will abide by the rules of the 3475
administrator and who may be of sufficient financial ability to 3476
render certain the payment of compensation to injured employees or 3477
the dependents of killed employees, and the furnishing of medical, 3478
surgical, nursing, and hospital attention and services and 3479
medicines, and funeral expenses, equal to or greater than is 3480
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64 3481
to 4123.67 of the Revised Code, and who do not desire to insure 3482
the payment thereof or indemnify themselves against loss sustained 3483
by the direct payment thereof, upon a finding of such facts by the 3484
administrator, may be granted the privilege to pay individually 3485
compensation, and furnish medical, surgical, nursing, and hospital 3486
services and attention and funeral expenses directly to injured 3487
employees or the dependents of killed employees, thereby being 3488
granted status as a self-insuring employer. The administrator may 3489
charge employers who apply for the status as a self-insuring 3490
employer a reasonable application fee to cover the bureau's costs 3491
in connection with processing and making a determination with 3492
respect to an application.3493

       All employers granted status as self-insuring employers shall 3494
demonstrate sufficient financial and administrative ability to 3495
assure that all obligations under this section are promptly met. 3496
The administrator shall deny the privilege where the employer is 3497
unable to demonstrate the employer's ability to promptly meet all 3498
the obligations imposed on the employer by this section.3499

       (1) The administrator shall consider, but is not limited to, 3500
the following factors, where applicable, in determining the 3501
employer's ability to meet all of the obligations imposed on the 3502
employer by this section:3503

       (a) The employer employs a minimum of five hundred employees 3504
in this state;3505

       (b) The employer has operated in this state for a minimum of 3506
two years, provided that an employer who has purchased, acquired, 3507
or otherwise succeeded to the operation of a business, or any part 3508
thereof, situated in this state that has operated for at least two 3509
years in this state, also shall qualify;3510

       (c) Where the employer previously contributed to the state 3511
insurance fund or is a successor employer as defined by bureau 3512
rules, the amount of the buyout, as defined by bureau rules;3513

       (d) The sufficiency of the employer's assets located in this 3514
state to insure the employer's solvency in paying compensation 3515
directly;3516

       (e) The financial records, documents, and data, certified by 3517
a certified public accountant, necessary to provide the employer's 3518
full financial disclosure. The records, documents, and data 3519
include, but are not limited to, balance sheets and profit and 3520
loss history for the current year and previous four years.3521

       (f) The employer's organizational plan for the administration 3522
of the workers' compensation law;3523

       (g) The employer's proposed plan to inform employees of the 3524
change from a state fund insurer to a self-insuring employer, the 3525
procedures the employer will follow as a self-insuring employer, 3526
and the employees' rights to compensation and benefits; and3527

       (h) The employer has either an account in a financial 3528
institution in this state, or if the employer maintains an account 3529
with a financial institution outside this state, ensures that 3530
workers' compensation checks are drawn from the same account as 3531
payroll checks or the employer clearly indicates that payment will 3532
be honored by a financial institution in this state.3533

       The administrator may waive the requirements of divisions 3534
(B)(1)(a) and (b) of this section and the requirement of division 3535
(B)(1)(e) of this section that the financial records, documents, 3536
and data be certified by a certified public accountant. The 3537
administrator shall adopt rules establishing the criteria that an 3538
employer shall meet in order for the administrator to waive the 3539
requirement of division (B)(1)(e) of this section. Such rules may 3540
require additional security of that employer pursuant to division 3541
(E) of section 4123.351 of the Revised Code.3542

       The administrator shall not grant the status of self-insuring 3543
employer to the state, except that the administrator may grant the 3544
status of self-insuring employer to a state institution of higher 3545
education, excluding its hospitals, that meets the requirements of 3546
division (B)(2) of this section.3547

       (2) When considering the application of a public employer, 3548
except for a board of county commissioners described in division 3549
(G) of section 4123.01 of the Revised Code, a board of a county 3550
hospital, or a publicly owned utility, the administrator shall 3551
verify that the public employer satisfies all of the following 3552
requirements as the requirements apply to that public employer:3553

       (a) For the two-year period preceding application under this 3554
section, the public employer has maintained an unvoted debt 3555
capacity equal to at least two times the amount of the current 3556
annual premium established by the administrator under this chapter 3557
for that public employer for the year immediately preceding the 3558
year in which the public employer makes application under this 3559
section.3560

       (b) For each of the two fiscal years preceding application 3561
under this section, the unreserved and undesignated year-end fund 3562
balance in the public employer's general fund is equal to at least 3563
five per cent of the public employer's general fund revenues for 3564
the fiscal year computed in accordance with generally accepted 3565
accounting principles.3566

       (c) For the five-year period preceding application under this 3567
section, the public employer, to the extent applicable, has 3568
complied fully with the continuing disclosure requirements 3569
established in rules adopted by the United States securities and 3570
exchange commission under 17 C.F.R. 240.15c 2-12.3571

       (d) For the five-year period preceding application under this 3572
section, the public employer has not had its local government fund 3573
distribution withheld on account of the public employer being 3574
indebted or otherwise obligated to the state.3575

       (e) For the five-year period preceding application under this 3576
section, the public employer has not been under a fiscal watch or 3577
fiscal emergency pursuant to section 118.023, 118.04, or 3316.03 3578
of the Revised Code.3579

       (f) For the public employer's fiscal year preceding 3580
application under this section, the public employer has obtained 3581
an annual financial audit as required under section 117.10 of the 3582
Revised Code, which has been released by the auditor of state 3583
within seven months after the end of the public employer's fiscal 3584
year.3585

       (g) On the date of application, the public employer holds a 3586
debt rating of Aa3 or higher according to Moody's investors 3587
service, inc., or a comparable rating by an independent rating 3588
agency similar to Moody's investors service, inc.3589

       (h) The public employer agrees to generate an annual 3590
accumulating book reserve in its financial statements reflecting 3591
an actuarially generated reserve adequate to pay projected claims 3592
under this chapter for the applicable period of time, as 3593
determined by the administrator.3594

       (i) For a public employer that is a hospital, the public 3595
employer shall submit audited financial statements showing the 3596
hospital's overall liquidity characteristics, and the 3597
administrator shall determine, on an individual basis, whether the 3598
public employer satisfies liquidity standards equivalent to the 3599
liquidity standards of other public employers.3600

       (j) Any additional criteria that the administrator adopts by 3601
rule pursuant to division (E) of this section.3602

       The administrator shall not approve the application of a 3603
public employer, except for a board of county commissioners 3604
described in division (G) of section 4123.01 of the Revised Code, 3605
a board of a county hospital, or publicly owned utility, who does 3606
not satisfy all of the requirements listed in division (B)(2) of 3607
this section.3608

       (C) A board of county commissioners described in division (G) 3609
of section 4123.01 of the Revised Code, as an employer, that will 3610
abide by the rules of the administrator and that may be of 3611
sufficient financial ability to render certain the payment of 3612
compensation to injured employees or the dependents of killed 3613
employees, and the furnishing of medical, surgical, nursing, and 3614
hospital attention and services and medicines, and funeral 3615
expenses, equal to or greater than is provided for in sections 3616
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised 3617
Code, and that does not desire to insure the payment thereof or 3618
indemnify itself against loss sustained by the direct payment 3619
thereof, upon a finding of such facts by the administrator, may be 3620
granted the privilege to pay individually compensation, and 3621
furnish medical, surgical, nursing, and hospital services and 3622
attention and funeral expenses directly to injured employees or 3623
the dependents of killed employees, thereby being granted status 3624
as a self-insuring employer. The administrator may charge a board 3625
of county commissioners described in division (G) of section 3626
4123.01 of the Revised Code that applies for the status as a 3627
self-insuring employer a reasonable application fee to cover the 3628
bureau's costs in connection with processing and making a 3629
determination with respect to an application. All employers 3630
granted such status shall demonstrate sufficient financial and 3631
administrative ability to assure that all obligations under this 3632
section are promptly met. The administrator shall deny the 3633
privilege where the employer is unable to demonstrate the 3634
employer's ability to promptly meet all the obligations imposed on 3635
the employer by this section. The administrator shall consider, 3636
but is not limited to, the following factors, where applicable, in 3637
determining the employer's ability to meet all of the obligations 3638
imposed on the board as an employer by this section:3639

       (1) The board as an employer employs a minimum of five 3640
hundred employees in this state;3641

       (2) The board has operated in this state for a minimum of two 3642
years;3643

       (3) Where the board previously contributed to the state 3644
insurance fund or is a successor employer as defined by bureau 3645
rules, the amount of the buyout, as defined by bureau rules;3646

       (4) The sufficiency of the board's assets located in this 3647
state to insure the board's solvency in paying compensation 3648
directly;3649

       (5) The financial records, documents, and data, certified by 3650
a certified public accountant, necessary to provide the board's 3651
full financial disclosure. The records, documents, and data 3652
include, but are not limited to, balance sheets and profit and 3653
loss history for the current year and previous four years.3654

       (6) The board's organizational plan for the administration of 3655
the workers' compensation law;3656

       (7) The board's proposed plan to inform employees of the 3657
proposed self-insurance, the procedures the board will follow as a 3658
self-insuring employer, and the employees' rights to compensation 3659
and benefits;3660

       (8) The board has either an account in a financial 3661
institution in this state, or if the board maintains an account 3662
with a financial institution outside this state, ensures that 3663
workers' compensation checks are drawn from the same account as 3664
payroll checks or the board clearly indicates that payment will be 3665
honored by a financial institution in this state;3666

       (9) The board shall provide the administrator a surety bond 3667
in an amount equal to one hundred twenty-five per cent of the 3668
projected losses as determined by the administrator.3669

       (D) The administrator shall require a surety bond from all 3670
self-insuring employers, issued pursuant to section 4123.351 of 3671
the Revised Code, that is sufficient to compel, or secure to 3672
injured employees, or to the dependents of employees killed, the 3673
payment of compensation and expenses, which shall in no event be 3674
less than that paid or furnished out of the state insurance fund 3675
in similar cases to injured employees or to dependents of killed 3676
employees whose employers contribute to the fund, except when an 3677
employee of the employer, who has suffered the loss of a hand, 3678
arm, foot, leg, or eye prior to the injury for which compensation 3679
is to be paid, and thereafter suffers the loss of any other of the 3680
members as the result of any injury sustained in the course of and 3681
arising out of the employee's employment, the compensation to be 3682
paid by the self-insuring employer is limited to the disability 3683
suffered in the subsequent injury, additional compensation, if 3684
any, to be paid by the bureau out of the surplus created by 3685
section 4123.34 of the Revised Code.3686

       (E) In addition to the requirements of this section, the 3687
administrator shall make and publish rules governing the manner of 3688
making application and the nature and extent of the proof required 3689
to justify a finding of fact by the administrator as to granting 3690
the status of a self-insuring employer, which rules shall be 3691
general in their application, one of which rules shall provide 3692
that all self-insuring employers shall pay into the state 3693
insurance fund such amounts as are required to be credited to the 3694
surplus fund in division (B) of section 4123.34 of the Revised 3695
Code. The administrator may adopt rules establishing requirements 3696
in addition to the requirements described in division (B)(2) of 3697
this section that a public employer shall meet in order to qualify 3698
for self-insuring status.3699

       Employers shall secure directly from the bureau central 3700
offices application forms upon which the bureau shall stamp a 3701
designating number. Prior to submission of an application, an 3702
employer shall make available to the bureau, and the bureau shall 3703
review, the information described in division (B)(1) of this 3704
section, and public employers shall make available, and the bureau 3705
shall review, the information necessary to verify whether the 3706
public employer meets the requirements listed in division (B)(2) 3707
of this section. An employer shall file the completed application 3708
forms with an application fee, which shall cover the costs of 3709
processing the application, as established by the administrator, 3710
by rule, with the bureau at least ninety days prior to the 3711
effective date of the employer's new status as a self-insuring 3712
employer. The application form is not deemed complete until all 3713
the required information is attached thereto. The bureau shall 3714
only accept applications that contain the required information.3715

       (F) The bureau shall review completed applications within a 3716
reasonable time. If the bureau determines to grant an employer the 3717
status as a self-insuring employer, the bureau shall issue a 3718
statement, containing its findings of fact, that is prepared by 3719
the bureau and signed by the administrator. If the bureau 3720
determines not to grant the status as a self-insuring employer, 3721
the bureau shall notify the employer of the determination and 3722
require the employer to continue to pay its full premium into the 3723
state insurance fund. The administrator also shall adopt rules 3724
establishing a minimum level of performance as a criterion for 3725
granting and maintaining the status as a self-insuring employer 3726
and fixing time limits beyond which failure of the self-insuring 3727
employer to provide for the necessary medical examinations and 3728
evaluations may not delay a decision on a claim.3729

       (G) The administrator shall adopt rules setting forth 3730
procedures for auditing the program of self-insuring employers. 3731
The bureau shall conduct the audit upon a random basis or whenever 3732
the bureau has grounds for believing that a self-insuring employer 3733
is not in full compliance with bureau rules or this chapter.3734

       The administrator shall monitor the programs conducted by 3735
self-insuring employers, to ensure compliance with bureau 3736
requirements and for that purpose, shall develop and issue to 3737
self-insuring employers standardized forms for use by the 3738
self-insuring employer in all aspects of the self-insuring 3739
employers' direct compensation program and for reporting of 3740
information to the bureau.3741

       The bureau shall receive and transmit to the self-insuring 3742
employer all complaints concerning any self-insuring employer. In 3743
the case of a complaint against a self-insuring employer, the 3744
administrator shall handle the complaint through the 3745
self-insurance division of the bureau. The bureau shall maintain a 3746
file by employer of all complaints received that relate to the 3747
employer. The bureau shall evaluate each complaint and take 3748
appropriate action.3749

       The administrator shall adopt as a rule a prohibition against 3750
any self-insuring employer from harassing, dismissing, or 3751
otherwise disciplining any employee making a complaint, which rule 3752
shall provide for a financial penalty to be levied by the 3753
administrator payable by the offending self-insuring employer.3754

       (H) For the purpose of making determinations as to whether to 3755
grant status as a self-insuring employer, the administrator may 3756
subscribe to and pay for a credit reporting service that offers 3757
financial and other business information about individual 3758
employers. The costs in connection with the bureau's subscription 3759
or individual reports from the service about an applicant may be 3760
included in the application fee charged employers under this 3761
section.3762

       (I) The administrator, notwithstanding other provisions of 3763
this chapter, may permit a self-insuring employer to resume 3764
payment of premiums to the state insurance fund with appropriate 3765
credit modifications to the employer's basic premium rate as such 3766
rate is determined pursuant to section 4123.29 of the Revised 3767
Code.3768

       (J) On the first day of July of each year, the administrator 3769
shall calculate separately each self-insuring employer's 3770
assessments for the safety and hygiene fund, administrative costs 3771
pursuant to section 4123.342 of the Revised Code, and for the 3772
portion of the surplus fund under division (B) of section 4123.34 3773
of the Revised Code that is not used for handicapped 3774
reimbursement, on the basis of the paid compensation attributable 3775
to the individual self-insuring employer according to the 3776
following calculation:3777

       (1) The total assessment against all self-insuring employers 3778
as a class for each fund and for the administrative costs for the 3779
year that the assessment is being made, as determined by the 3780
administrator, divided by the total amount of paid compensation 3781
for the previous calendar year attributable to all amenable 3782
self-insuring employers;3783

       (2) Multiply the quotient in division (J)(1) of this section 3784
by the total amount of paid compensation for the previous calendar 3785
year that is attributable to the individual self-insuring employer 3786
for whom the assessment is being determined. Each self-insuring 3787
employer shall pay the assessment that results from this 3788
calculation, unless the assessment resulting from this calculation 3789
falls below a minimum assessment, which minimum assessment the 3790
administrator shall determine on the first day of July of each 3791
year with the advice and consent of the bureau of workers' 3792
compensation board of directors, in which event, the self-insuring 3793
employer shall pay the minimum assessment.3794

       In determining the total amount due for the total assessment 3795
against all self-insuring employers as a class for each fund and 3796
the administrative assessment, the administrator shall reduce 3797
proportionately the total for each fund and assessment by the 3798
amount of money in the self-insurance assessment fund as of the 3799
date of the computation of the assessment.3800

       The administrator shall calculate the assessment for the 3801
portion of the surplus fund under division (B) of section 4123.34 3802
of the Revised Code that is used for handicapped reimbursement in 3803
the same manner as set forth in divisions (J)(1) and (2) of this 3804
section except that the administrator shall calculate the total 3805
assessment for this portion of the surplus fund only on the basis 3806
of those self-insuring employers that retain participation in the 3807
handicapped reimbursement program and the individual self-insuring 3808
employer's proportion of paid compensation shall be calculated 3809
only for those self-insuring employers who retain participation in 3810
the handicapped reimbursement program. The administrator, as the 3811
administrator determines appropriate, may determine the total 3812
assessment for the handicapped portion of the surplus fund in 3813
accordance with sound actuarial principles.3814

       The administrator shall calculate the assessment for the 3815
portion of the surplus fund under division (B) of section 4123.34 3816
of the Revised Code that under division (D) of section 4121.66 of 3817
the Revised Code is used for rehabilitation costs in the same 3818
manner as set forth in divisions (J)(1) and (2) of this section, 3819
except that the administrator shall calculate the total assessment 3820
for this portion of the surplus fund only on the basis of those 3821
self-insuring employers who have not made the election to make 3822
payments directly under division (D) of section 4121.66 of the 3823
Revised Code and an individual self-insuring employer's proportion 3824
of paid compensation only for those self-insuring employers who 3825
have not made that election.3826

       The administrator shall calculate the assessment for the 3827
portion of the surplus fund under division (B) of section 4123.34 3828
of the Revised Code that is used for reimbursement to a 3829
self-insuring employer under division (H) of section 4123.512 of 3830
the Revised Code in the same manner as set forth in divisions 3831
(J)(1) and (2) of this section except that the administrator shall 3832
calculate the total assessment for this portion of the surplus 3833
fund only on the basis of those self-insuring employers that 3834
retain participation in reimbursement to the self-insuring 3835
employer under division (H) of section 4123.512 of the Revised 3836
Code and the individual self-insuring employer's proportion of 3837
paid compensation shall be calculated only for those self-insuring 3838
employers who retain participation in reimbursement to the 3839
self-insuring employer under division (H) of section 4123.512 of 3840
the Revised Code.3841

       An employer who no longer is a self-insuring employer in this 3842
state or who no longer is operating in this state, shall continue 3843
to pay assessments for administrative costs and for the portion of 3844
the surplus fund under division (B) of section 4123.34 of the 3845
Revised Code that is not used for handicapped reimbursement, based 3846
upon paid compensation attributable to claims that occurred while 3847
the employer was a self-insuring employer within this state.3848

       (K) The administrator shall deposit any moneys received from 3849
a self-insuring employer for the self-insuring employer's 3850
assessment to pay the costs solely attributable to the workers' 3851
compensation council into the administrative assessment account 3852
described in division (B) of section 4123.342 of the Revised Code 3853
for the administrative cost assessment collected by the 3854
administrator for the council. There is hereby created in the 3855
state treasury the self-insurance assessment fund. All investment 3856
earnings of the fund shall be deposited in the fund. The 3857
administrator shall use the money in the self-insurance assessment 3858
fund only for administrative costs as specified in section 3859
4123.341 of the Revised Code.3860

       (L) Every self-insuring employer shall certify, in affidavit 3861
form subject to the penalty for perjury, to the bureau the amount 3862
of the self-insuring employer's paid compensation for the previous 3863
calendar year. In reporting paid compensation paid for the 3864
previous year, a self-insuring employer shall exclude from the 3865
total amount of paid compensation any reimbursement the 3866
self-insuring employer receives in the previous calendar year from 3867
the surplus fund pursuant to section 4123.512 of the Revised Code 3868
for any paid compensation. The self-insuring employer also shall 3869
exclude from the paid compensation reported any amount recovered 3870
under section 4123.931 of the Revised Code and any amount that is 3871
determined not to have been payable to or on behalf of a claimant 3872
in any final administrative or judicial proceeding. The 3873
self-insuring employer shall exclude such amounts from the paid 3874
compensation reported in the reporting period subsequent to the 3875
date the determination is made. The administrator shall adopt 3876
rules, in accordance with Chapter 119. of the Revised Code, that 3877
provide for all of the following:3878

       (1) Establishing the date by which self-insuring employers 3879
must submit such information and the amount of the assessments 3880
provided for in division (J) of this section for employers who 3881
have been granted self-insuring status within the last calendar 3882
year;3883

       (2) If an employer fails to pay the assessment when due, the 3884
administrator may add a late fee penalty of not more than five 3885
hundred dollars to the assessment plus an additional penalty 3886
amount as follows:3887

       (a) For an assessment from sixty-one to ninety days past due, 3888
the prime interest rate, multiplied by the assessment due;3889

       (b) For an assessment from ninety-one to one hundred twenty 3890
days past due, the prime interest rate plus two per cent, 3891
multiplied by the assessment due;3892

       (c) For an assessment from one hundred twenty-one to one 3893
hundred fifty days past due, the prime interest rate plus four per 3894
cent, multiplied by the assessment due;3895

       (d) For an assessment from one hundred fifty-one to one 3896
hundred eighty days past due, the prime interest rate plus six per 3897
cent, multiplied by the assessment due;3898

       (e) For an assessment from one hundred eighty-one to two 3899
hundred ten days past due, the prime interest rate plus eight per 3900
cent, multiplied by the assessment due;3901

       (f) For each additional thirty-day period or portion thereof 3902
that an assessment remains past due after it has remained past due 3903
for more than two hundred ten days, the prime interest rate plus 3904
eight per cent, multiplied by the assessment due.3905

        (3) An employer may appeal a late fee penalty and penalty 3906
assessment to the administrator.3907

        For purposes of division (L)(2) of this section, "prime 3908
interest rate" means the average bank prime rate, and the 3909
administrator shall determine the prime interest rate in the same 3910
manner as a county auditor determines the average bank prime rate 3911
under section 929.02 of the Revised Code.3912

       The administrator shall include any assessment and penalties 3913
that remain unpaid for previous assessment periods in the 3914
calculation and collection of any assessments due under this 3915
division or division (J) of this section.3916

       (M) As used in this section, "paid compensation" means all 3917
amounts paid by a self-insuring employer for living maintenance 3918
benefits, all amounts for compensation paid pursuant to sections 3919
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and 3920
4123.64 of the Revised Code, all amounts paid as wages in lieu of 3921
such compensation, all amounts paid in lieu of such compensation 3922
under a nonoccupational accident and sickness program fully funded 3923
by the self-insuring employer, and all amounts paid by a 3924
self-insuring employer for a violation of a specific safety 3925
standard pursuant to Section 35 of Article II, Ohio Constitution 3926
and section 4121.47 of the Revised Code.3927

       (N) Should any section of this chapter or Chapter 4121. of 3928
the Revised Code providing for self-insuring employers' 3929
assessments based upon compensation paid be declared 3930
unconstitutional by a final decision of any court, then that 3931
section of the Revised Code declared unconstitutional shall revert 3932
back to the section in existence prior to November 3, 1989, 3933
providing for assessments based upon payroll.3934

       (O) The administrator may grant a self-insuring employer the 3935
privilege to self-insure a construction project entered into by 3936
the self-insuring employer that is scheduled for completion within 3937
six years after the date the project begins, and the total cost of 3938
which is estimated to exceed one hundred million dollars or, for 3939
employers described in division (R) of this section, if the 3940
construction project is estimated to exceed twenty-five million 3941
dollars. The administrator may waive such cost and time criteria 3942
and grant a self-insuring employer the privilege to self-insure a 3943
construction project regardless of the time needed to complete the 3944
construction project and provided that the cost of the 3945
construction project is estimated to exceed fifty million dollars. 3946
A self-insuring employer who desires to self-insure a construction 3947
project shall submit to the administrator an application listing 3948
the dates the construction project is scheduled to begin and end, 3949
the estimated cost of the construction project, the contractors 3950
and subcontractors whose employees are to be self-insured by the 3951
self-insuring employer, the provisions of a safety program that is 3952
specifically designed for the construction project, and a 3953
statement as to whether a collective bargaining agreement 3954
governing the rights, duties, and obligations of each of the 3955
parties to the agreement with respect to the construction project 3956
exists between the self-insuring employer and a labor 3957
organization.3958

       A self-insuring employer may apply to self-insure the 3959
employees of either of the following:3960

       (1) All contractors and subcontractors who perform labor or 3961
work or provide materials for the construction project;3962

       (2) All contractors and, at the administrator's discretion, a 3963
substantial number of all the subcontractors who perform labor or 3964
work or provide materials for the construction project.3965

       Upon approval of the application, the administrator shall 3966
mail a certificate granting the privilege to self-insure the 3967
construction project to the self-insuring employer. The 3968
certificate shall contain the name of the self-insuring employer 3969
and the name, address, and telephone number of the self-insuring 3970
employer's representatives who are responsible for administering 3971
workers' compensation claims for the construction project. The 3972
self-insuring employer shall post the certificate in a conspicuous 3973
place at the site of the construction project.3974

       The administrator shall maintain a record of the contractors 3975
and subcontractors whose employees are covered under the 3976
certificate issued to the self-insured employer. A self-insuring 3977
employer immediately shall notify the administrator when any 3978
contractor or subcontractor is added or eliminated from inclusion 3979
under the certificate.3980

       Upon approval of the application, the self-insuring employer 3981
is responsible for the administration and payment of all claims 3982
under this chapter and Chapter 4121. of the Revised Code for the 3983
employees of the contractor and subcontractors covered under the 3984
certificate who receive injuries or are killed in the course of 3985
and arising out of employment on the construction project, or who 3986
contract an occupational disease in the course of employment on 3987
the construction project. For purposes of this chapter and Chapter 3988
4121. of the Revised Code, a claim that is administered and paid 3989
in accordance with this division is considered a claim against the 3990
self-insuring employer listed in the certificate. A contractor or 3991
subcontractor included under the certificate shall report to the 3992
self-insuring employer listed in the certificate, all claims that 3993
arise under this chapter and Chapter 4121. of the Revised Code in 3994
connection with the construction project for which the certificate 3995
is issued.3996

       A self-insuring employer who complies with this division is 3997
entitled to the protections provided under this chapter and 3998
Chapter 4121. of the Revised Code with respect to the employees of 3999
the contractors and subcontractors covered under a certificate 4000
issued under this division for death or injuries that arise out 4001
of, or death, injuries, or occupational diseases that arise in the 4002
course of, those employees' employment on that construction 4003
project, as if the employees were employees of the self-insuring 4004
employer, provided that the self-insuring employer also complies 4005
with this section. No employee of the contractors and 4006
subcontractors covered under a certificate issued under this 4007
division shall be considered the employee of the self-insuring 4008
employer listed in that certificate for any purposes other than 4009
this chapter and Chapter 4121. of the Revised Code. Nothing in 4010
this division gives a self-insuring employer authority to control 4011
the means, manner, or method of employment of the employees of the 4012
contractors and subcontractors covered under a certificate issued 4013
under this division.4014

       The contractors and subcontractors included under a 4015
certificate issued under this division are entitled to the 4016
protections provided under this chapter and Chapter 4121. of the 4017
Revised Code with respect to the contractor's or subcontractor's 4018
employees who are employed on the construction project which is 4019
the subject of the certificate, for death or injuries that arise 4020
out of, or death, injuries, or occupational diseases that arise in 4021
the course of, those employees' employment on that construction 4022
project.4023

       The contractors and subcontractors included under a 4024
certificate issued under this division shall identify in their 4025
payroll records the employees who are considered the employees of 4026
the self-insuring employer listed in that certificate for purposes 4027
of this chapter and Chapter 4121. of the Revised Code, and the 4028
amount that those employees earned for employment on the 4029
construction project that is the subject of that certificate. 4030
Notwithstanding any provision to the contrary under this chapter 4031
and Chapter 4121. of the Revised Code, the administrator shall 4032
exclude the payroll that is reported for employees who are 4033
considered the employees of the self-insuring employer listed in 4034
that certificate, and that the employees earned for employment on 4035
the construction project that is the subject of that certificate, 4036
when determining those contractors' or subcontractors' premiums or 4037
assessments required under this chapter and Chapter 4121. of the 4038
Revised Code. A self-insuring employer issued a certificate under 4039
this division shall include in the amount of paid compensation it 4040
reports pursuant to division (L) of this section, the amount of 4041
paid compensation the self-insuring employer paid pursuant to this 4042
division for the previous calendar year.4043

       Nothing in this division shall be construed as altering the 4044
rights of employees under this chapter and Chapter 4121. of the 4045
Revised Code as those rights existed prior to September 17, 1996. 4046
Nothing in this division shall be construed as altering the rights 4047
devolved under sections 2305.31 and 4123.82 of the Revised Code as 4048
those rights existed prior to September 17, 1996.4049

       As used in this division, "privilege to self-insure a 4050
construction project" means privilege to pay individually 4051
compensation, and to furnish medical, surgical, nursing, and 4052
hospital services and attention and funeral expenses directly to 4053
injured employees or the dependents of killed employees.4054

       (P) A self-insuring employer whose application is granted 4055
under division (O) of this section shall designate a safety 4056
professional to be responsible for the administration and 4057
enforcement of the safety program that is specifically designed 4058
for the construction project that is the subject of the 4059
application.4060

       A self-insuring employer whose application is granted under 4061
division (O) of this section shall employ an ombudsperson for the 4062
construction project that is the subject of the application. The 4063
ombudsperson shall have experience in workers' compensation or the 4064
construction industry, or both. The ombudsperson shall perform all 4065
of the following duties:4066

       (1) Communicate with and provide information to employees who 4067
are injured in the course of, or whose injury arises out of 4068
employment on the construction project, or who contract an 4069
occupational disease in the course of employment on the 4070
construction project;4071

       (2) Investigate the status of a claim upon the request of an 4072
employee to do so;4073

       (3) Provide information to claimants, third party 4074
administrators, employers, and other persons to assist those 4075
persons in protecting their rights under this chapter and Chapter 4076
4121. of the Revised Code.4077

       A self-insuring employer whose application is granted under 4078
division (O) of this section shall post the name of the safety 4079
professional and the ombudsperson and instructions for contacting 4080
the safety professional and the ombudsperson in a conspicuous 4081
place at the site of the construction project.4082

       (Q) The administrator may consider all of the following when 4083
deciding whether to grant a self-insuring employer the privilege 4084
to self-insure a construction project as provided under division 4085
(O) of this section:4086

       (1) Whether the self-insuring employer has an organizational 4087
plan for the administration of the workers' compensation law;4088

       (2) Whether the safety program that is specifically designed 4089
for the construction project provides for the safety of employees 4090
employed on the construction project, is applicable to all 4091
contractors and subcontractors who perform labor or work or 4092
provide materials for the construction project, and has as a 4093
component, a safety training program that complies with standards 4094
adopted pursuant to the "Occupational Safety and Health Act of 4095
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing 4096
management and employee involvement;4097

       (3) Whether granting the privilege to self-insure the 4098
construction project will reduce the costs of the construction 4099
project;4100

       (4) Whether the self-insuring employer has employed an 4101
ombudsperson as required under division (P) of this section;4102

       (5) Whether the self-insuring employer has sufficient surety 4103
to secure the payment of claims for which the self-insuring 4104
employer would be responsible pursuant to the granting of the 4105
privilege to self-insure a construction project under division (O) 4106
of this section.4107

       (R) As used in divisions (O), (P), and (Q), "self-insuring 4108
employer" includes the following employers, whether or not they 4109
have been granted the status of being a self-insuring employer 4110
under division (B) of this section:4111

        (1) A state institution of higher education;4112

        (2) A school district;4113

        (3) A county school financing district;4114

        (4) An educational service center;4115

        (5) A community school established under Chapter 3314. of the 4116
Revised Code;4117

       (6) A municipal power agency as defined in section 3734.058 4118
of the Revised Code.4119

        (S) As used in this section:4120

       (1) "Unvoted debt capacity" means the amount of money that a 4121
public employer may borrow without voter approval of a tax levy;4122

       (2) "State institution of higher education" means the state 4123
universities listed in section 3345.011 of the Revised Code, 4124
community colleges created pursuant to Chapter 3354. of the 4125
Revised Code, university branches created pursuant to Chapter 4126
3355. of the Revised Code, technical colleges created pursuant to 4127
Chapter 3357. of the Revised Code, and state community colleges 4128
created pursuant to Chapter 3358. of the Revised Code.4129

       Sec. 4169.02.  (A) For the purposes of regulatingThe 4130
division of labor in the department of commerce shall regulate the 4131
construction, maintenance, mechanical operation, and inspection of 4132
passenger tramways that are associated with ski areas and of 4133
registeringshall register operators of passenger tramways in this 4134
state, there is hereby established in the division of labor in the 4135
department of commerce a ski tramway board to be appointed by the 4136
governor, with the advice and consent of the senate. The board 4137
shall consist of three members, one of whom shall be a public 4138
member who is an experienced skier and familiar with ski areas in 4139
this state, one of whom shall be a ski area operator actively 4140
engaged in the business of recreational skiing in this state, and 4141
one of whom shall be a professional engineer who is knowledgeable 4142
in the design or operation of passenger tramways.4143

       Of the initial appointments, one member shall be appointed 4144
for a term of one year, one for a term of two years, and one for a 4145
term of three years. The member appointed to the term beginning on 4146
July 1, 1996, shall be appointed to a term ending on June 30, 4147
1997; the member appointed to a term beginning on July 1, 1997, 4148
shall be appointed to a term ending on June 30, 1999; and the 4149
member appointed to a term beginning on July 1, 1998, shall be 4150
appointed to a term ending on June 30, 2001. Thereafter, each of 4151
the members shall be appointed for a term of six years. Each 4152
member shall hold office from the date of appointment until the 4153
end of the term for which the member was appointed. In the event 4154
of a vacancy, the governor, with the advice and consent of the 4155
senate, shall appoint a successor who shall hold office for the 4156
remainder of the term for which the successor's predecessor was 4157
appointed. A member shall continue in office subsequent to the 4158
expiration date of the member's term until the member's successor 4159
takes office or until a period of sixty days has elapsed, 4160
whichever occurs first. The board shall elect a chairperson from 4161
its members.4162

       The governor may remove any member of the board at any time 4163
for misfeasance, nonfeasance, or malfeasance in office after 4164
giving the member a copy of the charges against the member and an 4165
opportunity to be heard publicly in person or by counsel in the 4166
member's defense. Any such act of removal by the governor is 4167
final. A statement of the findings of the governor, the reason for 4168
the governor's action, and the answer, if any, of the member shall 4169
be filed by the governor with the secretary of state and shall be 4170
open to public inspection. 4171

       Members of the board shall be paid two hundred fifty dollars 4172
for each meeting that the member attends, except that no member 4173
shall be paid or receive more than seven hundred fifty dollars for 4174
attending meetings during any calendar year. Each member shall be 4175
reimbursed for the member's actual and necessary expenses incurred 4176
in the performance of official board duties. The chairperson shall 4177
be paid two hundred fifty dollars annually in addition to any 4178
compensation the chairperson receives under this division for 4179
attending meetings and any other compensation the chairperson 4180
receives for serving on the board.4181

       The division shall provide the board with such offices and 4182
such clerical, professional, and other assistance as may be 4183
reasonably necessary for the board to carry on its work. The 4184
division shall maintain accurate copies of the board's rules as 4185
promulgated in accordance with division (B) of this section and 4186
shall keep all of the board's records, including business records, 4187
and inspection reports as well as its own records and reports. The 4188
cost of administering the board and conducting inspections shall 4189
be included in the budget of the division based on revenues 4190
generated by the registration fees established under section 4191
4169.03 of the Revised Code.4192

       (B) In accordance with Chapter 119. of the Revised Code, the 4193
boarddivision shall adopt and may amend or rescind rules relating 4194
to public safety in the construction, maintenance, mechanical 4195
operation, and inspection of passenger tramways. The rules shall 4196
be in accordance with established standards in the business of ski 4197
area operation, if any, and shall not discriminate in their 4198
application to ski area operators.4199

       No person shall violate the rules of the boarddivision.4200

       (C) The authority of the boarddivision shall not extend to 4201
any matter relative to the operation of a ski area other than the 4202
construction, maintenance, mechanical operation, and inspection of 4203
passenger tramways.4204

       (D) A majority of the board constitutes a quorum and may 4205
perform and exercise all the duties and powers devolving upon the 4206
board.4207

       Sec. 4169.03.  (A) Before a passenger tramway operator may 4208
operate any passenger tramway in the state, the operator shall 4209
apply to the ski tramway boarddivision of labor in the department 4210
of commerce, on forms prepared by it, for registration by the 4211
boarddivision. The application shall contain an inventory of the 4212
passenger tramways that the applicant intends to operate and other 4213
information as the boarddivision may reasonably require and shall 4214
be accompanied by the following annual fees:4215

       (1) Each aerial passenger tramway, five hundred dollars;4216

       (2) Each skimobile, two hundred dollars;4217

       (3) Each chair lift, two hundred dollars;4218

       (4) Each J bar, T bar, or platter pull, one hundred dollars;4219

       (5) Each rope tow, fifty dollars;4220

       (6) Each wire rope tow, seventy-five dollars;4221

        (7) Each conveyor, one hundred dollars.4222

       When an operator operates an aerial passenger tramway, a 4223
skimobile, or a chair lift during both a winter and summer season, 4224
the annual fee shall be one and one-half the above amount for the 4225
respective passenger tramway.4226

       (B) Upon payment of the appropriate annual fees in accordance 4227
with division (A) of this section, the boarddivision shall issue 4228
a registration certificate to the operator. Each certificate shall 4229
remain in force until the thirtieth day of September next ensuing. 4230
The boarddivision shall renew an operator's certificate in 4231
accordance with the standard renewal procedure in Chapter 4745. of 4232
the Revised Code upon payment of the appropriate annual fees.4233

       (C) Money received from the registration fees and from the 4234
fines collected pursuant to section 4169.99 of the Revised Code 4235
shall be paid into the state treasury to the credit of the labor 4236
operating fund created in section 121.084 of the Revised Code.4237

       (D) No person shall operate a passenger tramway in this state 4238
unless the person has been registered by the boarddivision.4239

       Sec. 4169.04.  (A) The division of labor in the department of 4240
commerce shall make such inspection of the construction, 4241
maintenance, and mechanical operation of passenger tramways as 4242
the ski tramway board may reasonably requirerequired. The 4243
division may contract with other qualified engineers to make such 4244
inspection or may accept the inspection report by any qualified 4245
inspector of an insurance company authorized to insure passenger 4246
tramways in this state.4247

       (B) If, as the result of an inspection, an employee of the 4248
division or other agent with whom the division has contracted 4249
finds that a violation of the board'sdivision's rules exists or a 4250
condition in passenger tramway construction, maintenance, or 4251
mechanical operation exists that endangers public safety, the 4252
employee or agent shall make an immediate report to the board4253
division for appropriate investigation and order.4254

       Sec. 4169.05.  Any person may make a written complaint to the 4255
ski tramway boarddivision of labor of the department of commerce4256
setting forth an alleged violation of the board'sdivision's rules 4257
by a registered passenger tramway operator or a condition in 4258
passenger tramway construction, maintenance, or mechanical 4259
operation that allegedly endangers public safety. The board4260
division shall forward a copy of the complaint to the operator 4261
named in it and may accompany it with an order that requires the 4262
operator to answer the complaint in writing within a specified 4263
period of time. The boarddivision may investigate the complaint 4264
if it determines that there are reasonable grounds for such an 4265
investigation.4266

       Sec. 4169.06.  (A) When facts are presented to any member of 4267
the ski tramway boardthe division of labor in the department of 4268
commerce that indicate that immediate danger exists in the 4269
continued operation of a passenger tramway, any member of the 4270
boarddivision, after such verification of the facts as is 4271
practical under the circumstances and consistent with immediate 4272
public safety, may by an emergency written order require the 4273
operator of the tramway to cease using the tramway immediately for 4274
the transportation of passengers. Any person may serve notice on 4275
the operator or the operator's agent who is in immediate control 4276
of the tramway by delivering a true and attested copy of the 4277
order, and the operator or the operator's agent shall furnish 4278
proof of receipt of such notice by signing an affidavit on the 4279
back of the copy of the order. The emergency order shall be 4280
effective for a period not to exceed forty-eight hours from the 4281
time of notification.4282

       (B) Immediately after the issuance of an emergency order 4283
pursuant to this section, the boarddivision shall investigate the 4284
facts of the case. If the boarddivision finds that a violation of 4285
any of its rules exists or that a condition in passenger tramway 4286
construction, maintenance, or mechanical operation exists that 4287
endangers public safety, it shall issue a written order setting 4288
forth its findings and the corrective action to be taken and 4289
fixing a reasonable time for compliance.4290

       (C) After an investigation pursuant to division (B) of this 4291
section, if the boarddivision determines that danger to public 4292
safety exists in the continued operation of a passenger tramway, 4293
it shall so state in the order, describe in detail the basis for 4294
its findings, and in the order may require the operator not to 4295
operate the tramway until the operator has taken the corrective 4296
action ordered pursuant to this section. If the operator continues 4297
to use the tramway following receipt of such order, the board4298
division may request the court of common pleas having jurisdiction 4299
in the county where the tramway is located to issue an injunction 4300
forbidding operation of the tramway.4301

       (D) An operator of a passenger tramway may request a hearing 4302
by the boarddivision on any order issued pursuant to this chapter 4303
and may appeal the results of such a hearing in accordance with 4304
Chapter 119. of the Revised Code. An operator may appeal an order 4305
suspending the operation of the operator's tramway without first 4306
requesting a hearing.4307

       (E) If an operator fails to comply with an order of the board4308
division issued pursuant to this chapter within the specified 4309
time, the boarddivision may suspend the registration certificate 4310
of the operator for such time as it considers necessary to gain 4311
compliance with its order.4312

       No operator shall operate a passenger tramway while the 4313
operator's registration certificate is under suspension by the 4314
boarddivision.4315

       Sec. 4503.52.  (A) The owner or lessee of any passenger car, 4316
noncommercial motor vehicle, recreational vehicle, or other 4317
vehicle of a class approved by the registrar of motor vehicles may 4318
apply to the registrar for the registration of the vehicle and 4319
issuance of Lake Erie license plates. The application for Lake 4320
Erie license plates may be combined with a request for a special 4321
reserved license plate under section 4503.40 or 4503.42 of the 4322
Revised Code. Upon receipt of the completed application and 4323
compliance with division (B) of this section, the registrar shall 4324
issue to the applicant the appropriate vehicle registration and a 4325
set of Lake Erie license plates with a validation sticker or a 4326
validation sticker alone when required by section 4503.191 of the 4327
Revised Code.4328

       In addition to the letters and numbers ordinarily inscribed 4329
thereon, Lake Erie license plates shall be inscribed with 4330
identifying words or markings designed by the Ohio Lake Eriegreat 4331
lakes state commission and approved by the registrar. Lake Erie 4332
license plates shall bear county identification stickers that 4333
identify the county of registration by name or number.4334

       (B) The Lake Erie license plates and validation sticker shall 4335
be issued upon receipt of a contribution as provided in division 4336
(C) of this section and upon payment of the regular license fees 4337
as prescribed under section 4503.04 of the Revised Code, a fee not 4338
to exceed ten dollars for the purpose of compensating the bureau 4339
of motor vehicles for additional services required in the issuing 4340
of the Lake Erie license plates, any applicable motor vehicle tax 4341
levied under Chapter 4504. of the Revised Code, and compliance 4342
with all other applicable laws relating to the registration of 4343
motor vehicles. If the application for Lake Erie license plates is 4344
combined with a request for a special reserved license plate under 4345
section 4503.40 or 4503.42 of the Revised Code, the license plate 4346
and validation sticker shall be issued upon payment of the 4347
contribution, fees, and taxes contained in this division and the 4348
additional fee prescribed under section 4503.40 or 4503.42 of the 4349
Revised Code.4350

       (C) For each application for registration and registration 4351
renewal received under this section, the registrar shall collect a 4352
contribution in an amount not to exceed forty dollars as 4353
determined by the Ohio Lake Eriegreat lakes state commission. The 4354
registrar shall transmit this contribution to the treasurer of 4355
state for deposit in the Lake Erie protection fund created in 4356
section 1506.236161.05 of the Revised Code.4357

       The registrar shall deposit the additional fee not to exceed 4358
ten dollars specified in division (B) of this section that the 4359
applicant for registration voluntarily pays for the purpose of 4360
compensating the bureau for the additional services required in 4361
the issuing of the Lake Erie license plates in the state bureau of 4362
motor vehicles fund created in section 4501.25 of the Revised 4363
Code.4364

       Sec. 4503.77.  (A) As used in this section:4365

       (1) "Nonstandard license plate" means all of the following:4366

       (a) A license plate issued under sections 4503.52, 4503.55, 4367
4503.56, 4503.57, 4503.70, 4503.71, 4503.72, and 4503.75 of the 4368
Revised Code;4369

       (b) A license plate issued under a program that is 4370
reestablished under division (D) of this section and that meets 4371
the requirements contained in division (B) of section 4503.78 of 4372
the Revised Code;4373

       (c) Except as may otherwise be specifically provided by law, 4374
any license plate created after August 21, 1997.4375

       (2) For purposes of license plates issued under sections 4376
4503.503 and 4503.504 of the Revised Code, "sponsor" includes the 4377
Ohio agriculture license plate scholarship fund board created in 4378
section 901.90 of the Revised Code and the director of 4379
agriculture.4380

       (B)(1) If, during any calendar year commencing with 1998, the 4381
total number of motor vehicle registrations involving a particular 4382
type of nonstandard license plate is less than five hundred, 4383
including both new registrations and registration renewals, the 4384
registrar of motor vehicles, on or after the first day of January, 4385
but not later than the fifteenth day of January of the following 4386
year, shall send a written notice to the sponsor of that type of 4387
nonstandard license plate, if a sponsor exists, informing the 4388
sponsor of this fact. The registrar also shall inform the sponsor 4389
that if, during the calendar year in which the written notice is 4390
sent, the total number of motor vehicle registrations involving 4391
the sponsor's nonstandard license plate again is less than five 4392
hundred, the program involving that type of nonstandard license 4393
plate will be terminated on the thirty-first day of December of 4394
the calendar year in which the written notice is sent and, except 4395
as provided in division (C) of this section, no motor vehicle 4396
registration application involving either the actual issuance of 4397
that type of nonstandard license plate or the registration renewal 4398
of a motor vehicle displaying that type of nonstandard license 4399
plate will be accepted by the registrar or a deputy registrar 4400
beginning the first day of January of the next calendar year. The 4401
registrar also shall inform the sponsor that if the program 4402
involving the sponsor's nonstandard license plate is terminated 4403
under this section, it may be reestablished pursuant to division 4404
(D) of this section.4405

       (2) If, during any calendar year commencing with 1998, the 4406
total number of motor vehicle registrations involving a particular 4407
type of nonstandard license plate is less than five hundred, 4408
including both new registrations and registration renewals, and no 4409
sponsor exists for that license plate, the registrar shall issue a 4410
public notice on or after the first day of January, but not later 4411
than the fifteenth day of January of the following year, stating 4412
that fact. The notice also shall inform the public that if, during 4413
the calendar year in which the registrar issues the public notice, 4414
the total number of motor vehicle registrations for that type of 4415
nonstandard license plate, including both new registrations and 4416
registration renewals, again is less than five hundred, the 4417
program involving that type of nonstandard license plate will be 4418
terminated on the thirty-first day of December of the calendar 4419
year in which the registrar issues the public notice and, except 4420
as provided in division (C) of this section, no motor vehicle 4421
registration application involving either the actual issuance of 4422
that type of nonstandard license plate or the registration renewal 4423
of a motor vehicle displaying that type of nonstandard license 4424
plate will be accepted by the registrar or a deputy registrar 4425
beginning on the first day of January of the next calendar year.4426

       (C) If the program involving a type of nonstandard license 4427
plate is terminated under division (B) of this section, the 4428
registration of any motor vehicle displaying that type of 4429
nonstandard license plate at the time of termination may be 4430
renewed so long as the nonstandard license plates remain 4431
serviceable. If the nonstandard license plates of such a motor 4432
vehicle become unfit for service, the owner of the motor vehicle 4433
may apply for the issuance of nonstandard license plates of that 4434
same type, but the registrar or deputy registrar shall issue such 4435
nonstandard license plates only if at the time of application the 4436
stock of the bureau contains license plates of that type of 4437
nonstandard license plate. If, at the time of such application, 4438
the stock of the bureau does not contain license plates of that 4439
type of nonstandard license plate, the registrar or deputy 4440
registrar shall inform the owner of that fact, and the application 4441
shall be refused.4442

       If the program involving a type of nonstandard license plate 4443
is terminated under division (B) of this section and the 4444
registration of motor vehicles displaying such license plates 4445
continues as permitted by this division, the registrar, for as 4446
long as such registrations continue to be issued, shall continue 4447
to collect and distribute any contribution that was required to be 4448
collected and distributed prior to the termination of that 4449
program.4450

       (D) If the program involving a nonstandard license plate is 4451
terminated under division (B)(1) of this section, the sponsor of 4452
that license plate may apply to the registrar for the 4453
reestablishment of the program. If the program involving that 4454
nonstandard license plate is reestablished, the reestablishment is 4455
subject to division (B) of section 4503.78 of the Revised Code.4456

       Sec. 4723.61.  As used in this section and in sections 4457
4723.624723.63 to 4723.69 of the Revised Code:4458

       (A) "Medication" means a drug, as defined in section 4729.01 4459
of the Revised Code.4460

       (B) "Medication error" means a failure to follow the 4461
prescriber's instructions when administering a prescription 4462
medication.4463

       (C) "Nursing home" and "residential care facility" have the 4464
same meanings as in section 3721.01 of the Revised Code.4465

       (D) "Prescription medication" means a medication that may be 4466
dispensed only pursuant to a prescription.4467

       (E) "Prescriber" and "prescription" have the same meanings as 4468
in section 4729.01 of the Revised Code.4469

       Sec. 4723.63.  (A) In consultation with the medication aide 4470
advisory council established under section 4723.62 of the Revised 4471
Code, theThe board of nursing shall conduct a pilot program for 4472
the use of medication aides in nursing homes and residential care 4473
facilities. The board shall conduct the pilot program in a manner 4474
consistent with human protection and other ethical concerns 4475
typically associated with research studies involving live 4476
subjects. The pilot program shall be commenced not later than May 4477
1, 2006, and shall end on the thirty-first day after the report 4478
required by division (F)(2) of this section is submitted in 4479
accordance with that division.4480

        During the period the pilot program is conducted, a nursing 4481
home or residential care facility participating in the pilot 4482
program may use one or more medication aides to administer 4483
prescription medications to its residents, subject to all of the 4484
following conditions:4485

        (1) Each individual used as a medication aide must hold a 4486
current, valid medication aide certificate issued by the board of 4487
nursing under this chapter.4488

        (2) The nursing home or residential care facility shall 4489
ensure that the requirements of section 4723.67 of the Revised 4490
Code are met.4491

       (3) The nursing home or residential care facility shall 4492
submit to the board, not later than the thirty-first day after the 4493
day the board makes its request under division (F)(1)(a) of this 4494
section, the data required by division (F)(1)(a) of this section.4495

       (B) The board, in consultation with the medication aide 4496
advisory council, shall do all of the following not later than 4497
February 1, 2006:4498

       (1) Design the pilot program;4499

       (2) Establish standards to govern medication aides and the 4500
nursing homes and residential care facilities participating in the 4501
pilot program, including standards for the training of medication 4502
aides and the staff of participating nursing homes and residential 4503
care facilities;4504

       (3) Establish standards to protect the health and safety of 4505
the residents of the nursing homes and residential care facilities 4506
participating in the program;4507

       (4) Implement a process for selecting the nursing homes and 4508
residential care facilities to participate in the program.4509

       (C)(1) A nursing home or residential care facility may 4510
volunteer to participate in the pilot program by submitting an 4511
application to the board on a form prescribed and provided by the 4512
board. From among the applicants, the board shall select eighty 4513
nursing homes and forty residential care facilities to participate 4514
in the pilot program. When the board denies an application, it 4515
shall notify, in writing, the president and minority leader of the 4516
senate and the speaker and minority leader of the house of 4517
representatives of the denial and the reasons for the denial.4518

       (2) To be eligible to participate, a nursing home or 4519
residential care facility shall agree to observe the standards 4520
established by the board for the use of medication aides. A 4521
nursing home is eligible to participate only if the department of 4522
health has found in the most recent survey or inspection of the 4523
home that the home is free from deficiencies related to the 4524
administration of medication. A residential care facility is 4525
eligible to participate only if the department has found that the 4526
facility is free from deficiencies related to the provision of 4527
skilled nursing care or the administration of medication.4528

       (D) As a condition of participation in the pilot program, a 4529
nursing home and residential care facility selected by the board 4530
shall pay the participation fee established in rules adopted under 4531
section 4723.69 of the Revised Code. The participation fee is not 4532
reimbursable under the medicaid program established under Chapter 4533
5111. of the Revised Code.4534

       (E) On receipt of evidence found credible by the board that 4535
continued participation by a nursing home or residential care 4536
facility poses an imminent danger, risk of serious harm, or 4537
jeopardy to a resident of the home or facility, the board may 4538
terminate the authority of the home or facility to participate in 4539
the pilot program.4540

       (F)(1) With the assistance of the medication aide advisory 4541
council, theThe board shall conduct an evaluation of the pilot 4542
program. In conducting the evaluation, the board shall do all of 4543
the following:4544

       (a) Request from each nursing home and residential care 4545
facility participating in the pilot program, on the ninety-first 4546
day after the day the board issues a medication aide certificate 4547
under section 4723.651 of the Revised Code to the seventy-fifth 4548
individual, the data the board requires participating nursing 4549
homes and residential care facilities to report under rules the 4550
board adopts under section 4723.69 of the Revised Code.4551

       (b) Assess whether medication aides are able to administer 4552
prescription medications safely to nursing home and residential 4553
care facility residents;4554

       (c) Determine the financial implications of using medication 4555
aides in nursing homes and residential care facilities;4556

       (d) Consider any other issue the board or council considers 4557
relevant to the evaluation.4558

       (2) Not later than the one hundred eighty-first day after the 4559
day the board issues a medication aide certificate under section 4560
4723.651 of the Revised Code to the seventy-fifth individual, the 4561
board shall prepare a report of its findings and recommendations 4562
derived from the evaluation of the pilot program. The board shall 4563
submit the report to the governor, president and minority leader 4564
of the senate, speaker and minority leader of the house of 4565
representatives, and director of health.4566

       (G) The board shall, on the day it issues a medication aide 4567
certificate to the seventy-fifth individual, post a notice on its 4568
web site indicating the date on which any nursing home or 4569
residential care facility may use medication aides in accordance 4570
with section 4723.64 of the Revised Code.4571

       Sec. 4723.69.  (A) In consultation with the medication aide 4572
advisory council created under section 4723.62 of the Revised 4573
Code, theThe board of nursing shall adopt rules to implement 4574
sections 4723.61 to 4723.68 of the Revised Code. Initial rules 4575
shall be adopted not later than February 1, 2006. All rules 4576
adopted under this section shall be adopted in accordance with 4577
Chapter 119. of the Revised Code.4578

       (B) The rules adopted under this section shall establish or 4579
specify all of the following:4580

       (1) Fees, in an amount sufficient to cover the costs the 4581
board incurs in implementing sections 4723.61 to 4723.68 of the 4582
Revised Code, for participation in the medication aide pilot 4583
program, certification as a medication aide, and approval of a 4584
medication aide training program;4585

       (2) Requirements to obtain a medication aide certificate that 4586
are not otherwise specified in section 4723.651 of the Revised 4587
Code;4588

       (3) Procedures for renewal of medication aide certificates;4589

       (4) The extent to which the board determines that the reasons 4590
for taking disciplinary actions under section 4723.28 of the 4591
Revised Code are applicable reasons for taking disciplinary 4592
actions under section 4723.652 of the Revised Code against an 4593
applicant for or holder of a medication aide certificate;4594

       (5) Standards for approval of peer support programs for the 4595
holders of medication aide certificates;4596

       (6) Standards for medication aide training programs, 4597
including the examination to be administered by the training 4598
program to test an individual's ability to administer prescription 4599
medications safely;4600

       (7) Reasons for denying, revoking, or suspending approval of 4601
a medication aide training program;4602

       (8) Other standards and procedures the board considers 4603
necessary to implement sections 4723.61 to 4723.68 of the Revised 4604
Code.4605

       Sec. 5104.39.  (A) The director of job and family services 4606
shall adopt rules in accordance with Chapter 119. of the Revised 4607
Code establishing a procedure for monitoring the expenditures of 4608
county departments of job and family services to ensure that 4609
expenditures do not exceed the available federal and state funds 4610
for publicly funded child care. The department, with the 4611
assistance of the office of budget and management and the child 4612
care advisory council created pursuant to section 5104.08 of the 4613
Revised Code, shall monitor the anticipated future expenditures of 4614
county departments for publicly funded child care and shall 4615
compare those anticipated future expenditures to available federal 4616
and state funds for publicly funded child care. Whenever the 4617
department determines that the anticipated future expenditures of 4618
the county departments will exceed the available federal and state 4619
funds for publicly funded child care and the department reimburses 4620
the county departments in accordance with rules adopted under 4621
section 5104.42 of the Revised Code, the department shall promptly 4622
notify the county departments and, before the available state and 4623
federal funds are used, the director shall issue and implement an 4624
administrative order that shall specify both of the following:4625

       (1) Priorities for expending the remaining available federal 4626
and state funds for publicly funded child care;4627

       (2) Instructions and procedures to be used by the county 4628
departments.4629

       (B) The order may do any or all of the following:4630

       (1) Suspend enrollment of all new participants in any program 4631
of publicly funded child care;4632

       (2) Limit enrollment of new participants to those with 4633
incomes at or below a specified percentage of the federal poverty 4634
line;4635

       (3) Disenroll existing participants with income above a 4636
specified percentage of the federal poverty line.4637

       (C) Each county department shall comply with the order no 4638
later than thirty days after it is issued. If the department fails 4639
to notify the county departments and to implement the reallocation 4640
priorities specified in the order before the available federal and 4641
state funds for publicly funded child care are used, the state 4642
department shall provide sufficient funds to the county 4643
departments for publicly funded child care to enable each county 4644
department to pay for all publicly funded child care that was 4645
provided by providers pursuant to contract prior to the date that 4646
the county department received notice under this section and the 4647
state department implemented in that county the priorities.4648

       (D) If after issuing an order under this section to suspend 4649
or limit enrollment of new participants or disenroll existing 4650
participants the department determines that available state and 4651
federal funds for publicly funded child care exceed the 4652
anticipated future expenditures of the county departments, the 4653
director may issue and implement another administrative order 4654
increasing income eligibility levels to a specified percentage of 4655
the federal poverty line. The order shall include instructions and 4656
procedures to be used by the county departments. Each county 4657
department shall comply with the order not later than thirty days 4658
after it is issued.4659

       (E) The department of job and family services shall do all of 4660
the following:4661

       (1) Conduct a quarterly evaluation of the program of publicly 4662
funded child care that is operated pursuant to sections 5104.30 to 4663
5104.39 of the Revised Code;4664

       (2) Prepare reports based upon the evaluations that specify 4665
for each county the number of participants and amount of 4666
expenditures;4667

       (3) Provide copies of the reports to both houses of the 4668
general assembly and, on request, to interested parties.4669

       Sec. 5123.093.  The citizen's advisory councils established 4670
under section 5123.092 of the Revised Code shall:4671

       (A) Transmit verbal or written information from any person or 4672
organization associated with the institution or within the 4673
community, that an advisory council considers important, to the 4674
joint council on developmental disabilities created by section 4675
101.37 of the Revised Code and the director of developmental 4676
disabilities;4677

       (B) Review the records of all applicants to any unclassified 4678
position at the institution, except for resident physician 4679
positions filled under section 5123.11 of the Revised Code;4680

       (C) Review and evaluate institutional employee training and 4681
continuing education programs;4682

       (D) On or before the thirty-first day of January of each 4683
year, submit a written report to the joint council on 4684
developmental disabilities and the director of developmental 4685
disabilities regarding matters affecting the institution 4686
including, but not limited to, allegations of dehumanizing 4687
practices and violations of individual or legal rights;4688

       (E) Review institutional budgets, programs, services, and 4689
planning;4690

       (F) Develop and maintain relationships within the community 4691
with community mental retardation and developmental disabilities 4692
organizations;4693

       (G) Participate in the formulation of the institution's 4694
objectives, administrative procedures, program philosophy, and 4695
long range goals;4696

       (H) Bring any matter that an advisory council considers 4697
important to the attention of the joint council on developmental 4698
disabilities and the director of developmental disabilities;4699

       (I) Recommend to the director of developmental disabilities 4700
persons for appointment to citizen's advisory councils;4701

       (J) Adopt any rules or procedures necessary to carry out this 4702
section.4703

       The chairperson of the advisory council or the chairperson's 4704
designee shall be notified within twenty-four hours of any alleged 4705
incident of abuse to a resident or staff member by anyone. 4706
Incidents of resident or staff abuse shall include, but not be 4707
limited to, sudden deaths, accidents, suicides, attempted 4708
suicides, injury caused by other persons, alleged criminal acts, 4709
errors in prescribing or administering medication, theft from 4710
clients, fires, epidemic disease, administering unprescribed 4711
drugs, unauthorized use of restraint, withholding of information 4712
concerning alleged abuse, neglect, or any deprivation of rights as 4713
defined in Chapter 5122. or 5123. of the Revised Code.4714

       Sec. 6161.021.  (A) In addition to the duties set forth in 4715
section 6161.01 of the Revised Code, the great lakes commission 4716
from this state shall do all of the following:4717

       (1) Ensure the coordination of state and local policies and 4718
programs pertaining to Lake Erie water quality, toxic pollution 4719
control, and resource protection;4720

       (2) Review, and make recommendations concerning, the 4721
development and implementation of policies, programs, and issues 4722
for long-term, comprehensive protection of Lake Erie water 4723
resources and water quality that are consistent with the great 4724
lakes water quality agreement and the great lakes toxic substances 4725
control agreement;4726

       (3) Recommend policies and programs to modify the coastal 4727
management program of this state;4728

       (4) At each regular meeting, consider matters relating to the 4729
implementation of sections 6161.04 and 6161.05 of the Revised 4730
Code;4731

       (5) Publish and submit the Lake Erie protection agenda in 4732
accordance with division (C) of section 6161.05 of the Revised 4733
Code;4734

       (6) Ensure the implementation of a basinwide approach to Lake 4735
Erie issues;4736

       (7) Increase representation of the interests of this state in 4737
state, regional, national, and international forums pertaining to 4738
the resources and water quality of Lake Erie and the Lake Erie 4739
basin;4740

       (8) Promote education concerning the wise management of the 4741
resources of Lake Erie;4742

       (9) Establish public advisory councils as considered 4743
necessary to assist in programs established under this section and 4744
sections 6161.04 and 6161.05 of the Revised Code. Members of the 4745
public advisory councils shall represent a broad cross section of 4746
interests, shall have experience or expertise in the subject for 4747
which the advisory council was established, and shall serve 4748
without compensation.4749

       (10) Prepare and submit the report required under division 4750
(D) of section 6161.05 of the Revised Code. 4751

       (11) Advise the director of natural resources on carrying out 4752
the director's duties under Chapter 1506. of the Revised Code, 4753
including, without limitation, implementation of the coastal 4754
management program;4755

       (12) Recommend to the director of natural resources such 4756
policies and legislation as are necessary to preserve, protect, 4757
develop, and restore or enhance the coastal resources of this 4758
state;4759

       (13) Review and make recommendations to the director of 4760
natural resources on the development of policies, plans, and 4761
programs for long-term, comprehensive coastal resource management, 4762
including, without limitation, the coastal management program 4763
document adopted under division (A)(1) of section 1506.02 of the 4764
Revised Code;4765

       (14) Recommend to the director of natural resources ways to 4766
enhance cooperation among governmental agencies, including, 4767
without limitation, state agencies, having an interest in coastal 4768
management and to encourage wise use and protection of the state's 4769
coastal resources. The commission may request information and 4770
other assistance from those government agencies for this purpose.4771

       (B) Each state agency, upon the request of the commission, 4772
shall cooperate in the implementation of this section and sections 4773
6161.04 and 6161.05 of the Revised Code.4774

       Sec. 1506.22.        Sec. 6161.04.  (A) Except as provided in division (B) 4775
of this section, the state agency whose director has been 4776
designated to administer the Lake Erie protection fund under 4777
section 1506.236161.05 of the Revised Code is hereby designated 4778
the lead agency for the implementation in this state of the 4779
purposes of the great lakes protection fund, a regional trust fund 4780
established by the great lakes states to advance the principles, 4781
goals, and objectives of the great lakes toxic substances control 4782
agreement and the great lakes water quality agreement, as they may 4783
be revised and amended.4784

       (B) The governor shall appoint two members from this state to 4785
the board of directors of the great lakes protection fund as 4786
provided in the bylaws and articles of incorporation of the fund. 4787
Of the initial appointments made to the board, one shall serve for 4788
a term of one year and one shall serve for a term of two years; 4789
thereafter, the members of the board of directors from this state 4790
shall serve for terms of two years. The governor may remove any 4791
member at any time as provided in the bylaws and articles of 4792
incorporation of the fund. In the event of a vacancy, the governor 4793
shall appoint a successor to hold office for the remainder of the 4794
term for which the member's predecessor was appointed. Any member 4795
shall continue in office subsequent to the expiration date of the 4796
member's term until the member's successor takes office or until a 4797
period of sixty days has elapsed, whichever occurs first.4798

       Membership on the board does not constitute holding a public 4799
office or position of employment under the laws of this state and 4800
is not grounds for removal of public officers or employees from 4801
their offices or positions of employment.4802

       Members of the board from this state shall receive no 4803
compensation, but shall be reimbursed for their actual and 4804
necessary expenses incurred in the performance of their official 4805
duties.4806

       Sec. 1506.23.        Sec. 6161.05.  (A) There is hereby created in the 4807
state treasury the Lake Erie protection fund, which shall consist 4808
of moneys deposited into the fund from the issuance of Lake Erie 4809
license plates under section 4503.52 of the Revised Code and 4810
donations, gifts, bequests, and other moneys received for the 4811
purposes of this section. Not later than the first day of June 4812
each year, the Ohio Lake Eriegreat lakes state commission created 4813
in section 1506.216161.02 of the Revised Code shall designate one 4814
of its membersthe director of environmental protection, natural 4815
resources, health, agriculture, or transportation to administer 4816
the fund and, with the approval of the commission, to expend 4817
moneys from the fund for any of the following purposes:4818

       (1) Accelerating the pace of research into the economic, 4819
environmental, and human health effects of contamination of Lake 4820
Erie and its tributaries;4821

       (2) Funding cooperative research and data collection 4822
regarding Lake Erie water quality and toxic contamination;4823

       (3) Developing improved methods of measuring water quality 4824
and establishing a firm scientific base for implementing a 4825
basinwide system of water quality management for Lake Erie and its 4826
tributaries;4827

       (4) Supporting research to improve the scientific knowledge 4828
on which protection policies are based and devising new and 4829
innovative clean-up techniques for toxic contaminants;4830

       (5) Supplementing, in a stable and predictable manner, state 4831
commitments to policies and programs pertaining to Lake Erie water 4832
quality and resource protection;4833

       (6) Encouraging cooperation with and among leaders from state 4834
legislatures, state agencies, political subdivisions, business and 4835
industry, labor, institutions of higher education, environmental 4836
organizations, and conservation groups within the Lake Erie basin;4837

       (7) Awarding of grants to any agency of the United States, 4838
any state agency, as "agency" is defined in division (A)(2) of 4839
section 111.15 of the Revised Code, any political subdivision, any 4840
educational institution, or any nonprofit organization for the 4841
development and implementation of projects and programs that are 4842
designed to protect Lake Erie by reducing toxic contamination of 4843
or improving water quality in Lake Erie;4844

       (8) Expenses authorized by the Ohio Lake Eriegreat lakes 4845
state commission necessary to implement this chapter.4846

       (B) Moneys in the Lake Erie protection fund are not intended 4847
to replace other moneys expended by any agency of the United 4848
States, any state agency, as "agency" is so defined, any political 4849
subdivision, any educational institution, or any nonprofit 4850
organization for projects and programs that are designed to 4851
protect Lake Erie by reducing toxic contamination of or improving 4852
water quality in Lake Erie.4853

       (C) Each March, the Ohio Lake Eriegreat lakes state4854
commission shall publish a Lake Erie protection agenda that 4855
describes proposed uses of the Lake Erie protection fund for the 4856
following state fiscal year. The agenda shall be the subject of at 4857
least one public meeting of the commission held in the Lake Erie 4858
basin. The commission shall submit the agenda to the governor, the 4859
president of the senate, and the speaker of the house of 4860
representatives.4861

       (D) Not later than September 1, 1991, and annually 4862
thereafter, the Lake Eriegreat lakes state commission shall 4863
prepare a report of the activities that were undertaken by the 4864
commission under this section during the immediately preceding 4865
fiscal year, including, without limitation, revenues and expenses 4866
for the preceding fiscal year. The commission shall submit the 4867
report to the governor, the president of the senate, and the 4868
speaker of the house of representatives.4869

       Sec. 1506.24.        Sec. 6161.06.  (A) There is hereby created in the 4870
state treasury the Lake Erie resources fund, which shall consist 4871
of moneys awarded to the state from the great lakes protection 4872
fund and donations, gifts, bequests, and other moneys received for 4873
the purposes of this section. Not later than the first day of June 4874
each year, the Ohio Lake Eriegreat lakes state commission created 4875
in section 1506.216161.02 of the Revised Code shall designate one 4876
of its membersthe director of environmental protection, natural 4877
resources, health, agriculture, or transportation to administer 4878
the fund and, with the approval of the commission, to expend 4879
moneys from the fund for any of the following purposes:4880

       (1) Accelerating the pace of research into the economic, 4881
environmental, and human health effects of contamination of Lake 4882
Erie and its tributaries;4883

       (2) Funding cooperative research and data collection 4884
regarding Lake Erie water quality and toxic contamination;4885

       (3) Developing improved methods of measuring water quality 4886
and establishing a firm scientific base for implementing a 4887
basinwide system of water quality management for Lake Erie and its 4888
tributaries;4889

       (4) Supporting research to improve the scientific knowledge 4890
on which protection policies are based and devising new and 4891
innovative clean-up techniques for toxic contaminants;4892

       (5) Supplementing, in a stable and predictable manner, state 4893
commitments to policies and programs pertaining to Lake Erie water 4894
quality and resource protection;4895

       (6) Encouraging cooperation with and among leaders from state 4896
legislatures, state agencies, political subdivisions, business and 4897
industry, labor, institutions of higher education, environmental 4898
organizations, and conservation groups within the Lake Erie basin;4899

       (7) Awarding of grants to any agency of the United States, 4900
any state agency, as "agency" is defined in division (A)(2) of 4901
section 111.15 of the Revised Code, any political subdivision, any 4902
educational institution, or any nonprofit organization for the 4903
development and implementation of projects and programs that are 4904
designed to protect Lake Erie by reducing toxic contamination of 4905
or improving water quality in Lake Erie;4906

       (8) Expenses authorized by the Ohio Lake Eriegreat lakes 4907
state commission necessary to implement this chapter.4908

       (B) Moneys in the Lake Erie resources fund are not intended 4909
to replace other moneys expended by any agency of the United 4910
States, any state agency, as "agency" is so defined, any political 4911
subdivision, any educational institution, or any nonprofit 4912
organization for projects and programs that are designed to 4913
protect Lake Erie by reducing toxic contamination of or improving 4914
water quality in Lake Erie.4915

       (C) Each March, the Ohio Lake Eriegreat lakes state4916
commission shall publish a Lake Erie protection agenda that 4917
describes proposed uses of the Lake Erie resources fund for the 4918
following state fiscal year. The agenda shall be the subject of at 4919
least one public meeting of the commission held in the Lake Erie 4920
basin. The commission shall submit the agenda to the governor, the 4921
president of the senate, and the speaker of the house of 4922
representatives.4923

       (D) Annually the Lake Eriegreat lakes state commission shall 4924
prepare a report of the activities that were undertaken by the 4925
commission under this section during the immediately preceding 4926
fiscal year, including, without limitation, revenues and expenses 4927
for the preceding fiscal year. The commission shall submit the 4928
report to the governor, the president of the senate, and the 4929
speaker of the house of representatives.4930

       Section 2. That existing sections 101.83, 101.84, 101.85, 4931
101.86, 109.91, 121.084, 121.32, 127.14, 149.304, 173.03, 173.04, 4932
901.90, 1349.71, 1506.22, 1506.23, 1506.24, 3301.90, 3302.021, 4933
3302.10, 3311.71, 3312.01, 3312.09, 3313.6013, 3335.27, 3345.062, 4934
3701.025, 3701.63, 3705.35, 3705.36, 3718.03, 3727.311, 3727.312, 4935
3737.03, 3737.21, 3737.81, 3737.86, 3737.88, 3743.54, 3746.04, 4936
3769.083, 3769.085, 3769.086, 4121.03, 4121.121, 4121.77, 4937
4123.341, 4123.342, 4123.35, 4169.02, 4169.03, 4169.04, 4169.05, 4938
4169.06, 4503.52, 4503.77, 4723.61, 4723.63, 4723.69, 5104.39, and 4939
5123.093 and sections 101.37, 122.98, 122.981, 125.833, 4940
184.23, 184.231, 1501.25, 1733.329, 1733.3210, 2151.282, 4941
2323.44, 3312.11, 3312.12, 3319.70, 3319.71, 3701.92, 3702.92, 4942
3746.03, 3769.084, 4121.79, 4501.025, 4723.62, 4723.621, 4943
4981.35, 5104.08, 5111.710, and 5902.15 of the Revised Code are 4944
hereby repealed.4945

       Section 3. The following agencies shall be retained pursuant 4946
to division (D) of section 101.83 of the Revised Code and shall 4947
expire on December 31, 2016:4948

AGENCY NAME REVISED CODE OR UNCODIFIED SECTION 4949
Academic Distress Commission 3302.10 4950
Advisory Board of Governor's Office of Faith-Based and Community Initiatives 107.12 4951
Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence 3323.33, 3323.34 4952
Advisory Council on Amusement Ride Safety 1711.51, 1711.52 4953
Advisory Council of Directors for Prison Labor 5145.162 4954
Advisory Council for Wild, Scenic, or Recreational River Area(s) 1547.84 4955
Advisory Committee on Livestock Exhibitions 901.71 4956
Agricultural Commodity Marketing Programs Operating Committees 924.07 4957
Agricultural Commodity Marketing Programs Coordinating Committee 924.14 4958
Alternative Energy Advisory Committee 4928.64(D) 4959
AMBER Alert Advisory Committee 5502.521 4960
Apprenticeship Council Chapter 4139. 4961
Armory Board of Control 5911.09, 5911.12 4962
Automated Title Processing Board 4505.09(C)(1) 4963
Backflow Advisory Board 3703.21 4964
Banking Commission 1123.01 4965
Board of Directors of the Great Lakes Protection Fund 1506.22 (6161.04) 4966
Board of Directors of the Medical Liability Underwriting Association Stabilization Fund 3929.631 4967
Board of Directors of the Ohio Appalachian Center for Higher Education 3333.58 4968
Board of Directors of the Ohio Health Reinsurance Program 3924.08 - 3924.11 4969
Board of Governors of the Commercial Insurance Joint Underwriting Association 3930.03 4970
Board of Governors of the Medical Liability Underwriting Association 3929.64 4971
Board of Voting Machines Examiners 3506.05 4972
Budget Planning and Management Commission Section 509.10, H.B. 1, 128th G.A. 4973
Brain Injury Advisory Committee 3304.231 4974
Bureau of Workers' Compensation Board of Directors 4121.12 4975
Capitol Square Review and Advisory Board 105.41 4976
Children's Trust Fund Board 3109.15 - 3109.17 4977
Citizen's Advisory Council 5123.092, 5123.093 4978
Clean Ohio Trail Advisory Board 1519.06 4979
Coastal Resources Advisory Council 1506.12 4980
Commission on African-American Males 4112.12, 4112.13 4981
Commission on Hispanic-Latino Affairs 121.31 4982
Commission on Minority Health 3701.78 4983
Committee on Prescriptive Governance 4723.49 - 4723.492 4984
Commodity Advisory Commission 926.32 4985
Consumer Advisory Committee to the Rehabilitation Services Commission 3304.24 4986
Credential Review Board 3319.65 4987
Consumer Finance Education Board 1349.71, 1349.72 4988
Continuing Education Committee 109.80(B) 4989
Council on Alcohol and Drug Addiction Services 3793.09 4990
Council on Unreclaimed Strip Mined Lands 1513.29 4991
County Sheriff's Standard Car Marking and Uniform Commission 311.25 - 311.27 4992
Credit Union Council 1733.329 4993
Criminal Sentencing Advisory Committee 181.22 4994
Data Collection and Analysis Group 3727.32 4995
Dentist Loan Repayment Advisory Board 3702.92 4996
Department Advisory Council(s) 107.18, 121.13 4997
Developmental Disabilities Developmental Center Closure Commission 5123.032 4998
Development Financing Advisory Council 122.40, 122.41 4999
Early Childhood Advisory Council 3301.90 5000
Education Commission of the States (Interstate Compact for Education) 3301.48, 3301.49 5001
Education Management Information System Advisory Board 3301.0713 5002
Educator Standards Board 3319.60 5003
Electrical Safety Inspector Advisory Committee 3783.08 5004
Emergency Response Commission 3750.02 5005
Environmental Education Council 3745.21 5006
Environmental Protection Agency Advisory Board(s) 121.13, 3704.03, 3745.01 5007
eTech Ohio Commission 3353.02 - 3353.04 5008
Ex-Offender Reentry Coalition 5120.07 5009
Farmland Preservation Advisory Board 901.23 5010
Financial Planning and Supervision Commission(s) 118.05 - 118.09 5011
Financial Planning and Supervision Commission for (name of school district) 3316.05 - 3316.07 5012
Forestry Advisory Council 1503.40 5013
Governance Authority for a State University or College 3345.75 5014
Governor's Council on People with Disabilities 3303.41 5015
Governor's Policy Information Working Group Section 313, H.B. 420, 127th G.A. 5016
Governor's Residence Advisory Commission 107.40 5017
Grain Marketing Program Operating Committee 924.20 - 924.30 5018
Great Lakes State Commission (Great Lakes Basin Compact) 6161.01-6161.02 5019
Gubernatorial Transition Committee 107.29, 126.26 5020
Help Me Grow Advisory Council 3701.611 5021
Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council 3701.0210 5022
Homeland Security Advisory Council 5502.011(E) 5023
Hospital Measures Advisory Council 3727.31 5024
Housing Trust Fund Advisory Committee 174.06 5025
Industrial Commission Nominating Council 4121.04 5026
Industrial Technology and Enterprise Advisory Council 122.29, 122.30 5027
Infant Hearing Screening Subcommittee 3701.507 5028
Infection Control Group 3727.312(D) 5029
Insurance Agent Education Advisory Council 3905.483 5030
Joint Select Committee on Volume Cap 133.021 5031
Labor-Management Government Advisory Council 4121.70 5032
Legal Rights Service Commission 5123.60 5033
Legislative Programming Committee of the Ohio Government Telecommunications Service 3353.07 5034
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research 103.51 5035
Maternity and Newborn Advisory Council 3711.20, 3711.21 5036
Medicaid Buy-In Advisory Council(s) 5111.708-5111.7011 5037
Medically Handicapped Children's Medical Advisory Council 3701.025 5038
Midwest Interstate Passenger Rail Compact Commission 4981.36 5039
Milk Sanitation Board 917.03 - 917.032 5040
Mine Subsidence Insurance Governing Board 3929.51 5041
Minority Development Financing Advisory Board 122.72, 122.73 5042
National Museum of Afro-American History and Culture Planning Committee 149.303 5043
New African Immigrants Commission 4112.31, 4112.32 5044
Ohio Accountability Task Force 3302.021(E) 5045
Ohio Advisory Council for the Aging 173.03 5046
Ohio Arts Council Chapter 3379. 5047
Ohio Business Gateway Steering Committee 5703.57 5048
Ohio Cemetery Dispute Resolution Commission 4767.05, 4767.06 5049
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils 4112.04(B)(4) 5050
Ohio Commercial Market Assistance Plan Executive Committee 3930.02 5051
Ohio Commission on Dispute Resolution and Conflict Management 179.02 - 179.04 5052
Ohio Community Service Council 121.40 - 121.404 5053
Ohio Council for Interstate Adult Offender Supervision 5149.22 5054
Ohio Cultural Facilities Commission Chapter 3383. 5055
Ohio Developmental Disabilities Council 5123.35 5056
Ohio Expositions Commission 991.02 5057
Ohio Family and Children First Cabinet Council 121.37 5058
Ohio Family and Children First Cabinet Council Advisory Board 121.374 5059
Ohio Geographically Referenced Information Program Council 125.901, 125.902 5060
Ohio Historic Site Preservation Advisory Board 149.301 5061
Ohio Geology Advisory Council 1501.11 5062
Ohio Grape Industries Committee 924.51 - 924.55 5063
Ohio Historical Society Board of Trustees 149.30 5064
Ohio Judicial Conference 105.91 - 105.97 5065
Ohio Lake Erie Commission 1506.21 5066
Ohio Legislative Commission on the Education and Preservation of State History Section 701.05, H.B. 1, 128th G.A. 5067
Ohio Medical Quality Foundation 3701.89 5068
Ohio Parks and Recreation Council 1541.40 5069
Ohio Peace Officer Training Commission 109.71, 109.72 5070
Ohio Private Investigation and Security Services Commission 4749.021 5071
Ohio Public Defender Commission 120.01 - 120.03 5072
Ohio Public Library Information Network Board of Trustees 3375.65, 3375.66 5073
Ohio Small Government Capital Improvements Commission 164.02(C)(D) 5074
Ohio Soil and Water Conservation Commission 1515.02 5075
Ohio Steel Industry Advisory Council 122.97, 122.971 5076
Ohio Transportation Finance Commission 5531.12(B) to (D) 5077
Ohio Tuition Trust Authority 3334.03, 3334.08 5078
Ohio University College of Osteopathic Medicine Advisory Committee 3337.10, 3337.11 5079
Ohio Vendors Representative Committee 3304.34, 20 USC 107 5080
Ohio War Orphans Scholarship Board 5910.02 - 5910.06 5081
Ohio Water Advisory Council 1521.031 5082
Ohio Water Resources Council Advisory Group 1521.19 5083
Ohio Water Resources Council 1521.19 5084
Ohioana Library Association, Martha Kinney Cooper Memorial, Board of Trustees 3375.61, 3375.62 5085
Oil and Gas Commission 1509.35 5086
Organized Crime Investigations Commission 177.01 5087
Pharmacy and Therapeutics Committee of the Department of Job and Family Services 5111.084 5088
Physician Assistant Policy Committee of the State Medical Board 4730.05, 4730.06 5089
Physician Loan Repayment Advisory Board 3702.81 5090
Power Siting Board 4906.02 5091
Prequalification Review Board 5525.07 5092
Private Water Systems Advisory Council 3701.346 5093
Public Health Council 3701.33, 3701.34 5094
Public Schools Health Care Advisory Committee 9.901 5095
Public Utilities Commission Nominating Council 4901.021 5096
Public Utility Property Tax Study Committee 5727.85(K) 5097
Radiation Advisory Council 3748.20 5098
Reclamation Commission 1513.05 5099
Reclamation Forfeiture Fund Advisory Board 1513.182 5100
Recreation and Resources Commission 1501.04 5101
Recycling and Litter Prevention Advisory Council 1502.04 5102
School and Ministerial Lands Divestiture Committee 501.041 5103
Savings and Loan Association and Savings Banks Board 1181.16 5104
School Employees Health Care Board 9.901 5105
School Funding Advisory Council 3306.29 5106
Second Chance Trust Fund Advisory Committee 2108.35 5107
Service Coordination Workgroup Section 751.20, H.B. 1, 128th G.A. 5108
Small Business Stationary Source Technical and Environmental Compliance Assistance Council 3704.19 5109
Solid Waste Management Advisory Council 3734.51 5110
Special Commission to Consider the Suspension of Local Government Officials 3.16 5111
Speed to Scale Task Force Section 375.60.80, H.B. 119, 128th G.A. 5112
State Agency Coordinating Group 1521.19 5113
State Audit Committee 126.46 5114
State Council of Uniform State Laws 105.21 - 105.27 5115
State Criminal Sentencing Commission 181.21 - 181.26 5116
State Fire Commission 3737.81 5117
State Library Board 3375.01 5118
State Victims Assistance Advisory Committee 109.91(B) and (C) 5119
Statewide Consortium of County Law Library Resource Boards 3375.481 5120
STEM Committee 3326.02 5121
Student Tuition Recovery Authority 3332.081 5122
Sunset Review Committee 101.84 - 101.87 5123
Tax Credit Authority 122.17(M) 5124
Technical Advisory Committee to Assist Director of the Ohio Coal Development Office 1551.35 5125
Technical Advisory Council on Oil and Gas 1509.38 5126
Transportation Review Advisory Council 5512.07 - 5512.09 5127
Unemployment Compensation Advisory Council 4141.08 5128
Unemployment Compensation Review Commission 4141.06 5129
Unified Long-Term Care Budget Work group Section 209.40, Am. Sub. H.B. 1, 128th G.A. 5130
Veterans Advisory Committee 5902.02(K) 5131
Volunteer Fire Fighters' Dependents Fund Boards (private volunteer) 146.02 - 146.06 5132
Volunteer Fire Fighters' Dependents Fund Boards (public) 146.02 - 146.06 5133
Water and Sewer Commission 1525.11(C) 5134
Waterways Safety Council 1547.73 5135
Wildlife Council 1531.03 - 1531.05 5136
Workers' Compensation Board of Directors Nominating Committee 4121.123 5137

       Section 4.  That sections 101.82, 101.83, 101.84, 101.85, 5138
101.86, and 101.87 of the Revised Code are hereby repealed on 5139
December 31, 2016. 5140

       Section 4.01.  That section 101.38 of the Revised Code is 5141
hereby repealed on December 31, 2011.5142

       Section 4.10. That Section 20 of Am. Sub. H.B. 554 of the 5143
127th General Assembly be amended to read as follows:5144

       Sec. 20. The amendments to section 184.02 that add the cross 5145
references to sections 184.25 and 184.26 and enactments of 5146
sections 184.23, 184.231, 184.24, 184.25, and 184.26 of the 5147
Revised Code are hereby repealed, effective June 30, 2011.5148

       Section 4.11. That existing Section 20 of Am. Sub. H.B. 554 5149
of the 127th General Assembly is hereby repealed.5150

       Section 4.12. The intent of the repeal of sections 184.23 and 5151
184.231 of the Revised Code and the amendment of Section 20 of Am. 5152
Sub. H.B. 554 of the 127th General Assembly is to extinguish 5153
sections 184.23 and 184.231 of the Revised Code on the effective 5154
date of this act.5155

       Section 4.25. That Section 15.02 of Am. Sub. H.B. 640 of the 5156
123rd General Assembly be amended to read as follows:5157

Appropriations

       Sec. 15.02. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES5158

CAP-773 Governor's Residence Renovations $ 81,963 5159
CAP-824 State Real Estate Inventory Program $ 400,000 5160
CAP-826 Surface Road Building Renovations $ 557,500 5161
CAP-827 Statewide Communications System $ 130,614,500 5162
CAP-835 Energy Conservation Projects $ 2,750,000 5163
CAP-850 Renovation of Old ODOT Building $ 590,580 5164
CAP-852 North High Building Complex Renovations $ 7,000,000 5165
CAP-855 Office Space Planning $ 150,000 5166
CAP-856 Governor's Residence Security Upgrade $ 206,700 5167
CAP-858 Lausche Building Improvements Planning $ 50,000 5168
CAP-861 Facilities Master Plan State Schools for the Blind and Deaf $ 250,000 5169
Total Department of Administrative Services $ 142,651,243 5170

       MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM5171

       There is hereby continued a Multi-Agency Radio Communications 5172
System (MARCS) Steering Committee consisting of the designees of 5173
the Directors of Administrative Services, Public Safety, Natural 5174
Resources, Transportation, Rehabilitation and Correction, and 5175
Budget and Management. The Director of Administrative Services or 5176
the director's designee shall chair the committee. The committee 5177
shall provide assistance to the Director of Administrative 5178
Services for effective and efficient implementation of the MARCS 5179
system as well as develop policies for the ongoing management of 5180
the system. Upon dates prescribed by the Directors of 5181
Administrative Services and Budget and Management, the MARCS 5182
Steering Committee shall report to the directors as to the 5183
progress of MARCS implementation and the development of policies 5184
related to the system.5185

       The foregoing appropriation item CAP-827, Statewide 5186
Communications System, shall be used to purchase or construct the 5187
components of the Multi-Agency Radio Communications System (MARCS) 5188
that are not specific to any one agency. The equipment may 5189
include, but is not limited to, multi-agency equipment at the 5190
Emergency Operations Center/Joint Dispatch Facility, computer and 5191
telecommunication equipment used for the functioning and 5192
integration of the system, communications towers, tower sites, and 5193
tower equipment, and linkages among towers and between towers and 5194
the State of Ohio Network for Integrated Communication (SONIC) 5195
system. The Director of Administrative Services shall, with the 5196
concurrence of the MARCS Steering Committee, determine the 5197
specific use of funds.5198

       Spending from this appropriation item shall not be subject to 5199
the requirements of Chapters 123. and 153. of the Revised Code.5200

       ENERGY CONSERVATION PROJECTS5201

       The foregoing appropriation item CAP-835, Energy Conservation 5202
Projects, shall be used to perform energy conservation 5203
renovations, including the United States Environmental Protection 5204
Agency's Greenlights Program, in state-owned facilities. Prior to 5205
the release of funds for renovation, state agencies shall have 5206
performed a comprehensive energy audit for each project. The 5207
Department of Administrative Services shall review and approve 5208
proposals from state agencies to use these funds for energy 5209
conservation. 5210

       Public school districts and state-supported and 5211
state-assisted institutions of higher education are not eligible 5212
for funding from this item. 5213

       FACILITIES MASTER PLAN FOR THE STATE SCHOOLS FOR THE BLIND 5214
AND DEAF5215

       The foregoing appropriation item CAP-861, Facilities Master 5216
Plan for the State Schools for the Blind and Deaf, shall be used 5217
by the Department of Administrative Services to prepare a 5218
facilities master plan for the Ohio State School for the Deaf and 5219
the Ohio State School for the Blind. The master plan shall be 5220
completed before June 30, 2001, and shall be submitted to the 5221
Governor and the General Assembly.5222

       Section 4.26. That existing Section 15.02 of Am. Sub. H.B. 5223
640 of the 123rd General Assembly is hereby repealed.5224

       Section 5.01. That Section 203 of Am. Sub. H.B. 15 of the 5225
128th General Assembly be amended to read as follows:5226

       Sec. 203. WCC WORKERS' COMPENSATION COUNCIL5227

5FV0 321600 Remuneration Expenses $ 471,200 $ 471,200 0 5228
TOTAL 5FV0 Workers' Compensation Council Remuneration Fund $ 471,200 $ 471,200 0 5229
TOTAL ALL BUDGET FUND GROUPS $ 471,200 $ 471,200 0 5230

       WORKERS' COMPENSATION COUNCIL5231

       The foregoing appropriation item 321600, Remuneration 5232
Expenses, shall be used to pay the payroll and fringe benefit 5233
costs for employees of the Workers' Compensation Council.5234

       Between July 1, 2009, and December 31, 2009, the 5235
Administrator of Workers' Compensation shall direct the Treasurer 5236
of State to transfer $325,000 in cash from the Workers' 5237
Compensation Fund (Fund 7023) to the Workers' Compensation Council 5238
Fund, created in division (C) of section 4121.79 of the Revised 5239
Code, in three installments. These transfers shall be made 5240
according to a schedule agreed to by the Director of the Workers' 5241
Compensation Council and the Administrator of Workers' 5242
Compensation.5243

       If the Workers' Compensation Council contracts with an 5244
independent actuary to have that actuary perform an actuarial 5245
valuation as described in division (A)(1) of Section 512.45 of Am. 5246
Sub. H.B. 100 of the 127th General Assembly as amended by this 5247
act, or a review as described in division (A)(2), (3), or (4) of 5248
Section 512.45 of Am. Sub. H.B. 100 of the 127th General Assembly 5249
as amended by this act, on or before January 31, 2011, the 5250
Director of the Workers' Compensation Council shall request the 5251
funds necessary to cover the expenses of the valuation or review, 5252
which amount shall not exceed $650,000, from the Administrator of 5253
Workers' Compensation. The Administrator shall direct the 5254
Treasurer of State to transfer the amount requested by the 5255
Director from the Workers' Compensation Fund (Fund 7023) to the 5256
Workers' Compensation Council Fund created in division (C) of 5257
section 4121.79 of the Revised Code. The Director and 5258
Administrator shall agree to a schedule for the transfer of these 5259
funds.5260

       (A) The General Assembly shall review the Workers' 5261
Compensation Council and its funding.5262

       (B) On the effective date of this amendment, or as soon as 5263
possible thereafter, the Director of Budget and Management shall 5264
transfer the remaining unencumbered cash balance in the Workers' 5265
Compensation Council Remuneration Fund (Fund 5FV0) to the Workers' 5266
Compensation Fund (Fund 7023). Upon completion of the transfer, 5267
the Workers' Compensation Council Remuneration Fund is abolished.5268

       (C)(1) On the effective date of this amendment, or as soon as 5269
possible thereafter, the Treasurer of State shall transfer the 5270
remaining unencumbered cash balance in the Workers' Compensation 5271
Council Fund created in division (C) of section 4121.79 of the 5272
Revised Code to Fund 7023. Upon completion of the transfer, the 5273
Workers' Compensation Council Fund is abolished.5274

       (2) As soon as possible after the Workers' Compensation 5275
Council Fund has been abolished, the Administrator of Workers' 5276
Compensation shall refund to employers any such unexpended, 5277
unencumbered amounts that were originally collected as an 5278
assessment for costs attributable to the activities of the 5279
Workers' Compensation Council.5280

       Section 5.02. That existing Section 203 of Am. Sub. H.B. 15 5281
of the 128th General Assembly is hereby repealed.5282

       Section 5.05. That Section 513.03 of Am. Sub. H.B. 66 of the 5283
126th General Assembly, as amended by Am. Sub. H.B. 100 of the 5284
126th General Assembly, be amended to read as follows:5285

       Sec. 513.03. (A) Notwithstanding any provision of law to the 5286
contrary and during the period beginning July 1, 2005, and ending 5287
May 1, 2006, or the effective date of H.B. 397 of the 126th 5288
General Assembly, whichever is earlier, the Director of 5289
Environmental Protection or a board of health as defined in 5290
section 3714.01 of the Revised Code shall not issue a license to 5291
open a new construction and demolition debris facility under 5292
Chapter 3714. of the Revised Code and rules adopted under it. 5293
Except as otherwise provided in this division, the moratorium 5294
established by this division applies both with respect to an 5295
application for a license to open a new construction and 5296
demolition debris facility that is submitted on or after the 5297
effective date of this section and to an application for such a 5298
license that has been submitted to the Director or a board of 5299
health prior to the effective date of this section, but concerning 5300
which a license for a facility has not been issued as of that 5301
effective date.5302

       The board of county commissioners of a county may request the 5303
Director or a board of health to continue to process an 5304
application for a license to open a new construction and 5305
demolition debris facility in that county that has been submitted 5306
to the Director or board of health prior to the effective date of 5307
this section. After receiving such a request from a board of 5308
county commissioners, the Director or board of health may then 5309
issue a license for the new construction and demolition debris 5310
facility notwithstanding the moratorium established by this 5311
division.5312

       The moratorium established by this division does not apply to 5313
a license for a new construction and demolition debris facility if 5314
the new facility will be located adjacent or contiguous to a 5315
previously licensed construction and demolition debris facility. 5316
The moratorium also does not apply to an expansion of or other 5317
modification to an existing licensed construction and demolition 5318
debris facility.5319

       (B) The moratorium established by division (A) of this 5320
section does not apply to an application for a license to 5321
establish a construction and demolition debris facility pending 5322
before a board of health or the Director of Environmental 5323
Protection, as applicable, prior to July 1, 2005, and such an 5324
application shall be reviewed and the license shall be issued or 5325
denied in accordance with Chapter 3714. of the Revised Code, if 5326
all of the following apply to the applicant for the license:5327

        (1) The applicant has acquired an interest in the property on 5328
which the facility will be located on or before May 1, 2005.5329

        (2) The applicant has begun a hydrogeologic investigation 5330
pursuant to section 3745-400-09 of the Ohio Administrative Code 5331
prior to submitting the application.5332

        (3) The applicant has begun the engineering plans for the 5333
facility prior to submitting the application.5334

       (4) The application submitted by the applicant would have 5335
been determined to be complete if the moratorium had not been in 5336
effect.5337

        The director shall determine whether this division applies to 5338
an applicant within forty-five days after receiving an applicant's 5339
request for a determination under this division.5340

       (C)(1) There is hereby created the Construction and 5341
Demolition Debris Facility Study Committee composed of the 5342
following thirteen members:5343

       (a) Three members of the House of Representatives appointed 5344
by the Speaker of the House of Representatives;5345

       (b) Three members of the Senate appointed by the President of 5346
the Senate;5347

       (c) The Director of Environmental Protection or the 5348
Director's designee;5349

       (d) One member representing health districts in the state 5350
appointed by the Governor;5351

       (e) Three members representing the construction and 5352
demolition debris industry in the state appointed by the Governor, 5353
one of whom shall be the owner of both a construction and 5354
demolition debris facility and a solid waste disposal facility;5355

       (f) Two members representing environmental consulting 5356
organizations or firms in the state appointed by the Governor.5357

       Appointments shall be made to the Committee not later than 5358
fifteen days after the effective date of this section. Members of 5359
the Committee shall not receive compensation for their service on 5360
the Committee and shall not receive reimbursement for expenses 5361
incurred related to that service.5362

       (2) The Committee shall study the laws of this state 5363
governing construction and demolition debris facilities and the 5364
rules adopted under those laws and shall make recommendations to 5365
the General Assembly regarding changes to those laws including, 5366
but not limited to, recommendations concerning the following 5367
topics:5368

       (a) The establishment of a code of ethics for owners and 5369
operators of construction and demolition debris facilities;5370

       (b) The establishment of best management practices;5371

       (c) Licensing requirements;5372

       (d) Testing and monitoring requirements and protocols;5373

       (e) Siting and setback criteria for construction and 5374
demolition debris facilities;5375

       (f) State and local oversight and regulatory authority;5376

       (g) Fees;5377

       (h) The regulation of construction and demolition debris from 5378
sources inside and outside the state;5379

       (i) The closure process for construction and demolition 5380
debris facilities.5381

       (3) The Committee shall submit a report of its study and any 5382
recommendations that it has developed to the General Assembly not 5383
later than September 30, 2005. The Committee shall cease to exist 5384
on the date on which it submits its report.5385

       The General Assembly shall enact legislation based on the 5386
recommendations of the Committee as soon as is practicable.5387

       Section 5.06. That existing Section 513.03 of Am. Sub. H.B. 5388
66 of the 126th General Assembly, as amended by Am. Sub. H.B. 100 5389
of the 126th General Assembly is hereby repealed.5390

       Section 6. That Section 6 of Am. Sub. H.B. 516 of the 125th 5391
General Assembly is repealed. 5392

       This repeal prevents the repeal of sections 101.82, 101.83, 5393
101.84, 101.85, 101.86, and 101.87 of the Revised Code that was to 5394
be effective on December 31, 2010, and thereby removes this 5395
limitation upon the continued existence of sections 101.82 and 5396
101.87 of the Revised Code and upon the continued existence of 5397
sections 101.83, 101.84, 101.85, and 101.86 of the Revised Code as 5398
presented in Section 1 of this act. The rule of construction that 5399
the repeal of a repealing act does not revive the statute 5400
repealed, which is reflected in section 1.57 of the Revised Code, 5401
does not affect the intent of this section.5402

       Section 7. The following Sections are repealed:5403

       Sections 265.70.20, 309.40.70, and 751.13 of Am. Sub. H.B. 1 5404
of the 128th General Assembly5405

       Sections 755.40, 755.80, and 756.40 of Am. Sub. H.B. 2 of the 5406
128th General Assembly5407

       Section 3 of Sub. H.B. 7 of the 127th General Assembly5408

       Section 555.17 of Am. Sub. H.B. 67 of the 127th General 5409
Assembly5410

       Sections 263.30.30, 337.20.20, 377.20, 737.11, and 737.12 of 5411
Am. Sub. H.B. 119 of the 127th General Assembly5412

       Sections 6 and 7 of Sub. H.B. 125 of the 127th General 5413
Assembly5414

       Section 2 of Sub. H.B. 233 of the 127th General Assembly5415

       Section 3 of Am. H.B. 416 of the 127th General Assembly5416

       Sections 703.30 and 715.50 of Am. Sub. H.B. 562 of the 127th 5417
General Assembly5418

       Section 512.45 of Am. Sub. H.B. 100 of the 127th General 5419
Assembly as amended by Am. Sub. H.B. 15 of the 128th General 5420
Assembly5421

       Section 4 of Am. Sub. S.B. 77 of the 127th General Assembly5422

       Sections 206.10.12, 206.42.12, 206.66.24, 206.66.43, 5423
209.63.58, 503.09, 503.12, and 560.03 of Am. Sub. H.B. 66 of the 5424
126th General Assembly5425

        Sections 3 and 4 of Sub. H.B. 187 of the 126th General 5426
Assembly5427

       Section 1 of Sub. H.B. 371 of the 126th General Assembly5428

       Section 235.60.70 of Am. Sub. H.B. 699 of the 126th General 5429
Assembly5430

       Section 3 of Am. Sub. S.B. 167 of the 126th General Assembly5431

       Section 5 of Am. Sub. S.B. 260 of the 126th General Assembly5432

       Section 3 of Am. Sub. S.B. 311 of the 126th General Assembly5433

       Section 3 of Sub. S.B. 393 of the 126th General Assembly5434

       Sections 12 and 25 of Am. Sub. H.B. 87 of the 125th General 5435
Assembly5436

       Sections 41.35 and 153 of Am. Sub. H.B. 95 of the 125th 5437
General Assembly5438

       Section 3 of Sub. H.B. 204 of the 125th General Assembly5439

       Section 8 of Sub. H.B. 299 of the 125th General Assembly5440

       Section 3 of Am. Sub. S.B. 86 of the 125th General Assembly5441

       Section 5 of Sub. H.B. 57 of the 124th General Assembly5442

       Section 3 of Am. Sub. H.B. 474 of the 124th General Assembly5443

       Section 4 of Am. Sub. S.B. 281 of the 124th General Assembly5444

       Section 701.20 of Am. Sub. H.B. 562 of the 127th General 5445
Assembly, as amended by Am. Sub. H.B. 1 of the 128th General 5446
Assembly5447

       Section 206.66.53 of Am. Sub. H.B. 66 of the 126th General 5448
Assembly, as amended by S.B. 87 of the 126th General Assembly5449

       Section 6 of Sub. H.B. 336 of the 126th General Assembly, as 5450
amended by Am. Sub. S.B. 155 of the 127th General Assembly5451

       Section 755.03 of Am. Sub. H.B. 530 of the 126th General 5452
Assembly, as amended by Am. Sub. H.B. 67 of the 127th General 5453
Assembly5454

       Section 6 of Am. Sub. S.B. 238 of the 126th General Assembly, 5455
as amended by Am. Sub. H.B. 461 of the 126th General Assembly5456

       Section 8 of Am. Sub. S.B. 311 of the 126th General Assembly, 5457
as amended by H.B. 190 of the 127th General Assembly5458

       Section 152 of Am. Sub. H.B. 95 of the 125th General 5459
Assembly, as amended by Am. Sub. S.B. 2 of the 125th General 5460
Assembly5461

       Section 59.29 of Am. Sub. H.B. 95 of the 125th General 5462
Assembly, as amended by Am. Sub. S.B. 189 of the 125th General 5463
Assembly 5464

       Section 69 of H.B. 117 of the 121st General Assembly, as 5465
amended by H.B. 284 of the 121st General Assembly5466

       Section 7.01.  Section 3 of Am. H.B. 416 of the 127th General 5467
Assembly is hereby repealed, effective September 8, 2010.5468

       Section 7.02.  Section 709.10 of Am. Sub. H.B. 1 of the 128th 5469
General Assembly is hereby repealed, effective September 30, 2010.5470

       Section 8.  (A) It is in part the intent of the General 5471
Assembly in enacting this act to implement the report of the 5472
Sunset Review Committee that was created by Am. Sub. H.B. 516 of 5473
the 125th General Assembly. That report is implemented in part as 5474
follows: 5475

       (1) By the abolishment in this act, through amendments to 5476
relevant codified sections of law and through outright repeals of 5477
codified or uncodified sections of law, of numerous agencies, as 5478
defined in section 101.82 of the Revised Code, that were subject 5479
to the Committee's jurisdiction;5480

       (2) By the termination, through amendments to relevant 5481
codified sections of law and through outright repeals of codified 5482
or uncodified sections of law, of several agencies, as defined in 5483
section 101.82 of the Revised Code, that were subject to the 5484
Committee's jurisdiction; 5485

       (3) By the transfer, through the amendment or enactment of 5486
codified or uncodified sections of law, of several agencies, as 5487
defined in section 101.82 of the Revised Code, that were subject 5488
to the Committee's jurisdiction;5489

       (4) By the renewal, through the amendment or enactment of 5490
codified or uncodified sections of law, of the existence of 5491
numerous agencies, as defined in section 101.82 of the Revised 5492
Code, that were subject to the Committee's jurisdiction.5493

       (B) In addition to the means of implementing the Committee's 5494
report mentioned in division (A) of this section, the General 5495
Assembly hereby declares its intent to abolish the Compact with 5496
Ohio Cities Task Force. This entity was subject to the Committee's 5497
jurisdiction, and the Committee declared that it should be 5498
abolished, but no express codified or uncodified source of law for 5499
them was found to exist by the General Assembly.5500

       (C) In addition to the means of implementing the Committee's 5501
report mentioned in division (A) of this section, the General 5502
Assembly hereby declares its intent to renew the Advisory Council 5503
to Select Medicaid Drug Managers. This entity was subject to the 5504
Committee's jurisdiction, and the Committee declared that it 5505
should be renewed, but no express codified or uncodified source of 5506
law for them was found to exist by the General Assembly. 5507

       (D) In addition to the means of implementing the Committee's 5508
report mentioned in division (A) of this section, the General 5509
Assembly hereby declares its intent to abolish the Ohio Teacher 5510
Education and Licensure Advisory Commission. This entity was 5511
subject to the Committee's jurisdiction, and the Committee 5512
declared that it should be abolished, but no express codified or 5513
uncodified source of law for them was found to exist by the 5514
General Assembly.5515

       Section 9. The hospital measures advisory council shall 5516
supersede the group of experts in pediatric medicine and their 5517
members and succeed to and have and perform all the duties, 5518
powers, and obligations pertaining to the duties, powers, and 5519
obligations of the group of experts in pediatric medicine and 5520
their members. All rules, actions, determinations, commitments, 5521
resolutions, decisions, and agreements pertaining to those duties, 5522
powers, obligations, functions, and rights in force or in effect 5523
on the effective date of this section shall continue in force and 5524
effect subject to any further lawful action thereon by the 5525
hospital measures advisory council. Wherever the group of experts 5526
in pediatric medicine are referred to in any provision of law, or 5527
in any agreement or document that pertains to those duties, 5528
powers, obligations, functions, and rights, the reference is to 5529
the hospital measures advisory council.5530

       All authorized obligations and supplements thereto of the 5531
group of experts in pediatric medicine and their members 5532
pertaining to the duties, powers, and obligations transferred are 5533
binding on the hospital measures advisory council, and nothing in 5534
this act impairs the obligations or rights thereunder or under any 5535
contract. The abolition of the group of experts in pediatric 5536
medicine and the transfer of their duties, powers, and obligations 5537
do not affect the validity of agreements or obligations made by 5538
the group of experts in pediatric medicine and their members 5539
pursuant to Chapters 4121., 4123., 4125., 4127., 4131., and 4167. 5540
of the Revised Code or any other provisions of law.5541

       In connection with the transfer of duties, powers, 5542
obligations, functions, and rights and abolition of the group of 5543
experts in pediatric medicine, all real property and interest 5544
therein, documents, books, money, papers, records, machinery, 5545
furnishings, office equipment, furniture, and all other property 5546
over which the group of experts in pediatric medicine have control 5547
pertaining to the duties, powers, and obligations transferred and 5548
the rights of the group of experts in pediatric medicine to 5549
enforce or receive any of the aforesaid is automatically 5550
transferred to the hospital measures advisory council without 5551
necessity for further action on the part of the hospital measures 5552
advisory council. Additionally, all appropriations or 5553
reappropriations made to the group of experts in pediatric 5554
medicine for the purposes of the performance of their duties, 5555
powers, and obligations, are transferred to the hospital measures 5556
advisory council to the extent of the remaining unexpended or 5557
unencumbered balance thereof, whether allocated or unallocated, 5558
and whether obligated or unobligated.5559

       Section 10. The commission on Hispanic-Latino affairs shall 5560
supersede the interagency council on Hispanic-Latino affairs and 5561
its members and succeed to and have and perform all the duties, 5562
powers, and obligations pertaining to the duties, powers, and 5563
obligations of the interagency council on Hispanic-Latino affairs 5564
and its members. All rules, actions, determinations, commitments, 5565
resolutions, decisions, and agreements pertaining to those duties, 5566
powers, obligations, functions, and rights in force or in effect 5567
on the effective date of this section shall continue in force and 5568
effect subject to any further lawful action thereon by the 5569
commission on Hispanic-Latino affairs. Wherever the interagency 5570
council on Hispanic-Latino affairs is referred to in any provision 5571
of law, or in any agreement or document that pertains to those 5572
duties, powers, obligations, functions, and rights, the reference 5573
is to the commission on Hispanic-Latino affairs.5574

       All authorized obligations and supplements thereto of the 5575
interagency council on Hispanic-Latino affairs and its members 5576
pertaining to the duties, powers, and obligations transferred are 5577
binding on the commission on Hispanic-Latino affairs, and nothing 5578
in this act impairs the obligations or rights thereunder or under 5579
any contract. The abolition of the interagency council on 5580
Hispanic-Latino affairs and the transfer of their duties, powers, 5581
and obligations do not affect the validity of agreements or 5582
obligations made by the interagency council on Hispanic-Latino 5583
affairs and its members pursuant to Chapters 4121., 4123., 4125., 5584
4127., 4131., and 4167. of the Revised Code or any other 5585
provisions of law.5586

       In connection with the transfer of duties, powers, 5587
obligations, functions, and rights and abolition of the 5588
interagency council on Hispanic-Latino affairs, all real property 5589
and interest therein, documents, books, money, papers, records, 5590
machinery, furnishings, office equipment, furniture, and all other 5591
property over which the interagency council on Hispanic-Latino 5592
affairs has control pertaining to the duties, powers, and 5593
obligations transferred and the rights of the interagency council 5594
on Hispanic-Latino affairs to enforce or receive any of the 5595
aforesaid is automatically transferred to the commission on 5596
Hispanic-Latino affairs without necessity for further action on 5597
the part of the commission on Hispanic-Latino affairs. 5598
Additionally, all appropriations or reappropriations made to the 5599
interagency council on Hispanic-Latino affairs for the purposes of 5600
the performance of their duties, powers, and obligations, are 5601
transferred to the commission on Hispanic-Latino affairs to the 5602
extent of the remaining unexpended or unencumbered balance 5603
thereof, whether allocated or unallocated, and whether obligated 5604
or unobligated.5605

       Section 11. The early childhood advisory council shall 5606
supersede the early childhood financing workgroup and its members 5607
and succeed to and have and perform all the duties, powers, and 5608
obligations pertaining to the duties, powers, and obligations of 5609
the early childhood financing workgroup and its members. All 5610
rules, actions, determinations, commitments, resolutions, 5611
decisions, and agreements pertaining to those duties, powers, 5612
obligations, functions, and rights in force or in effect on the 5613
effective date of this section shall continue in force and effect 5614
subject to any further lawful action thereon by the early 5615
childhood advisory council. Wherever the early childhood financing 5616
workgroup is referred to in any provision of law, or in any 5617
agreement or document that pertains to those duties, powers, 5618
obligations, functions, and rights, the reference is to the early 5619
childhood advisory council.5620

       All authorized obligations and supplements thereto of the 5621
early childhood financing workgroup and its members pertaining to 5622
the duties, powers, and obligations transferred are binding on the 5623
early childhood advisory council, and nothing in this act impairs 5624
the obligations or rights thereunder or under any contract. The 5625
abolition of the early childhood financing workgroup and the 5626
transfer of their duties, powers, and obligations do not affect 5627
the validity of agreements or obligations made by the early 5628
childhood financing workgroup and its members pursuant to Chapters 5629
4121., 4123., 4125., 4127., 4131., and 4167. of the Revised Code 5630
or any other provisions of law.5631

       In connection with the transfer of duties, powers, 5632
obligations, functions, and rights and abolition of the early 5633
childhood financing workgroup, all real property and interest 5634
therein, documents, books, money, papers, records, machinery, 5635
furnishings, office equipment, furniture, and all other property 5636
over which the early childhood financing workgroup has control 5637
pertaining to the duties, powers, and obligations transferred and 5638
the rights of the early childhood financing workgroup to enforce 5639
or receive any of the aforesaid is automatically transferred to 5640
the early childhood advisory council without necessity for further 5641
action on the part of the early childhood advisory council. 5642
Additionally, all appropriations or reappropriations made to the 5643
early childhood financing workgroup for the purposes of the 5644
performance of their duties, powers, and obligations, are 5645
transferred to the early childhood advisory council to the extent 5646
of the remaining unexpended or unencumbered balance thereof, 5647
whether allocated or unallocated, and whether obligated or 5648
unobligated.5649

       Section 12. The third frontier biomedical and bioproducts 5650
advisory board shall supersede the third frontier biomedical 5651
advisory board and the third frontier bioproducts advisory board 5652
and their members and succeed to and have and perform all the 5653
duties, powers, and obligations pertaining to the duties, powers, 5654
and obligations of the third frontier biomedical advisory board 5655
and the third frontier bioproducts advisory board and their 5656
members. All rules, actions, determinations, commitments, 5657
resolutions, decisions, and agreements pertaining to those duties, 5658
powers, obligations, functions, and rights in force or in effect 5659
on the effective date of this section shall continue in force and 5660
effect subject to any further lawful action thereon by the third 5661
frontier biomedical and bioproducts advisory board. Wherever the 5662
third frontier biomedical advisory board and the third frontier 5663
bioproducts advisory board are referred to in any provision of 5664
law, or in any agreement or document that pertains to those 5665
duties, powers, obligations, functions, and rights, the reference 5666
is to the third frontier biomedical and bioproducts advisory 5667
board.5668

       All authorized obligations and supplements thereto of the 5669
third frontier biomedical advisory board and the third frontier 5670
bioproducts advisory board and their members pertaining to the 5671
duties, powers, and obligations transferred are binding on the 5672
third frontier biomedical and bioproducts advisory board, and 5673
nothing in this act impairs the obligations or rights thereunder 5674
or under any contract. The abolition of the third frontier 5675
biomedical advisory board and the third frontier bioproducts 5676
advisory board and the transfer of their duties, powers, and 5677
obligations do not affect the validity of agreements or 5678
obligations made by the third frontier biomedical advisory board 5679
and the third frontier bioproducts advisory board and their 5680
members pursuant to Chapters 4121., 4123., 4125., 4127., 4131., 5681
and 4167. of the Revised Code or any other provisions of law.5682

       In connection with the transfer of duties, powers, 5683
obligations, functions, and rights and abolition of the third 5684
frontier biomedical advisory board and the third frontier 5685
bioproducts advisory board, all real property and interest 5686
therein, documents, books, money, papers, records, machinery, 5687
furnishings, office equipment, furniture, and all other property 5688
over which the third frontier biomedical advisory board and the 5689
third frontier bioproducts advisory board have control pertaining 5690
to the duties, powers, and obligations transferred and the rights 5691
of the third frontier biomedical advisory board and the third 5692
frontier bioproducts advisory board to enforce or receive any of 5693
the aforesaid is automatically transferred to the third frontier 5694
biomedical and bioproducts advisory board without necessity for 5695
further action on the part of the third frontier biomedical and 5696
bioproducts advisory board. Additionally, all appropriations or 5697
reappropriations made to the third frontier biomedical advisory 5698
board and the third frontier bioproducts advisory board for the 5699
purposes of the performance of their duties, powers, and 5700
obligations, are transferred to the third frontier biomedical and 5701
bioproducts advisory board to the extent of the remaining 5702
unexpended or unencumbered balance thereof, whether allocated or 5703
unallocated, and whether obligated or unobligated.5704

       Section 13. The Ohio quarter horse development commission, 5705
the Ohio standardbred development commission, and the Ohio 5706
thoroughbred racing advisory committee shall cease to exist on the 5707
effective date of this section. The state racing commission shall 5708
perform all the duties, powers, and obligations pertaining to the 5709
duties, powers, and obligations of the Ohio quarter horse 5710
development commission, the Ohio standardbred development 5711
commission, and the Ohio thoroughbred racing advisory committee 5712
and their members. All rules, actions, determinations, 5713
commitments, resolutions, decisions, and agreements pertaining to 5714
those duties, powers, obligations, functions, and rights in force 5715
or in effect on the effective date of this section shall continue 5716
in force and effect subject to any further lawful action thereon 5717
by the state racing commission. Wherever the Ohio quarter horse 5718
development commission, the Ohio standardbred development 5719
commission, or the Ohio thoroughbred racing advisory committee are 5720
referred to in any provision of law, or in any agreement or 5721
document that pertains to those duties, powers, obligations, 5722
functions, and rights, the reference is to the state racing 5723
commission.5724

       All authorized obligations and supplements thereto of the 5725
Ohio quarter horse development commission, the Ohio standardbred 5726
development commission, and the Ohio thoroughbred racing advisory 5727
committee and their members pertaining to the duties, powers, and 5728
obligations transferred are binding on the state racing 5729
commission, and nothing in this act impairs the obligations or 5730
rights thereunder or under any contract. The abolition of the Ohio 5731
quarter horse development commission, the Ohio standardbred 5732
development commission, and the Ohio thoroughbred racing advisory 5733
committee and the transfer of their duties, powers, and 5734
obligations do not affect the validity of agreements or 5735
obligations made by the Ohio quarter horse development commission, 5736
the Ohio standardbred development commission, and the Ohio 5737
thoroughbred racing advisory committee and their members pursuant 5738
to Chapters 4121., 4123., 4125., 4127., 4131., and 4167. of the 5739
Revised Code or any other provisions of law.5740

       In connection with the transfer of duties, powers, 5741
obligations, functions, and rights and abolition of the Ohio 5742
quarter horse development commission, the Ohio standardbred 5743
development commission, and the Ohio thoroughbred racing advisory 5744
committee, all real property and interest therein, documents, 5745
books, money, papers, records, machinery, furnishings, office 5746
equipment, furniture, and all other property over which the Ohio 5747
quarter horse development commission, the Ohio standardbred 5748
development commission, and the Ohio thoroughbred racing advisory 5749
committee have control pertaining to the duties, powers, and 5750
obligations transferred and the rights of the Ohio quarter horse 5751
development commission, the Ohio standardbred development 5752
commission, and the Ohio thoroughbred racing advisory committee to 5753
enforce or receive any of the aforesaid is automatically 5754
transferred to the state racing commission without necessity for 5755
further action on the part of the state racing commission. 5756
Additionally, all appropriations or reappropriations made to the 5757
Ohio quarter horse development commission, the Ohio standardbred 5758
development commission, and the Ohio thoroughbred racing advisory 5759
committee for the purposes of the performance of their duties, 5760
powers, and obligations, are transferred to the state racing 5761
commission to the extent of the remaining unexpended or 5762
unencumbered balance thereof, whether allocated or unallocated, 5763
and whether obligated or unobligated.5764

       Section 14. The sections of law contained in this act, except 5765
as otherwise specifically provided in this act, take effect on the 5766
date that is three months after the date on which this act becomes 5767
law.5768

       Section 15. The following items of law are not subject to the 5769
referendum and, under Ohio Constitution, Article II, Section 1d 5770
and section 1.471 of the Revised Code, take effect immediately 5771
when this act becomes law:5772

       The amendment of sections 127.14, 4121.77, and 4123.342 of 5773
the Revised Code.5774

       The repeal of section 4121.79 of the Revised Code.5775

       The amendment of Section 203 of Am. Sub. H.B. 15 of the 128th 5776
General Assembly.5777

       The repeal of Section 512.45 of Am. Sub. H.B. 100 of the 5778
127th General Assembly as amended by Am. Sub. H.B. 15 of the 128th 5779
General Assembly.5780

       This section.5781

       Section 16. The General Assembly, applying the principle 5782
stated in division (B) of section 1.52 of the Revised Code that 5783
amendments are to be harmonized if reasonably capable of 5784
simultaneous operation, finds that the following sections, 5785
presented in this act as composites of the sections as amended by 5786
the acts indicated, are the resulting versions of the sections in 5787
effect prior to the effective date of the sections as presented in 5788
this act:5789

       Section 4503.52 of the Revised Code as amended by both Am. 5790
Sub. H.B. 210 and Am. Sub. H.B. 224 of the 122nd General Assembly.5791