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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 |
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, | 112 |
2011, shall expire on December 31, | 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 |
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, | 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 | 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 | 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 | 178 |
in the same manner as the original appointment. | 179 |
In the first regular session of the | 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
| 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 | 192 |
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 | 200 |
for review each agency in existence on January 1, | 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 | 208 |
calendar year | 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 |
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, | 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 | 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 | 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 | 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 | 319 |
chairperson and members of the | 320 |
attorney general shall serve at the pleasure of the attorney | 321 |
general. The attorney general shall serve on the | 322 |
until the end of the term of office that qualified the attorney | 323 |
general for membership on 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 | 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 | 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 |
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) | 420 |
421 | |
422 | |
423 | |
424 | |
425 | |
426 | |
427 | |
428 | |
429 | |
430 | |
431 | |
432 | |
433 | |
434 | |
435 | |
436 |
| 437 |
with state agencies the exchange of information relative to the | 438 |
needs of Spanish-speaking people | 439 |
state services to such people.
| 440 |
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, | 489 |
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 | 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 |
549 | |
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 | 553 |
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. | 603 |
No member | 604 |
expiration date of the member's term | 605 |
606 | |
607 | |
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) | 625 |
626 | |
627 | |
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) | 637 |
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 | 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 |
| 685 |
686 | |
687 |
| 688 |
689 |
| 690 |
691 | |
692 |
| 693 |
694 |
| 695 |
696 | |
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 |
703 |
(B) | 704 |
705 | |
706 | |
707 |
| 708 |
| 709 |
| 710 |
| 711 |
| 712 |
713 |
| 714 |
| 715 |
716 | |
717 | |
718 | |
719 | |
720 | |
721 | |
722 |
| 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 | 726 |
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 | 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 |
| 805 |
806 | |
807 | |
808 |
| 809 |
| 810 |
| 811 |
| 812 |
| 813 |
| 814 |
| 815 |
| 816 |
| 817 |
| 818 |
| 819 |
| 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 | 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 | 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 | 928 |
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 | 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) | 1260 |
1261 |
| 1262 |
sections 3312.03 and 3312.05 of the Revised Code; | 1263 |
| 1264 |
under section 3312.02 of the Revised Code; | 1265 |
| 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 |
| 1328 |
1329 | |
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 | 1363 |
program, to students in good standing, as defined by the | 1364 |
1365 | |
1366 | |
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 | 1376 |
1377 | |
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. | 1388 |
1389 | |
1390 | |
1391 | |
1392 | |
1393 | |
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. | 1398 |
1399 | |
1400 | |
1401 | |
1402 | |
1403 | |
1404 | |
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. | 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 |
| 1437 |
1438 | |
1439 | |
1440 | |
1441 | |
1442 | |
1443 | |
1444 | |
1445 | |
1446 | |
1447 | |
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 | 1479 |
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 |
| 1494 |
1495 | |
1496 | |
1497 | |
1498 |
| 1499 |
| 1500 |
1501 |
| 1502 |
1503 |
| 1504 |
| 1505 |
| 1506 |
| 1507 |
1508 | |
1509 | |
1510 | |
1511 |
Sec. 3705.35. Not later than one hundred eighty days after | 1512 |
1513 | |
of health shall | 1514 |
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. | 1536 |
1537 | |
1538 | |
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 |
| 1630 |
1631 | |
1632 | |
1633 | |
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 | 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 | 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 | 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 | 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 | 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 | 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 | 1744 |
1745 | |
regular mail to all fire chiefs and fire protection engineers | 1746 |
known to the
| 1747 |
ascertained by the
| 1748 |
diligence. The | 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
| 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
| 1755 |
additional names. | 1756 |
Sec. 3737.81. (A) There is hereby created the state fire | 1757 |
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 | 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 | 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 | 1790 |
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 | 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 | 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 | 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 | 1804 |
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 | 1807 |
with office space, meeting rooms, staff, and clerical assistance | 1808 |
necessary for the | 1809 |
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 | 1813 |
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 | 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 | 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 | 1850 |
1851 | |
rule until 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 | 1855 |
whichever occurs first. The fire marshal shall consider any | 1856 |
recommendations made by 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 | 1892 |
notice is filed, the | 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 |
1897 | |
the | 1898 |
recommended by the | 1899 |
(C) The state fire | 1900 |
of action to be taken by the fire marshal in carrying out the fire | 1901 |
marshal's duties under this section. The | 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 | 1905 |
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 |
| 2106 |
2107 | |
2108 | |
2109 | |
2110 | |
2111 | |
2112 | |
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
| 2116 |
2117 | |
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 | 2636 |
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 | 2660 |
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 | 2716 |
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 | 2739 |
2740 |
(B) | 2741 |
2742 | |
2743 | |
2744 | |
2745 | |
2746 | |
2747 | |
2748 | |
2749 | |
2750 | |
2751 | |
2752 | |
2753 | |
2754 | |
2755 | |
2756 | |
2757 | |
2758 | |
2759 | |
2760 | |
2761 |
| 2762 |
from the harness tracks conducting races with pari-mutuel | 2763 |
wagering, other than agricultural expositions and fairs, the | 2764 |
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 | 2783 |
holder adds at least twenty-five per cent to the amount allocated | 2784 |
by the | 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 | 2791 |
are available to add aged races without reducing purse levels of | 2792 |
the colt and filly races, the | 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 |
| 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 | 2808 |
2809 |
| 2810 |
2811 | |
2812 | |
2813 | |
2814 | |
2815 | |
2816 | |
2817 | |
2818 | |
2819 | |
2820 | |
2821 | |
2822 | |
2823 | |
2824 | |
2825 | |
2826 | |
2827 | |
2828 |
After a general meeting advertised at least one month in | 2829 |
advance, the | 2830 |
available moneys to one or more stake races and, at the | 2831 |
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 | 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 | 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 | 2930 |
2931 | |
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 | 3141 |
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 | 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, | 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, | 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, | 3322 |
3323 | |
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 |
3329 | |
allocating to all four classes those costs attributable to the | 3330 |
activities of the industrial commission, | 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. | 3342 |
3343 | |
3344 | |
3345 | |
3346 | |
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. | 3354 |
3355 | |
3356 | |
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.
| 3363 |
3364 | |
3365 | |
3366 | |
3367 | |
3368 |
(B) The administrator shall divide the administrative cost | 3369 |
assessments collected by the administrator into | 3370 |
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. | 3374 |
3375 | |
3376 | |
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, | 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 | 3384 |
commission | 3385 |
commission | 3386 |
and the disbursements from the administrative assessment account | 3387 |
for the industrial commission | 3388 |
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 | 3402 |
3403 | |
3404 | |
fund, the industrial commission operating fund of the state | 3405 |
3406 | |
3407 | |
be retained in those funds and applied to reduce the amount | 3408 |
collected during the next biennium. | 3409 |
(D) | 3410 |
3411 | |
3412 | |
3413 | |
3414 | |
3415 |
| 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; and | 3527 |
(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) | 3849 |
3850 | |
3851 | |
3852 | |
3853 | |
3854 | |
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) | 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 | 4133 |
4134 | |
state | 4135 |
4136 | |
4137 | |
4138 | |
4139 | |
4140 | |
4141 | |
4142 | |
4143 |
| 4144 |
4145 | |
4146 | |
4147 | |
4148 | |
4149 | |
4150 | |
4151 | |
4152 | |
4153 | |
4154 | |
4155 | |
4156 | |
4157 | |
4158 | |
4159 | |
4160 | |
4161 | |
4162 |
| 4163 |
4164 | |
4165 | |
4166 | |
4167 | |
4168 | |
4169 | |
4170 | |
4171 |
| 4172 |
4173 | |
4174 | |
4175 | |
4176 | |
4177 | |
4178 | |
4179 | |
4180 | |
4181 |
| 4182 |
4183 | |
4184 | |
division shall maintain accurate copies of the | 4185 |
promulgated in accordance with division (B) of this section and | 4186 |
shall keep all of the | 4187 |
and inspection reports | 4188 |
cost of | 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 |
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 | 4200 |
(C) The authority of the | 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 |
| 4205 |
4206 | |
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 | 4210 |
of commerce, on forms prepared by it, for registration by the | 4211 |
4212 | |
passenger tramways that the applicant intends to operate and other | 4213 |
information as the | 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 | 4228 |
a registration certificate to the operator. Each certificate shall | 4229 |
remain in force until the thirtieth day of September next ensuing. | 4230 |
The | 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 | 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 |
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 | 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 | 4253 |
division for appropriate investigation and order. | 4254 |
Sec. 4169.05. Any person may make a written complaint to the | 4255 |
4256 | |
setting forth an alleged violation of the
| 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 | 4260 |
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 | 4264 |
if it determines that there are reasonable grounds for such an | 4265 |
investigation. | 4266 |
Sec. 4169.06. (A) When facts are presented to | 4267 |
4268 | |
commerce that indicate that immediate danger exists in the | 4269 |
continued operation of a passenger tramway, | 4270 |
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 | 4284 |
facts of the case. If the | 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 | 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 | 4298 |
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 | 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
| 4308 |
division issued pursuant to this chapter within the specified | 4309 |
time, the | 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 |
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 | 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 | 4354 |
registrar shall transmit this contribution to the treasurer of | 4355 |
state for deposit in the Lake Erie protection fund created in | 4356 |
section
| 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 |
4378 | |
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 |
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) | 4470 |
4471 | |
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 | 4496 |
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) | 4541 |
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) | 4572 |
4573 | |
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 | 4612 |
4613 | |
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 |
4675 | |
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 | 4684 |
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 | 4698 |
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 |
| 4775 |
of this section, the state agency whose director has been | 4776 |
designated to administer the Lake Erie protection fund under | 4777 |
section | 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 |
| 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 | 4813 |
in section | 4814 |
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 | 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 | 4854 |
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 | 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 |
| 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 | 4875 |
in section | 4876 |
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 | 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 | 4916 |
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 | 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 | 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 SERVICES | 5158 |
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 |
| 5171 |
| 5172 |
5173 | |
5174 | |
5175 | |
5176 | |
5177 | |
5178 | |
5179 | |
5180 | |
5181 | |
5182 | |
5183 | |
5184 | |
5185 |
| 5186 |
5187 | |
5188 | |
5189 | |
5190 | |
5191 | |
5192 | |
5193 | |
5194 | |
5195 | |
5196 | |
5197 | |
5198 |
| 5199 |
5200 |
ENERGY CONSERVATION PROJECTS | 5201 |
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 DEAF | 5215 |
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 COUNCIL | 5227 |
5FV0 | 321600 | Remuneration Expenses | $ | 471,200 | $ | 5228 | |||||
TOTAL 5FV0 Workers' Compensation Council Remuneration Fund | $ | 471,200 | $ | 5229 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 471,200 | $ | 5230 |
WORKERS' COMPENSATION COUNCIL | 5231 |
| 5232 |
5233 | |
5234 |
| 5235 |
5236 | |
5237 | |
5238 | |
5239 | |
5240 | |
5241 | |
5242 | |
5243 |
| 5244 |
5245 | |
5246 | |
5247 | |
5248 | |
5249 | |
5250 | |
5251 | |
5252 | |
5253 | |
5254 | |
5255 | |
5256 | |
5257 | |
5258 | |
5259 | |
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 |
| 5341 |
5342 | |
5343 |
| 5344 |
5345 |
| 5346 |
5347 |
| 5348 |
5349 |
| 5350 |
5351 |
| 5352 |
5353 | |
5354 | |
5355 |
| 5356 |
5357 |
| 5358 |
5359 | |
5360 | |
5361 | |
5362 |
| 5363 |
5364 | |
5365 | |
5366 | |
5367 | |
5368 |
| 5369 |
5370 |
| 5371 |
| 5372 |
| 5373 |
| 5374 |
5375 |
| 5376 |
| 5377 |
| 5378 |
5379 |
| 5380 |
5381 |
| 5382 |
5383 | |
5384 | |
5385 |
| 5386 |
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 Assembly | 5405 |
Sections 755.40, 755.80, and 756.40 of Am. Sub. H.B. 2 of the | 5406 |
128th General Assembly | 5407 |
Section 3 of Sub. H.B. 7 of the 127th General Assembly | 5408 |
Section 555.17 of Am. Sub. H.B. 67 of the 127th General | 5409 |
Assembly | 5410 |
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 Assembly | 5412 |
Sections 6 and 7 of Sub. H.B. 125 of the 127th General | 5413 |
Assembly | 5414 |
Section 2 of Sub. H.B. 233 of the 127th General Assembly | 5415 |
Section 3 of Am. H.B. 416 of the 127th General Assembly | 5416 |
Sections 703.30 and 715.50 of Am. Sub. H.B. 562 of the 127th | 5417 |
General Assembly | 5418 |
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 |
Assembly | 5421 |
Section 4 of Am. Sub. S.B. 77 of the 127th General Assembly | 5422 |
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 Assembly | 5425 |
Sections 3 and 4 of Sub. H.B. 187 of the 126th General | 5426 |
Assembly | 5427 |
Section 1 of Sub. H.B. 371 of the 126th General Assembly | 5428 |
Section 235.60.70 of Am. Sub. H.B. 699 of the 126th General | 5429 |
Assembly | 5430 |
Section 3 of Am. Sub. S.B. 167 of the 126th General Assembly | 5431 |
Section 5 of Am. Sub. S.B. 260 of the 126th General Assembly | 5432 |
Section 3 of Am. Sub. S.B. 311 of the 126th General Assembly | 5433 |
Section 3 of Sub. S.B. 393 of the 126th General Assembly | 5434 |
Sections 12 and 25 of Am. Sub. H.B. 87 of the 125th General | 5435 |
Assembly | 5436 |
Sections 41.35 and 153 of Am. Sub. H.B. 95 of the 125th | 5437 |
General Assembly | 5438 |
Section 3 of Sub. H.B. 204 of the 125th General Assembly | 5439 |
Section 8 of Sub. H.B. 299 of the 125th General Assembly | 5440 |
Section 3 of Am. Sub. S.B. 86 of the 125th General Assembly | 5441 |
Section 5 of Sub. H.B. 57 of the 124th General Assembly | 5442 |
Section 3 of Am. Sub. H.B. 474 of the 124th General Assembly | 5443 |
Section 4 of Am. Sub. S.B. 281 of the 124th General Assembly | 5444 |
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 |
Assembly | 5447 |
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 Assembly | 5449 |
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 Assembly | 5451 |
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 |
Assembly | 5454 |
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 Assembly | 5456 |
Section 8 of Am. Sub. S.B. 311 of the 126th General Assembly, | 5457 |
as amended by H.B. 190 of the 127th General Assembly | 5458 |
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 |
Assembly | 5461 |
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 Assembly | 5466 |
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 |