As Re-reported by the Senate Judiciary Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 247

Representative Butler 

Cosponsors: Representatives Adams, R., Beck, Grossman, Henne, Huffman, Letson, Murray, Stebelton, Slaby, Bubp, Amstutz, Anielski, Antonio, Blair, Blessing, Boose, Carey, Clyde, Combs, Conditt, Damschroder, Duffey, Foley, Garland, Hackett, Hagan, C., Hall, Hayes, Hill, Lundy, Martin, Milkovich, Newbold, O'Brien, Pelanda, Peterson, Phillips, Rosenberger, Ruhl, Schuring, Sears, Sprague, Szollosi, Thompson, Weddington, Winburn Speaker Batchelder 

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A BILL

To amend sections 181.25, 341.27, 1337.28, 1705.081,

1

2111.121, 2151.85, 2501.03, 2501.14, 2501.15,

2

2503.33, 2947.23, 2949.091, 2953.08, 4713.64,

3

4715.101, 4717.04, 4717.14, 4725.19, 4755.06,

4

4755.11, 4755.411, 4755.47, 4757.10, 4757.36,

5

4776.01, 5322.01, 5322.02, 5322.03, and 5809.031

6

and to enact sections 1901.263, 1905.38, 1907.25,

7

1925.151, 2101.165, 2151.542, 2303.23, 2501.161,

8

2503.18, 4701.30, 4703.53, 4707.33, 4709.27,

9

4712.15, 4713.68, 4715.41, 4717.39, 4719.22,

10

4723.92, 4725.61, 4727.22, 4728.15, 4729.87,

11

4730.54, 4731.95, 4732.32, 4733.28, 4734.57,

12

4735.76, 4736.18, 4737.14, 4738.20, 4740.17,

13

4741.48, 4742.07, 4747.17, 4749.15, 4751.13,

14

4752.20, 4753.16, 4755.71, 4757.45, 4758.72,

15

4759.12, 4760.22, 4761.18, 4762.23, 4763.20,

16

4765.58, 4766.23, 4771.23, 4773.09, 4774.22,

17

4776.20, 4778.25, 4779.34, and 4781.55 of the

18

Revised Code to authorize certain licensing boards

19

to require corrective action courses as a form of

20

discipline for license holders, to establish

21

professional licensing sanctions regarding the

22

crime of human trafficking, to authorize a court

23

to cancel claims for uncollectible amounts due the

24

court, to authorize a sentencing court to waive,

25

suspend, or modify payment of the costs of

26

prosecution, to define "case" in connection with

27

the imposition of costs in a criminal case, to

28

abolish the Felony Sentence Appeal Cost Oversight

29

Committee, to rename the "Chief Justice of the

30

Court of Appeals" the "Chief Judge of the Court of

31

Appeals," to modify the requirements for when the

32

Ohio Supreme Court meets, to make changes to the

33

law in relation to the sale of personal property

34

on which there has been placed a lien by an owner

35

of a self-service storage facility, to provide

36

that a principal in a power of attorney may

37

nominate a guardian of the principal's incompetent

38

adult children, to remove the requirement that the

39

operating agreement of a limited liability company

40

may identify types or categories of activities

41

that do not violate the duty of loyalty only if

42

not manifestly unreasonable, to specify that the

43

operating agreement of a limited liability company

44

may not eliminate the duty of care but may

45

prescribe the standards by which the duty is to be

46

measured, to modify the restrictions on the

47

operating agreement of a limited liability company

48

with respect to the obligation of good faith and

49

the duties of a manager, to make other clarifying

50

changes to provisions contained in Sub. H.B. 48

51

and Sub. S.B. 117 of the 129th General Assembly,

52

to expressly authorize a county to establish a

53

program for prisoners in the county's correctional

54

facility to work outside the facility, to make a

55

conforming change related to Am. H.B. 63 of the

56

129th General Assembly, and to clarify the entity

57

that prescribes forms under R.C. 2151.85.

58

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

Section 1. That sections 181.25, 341.27, 1337.28, 1705.081,	59
2111.121, 2151.85, 2501.03, 2501.14, 2501.15, 2503.33, 2947.23,	60
2949.091, 2953.08, 4713.64, 4715.101, 4717.04, 4717.14, 4725.19,	61
4755.06, 4755.11, 4755.411, 4755.47, 4757.10, 4757.36, 4776.01,	62
5322.01, 5322.02, 5322.03, and 5809.031 be amended and sections	63
1901.263, 1905.38, 1907.25, 1925.151, 2101.165, 2151.542, 2303.23,	64
2501.161, 2503.18, 4701.30, 4703.53, 4707.33, 4709.27, 4712.15,	65
4713.68, 4715.41, 4717.39, 4719.22, 4723.92, 4725.61, 4727.22,	66
4728.15, 4729.87, 4730.54, 4731.95, 4732.32, 4733.28, 4734.57,	67
4735.76, 4736.18, 4737.14, 4738.20, 4740.17, 4741.48, 4742.07,	68
4747.17, 4749.15, 4751.13, 4752.20, 4753.16, 4755.71, 4757.45,	69
4758.72, 4759.12, 4760.22, 4761.18, 4762.23, 4763.20, 4765.58,	70
4766.23, 4771.23, 4773.09, 4774.22, 4776.20, 4778.25, 4779.34, and	71
4781.55 of the Revised Code be enacted to read as follows:	72

Sec. 181.25.  (A) If the comprehensive criminal sentencing	73
structure that it recommends to the general assembly pursuant to	74
section 181.24 of the Revised Code or any aspects of that	75
sentencing structure are enacted into law, the state criminal	76
sentencing commission shall do all of the following:	77

(1) Assist the general assembly in the implementation of	78
those aspects of the sentencing structure that are enacted into	79
law;	80

(2) Monitor the operation of the aspects of the sentencing	81
structure that are enacted into law and report to the general	82
assembly no later than January 1, 1997, and biennially thereafter,	83
on all of the following matters:	84

(a) The impact of the sentencing structure in effect on and	85
after July 1, 1996, on political subdivisions and other relevant	86
aspects of local government in this state, including all of the	87
following information:	88

(i) The number and type of offenders who were being	89
imprisoned in a state correctional institution under the law in	90
effect prior to July 1, 1996, but who are being punished under a	91
community control sanction, as defined in section 2929.01 of the	92
Revised Code, under the law in effect on and after July 1, 1996;	93

(ii) The fiscal and other impact of the law in effect on and	94
after July 1, 1996, on political subdivisions and other relevant	95
aspects of local government in this state, including law	96
enforcement agencies, the court system, prosecutors, as defined in	97
section 2935.01 of the Revised Code, the public defender and	98
assigned counsel system, jails and workhouses, probation	99
departments, the drug and alcohol abuse intervention and treatment	100
system, and the mental health intervention and treatment system.	101

(b) The impact of the sentencing structure in effect on and	102
after July 1, 1996, on the population of state correctional	103
institutions, including information regarding the number and types	104
of offenders who are being imprisoned under the law in effect on	105
and after July 1, 1996, and the amount of space in state	106
correctional institutions that is necessary to house those	107
offenders;	108

(c) The impact of the sentencing structure and the sentence	109
appeal provisions in effect on and after July 1, 1996, on the	110
appellate courts of this state, including information regarding	111
the number of sentence-based appeals, the cost of reviewing	112
appeals of that nature, whether a special court should be created	113
to review sentences, and whether changes should be made to ensure	114
that sentence-based appeals are conducted expeditiously.	115

(3) Review all bills that are introduced in the general	116
assembly that provide for new criminal offenses or that change the	117
penalty for any criminal offense, determine if those bills are	118
consistent with the sentencing policy adopted under division (B)	119
of section 181.23 of the Revised Code, determine the impact of	120
those bills upon the correctional resources of the state, and	121
recommend to the general assembly any necessary amendments to	122
those bills. When the commission recommends any amendment for a	123
bill before the general assembly, it shall do so in a manner that	124
is consistent with the requirements of section 181.24 of the	125
Revised Code.	126

(4) Study criminal sentencing structures in this state, other	127
states, and the federal government, recommend necessary changes to	128
the sentencing structure of the state, and determine the costs and	129
effects of any proposed changes in the sentencing structure of the	130
state;	131

(5) Collect and maintain data that pertains to the cost to	132
counties of the felony sentence appeal provisions set forth in	133
section 2953.08 of the Revised Code, of the postconviction relief	134
proceeding provisions set forth in division (A)(2) of section	135
2953.21 of the Revised Code, and of appeals from judgments entered	136
in such postconviction relief proceedings. The data so collected	137
and maintained shall include, but shall not be limited to, the	138
increase in expenses that counties experience as a result of those	139
provisions and those appeals and the number of felony sentence	140
appeals made, postconviction relief proceedings filed, and appeals	141
of postconviction relief proceeding judgments made in each county	142
under those provisions. The commission periodically shall provide	143
to the felony sentence appeal cost oversight committee, in	144
accordance with division (I) of section 2953.08 of the Revised	145
Code, all data the commission collects pursuant to this division.	146

(B) In addition to its duties set forth in section 181.24 of	147
the Revised Code and division (A) of this section, the state	148
criminal sentencing commission shall review all forfeiture	149
statutes in Titles XXIX and XLV of the Revised Code and, not later	150
than July 1, 2002, recommend to the general assembly any necessary	151
changes to those statutes.	152

Sec. 341.27.  (A) As used in this section:

153

(1) "County correctional facility" has the same meaning as in	154
section 341.42 of the Revised Code.	155

(2) "County correctional officer" has the same meaning as in	156
section 341.41 of the Revised Code.	157

(B) The sheriff and board of county commissioners of any	158
county jointly may establish in writing a prisoner work program	159
pursuant to which prisoners and adult offenders confined in a	160
county correctional facility under control of the county work	161
outside of the facility in a work detail administered by the	162
facility. A program established under this division shall be	163
separate from and independent of any program or camp established	164
under section 341.31, 5147.28, or 5147.30 of the Revised Code or	165
under any other provision of the Revised Code. A sheriff and board	166
of county commissioners that jointly establish a program under	167
this division shall specify rules for the operation of the	168
program. The rules shall include, but are not limited to, rules	169
that provide the following:	170

(1) That no prisoner or adult offender confined in the	171
facility under a charge of, or a sentence imposed for, an offense	172
of violence may be assigned to a work detail under the program;	173

(2) That no prisoner or adult offender may be assigned to a	174
work detail under the program unless the prisoner or adult	175
offender volunteers for the work detail;	176

(3) That no prisoner or adult offender under supervisory	177
authority of the adult parole authority may be assigned to a work	178
detail under the program.	179

(C) If all the prisoners or adult offenders working on a work	180
detail administered by a county correctional facility and outside	181
the facility have volunteered for the work detail and are	182
imprisoned or reside in that facility for an offense other than a	183
felony of the first or second degree and if the applicable county	184
correctional officer complies with division (C)(D) of this	185
section, both of the following apply:	186

(1) No sheriff, deputy sheriff, or county correctional	187
officer is liable for civil damages for injury, death, or loss to	188
person or property caused or suffered by a prisoner or adult	189
offender working on the work detail unless the injury, death, or	190
loss results from malice or wanton or reckless misconduct of the	191
sheriff, deputy sheriff, or county correctional officer.	192

(2) The county in which the prisoners or adult offenders work	193
on the work detail and that employs the sheriff, deputy sheriff,	194
or county correctional officer is not liable for civil damages for	195
injury, death, or loss to person or property caused or suffered by	196
a prisoner or adult offender working on the work detail unless the	197
injury, death, or loss results from malice or wanton or reckless	198
misconduct of the sheriff or any deputy sheriff or county	199
correctional officer.	200

(C)(D) To qualify for the immunity described in division	201
(B)(C)(1) of this section regarding a work detail, a county	202
correctional officer, prior to having the prisoners or adult	203
offenders of the county correctional facility, work outside the	204
facility on the work detail, shall inform each prisoner or adult	205
offender on the work detail of the provisions of this section,	206
including notifying the prisoner or adult offender that, by	207
volunteering for the work detail, the prisoner or adult offender	208
cannot hold the sheriff, deputy sheriff, or county correctional	209
officer or the county liable for civil damages for injury, death,	210
or loss to person or property unless the injury, death, or loss	211
results from malice or wanton or reckless misconduct of the	212
sheriff, deputy sheriff, or county correctional officer.	213

Sec. 1337.28.  (A) In a power of attorney, a principal may	214
nominate a guardian of the principal's person, estate, or both and	215
may nominate a guardian of the person, the estate, or both of one	216
or more of the principal's minor children or incompetent adult	217
children, whether born at the time of the execution of the power	218
of attorney or afterward. The nomination is for consideration by a	219
court if proceedings for the appointment of a guardian for the	220
principal's person, estate, or both or if proceedings for the	221
appointment of a guardian of the person, the estate, or both of	222
one or more of the principal's minor children or incompetent adult	223
children are commenced at a later time. The principal may	224
authorize the person nominated as guardian or the agent to	225
nominate a successor guardian for consideration by a court. Except	226
for good cause shown or disqualification, the court shall make its	227
appointment in accordance with the principal's most recent	228
nomination. Nomination of a person as a guardian or successor	229
guardian of the person, the estate, or both of one or more of the	230
principal's minor children or incompetent adult children under	231
this division, and any subsequent appointment of the guardian or	232
successor guardian as guardian under section 2111.02 of the	233
Revised Code, does not vacate the jurisdiction of any other court	234
that previously may have exercised jurisdiction over the person of	235
the minor or incompetent adult child.	236

(B) The principal may direct that bond be waived for a person	237
nominated as guardian or as a successor guardian.	238

(C) If, after a principal executes a power of attorney, a	239
court appoints a guardian of the principal's estate or other	240
fiduciary charged with the management of some or all of the	241
principal's property, the agent is accountable to the fiduciary as	242
well as to the principal. The power of attorney is not terminated	243
and the agent's authority continues unless limited, suspended, or	244
terminated by the court after notice to the agent and upon a	245
finding that the limitation, suspension, or termination would be	246
in the best interest of the principal.	247

(D) A power of attorney that contains the nomination of a	248
person to be the guardian of the person, the estate, or both of	249
one or more of the principal's minor children or incompetent adult	250
children under this division may be filed with the probate court	251
for safekeeping, and the probate court shall designate the	252
nomination as the nomination of a standby guardian.	253

(E) As used in this section, "incompetent" has the same	254
meaning as in section 2111.01 of the Revised Code.	255

Sec. 1705.081. (A) Except as otherwise provided in division	256
(B) of this section, an operating agreement governs relations	257
among members and between members, any managers, and the limited	258
liability company. A limited liability company is bound by the	259
operating agreement of its member or members whether or not the	260
limited liability company executes the operating agreement. To the	261
extent the operating agreement does not otherwise provide, this	262
chapter governs relations among the members and between the	263
members, any managers, and the limited liability company.	264

(B) The operating agreement may not do any of the following:

265

(1) Vary the rights and duties under section 1705.04 of the	266
Revised Code;	267

(2) Unreasonably restrict the right of access to books and	268
records under section 1705.22 of the Revised Code;	269

(3) Eliminate the duty of loyalty under division (C) of	270
section 1705.161 of the Revised Code or division (B) of section	271
1705.281 of the Revised Code, but the operating agreement may	272
identify specific types or categories of activities that do not	273
violate the duty of loyalty if not manifestly unreasonable, and	274
all of the members or a number or percentage of members specified	275
in the operating agreement may authorize or ratify, after full	276
disclosure of all material facts, a specific act or transaction	277
that otherwise would violate the duty of loyalty;	278

(4) Unreasonably reduceEliminate the duty of care under	279
division (C) of section 1705.161 of the Revised Code or division	280
(C) of section 1705.281 of the Revised Code, but the operating	281
agreement may prescribe the standards by which the duty is to be	282
measured;	283

(5) Eliminate the obligation of good faith and fair dealing	284
under division (D) of section 1705.281 of the Revised Code, but	285
the operating agreement may prescribe the standards by which the	286
performance of the obligation is to be measured if the standards	287
are not manifestly unreasonable;	288

(6) Eliminate the duties of a manager under division (B) of	289
section 1705.29 of the Revised Code, but the operating agreement	290
may prescribe in writing the standards by which performance is to	291
be measured or specify types or categories ofidentify activities	292
that do not violate the manager's duties in each case if not	293
manifestly unreasonable;	294

(7) Vary the requirement to wind up the limited liability	295
company's business in cases specified in division (A) or (B) of	296
section 1705.47 of the Revised Code;	297

(8) Restrict the rights of third parties under this chapter.

298

Sec. 1901.263. If at any time the court finds that an amount	299
owing to the court is due and uncollectible, in whole or in part,	300
the court may direct the clerk of the court to cancel all or part	301
of the claim. The clerk shall then effect the cancellation.	302

Sec. 1905.38. If at any time the court finds that an amount	303
owing to the court is due and uncollectible, in whole or in part,	304
the court may direct the clerk of the court to cancel all or part	305
of the claim. The clerk shall then effect the cancellation.	306

Sec. 1907.25. If at any time the court finds that an amount	307
owing to the court is due and uncollectible, in whole or in part,	308
the court may direct the clerk of the court to cancel all or part	309
of the claim. The clerk shall then effect the cancellation.	310

Sec. 1925.151. If at any time the court finds that an amount	311
owing to the court is due and uncollectible, in whole or in part,	312
the court may direct the clerk of the court to cancel all or part	313
of the claim. The clerk shall then effect the cancellation.	314

Sec. 2101.165. If at any time the court finds that an amount	315
owing to the court is due and uncollectible, in whole or in part,	316
the court may direct the clerk of the court to cancel all or part	317
of the claim. The clerk shall then effect the cancellation.	318

Sec. 2111.121.  (A) A person may nominate in a writing, as	319
described in this division, another person to be the guardian of	320
the nominator's person, estate, or both or the guardian of the	321
person, the estate, or both, of one or more of the nominator's	322
minor or incompetent adult children, whether born at the time of	323
the execution of the writing or afterward, subject to notice and a	324
hearing pursuant to section 2111.02 of the Revised Code. The	325
nomination is for consideration by a court if proceedings for the	326
appointment of a guardian of the person, the estate, or both, for	327
the person making the nomination or if proceedings for the	328
appointment of a guardian as the guardian of the person, the	329
estate, or both of one or more of the nominator's minor or	330
incompetent adult children are commenced at a later time. The	331
person may authorize, in a writing of that nature, the person	332
nominated as guardian to nominate a successor guardian for	333
consideration by a court. The person also may direct, in a writing	334
of that nature, that bond be waived for a person nominated as	335
guardian in it or nominated as a successor guardian in accordance	336
with an authorization in it.	337

To be effective as a nomination, the writing shall be signed	338
by the person making the nomination in the presence of two	339
witnesses; signed by the witnesses; and contain, immediately prior	340
to their signatures, an attestation of the witnesses that the	341
person making the nomination signed the writing in their presence;	342
andor be acknowledged by the person making the nomination before	343
a notary public.	344

(B) If a person has nominated, in a writing as described in	345
division (A) of this section or in a durable power of attorney	346
under section 1337.24 of the Revised Code, another person to be	347
the guardian of the nominator's person, estate, or both, and	348
proceedings for the appointment of a guardian for the person are	349
commenced at a later time, the court involved shall appoint the	350
person nominated as guardian in the writing or durable power of	351
attorney most recently executed if the person nominated is	352
competent, suitable, and willing to accept the appointment. If the	353
writing or durable power of attorney contains a waiver of bond,	354
the court shall waive bond of the person nominated as guardian	355
unless it is of the opinion that the interest of the trust demands	356
it.	357

(C) Nomination of a person as a guardian or successor	358
guardian of the person, the estate, or both of one or more of the	359
nominator's minor or incompetent adult children under division (A)	360
of this section, and any subsequent appointment of the guardian or	361
successor guardian as guardian under section 2111.02 of the	362
Revised Code, does not vacate the jurisdiction of any other court	363
that previously may have exercised jurisdiction over the person of	364
the minor or incompetent adult child.	365

(D) The writing containing the nomination of a person to be	366
the guardian of the person, the estate, or both of one or more of	367
the nominator's minor or incompetent adult children under division	368
(A) of this section may be filed with the probate court for	369
safekeeping, and the probate court shall designate the nomination	370
as the nomination of a standby guardian.	371

Sec. 2151.542. If at any time the court finds that an amount	372
owing to the court is due and uncollectible, in whole or in part,	373
the court may direct the clerk of the court to cancel all or part	374
of the claim. The clerk shall then effect the cancellation.	375

Sec. 2151.85.  (A) A woman who is pregnant, unmarried, under	376
eighteen years of age, and unemancipated and who wishes to have an	377
abortion without the notification of her parents, guardian, or	378
custodian may file a complaint in the juvenile court of the county	379
in which she has a residence or legal settlement,or in the	380
juvenile court of any county that borders to any extent the county	381
in which she has a residence or legal settlement, or in the	382
juvenile court of the county in which the hospital, clinic, or	383
other facility in which the abortion would be performed or induced	384
is located, requesting the issuance of an order authorizing her to	385
consent to the performance or inducement of an abortion without	386
the notification of her parents, guardian, or custodian.	387

The complaint shall be made under oath and shall include all	388
of the following:	389

(1) A statement that the complainant is pregnant;

390

(2) A statement that the complainant is unmarried, under	391
eighteen years of age, and unemancipated;	392

(3) A statement that the complainant wishes to have an	393
abortion without the notification of her parents, guardian, or	394
custodian;	395

(4) An allegation of either or both of the following:

396

(a) That the complainant is sufficiently mature and well	397
enough informed to intelligently decide whether to have an	398
abortion without the notification of her parents, guardian, or	399
custodian;	400

(b) That one or both of her parents, her guardian, or her	401
custodian was engaged in a pattern of physical, sexual, or	402
emotional abuse against her, or that the notification of her	403
parents, guardian, or custodian otherwise is not in her best	404
interest.	405

(5) A statement as to whether the complainant has retained an	406
attorney and, if she has retained an attorney, the name, address,	407
and telephone number of her attorney.	408

(B)(1) The court shall fix a time for a hearing on any	409
complaint filed pursuant to division (A) of this section and shall	410
keep a record of all testimony and other oral proceedings in the	411
action. The court shall hear and determine the action and shall	412
not refer any portion of it to a referee. The hearing shall be	413
held at the earliest possible time, but not later than the fifth	414
business day after the day that the complaint is filed. The court	415
shall enter judgment on the complaint immediately after the	416
hearing is concluded. If the hearing required by this division is	417
not held by the fifth business day after the complaint is filed,	418
the failure to hold the hearing shall be considered to be a	419
constructive order of the court authorizing the complainant to	420
consent to the performance or inducement of an abortion without	421
the notification of her parent, guardian, or custodian, and the	422
complainant and any other person may rely on the constructive	423
order to the same extent as if the court actually had issued an	424
order under this section authorizing the complainant to consent to	425
the performance or inducement of an abortion without such	426
notification.	427

(2) The court shall appoint a guardian ad litem to protect	428
the interests of the complainant at the hearing that is held	429
pursuant to this section. If the complainant has not retained an	430
attorney, the court shall appoint an attorney to represent her. If	431
the guardian ad litem is an attorney admitted to the practice of	432
law in this state, the court also may appoint himthe guardian ad	433
litem to serve as the complainant's attorney.	434

(C)(1) If the complainant makes only the allegation set forth	435
in division (A)(4)(a) of this section and if the court finds, by	436
clear and convincing evidence, that the complainant is	437
sufficiently mature and well enough informed to decide	438
intelligently whether to have an abortion, the court shall issue	439
an order authorizing the complainant to consent to the performance	440
or inducement of an abortion without the notification of her	441
parents, guardian, or custodian. If the court does not make the	442
finding specified in this division, it shall dismiss the	443
complaint.	444

(2) If the complainant makes only the allegation set forth in	445
division (A)(4)(b) of this section and if the court finds, by	446
clear and convincing evidence, that there is evidence of a pattern	447
of physical, sexual, or emotional abuse of the complainant by one	448
or both of her parents, her guardian, or her custodian, or that	449
the notification of the parents, guardian, or custodian of the	450
complainant otherwise is not in the best interest of the	451
complainant, the court shall issue an order authorizing the	452
complainant to consent to the performance or inducement of an	453
abortion without the notification of her parents, guardian, or	454
custodian. If the court does not make the finding specified in	455
this division, it shall dismiss the complaint.	456

(3) If the complainant makes both of the allegations set	457
forth in divisions (A)(4)(a) and (b) of this section, the court	458
shall proceed as follows:	459

(a) The court first shall determine whether it can make the	460
finding specified in division (C)(1) of this section and, if so,	461
shall issue an order pursuant to that division. If the court	462
issues such an order, it shall not proceed pursuant to division	463
(C)(3)(b) of this section. If the court does not make the finding	464
specified in division (C)(1) of this section, it shall proceed	465
pursuant to division (C)(3)(b) of this section.	466

(b) If the court pursuant to division (C)(3)(a) of this	467
section does not make the finding specified in division (C)(1) of	468
this section, it shall proceed to determine whether it can make	469
the finding specified in division (C)(2) of this section and, if	470
so, shall issue an order pursuant to that division. If the court	471
does not make the finding specified in division (C)(2) of this	472
section, it shall dismiss the complaint.	473

(D) The court shall not notify the parents, guardian, or	474
custodian of the complainant that she is pregnant or that she	475
wants to have an abortion.	476

(E) If the court dismisses the complaint, it immediately	477
shall notify the complainant that she has a right to appeal under	478
section 2505.073 of the Revised Code.	479

(F) Each hearing under this section shall be conducted in a	480
manner that will preserve the anonymity of the complainant. The	481
complaint and all other papers and records that pertain to an	482
action commenced under this section shall be kept confidential and	483
are not public records under section 149.43 of the Revised Code.	484

(G) The clerk of the supreme court shall prescribe complaint	485
and notice of appeal forms that shall be used by a complainant	486
filing a complaint under this section and by an appellant filing	487
an appeal under section 2505.073 of the Revised Code. The clerk of	488
each juvenile court shall furnish blank copies of the forms,	489
without charge, to any person who requests them.	490

(H) No filing fee shall be required of, and no court costs	491
shall be assessed against, a complainant filing a complaint under	492
this section or an appellant filing an appeal under section	493
2505.073 of the Revised Code.	494

(I) As used in this section, "unemancipated" means that a	495
woman who is unmarried and under eighteen years of age has not	496
entered the armed services of the United States, has not become	497
employed and self-subsisting, or has not otherwise become	498
independent from the care and control of her parent, guardian, or	499
custodian.	500

Sec. 2303.23. If at any time the court finds that an amount	501
owing to the court is due and uncollectible, in whole or in part,	502
the court may direct the clerk of the court to cancel all or part	503
of the claim. The clerk shall then effect the cancellation.	504

Sec. 2501.03.  The judges of the court of appeals shall meet	505
annually at such time and place within the state as may be set by	506
the chief justicejudge of the court of appeals to organize and to	507
choose one of their members as chief justicejudge and one as	508
secretary for the next judicial year, which shall commence on the	509
first day of January. The judges may adopt rules to govern their	510
organization, the purpose of which is the implementation of the	511
goals of the Ohio judicial conference as set forth in section	512
105.91 of the Revised Code.	513

The judges of the court of appeals, or committees composed of	514
those judges, may meet at such other times and places within this	515
state as may be designated by the chief justicejudge to carry out	516
the purposes of the organization. Annual dues in a reasonable	517
amount may be assessed each member of the organization. Annual	518
dues and the actual and necessary expenses incurred by each judge	519
in attending meetings of the organization shall be reimbursed by	520
the state in the same manner as provided in section 141.10 of the	521
Revised Code.	522

Sec. 2501.14.  When the presiding judge of a district	523
requests that judges of the court of appeals be assigned to hold	524
court with the judges of such district or to hold an additional	525
court in such district, the chief justicejudge of the court of	526
appeals, upon being satisfied that the business of such district	527
requires it, shall assign such judges, as in histhe chief judge's	528
opinion can be assigned without impairing the business of the	529
district from which such assigned judges are selected, to hold	530
court in such district.	531

Sec. 2501.15.  A judge assigned under section 2501.14 of the	532
Revised Code shall be paid histhe judge's actual expenses for	533
each day hethe judge performs judicial duties, including the time	534
necessarily devoted to going to, and returning from, such	535
assignment, and to the examination and decision of cases heard by	536
himthe judge while he is engaged outside the district for which	537
hethe judge was elected. Such expenses shall be paid from	538
appropriations made for this purpose pursuant to the certificate	539
of the chief justicejudge of the court of appeals, or the judge	540
making the assignment.	541

Sec. 2501.161. If at any time the court finds that an amount	542
owing to the court is due and uncollectible, in whole or in part,	543
the court may direct the clerk of the court to cancel all or part	544
of the claim. The clerk shall then effect the cancellation.	545

Sec. 2503.18. If at any time the court finds that an amount	546
owing to the court is due and uncollectible, in whole or in part,	547
the court may direct the clerk of the court to cancel all or part	548
of the claim. The clerk shall then effect the cancellation.	549

Sec. 2503.33.  The chief justice and the judges of the	550
supreme court shall meet at Columbus on the first Tuesday after	551
the first Monday ofin January of each year to hold a term ofand	552
at subsequent times throughout the year as determined by the	553
court.	554

Sec. 2947.23.  (A)(1)(a) In all criminal cases, including	555
violations of ordinances, the judge or magistrate shall include in	556
the sentence the costs of prosecution, including any costs under	557
section 2947.231 of the Revised Code, and render a judgment	558
against the defendant for such costs. At the timeIf the judge or	559
magistrate imposes sentencea community control sanction or other	560
nonresidential sanction, the judge or magistrate, when imposing	561
the sanction, shall notify the defendant of both of the following:	562

(i) If the defendant fails to pay that judgment or fails to	563
timely make payments towards that judgment under a payment	564
schedule approved by the court, the court may order the defendant	565
to perform community service in an amount of not more than forty	566
hours per month until the judgment is paid or until the court is	567
satisfied that the defendant is in compliance with the approved	568
payment schedule.	569

(ii) If the court orders the defendant to perform the	570
community service, the defendant will receive credit upon the	571
judgment at the specified hourly credit rate per hour of community	572
service performed, and each hour of community service performed	573
will reduce the judgment by that amount.	574

(b) The failure of a judge or magistrate to notify the	575
defendant pursuant to division (A)(1)(a) of this section does not	576
negate or limit the authority of the court to order the defendant	577
to perform community service if the defendant fails to pay the	578
judgment described in that division or to timely make payments	579
toward that judgment under an approved payment plan.	580

(2) The following shall apply in all criminal cases:

581

(a) If a jury has been sworn at the trial of a case, the fees	582
of the jurors shall be included in the costs, which shall be paid	583
to the public treasury from which the jurors were paid.	584

(b) If a jury has not been sworn at the trial of a case	585
because of a defendant's failure to appear without good cause or	586
because the defendant entered a plea of guilty or no contest less	587
than twenty-four hours before the scheduled commencement of the	588
trial, the costs incurred in summoning jurors for that particular	589
trial may be included in the costs of prosecution. If the costs	590
incurred in summoning jurors are assessed against the defendant,	591
those costs shall be paid to the public treasury from which the	592
jurors were paid.	593

(B) If a judge or magistrate has reason to believe that a	594
defendant has failed to pay the judgment described in division (A)	595
of this section or has failed to timely make payments towards that	596
judgment under a payment schedule approved by the judge or	597
magistrate, the judge or magistrate shall hold a hearing to	598
determine whether to order the offender to perform community	599
service for that failure. The judge or magistrate shall notify	600
both the defendant and the prosecuting attorney of the place,	601
time, and date of the hearing and shall give each an opportunity	602
to present evidence. If, after the hearing, the judge or	603
magistrate determines that the defendant has failed to pay the	604
judgment or to timely make payments under the payment schedule and	605
that imposition of community service for the failure is	606
appropriate, the judge or magistrate may order the offender to	607
perform community service in an amount of not more than forty	608
hours per month until the judgment is paid or until the judge or	609
magistrate is satisfied that the offender is in compliance with	610
the approved payment schedule. If the judge or magistrate orders	611
the defendant to perform community service under this division,	612
the defendant shall receive credit upon the judgment at the	613
specified hourly credit rate per hour of community service	614
performed, and each hour of community service performed shall	615
reduce the judgment by that amount. Except for the credit and	616
reduction provided in this division, ordering an offender to	617
perform community service under this division does not lessen the	618
amount of the judgment and does not preclude the state from taking	619
any other action to execute the judgment.	620

(C) The court retains jurisdiction to waive, suspend, or	621
modify the payment of the costs of prosecution, including any	622
costs under section 2947.231 of the Revised Code, at the time of	623
sentencing or at any time thereafter.	624

(D) As used in this section, "specified:

625

(1) "Case" means a prosecution of all of the charges that	626
result from the same act, transaction, or series of acts or	627
transactions and that are given the same case type designator and	628
case number under Rule 43 of the Rules of Superintendence for the	629
Courts of Ohio or any successor to that rule.	630

(2) "Specified hourly credit rate" means the wage rate that	631
is specified in 26 U.S.C.A. 206(a)(1) under the federal Fair Labor	632
Standards Act of 1938, that then is in effect, and that an	633
employer subject to that provision must pay per hour to each of	634
the employer's employees who is subject to that provision.	635

Sec. 2949.091.  (A)(1)(a) The court in which any person is	636
convicted of or pleads guilty to any offense shall impose one of	637
the following sums as costs in the case in addition to any other	638
court costs that the court is required by law to impose upon the	639
offender:	640

(i) Thirty dollars if the offense is a felony;

641

(ii) Twenty dollars if the offense is a misdemeanor other	642
than a traffic offense that is not a moving violation;	643

(iii) Ten dollars if the offense is a traffic offense that is	644
not a moving violation, excluding parking violations.	645

(b) All moneys collected pursuant to division (A)(1)(a) of	646
this section during a month shall be transmitted on or before the	647
twentieth day of the following month by the clerk of the court to	648
the treasurer of state and deposited by the treasurer of state to	649
the credit of the indigent defense support fund established under	650
section 120.08 of the Revised Code. The court shall not waive the	651
payment of the additional thirty-, twenty-, or ten-dollar court	652
costs, unless the court determines that the offender is indigent	653
and waives the payment of all court costs imposed upon the	654
indigent offender.	655

(2)(a) The juvenile court in which a child is found to be a	656
delinquent child or a juvenile traffic offender for an act that,	657
if committed by an adult, would be an offense, shall impose one of	658
the following sums as costs in the case in addition to any other	659
court costs that the court is required or permitted by law to	660
impose upon the delinquent child or juvenile traffic offender:	661

(i) Thirty dollars if the offense is a felony;

662

(ii) Twenty dollars if the offense is a misdemeanor other	663
than a traffic offense that is not a moving violation;	664

(iii) Ten dollars if the offense is a traffic offense that is	665
not a moving violation, excluding parking violations.	666

(b) All moneys collected pursuant to division (A)(2)(a) of	667
this section during a month shall be transmitted on or before the	668
twentieth day of the following month by the clerk of the court to	669
the treasurer of state and deposited by the treasurer of state to	670
the credit of the indigent defense support fund established under	671
section 120.08 of the Revised Code. The thirty-, twenty-, or	672
ten-dollar court costs shall be collected in all cases unless the	673
court determines the juvenile is indigent and waives the payment	674
of all court costs, or enters an order on its journal stating that	675
it has determined that the juvenile is indigent, that no other	676
court costs are to be taxed in the case, and that the payment of	677
the thirty-, twenty-, or ten-dollar court costs is waived.	678

(B) Whenever a person is charged with any offense described	679
in division (A)(1) of this section, the court shall add to the	680
amount of the bail the thirty, twenty, or ten dollars required to	681
be paid by division (A)(1) of this section. The thirty, twenty, or	682
ten dollars shall be retained by the clerk of the court until the	683
person is convicted, pleads guilty, forfeits bail, is found not	684
guilty, or has the charges dismissed. If the person is convicted,	685
pleads guilty, or forfeits bail, the clerk shall transmit the	686
thirty, twenty, or ten dollars on or before the twentieth day of	687
the month following the month in which the person was convicted,	688
pleaded guilty, or forfeited bail to the treasurer of state, who	689
shall deposit it to the credit of the indigent defense support	690
fund established under section 120.08 of the Revised Code. If the	691
person is found not guilty or the charges are dismissed, the clerk	692
shall return the thirty, twenty, or ten dollars to the person.	693

(C) No person shall be placed or held in a detention facility	694
for failing to pay the additional thirty-, twenty-, or ten-dollar	695
court costs or bail that are required to be paid by this section.	696

(D) As used in this section:

697

(1) "Moving violation" and "bail" have the same meanings as	698
in section 2743.70 of the Revised Code.	699

(2) "Detention facility" has the same meaning as in section	700
2921.01 of the Revised Code.	701

(3) "Case" has the same meaning as in section 2947.23 of the	702
Revised Code.	703

Sec. 2953.08.  (A) In addition to any other right to appeal	704
and except as provided in division (D) of this section, a	705
defendant who is convicted of or pleads guilty to a felony may	706
appeal as a matter of right the sentence imposed upon the	707
defendant on one of the following grounds:	708

(1) The sentence consisted of or included the maximum prison	709
term allowed for the offense by division (A) of section 2929.14 or	710
section 2929.142 of the Revised Code, the maximum prison term was	711
not required for the offense pursuant to Chapter 2925. or any	712
other provision of the Revised Code, and the court imposed the	713
sentence under one of the following circumstances:	714

(a) The sentence was imposed for only one offense.

715

(b) The sentence was imposed for two or more offenses arising	716
out of a single incident, and the court imposed the maximum prison	717
term for the offense of the highest degree.	718

(2) The sentence consisted of or included a prison term, the	719
offense for which it was imposed is a felony of the fourth or	720
fifth degree or is a felony drug offense that is a violation of a	721
provision of Chapter 2925. of the Revised Code and that is	722
specified as being subject to division (B) of section 2929.13 of	723
the Revised Code for purposes of sentencing, and the court did not	724
specify at sentencing that it found one or more factors specified	725
in divisions (B)(2)(a) to (i) of section 2929.13 of the Revised	726
Code to apply relative to the defendant. If the court specifies	727
that it found one or more of those factors to apply relative to	728
the defendant, the defendant is not entitled under this division	729
to appeal as a matter of right the sentence imposed upon the	730
offender.	731

(3) The person was convicted of or pleaded guilty to a	732
violent sex offense or a designated homicide, assault, or	733
kidnapping offense, was adjudicated a sexually violent predator in	734
relation to that offense, and was sentenced pursuant to division	735
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	736
of the indefinite term imposed pursuant to division (A)(3) of	737
section 2971.03 of the Revised Code is the longest term available	738
for the offense from among the range of terms listed in section	739
2929.14 of the Revised Code. As used in this division, "designated	740
homicide, assault, or kidnapping offense" and "violent sex	741
offense" have the same meanings as in section 2971.01 of the	742
Revised Code. As used in this division, "adjudicated a sexually	743
violent predator" has the same meaning as in section 2929.01 of	744
the Revised Code, and a person is "adjudicated a sexually violent	745
predator" in the same manner and the same circumstances as are	746
described in that section.	747

(4) The sentence is contrary to law.

748

(5) The sentence consisted of an additional prison term of	749
ten years imposed pursuant to division (B)(2)(a) of section	750
2929.14 of the Revised Code.	751

(B) In addition to any other right to appeal and except as	752
provided in division (D) of this section, a prosecuting attorney,	753
a city director of law, village solicitor, or similar chief legal	754
officer of a municipal corporation, or the attorney general, if	755
one of those persons prosecuted the case, may appeal as a matter	756
of right a sentence imposed upon a defendant who is convicted of	757
or pleads guilty to a felony or, in the circumstances described in	758
division (B)(3) of this section the modification of a sentence	759
imposed upon such a defendant, on any of the following grounds:	760

(1) The sentence did not include a prison term despite a	761
presumption favoring a prison term for the offense for which it	762
was imposed, as set forth in section 2929.13 or Chapter 2925. of	763
the Revised Code.	764

(2) The sentence is contrary to law.

765

(3) The sentence is a modification under section 2929.20 of	766
the Revised Code of a sentence that was imposed for a felony of	767
the first or second degree.	768

(C)(1) In addition to the right to appeal a sentence granted	769
under division (A) or (B) of this section, a defendant who is	770
convicted of or pleads guilty to a felony may seek leave to appeal	771
a sentence imposed upon the defendant on the basis that the	772
sentencing judge has imposed consecutive sentences under division	773
(C)(3) of section 2929.14 of the Revised Code and that the	774
consecutive sentences exceed the maximum prison term allowed by	775
division (A) of that section for the most serious offense of which	776
the defendant was convicted. Upon the filing of a motion under	777
this division, the court of appeals may grant leave to appeal the	778
sentence if the court determines that the allegation included as	779
the basis of the motion is true.	780

(2) A defendant may seek leave to appeal an additional	781
sentence imposed upon the defendant pursuant to division (B)(2)(a)	782
or (b) of section 2929.14 of the Revised Code if the additional	783
sentence is for a definite prison term that is longer than five	784
years.	785

(D)(1) A sentence imposed upon a defendant is not subject to	786
review under this section if the sentence is authorized by law,	787
has been recommended jointly by the defendant and the prosecution	788
in the case, and is imposed by a sentencing judge.	789

(2) Except as provided in division (C)(2) of this section, a	790
sentence imposed upon a defendant is not subject to review under	791
this section if the sentence is imposed pursuant to division	792
(B)(2)(b) of section 2929.14 of the Revised Code. Except as	793
otherwise provided in this division, a defendant retains all	794
rights to appeal as provided under this chapter or any other	795
provision of the Revised Code. A defendant has the right to appeal	796
under this chapter or any other provision of the Revised Code the	797
court's application of division (B)(2)(c) of section 2929.14 of	798
the Revised Code.	799

(3) A sentence imposed for aggravated murder or murder	800
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not	801
subject to review under this section.	802

(E) A defendant, prosecuting attorney, city director of law,	803
village solicitor, or chief municipal legal officer shall file an	804
appeal of a sentence under this section to a court of appeals	805
within the time limits specified in Rule 4(B) of the Rules of	806
Appellate Procedure, provided that if the appeal is pursuant to	807
division (B)(3) of this section, the time limits specified in that	808
rule shall not commence running until the court grants the motion	809
that makes the sentence modification in question. A sentence	810
appeal under this section shall be consolidated with any other	811
appeal in the case. If no other appeal is filed, the court of	812
appeals may review only the portions of the trial record that	813
pertain to sentencing.	814

(F) On the appeal of a sentence under this section, the	815
record to be reviewed shall include all of the following, as	816
applicable:	817

(1) Any presentence, psychiatric, or other investigative	818
report that was submitted to the court in writing before the	819
sentence was imposed. An appellate court that reviews a	820
presentence investigation report prepared pursuant to section	821
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	822
connection with the appeal of a sentence under this section shall	823
comply with division (D)(3) of section 2951.03 of the Revised Code	824
when the appellate court is not using the presentence	825
investigation report, and the appellate court's use of a	826
presentence investigation report of that nature in connection with	827
the appeal of a sentence under this section does not affect the	828
otherwise confidential character of the contents of that report as	829
described in division (D)(1) of section 2951.03 of the Revised	830
Code and does not cause that report to become a public record, as	831
defined in section 149.43 of the Revised Code, following the	832
appellate court's use of the report.	833

(2) The trial record in the case in which the sentence was	834
imposed;	835

(3) Any oral or written statements made to or by the court at	836
the sentencing hearing at which the sentence was imposed;	837

(4) Any written findings that the court was required to make	838
in connection with the modification of the sentence pursuant to a	839
judicial release under division (I) of section 2929.20 of the	840
Revised Code.	841

(G)(1) If the sentencing court was required to make the	842
findings required by division (B) or (D) of section 2929.13 or	843
division (I) of section 2929.20 of the Revised Code, or to state	844
the findings of the trier of fact required by division (B)(2)(e)	845
of section 2929.14 of the Revised Code, relative to the imposition	846
or modification of the sentence, and if the sentencing court	847
failed to state the required findings on the record, the court	848
hearing an appeal under division (A), (B), or (C) of this section	849
shall remand the case to the sentencing court and instruct the	850
sentencing court to state, on the record, the required findings.	851

(2) The court hearing an appeal under division (A), (B), or	852
(C) of this section shall review the record, including the	853
findings underlying the sentence or modification given by the	854
sentencing court.	855

The appellate court may increase, reduce, or otherwise modify	856
a sentence that is appealed under this section or may vacate the	857
sentence and remand the matter to the sentencing court for	858
resentencing. The appellate court's standard for review is not	859
whether the sentencing court abused its discretion. The appellate	860
court may take any action authorized by this division if it	861
clearly and convincingly finds either of the following:	862

(a) That the record does not support the sentencing court's	863
findings under division (B) or (D) of section 2929.13, division	864
(B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section	865
2929.20 of the Revised Code, whichever, if any, is relevant;	866

(b) That the sentence is otherwise contrary to law.

867

(H) A judgment or final order of a court of appeals under	868
this section may be appealed, by leave of court, to the supreme	869
court.	870

(I)(1) There is hereby established the felony sentence appeal	871
cost oversight committee, consisting of eight members. One member	872
shall be the chief justice of the supreme court or a	873
representative of the court designated by the chief justice, one	874
member shall be a member of the senate appointed by the president	875
of the senate, one member shall be a member of the house of	876
representatives appointed by the speaker of the house of	877
representatives, one member shall be the director of budget and	878
management or a representative of the office of budget and	879
management designated by the director, one member shall be a judge	880
of a court of appeals, court of common pleas, municipal court, or	881
county court appointed by the chief justice of the supreme court,	882
one member shall be the state public defender or a representative	883
of the office of the state public defender designated by the state	884
public defender, one member shall be a prosecuting attorney	885
appointed by the Ohio prosecuting attorneys association, and one	886
member shall be a county commissioner appointed by the county	887
commissioners association of Ohio. No more than three of the	888
appointed members of the committee may be members of the same	889
political party.	890

The president of the senate, the speaker of the house of	891
representatives, the chief justice of the supreme court, the Ohio	892
prosecuting attorneys association, and the county commissioners	893
association of Ohio shall make the initial appointments to the	894
committee of the appointed members no later than ninety days after	895
July 1, 1996. Of those initial appointments to the committee, the	896
members appointed by the speaker of the house of representatives	897
and the Ohio prosecuting attorneys association shall serve a term	898
ending two years after July 1, 1996, the member appointed by the	899
chief justice of the supreme court shall serve a term ending three	900
years after July 1, 1996, and the members appointed by the	901
president of the senate and the county commissioners association	902
of Ohio shall serve terms ending four years after July 1, 1996.	903
Thereafter, terms of office of the appointed members shall be for	904
four years, with each term ending on the same day of the same	905
month as did the term that it succeeds. Members may be	906
reappointed. Vacancies shall be filled in the same manner provided	907
for original appointments. A member appointed to fill a vacancy	908
occurring prior to the expiration of the term for which that	909
member's predecessor was appointed shall hold office as a member	910
for the remainder of the predecessor's term. An appointed member	911
shall continue in office subsequent to the expiration date of that	912
member's term until that member's successor takes office or until	913
a period of sixty days has elapsed, whichever occurs first.	914

If the chief justice of the supreme court, the director of	915
the office of budget and management, or the state public defender	916
serves as a member of the committee, that person's term of office	917
as a member shall continue for as long as that person holds office	918
as chief justice, director of the office of budget and management,	919
or state public defender. If the chief justice of the supreme	920
court designates a representative of the court to serve as a	921
member, the director of budget and management designates a	922
representative of the office of budget and management to serve as	923
a member, or the state public defender designates a representative	924
of the office of the state public defender to serve as a member,	925
the person so designated shall serve as a member of the commission	926
for as long as the official who made the designation holds office	927
as chief justice, director of the office of budget and management,	928
or state public defender or until that official revokes the	929
designation.	930

The chief justice of the supreme court or the representative	931
of the supreme court appointed by the chief justice shall serve as	932
chairperson of the committee. The committee shall meet within two	933
weeks after all appointed members have been appointed and shall	934
organize as necessary. Thereafter, the committee shall meet at	935
least once every six months or more often upon the call of the	936
chairperson or the written request of three or more members,	937
provided that the committee shall not meet unless moneys have been	938
appropriated to the judiciary budget administered by the supreme	939
court specifically for the purpose of providing financial	940
assistance to counties under division (I)(2) of this section and	941
the moneys so appropriated then are available for that purpose.	942

The members of the committee shall serve without	943
compensation, but, if moneys have been appropriated to the	944
judiciary budget administered by the supreme court specifically	945
for the purpose of providing financial assistance to counties	946
under division (I)(2) of this section, each member shall be	947
reimbursed out of the moneys so appropriated that then are	948
available for actual and necessary expenses incurred in the	949
performance of official duties as a committee member.	950

(2) The state criminal sentencing commission periodically	951
shall provide to the felony sentence appeal cost oversight	952
committee all data the commission collects pursuant to division	953
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the	954
data from the state criminal sentencing commission, the felony	955
sentence appeal cost oversight committee periodically shall review	956
the data; determine whether any money has been appropriated to the	957
judiciary budget administered by the supreme court specifically	958
for the purpose of providing state financial assistance to	959
counties in accordance with this division for the increase in	960
expenses the counties experience as a result of the felony	961
sentence appeal provisions set forth in this section or as a	962
result of a postconviction relief proceeding brought under	963
division (A)(2) of section 2953.21 of the Revised Code or an	964
appeal of a judgment in that proceeding; if it determines that any	965
money has been so appropriated, determine the total amount of	966
moneys that have been so appropriated specifically for that	967
purpose and that then are available for that purpose; and develop	968
a recommended method of distributing those moneys to the counties.	969
The committee shall send a copy of its recommendation to the	970
supreme court. Upon receipt of the committee's recommendation, the	971
supreme court shall distribute to the counties, based upon that	972
recommendation, the moneys that have been so appropriated	973
specifically for the purpose of providing state financial	974
assistance to counties under this division and that then are	975
available for that purpose.	976

Sec. 4701.30.  The accountancy board shall comply with	977
section 4776.20 of the Revised Code.	978

Sec. 4703.53.  The architects board and the state board of	979
landscape architect examiners shall comply with section 4776.20 of	980
the Revised Code.	981

Sec. 4707.33.  The department of agriculture shall comply	982
with section 4776.20 of the Revised Code.	983

Sec. 4709.27.  The barber board shall comply with section	984
4776.20 of the Revised Code.	985

Sec. 4712.15.  The superintendent of financial institutions	986
shall comply with section 4776.20 of the Revised Code.	987

Sec. 4713.64. (A) In accordance with Chapter 119. of the	988
Revised Code, theThe state board of cosmetology may deny, revoke,	989
or suspend a license or permit issued by the board or impose a	990
finetake disciplinary action for any of the following:	991

(1) Failure to comply with the requirements of this chapter	992
or rules adopted under it;	993

(2) Continued practice by a person knowingly having an	994
infectious or contagious disease;	995

(3) Habitual drunkenness or addiction to any habit-forming	996
drug;	997

(4) Willful false and fraudulent or deceptive advertising;

998

(5) Falsification of any record or application required to be	999
filed with the board;	1000

(6) Failure to pay a fine or abide by a suspension order	1001
issued by the board.	1002

(B) On determining that there is cause for disciplinary	1003
action, the board may do one or more of the following:	1004

(1) Deny, revoke, or suspend a license or permit issued by	1005
the board;	1006

(2) Impose a fine;

1007

(3) Require the holder of a license or permit to take	1008
corrective action courses.	1009

(C) The amount and content of corrective action courses and	1010
other relevant criteria shall be established by the board in rules	1011
adopted under section 4713.08 of the Revised Code.	1012

(D) The board may impose a separate fine for each offense	1013
listed in division (A) of this section. The amount of a fine shall	1014
be not more than five hundred dollars if the violator has not	1015
previously been fined for that offense. The fine shall be not more	1016
than one thousand dollars if the violator has been fined for the	1017
same offense once before. The fine shall be not more than one	1018
thousand five hundred dollars if the violator has been fined for	1019
the same offense two or more times before.	1020

(C)(E) If a person fails to request a hearing within thirty	1021
days of the date the board, in accordance with section 119.07 of	1022
the Revised Code, notifies the person of the board's intent to act	1023
against the person under division (A) of this section, the board	1024
by a majority vote of a quorum of the board members may take the	1025
action against the person without holding an adjudication hearing.	1026

(D)(F) The board, after a hearing in accordance with Chapter	1027
119. of the Revised Code, may suspend a tanning facility permit if	1028
the owner or operator fails to correct an unsafe condition that	1029
exists in violation of the board's rules or fails to cooperate in	1030
an inspection of the tanning facility. If a violation has resulted	1031
in a condition reasonably believed by an inspector to create an	1032
immediate danger to the health and safety of any person using the	1033
tanning facility, the inspector may suspend the permit without a	1034
prior hearing until the condition is corrected or until a hearing	1035
in accordance with Chapter 119. of the Revised Code is held and	1036
the board either upholds the suspension or reinstates the permit.	1037

Sec. 4713.68.  The state board of cosmetology shall comply	1038
with section 4776.20 of the Revised Code.	1039

Sec. 4715.101.  (A) As used in this section:

1040

(1), "Licenselicense" has the same meaning as in division	1041
(A)(2) of section 4776.01 of the Revised Code.	1042

(2)and "Applicantapplicant for an initial license" hashave	1043
the same meaningmeanings as in division (D) of section 4776.01 of	1044
the Revised Code.	1045

(B) In addition to any other eligibility requirement set	1046
forth in this chapter, each applicant for an initial license	1047
issued pursuant to section 4715.12, 4715.16, 4715.21, or 4715.27	1048
of the Revised Code shall comply with sections 4776.01 to 4776.04	1049
of the Revised Code. The state dental board shall not grant a	1050
license to an applicant for an initial license issued pursuant to	1051
section 4715.12, 4715.16, 4715.21, or 4715.27 of the Revised Code	1052
unless the applicant complies with sections 4776.01 to 4776.04 of	1053
the Revised Code and the board, in its discretion, decides that	1054
the results of the criminal records check do not make the	1055
applicant ineligible for a license issued pursuant to section	1056
4715.12, 4715.16, 4715.21, or 4715.27 of the Revised Code.	1057

Sec. 4715.41.  The state dental board shall comply with	1058
section 4776.20 of the Revised Code.	1059

Sec. 4717.04.  (A) The board of embalmers and funeral	1060
directors shall adopt rules in accordance with Chapter 119. of the	1061
Revised Code for the government, transaction of the business, and	1062
the management of the affairs of the board of embalmers and	1063
funeral directors and the crematory review board, and for the	1064
administration and enforcement of this chapter. These rules shall	1065
include all of the following:	1066

(1) The nature, scope, content, and form of the application	1067
that must be completed and license examination that must be passed	1068
in order to receive an embalmer's license or a funeral director's	1069
license under section 4717.05 of the Revised Code. The rules shall	1070
ensure both of the following:	1071

(a) That the embalmer's license examination tests the	1072
applicant's knowledge through at least a comprehensive section and	1073
an Ohio laws section;	1074

(b) That the funeral director's license examination tests the	1075
applicant's knowledge through at least a comprehensive section, an	1076
Ohio laws section, and a sanitation section.	1077

(2) The minimum license examination score necessary to be	1078
licensed under section 4717.05 of the Revised Code as an embalmer	1079
or as a funeral director;	1080

(3) Procedures for determining the dates of the embalmer's	1081
and funeral director's license examinations, which shall be	1082
administered at least once each year, the time and place of each	1083
examination, and the supervision required for each examination;	1084

(4) Procedures for determining whether the board shall accept	1085
an applicant's compliance with the licensure, registration, or	1086
certification requirements of another state as grounds for	1087
granting the applicant a license under this chapter;	1088

(5) A determination of whether completion of a nationally	1089
recognized embalmer's or funeral director's examination	1090
sufficiently meets the license requirements for the comprehensive	1091
section of either the embalmer's or the funeral director's license	1092
examination administered under this chapter;	1093

(6) Continuing education requirements for licensed embalmers	1094
and funeral directors;	1095

(7) Requirements for the licensing and operation of funeral	1096
homes;	1097

(8) Requirements for the licensing and operation of embalming	1098
facilities;	1099

(9) A schedule that lists, and specifies a forfeiture	1100
commensurate with, each of the following types of conduct which,	1101
for the purposes of division (A)(9) of this section and section	1102
4717.15 of the Revised Code, are violations of this chapter:	1103

(a) Obtaining a license under this chapter by fraud or	1104
misrepresentation either in the application or in passing the	1105
required examination for the license;	1106

(b) Purposely violating any provision of sections 4717.01 to	1107
4717.15 of the Revised Code or a rule adopted under any of those	1108
sections; division (A) or (B) of section 4717.23; division (B)(1)	1109
or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions	1110
(H) to (K) of section 4717.26; division (D)(1) of section 4717.27;	1111
or divisions (A) to (C) of section 4717.28 of the Revised Code;	1112

(c) Committing unprofessional conduct;

1113

(d) Knowingly permitting an unlicensed person, other than a	1114
person serving an apprenticeship, to engage in the profession or	1115
business of embalming or funeral directing under the licensee's	1116
supervision;	1117

(e) Refusing to promptly submit the custody of a dead human	1118
body upon the express order of the person legally entitled to the	1119
body;	1120

(f) Transferring a license to operate a funeral home,	1121
embalming facility, or crematory facility from one owner or	1122
operator to another, or from one location to another, without	1123
notifying the board;	1124

(g) Misleading the public using false or deceptive	1125
advertising.	1126

Each instance of the commission of any of the types of	1127
conduct described in divisions (A)(9)(a), (b), (c), (d), (e), (f),	1128
and (g) of this section is a separate violation. The rules adopted	1129
under division (A)(9) of this section shall establish the amount	1130
of the forfeiture for a violation of each of those divisions. The	1131
forfeiture for a first violation shall not exceed five thousand	1132
dollars, and the forfeiture for a second or subsequent violation	1133
shall not exceed ten thousand dollars. The amount of the	1134
forfeiture may differ among the types of violations according to	1135
what the board considers the seriousness of each violation.	1136

(10) Requirements for the licensing and operation of	1137
crematory facilities;	1138

(11) Procedures for the issuance of duplicate licenses;

1139

(12) Requirements for criminal records checks of applicants	1140
under section 4776.03 of the Revised Code;	1141

(13) The amount and content of corrective action courses	1142
required by the board under section 4717.14 of the Revised Code.	1143

(B) The board may adopt rules governing the educational	1144
standards for licensure as an embalmer or funeral director and the	1145
standards of service and practice to be followed in embalming and	1146
funeral directing and in the operation of funeral homes, embalming	1147
facilities, and crematory facilities in this state.	1148

(C) Nothing in this chapter authorizes the board of embalmers	1149
and funeral directors to regulate cemeteries, except that the	1150
board shall license and regulate crematories located at cemeteries	1151
in accordance with this chapter.	1152

Sec. 4717.14.  (A) The board of embalmers and funeral	1153
directors may refuse to grant or renew, or may suspend or revoke,	1154
any license issued under this chapter or may require the holder of	1155
a license to take corrective action courses for any of the	1156
following reasons:	1157

(1) The license was obtained by fraud or misrepresentation	1158
either in the application or in passing the examination.	1159

(2) The applicant or licensee has been convicted of or has	1160
pleaded guilty to a felony or of any crime involving moral	1161
turpitude.	1162

(3) The applicant or licensee has purposely violated any	1163
provision of sections 4717.01 to 4717.15 or a rule adopted under	1164
any of those sections; division (A) or (B) of section 4717.23;	1165
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),	1166
or divisions (H) to (K) of section 4717.26; division (D)(1) of	1167
section 4717.27; or divisions (A) to (C) of section 4717.28 of the	1168
Revised Code; any rule or order of the department of health or a	1169
board of health of a health district governing the disposition of	1170
dead human bodies; or any other rule or order applicable to the	1171
applicant or licensee.	1172

(4) The applicant or licensee has committed immoral or	1173
unprofessional conduct.	1174

(5) The applicant or licensee knowingly permitted an	1175
unlicensed person, other than a person serving an apprenticeship,	1176
to engage in the profession or business of embalming or funeral	1177
directing under the applicant's or licensee's supervision.	1178

(6) The applicant or licensee has been habitually	1179
intoxicated, or is addicted to the use of morphine, cocaine, or	1180
other habit-forming or illegal drugs.	1181

(7) The applicant or licensee has refused to promptly submit	1182
the custody of a dead human body upon the express order of the	1183
person legally entitled to the body.	1184

(8) The licensee loaned the licensee's own license, or the	1185
applicant or licensee borrowed or used the license of another	1186
person, or knowingly aided or abetted the granting of an improper	1187
license.	1188

(9) The applicant or licensee transferred a license to	1189
operate a funeral home, embalming facility, or crematory from one	1190
owner or operator to another, or from one location to another,	1191
without notifying the board.	1192

(10) The applicant or licensee misleadmisled the public by	1193
using false or deceptive advertising.	1194

(B)(1) The board of embalmers and funeral directors shall	1195
refuse to grant or renew, or shall suspend or revoke, an	1196
embalmer's, funeral director's, funeral home, or embalming	1197
facility license only in accordance with Chapter 119. of the	1198
Revised Code.	1199

(2) The board shall send to the crematory review board	1200
written notice that it proposes to refuse to issue or renew, or	1201
proposes to suspend or revoke, a license to operate a crematory	1202
facility. If, after the conclusion of the adjudicatory hearing on	1203
the matter conducted under division (E) of section 4717.03 of the	1204
Revised Code, the board of embalmers and funeral directors finds	1205
that any of the circumstances described in divisions (A)(1) to	1206
(10) of this section apply to the person named in its proposed	1207
action, the board may issue a final order under division (E) of	1208
section 4717.03 of the Revised Code refusing to issue or renew, or	1209
suspending or revoking, the person's license to operate a	1210
crematory facility.	1211

(C) If the board of embalmers and funeral directors	1212
determines that there is clear and convincing evidence that any of	1213
the circumstances described in divisions (A)(1) to (10) of this	1214
section apply to the holder of a license issued under this chapter	1215
and that the licensee's continued practice presents a danger of	1216
immediate and serious harm to the public, the board may suspend	1217
the licensee's license without a prior adjudicatory hearing. The	1218
executive director of the board shall prepare written allegations	1219
for consideration by the board.	1220

The board, after reviewing the written allegations, may	1221
suspend a license without a prior hearing.	1222

The board shall issue a written order of suspension by	1223
certified maila delivery system or in person in accordance with	1224
section 119.07 of the Revised Code. Such an order is not subject	1225
to suspension by the court during the pendency of any appeal filed	1226
under section 119.12 of the Revised Code. If the holder of an	1227
embalmer's, funeral director's, funeral home, or embalming	1228
facility license requests an adjudicatory hearing by the board,	1229
the date set for the hearing shall be within fifteen days, but not	1230
earlier than seven days, after the licensee has requested a	1231
hearing, unless the board and the licensee agree to a different	1232
time for holding the hearing.	1233

Upon issuing a written order of suspension to the holder of a	1234
license to operate a crematory facility, the board of embalmers	1235
and funeral directors shall send written notice of the issuance of	1236
the order to the crematory review board. The crematory review	1237
board shall hold an adjudicatory hearing on the order under	1238
division (E) of section 4717.03 of the Revised Code within fifteen	1239
days, but not earlier than seven days, after the issuance of the	1240
order, unless the crematory review board and the licensee agree to	1241
a different time for holding the adjudicatory hearing.	1242

Any summary suspension imposed under this division shall	1243
remain in effect, unless reversed on appeal, until a final	1244
adjudicatory order issued by the board of embalmers and funeral	1245
directors pursuant to this division and Chapter 119. of the	1246
Revised Code, or division (E) of section 4717.03 of the Revised	1247
Code, as applicable, becomes effective. The board of embalmers and	1248
funeral directors shall issue its final adjudicatory order within	1249
sixty days after the completion of its hearing or, in the case of	1250
the summary suspension of a license to operate a crematory	1251
facility, within sixty days after completion of the adjudicatory	1252
hearing by the crematory review board. A failure to issue the	1253
order within that time results in the dissolution of the summary	1254
suspension order, but does not invalidate any subsequent final	1255
adjudicatory order.	1256

(D) If the board of embalmers and funeral directors suspends	1257
or revokes a license held by a funeral director or a funeral home	1258
for any reason identified in division (A) of this section, the	1259
board may file a complaint with the court of common pleas in the	1260
county where the violation occurred requesting appointment of a	1261
receiver and the sequestration of the assets of the funeral home	1262
that held the suspended or revoked license or the licensed funeral	1263
home that employs the funeral director that held the suspended or	1264
revoked license. If the court of common pleas is satisfied with	1265
the application for a receivership, the court may appoint a	1266
receiver.	1267

The board or a receiver may employ and procure whatever	1268
assistance or advice is necessary in the receivership or	1269
liquidation and distribution of the assets of the funeral home,	1270
and, for that purpose, may retain officers or employees of the	1271
funeral home as needed. All expenses of the receivership or	1272
liquidation shall be paid from the assets of the funeral home and	1273
shall be a lien on those assets, and that lien shall be a priority	1274
to any other lien.	1275

(E) Any holder of a license issued under this chapter who has	1276
pleaded guilty to, has been found by a judge or jury to be guilty	1277
of, or has had a judicial finding of eligibility for treatment in	1278
lieu of conviction entered against the individual in this state	1279
for aggravated murder, murder, voluntary manslaughter, felonious	1280
assault, kidnapping, rape, sexual battery, gross sexual	1281
imposition, aggravated arson, aggravated robbery, or aggravated	1282
burglary, or who has pleaded guilty to, has been found by a judge	1283
or jury to be guilty of, or has had a judicial finding of	1284
eligibility for treatment in lieu of conviction entered against	1285
the individual in another jurisdiction for any substantially	1286
equivalent criminal offense, is hereby suspended from practice	1287
under this chapter by operation of law, and any license issued to	1288
the individual under this chapter is hereby suspended by operation	1289
of law as of the date of the guilty plea, verdict or finding of	1290
guilt, or judicial finding of eligibility for treatment in lieu of	1291
conviction, regardless of whether the proceedings are brought in	1292
this state or another jurisdiction. The board shall notify the	1293
suspended individual of the suspension of the individual's license	1294
by the operation of this division by certified maila delivery	1295
system or in person in accordance with section 119.07 of the	1296
Revised Code. If an individual whose license is suspended under	1297
this division fails to make a timely request for an adjudicatory	1298
hearing, the board shall enter a final order revoking the license.	1299

(F) No person whose license has been suspended or revoked	1300
under or by the operation of this section shall practice embalming	1301
or funeral directing or operate a funeral home, embalming	1302
facility, or crematory facility until the board has reinstated the	1303
person's license.	1304

Sec. 4717.39.  The board of embalmers and funeral directors	1305
shall comply with section 4776.20 of the Revised Code.	1306

Sec. 4719.22.  The attorney general shall comply with section	1307
4776.20 of the Revised Code.	1308

Sec. 4723.92.  The board of nursing shall comply with section	1309
4776.20 of the Revised Code.	1310

Sec. 4725.19.  (A) In accordance with Chapter 119. of the	1311
Revised Code and by an affirmative vote of a majority of its	1312
members, the state board of optometry, for any of the reasons	1313
specified in division (B) of this section, shall refuse to grant a	1314
certificate of licensure to an applicant and may, with respect to	1315
a licensed optometrist, do one or more of the following:	1316

(1) Suspend the operation of any certificate of licensure,	1317
topical ocular pharmaceutical agents certificate, or therapeutic	1318
pharmaceutical agents certificate, or all certificates granted by	1319
it to the optometrist;	1320

(2) Permanently revoke any or all of the certificates;

1321

(3) Limit or otherwise place restrictions on any or all of	1322
the certificates;	1323

(4) Reprimand the optometrist;

1324

(5) Impose a monetary penalty. If the reason for which the	1325
board is imposing the penalty involves a criminal offense that	1326
carries a fine under the Revised Code, the penalty shall not	1327
exceed the maximum fine that may be imposed for the criminal	1328
offense. In any other case, the penalty imposed by the board shall	1329
not exceed five hundred dollars.	1330

(6) Require the optometrist to take corrective action	1331
courses.	1332

The amount and content of corrective action courses shall be	1333
established by the board in rules adopted under section 4725.09 of	1334
the Revised Code.	1335

(B) The sanctions specified in division (A) of this section	1336
may be taken by the board for any of the following reasons:	1337

(1) Committing fraud in passing the licensing examination or	1338
making false or purposely misleading statements in an application	1339
for a certificate of licensure;	1340

(2) Being at any time guilty of immorality, regardless of the	1341
jurisdiction in which the act was committed;	1342

(3) Being guilty of dishonesty or unprofessional conduct in	1343
the practice of optometry;	1344

(4) Being at any time guilty of a felony, regardless of the	1345
jurisdiction in which the act was committed;	1346

(5) Being at any time guilty of a misdemeanor committed in	1347
the course of practice, regardless of the jurisdiction in which	1348
the act was committed;	1349

(6) Violating the conditions of any limitation or other	1350
restriction placed by the board on any certificate issued by the	1351
board;	1352

(7) Engaging in the practice of optometry as provided in	1353
division (A)(1), (2), or (3) of section 4725.01 of the Revised	1354
Code when the certificate authorizing that practice is under	1355
suspension, in which case the board shall permanently revoke the	1356
certificate;	1357

(8) Being denied a license to practice optometry in another	1358
state or country or being subject to any other sanction by the	1359
optometric licensing authority of another state or country, other	1360
than sanctions imposed for the nonpayment of fees;	1361

(9) Departing from or failing to conform to acceptable and	1362
prevailing standards of care in the practice of optometry as	1363
followed by similar practitioners under the same or similar	1364
circumstances, regardless of whether actual injury to a patient is	1365
established;	1366

(10) Failing to maintain comprehensive patient records;

1367

(11) Advertising a price of optical accessories, eye	1368
examinations, or other products or services by any means that	1369
would deceive or mislead the public;	1370

(12) Being addicted to the use of alcohol, stimulants,	1371
narcotics, or any other substance which impairs the intellect and	1372
judgment to such an extent as to hinder or diminish the	1373
performance of the duties included in the person's practice of	1374
optometry;	1375

(13) Engaging in the practice of optometry as provided in	1376
division (A)(2) or (3) of section 4725.01 of the Revised Code	1377
without authority to do so or, if authorized, in a manner	1378
inconsistent with the authority granted;	1379

(14) Failing to make a report to the board as required by	1380
division (A) of section 4725.21 or section 4725.31 of the Revised	1381
Code;	1382

(15) Soliciting patients from door to door or establishing	1383
temporary offices, in which case the board shall suspend all	1384
certificates held by the optometrist;	1385

(16) Except as provided in division (D) of this section:

1386

(a) Waiving the payment of all or any part of a deductible or	1387
copayment that a patient, pursuant to a health insurance or health	1388
care policy, contract, or plan that covers optometric services,	1389
would otherwise be required to pay if the waiver is used as an	1390
enticement to a patient or group of patients to receive health	1391
care services from that optometrist.	1392

(b) Advertising that the optometrist will waive the payment	1393
of all or any part of a deductible or copayment that a patient,	1394
pursuant to a health insurance or health care policy, contract, or	1395
plan that covers optometric services, would otherwise be required	1396
to pay.	1397

(C) Any person who is the holder of a certificate of	1398
licensure, or who is an applicant for a certificate of licensure	1399
against whom is preferred any charges, shall be furnished by the	1400
board with a copy of the complaint and shall have a hearing before	1401
the board in accordance with Chapter 119. of the Revised Code.	1402

(D) Sanctions shall not be imposed under division (B)(16) of	1403
this section against any optometrist who waives deductibles and	1404
copayments:	1405

(1) In compliance with the health benefit plan that expressly	1406
allows such a practice. Waiver of the deductibles or copayments	1407
shall be made only with the full knowledge and consent of the plan	1408
purchaser, payer, and third-party administrator. Documentation of	1409
the consent shall be made available to the board upon request.	1410

(2) For professional services rendered to any other	1411
optometrist licensed by the board, to the extent allowed by	1412
sections 4725.01 to 4725.34 of the Revised Code and the rules of	1413
the board.	1414

Sec. 4725.61.  The state board of optometry and the Ohio	1415
optical dispensers board shall comply with section 4776.20 of the	1416
Revised Code.	1417

Sec. 4727.22.  The division of consumer finance shall comply	1418
with section 4776.20 of the Revised Code.	1419

Sec. 4728.15.  The division of consumer finance shall comply	1420
with section 4776.20 of the Revised Code.	1421

Sec. 4729.87.  The state board of pharmacy shall comply with	1422
section 4776.20 of the Revised Code.	1423

Sec. 4730.54.  The state medical board shall comply with	1424
section 4776.20 of the Revised Code.	1425

Sec. 4731.95.  The state medical board shall comply with	1426
section 4776.20 of the Revised Code.	1427

Sec. 4732.32.  The state board of psychology shall comply	1428
with section 4776.20 of the Revised Code.	1429

Sec. 4733.28.  The state board of registration for	1430
professional engineers and surveyors shall comply with section	1431
4776.20 of the Revised Code.	1432

Sec. 4734.57.  The state chiropractic board shall comply with	1433
section 4776.20 of the Revised Code.	1434

Sec. 4735.76.  The superintendent of real estate shall comply	1435
with section 4776.20 of the Revised Code.	1436

Sec. 4736.18.  The state board of sanitarian registration	1437
shall comply with section 4776.20 of the Revised Code.	1438

Sec. 4737.14.  The director of public safety shall comply	1439
with section 4776.20 of the Revised Code.	1440

Sec. 4738.20.  The motor vehicle salvage dealer's licensing	1441
board shall comply with section 4776.20 of the Revised Code.	1442

Sec. 4740.17.  The Ohio construction industry licensing board	1443
shall comply with section 4776.20 of the Revised Code.	1444

Sec. 4741.48.  The veterinary medical licensing board shall	1445
comply with section 4776.20 of the Revised Code.	1446

Sec. 4742.07.  The state board of education and any emergency	1447
service provider or career school that certifies emergency service	1448
telecommunicators shall comply with section 4776.20 of the Revised	1449
Code.	1450

Sec. 4747.17.  The hearing aid dealers and fitters licensing	1451
board shall comply with section 4776.20 of the Revised Code.	1452

Sec. 4749.15.  The director of public safety shall comply	1453
with section 4776.20 of the Revised Code.	1454

Sec. 4751.13.  The board of examiners of nursing home	1455
administrators shall comply with section 4776.20 of the Revised	1456
Code.	1457

Sec. 4752.20.  The Ohio respiratory care board shall comply	1458
with section 4776.20 of the Revised Code.	1459

Sec. 4753.16.  The board of speech-language pathology and	1460
audiology shall comply with section 4776.20 of the Revised Code.	1461

Sec. 4755.06.  The occupational therapy section of the Ohio	1462
occupational therapy, physical therapy, and athletic trainers	1463
board may make reasonable rules in accordance with Chapter 119. of	1464
the Revised Code relating to, but not limited to, the following:	1465

(A) The form and manner for filing applications for licensure	1466
under sections 4755.04 to 4755.13 of the Revised Code;	1467

(B) The issuance, suspension, and revocation of the licenses	1468
and the conducting of investigations and hearings;	1469

(C) Standards for approval of courses of study relative to	1470
the practice of occupational therapy;	1471

(D) The time and form of examination for the licensure;

1472

(E) Standards of ethical conduct in the practice of	1473
occupational therapy;	1474

(F) The form and manner for filing applications for renewal	1475
and a schedule of deadlines for renewal;	1476

(G) The conditions under which a license of a licensee who	1477
files a late application for renewal will be reinstated;	1478

(H) Placing an existing license in escrow;

1479

(I) The amount, scope, and nature of continuing education	1480
activities required for license renewal, including waivers of the	1481
continuing education requirements;	1482

(J) Guidelines for limited permits;

1483

(K) Requirements for criminal records checks of applicants	1484
under section 4776.03 of the Revised Code;	1485

(L) Subject to section 4755.061 of the Revised Code, the	1486
amount for each fee specified in section 4755.12 of the Revised	1487
Code that the section charges;	1488

(M) The amount and content of corrective action courses	1489
required by the board under section 4755.11 of the Revised Code.	1490

The section may hear testimony in matters relating to the	1491
duties imposed upon it, and the chairperson and secretary of the	1492
section may administer oaths. The section may require proof,	1493
beyond the evidence found in the application, of the honesty,	1494
truthfulness, and good reputation of any person named in an	1495
application for licensure, before admitting the applicant to an	1496
examination or issuing a license.	1497

Sec. 4755.11.  (A) In accordance with Chapter 119. of the	1498
Revised Code, the occupational therapy section of the Ohio	1499
occupational therapy, physical therapy, and athletic trainers	1500
board may suspend, revoke, or refuse to issue or renew an	1501
occupational therapist license, occupational therapy assistant	1502
license, occupational therapist limited permit, occupational	1503
therapy assistant limited permit, or reprimand, fine, or place a	1504
license or limited permit holder on probation, or require the	1505
license or limited permit holder to take corrective action	1506
courses, for any of the following:	1507

(1) Conviction of an offense involving moral turpitude or a	1508
felony, regardless of the state or country in which the conviction	1509
occurred;	1510

(2) Violation of any provision of sections 4755.04 to 4755.13	1511
of the Revised Code;	1512

(3) Violation of any lawful order or rule of the occupational	1513
therapy section;	1514

(4) Obtaining or attempting to obtain a license or limited	1515
permit issued by the occupational therapy section by fraud or	1516
deception, including the making of a false, fraudulent, deceptive,	1517
or misleading statements in relation to these activities;	1518

(5) Negligence, unprofessional conduct, or gross misconduct	1519
in the practice of the profession of occupational therapy;	1520

(6) Accepting commissions or rebates or other forms of	1521
remuneration for referring persons to other professionals;	1522

(7) Communicating, without authorization, information	1523
received in professional confidence;	1524

(8) Using controlled substances, habit forming drugs, or	1525
alcohol to an extent that it impairs the ability to perform the	1526
work of an occupational therapist, occupational therapy assistant,	1527
occupational therapist limited permit holder, or occupational	1528
therapy assistant limited permit holder;	1529

(9) Practicing in an area of occupational therapy for which	1530
the individual is untrained or incompetent;	1531

(10) Failing the licensing or Ohio jurisprudence examination;

1532

(11) Aiding, abetting, directing, or supervising the	1533
unlicensed practice of occupational therapy;	1534

(12) Denial, revocation, suspension, or restriction of	1535
authority to practice a health care occupation, including	1536
occupational therapy, for any reason other than a failure to	1537
renew, in Ohio or another state or jurisdiction;	1538

(13) Except as provided in division (B) of this section:

1539

(a) Waiving the payment of all or any part of a deductible or	1540
copayment that a patient, pursuant to a health insurance or health	1541
care policy, contract, or plan that covers occupational therapy,	1542
would otherwise be required to pay if the waiver is used as an	1543
enticement to a patient or group of patients to receive health	1544
care services from that provider;	1545

(b) Advertising that the individual will waive the payment of	1546
all or any part of a deductible or copayment that a patient,	1547
pursuant to a health insurance or health care policy, contract, or	1548
plan that covers occupational therapy, would otherwise be required	1549
to pay.	1550

(14) Working or representing oneself as an occupational	1551
therapist, occupational therapy assistant, occupational therapist	1552
limited permit holder, or occupational therapy assistant limited	1553
permit holder without a current and valid license or limited	1554
permit issued by the occupational therapy section;	1555

(15) Engaging in a deceptive trade practice, as defined in	1556
section 4165.02 of the Revised Code;	1557

(16) Violation of the standards of ethical conduct in the	1558
practice of occupational therapy as identified by the occupational	1559
therapy section;	1560

(17) A departure from, or the failure to conform to, minimal	1561
standards of care required of licensees or limited permit holders,	1562
whether or not actual injury to a patient is established;	1563

(18) An adjudication by a court that the applicant, licensee,	1564
or limited permit holder is incompetent for the purpose of holding	1565
a license or limited permit and has not thereafter been restored	1566
to legal capacity for that purpose;	1567

(19)(a) Except as provided in division (A)(19)(b) of this	1568
section, failure to cooperate with an investigation conducted by	1569
the occupational therapy section, including failure to comply with	1570
a subpoena or orders issued by the section or failure to answer	1571
truthfully a question presented by the section at a deposition or	1572
in written interrogatories.	1573

(b) Failure to cooperate with an investigation does not	1574
constitute grounds for discipline under this section if a court of	1575
competent jurisdiction issues an order that either quashes a	1576
subpoena or permits the individual to withhold the testimony or	1577
evidence at issue.	1578

(20) Conviction of a misdemeanor reasonably related to the	1579
practice of occupational therapy, regardless of the state or	1580
country in which the conviction occurred;	1581

(21) Inability to practice according to acceptable and	1582
prevailing standards of care because of mental or physical	1583
illness, including physical deterioration that adversely affects	1584
cognitive, motor, or perception skills;	1585

(22) Violation of conditions, limitations, or agreements	1586
placed by the occupational therapy section on a license or limited	1587
permit to practice;	1588

(23) Making a false, fraudulent, deceptive, or misleading	1589
statement in the solicitation of or advertising for patients in	1590
relation to the practice of occupational therapy;	1591

(24) Failure to complete continuing education requirements as	1592
prescribed in rules adopted by the occupational therapy section	1593
under section 4755.06 of the Revised Code.	1594

(B) Sanctions shall not be imposed under division (A)(13) of	1595
this section against any individual who waives deductibles and	1596
copayments as follows:	1597

(1) In compliance with the health benefit plan that expressly	1598
allows such a practice. Waiver of the deductibles or copayments	1599
shall be made only with the full knowledge and consent of the plan	1600
purchaser, payer, and third-party administrator. Documentation of	1601
the consent shall be made available to the section upon request.	1602

(2) For professional services rendered to any other person	1603
licensed pursuant to sections 4755.04 to 4755.13 of the Revised	1604
Code to the extent allowed by those sections and the rules of the	1605
occupational therapy section.	1606

(C) Except as provided in division (D) of this section, the	1607
suspension or revocation of a license or limited permit under this	1608
section is not effective until either the order for suspension or	1609
revocation has been affirmed following an adjudication hearing, or	1610
the time for requesting a hearing has elapsed.	1611

When a license or limited permit is revoked under this	1612
section, application for reinstatement may not be made sooner than	1613
one year after the date of revocation. The occupational therapy	1614
section may accept or refuse an application for reinstatement and	1615
may require that the applicant pass an examination as a condition	1616
of reinstatement.	1617

When a license or limited permit holder is placed on	1618
probation under this section, the occupational therapy section's	1619
probation order shall be accompanied by a statement of the	1620
conditions under which the individual may be removed from	1621
probation and restored to unrestricted practice.	1622

(D) On receipt of a complaint that a person who holds a	1623
license or limited permit issued by the occupational therapy	1624
section has committed any of the prohibited actions listed in	1625
division (A) of this section, the section may immediately suspend	1626
the license or limited permit prior to holding a hearing in	1627
accordance with Chapter 119. of the Revised Code if it determines,	1628
based on the complaint, that the licensee or limited permit holder	1629
poses an immediate threat to the public. The section shall notify	1630
the licensee or limited permit holder of the suspension in	1631
accordance with section 119.07 of the Revised Code. If the	1632
individual whose license or limited permit is suspended fails to	1633
make a timely request for an adjudication under Chapter 119. of	1634
the Revised Code, the section shall enter a final order	1635
permanently revoking the individual's license or limited permit.	1636

(E) If any person other than a person who holds a license or	1637
limited permit issued under section 4755.08 of the Revised Code	1638
has engaged in any practice that is prohibited under sections	1639
4755.04 to 4755.13 of the Revised Code or the rules of the	1640
occupational therapy section, the section may apply to the court	1641
of common pleas of the county in which the violation occurred, for	1642
an injunction or other appropriate order restraining this conduct,	1643
and the court shall issue this order.	1644

Sec. 4755.411. The physical therapy section of the Ohio	1645
occupational therapy, physical therapy, and athletic trainers	1646
board shall adopt rules in accordance with Chapter 119. of the	1647
Revised Code pertaining to the following:	1648

(A) Fees for the verification of a license and license	1649
reinstatement, and other fees established by the section;	1650

(B) Provisions for the section's government and control of	1651
its actions and business affairs;	1652

(C) Minimum curricula for physical therapy education programs	1653
that prepare graduates to be licensed in this state as physical	1654
therapists and physical therapist assistants;	1655

(D) Eligibility criteria to take the examinations required	1656
under sections 4755.43 and 4755.431 of the Revised Code;	1657

(E) The form and manner for filing applications for licensure	1658
with the section;	1659

(F) For purposes of section 4755.46 of the Revised Code, all	1660
of the following:	1661

(1) A schedule regarding when licenses to practice as a	1662
physical therapist and physical therapist assistant expire during	1663
a biennium;	1664

(2) An additional fee, not to exceed thirty-five dollars,	1665
that may be imposed if a licensee files a late application for	1666
renewal;	1667

(3) The conditions under which the license of a person who	1668
files a late application for renewal will be reinstated.	1669

(G) The issuance, renewal, suspension, and permanent	1670
revocation of a license and the conduct of hearings;	1671

(H) Appropriate ethical conduct in the practice of physical	1672
therapy;	1673

(I) Requirements, including continuing education	1674
requirements, for restoring licenses that are inactive or have	1675
lapsed through failure to renew;	1676

(J) Conditions that may be imposed for reinstatement of a	1677
license following suspension pursuant to section 4755.47 of the	1678
Revised Code;	1679

(K) For purposes of section 4755.45 of the Revised Code, both	1680
of the following:	1681

(1) Identification of the credentialing organizations from	1682
which the section will accept equivalency evaluations for foreign	1683
physical therapist education. The physical therapy section shall	1684
identify only those credentialing organizations that use a course	1685
evaluation tool or form approved by the physical therapy section.	1686

(2) Evidence, other than the evaluations described in	1687
division (K)(1) of this section, that the section will consider	1688
for purposes of evaluating whether an applicant's education is	1689
reasonably equivalent to the educational requirements that were in	1690
force for licensure in this state as a physical therapist on the	1691
date of the applicant's initial licensure or registration in	1692
another state or country.	1693

(L) Standards of conduct for physical therapists and physical	1694
therapist assistants, including requirements for supervision,	1695
delegation, and practicing with or without referral or	1696
prescription;	1697

(M) Appropriate display of a license;

1698

(N) Procedures for a licensee to follow in notifying the	1699
section within thirty days of a change in name or address, or	1700
both;	1701

(O) The amount and content of corrective action courses	1702
required by the board under section 4755.47 of the Revised Code.	1703

Sec. 4755.47.  (A) In accordance with Chapter 119. of the	1704
Revised Code, the physical therapy section of the Ohio	1705
occupational therapy, physical therapy, and athletic trainers	1706
board may refuse to grant a license to an applicant for an initial	1707
or renewed license as a physical therapist or physical therapist	1708
assistant or, by an affirmative vote of not less than five	1709
members, may limit, suspend, or revoke the license of a physical	1710
therapist or physical therapist assistant or reprimand, fine, or	1711
place a license holder on probation, or require the license holder	1712
to take corrective action courses, on any of the following	1713
grounds:	1714

(1) Habitual indulgence in the use of controlled substances,	1715
other habit-forming drugs, or alcohol to an extent that affects	1716
the individual's professional competency;	1717

(2) Conviction of a felony or a crime involving moral	1718
turpitude, regardless of the state or country in which the	1719
conviction occurred;	1720

(3) Obtaining or attempting to obtain a license issued by the	1721
physical therapy section by fraud or deception, including the	1722
making of a false, fraudulent, deceptive, or misleading statement;	1723

(4) An adjudication by a court, as provided in section	1724
5122.301 of the Revised Code, that the applicant or licensee is	1725
incompetent for the purpose of holding the license and has not	1726
thereafter been restored to legal capacity for that purpose;	1727

(5) Subject to section 4755.471 of the Revised Code,	1728
violation of the code of ethics adopted by the physical therapy	1729
section;	1730

(6) Violating or attempting to violate, directly or	1731
indirectly, or assisting in or abetting the violation of or	1732
conspiring to violate sections 4755.40 to 4755.56 of the Revised	1733
Code or any order issued or rule adopted under those sections;	1734

(7) Failure of one or both of the examinations required under	1735
section 4755.43 or 4755.431 of the Revised Code;	1736

(8) Permitting the use of one's name or license by a person,	1737
group, or corporation when the one permitting the use is not	1738
directing the treatment given;	1739

(9) Denial, revocation, suspension, or restriction of	1740
authority to practice a health care occupation, including physical	1741
therapy, for any reason other than a failure to renew, in Ohio or	1742
another state or jurisdiction;	1743

(10) Failure to maintain minimal standards of practice in the	1744
administration or handling of drugs, as defined in section 4729.01	1745
of the Revised Code, or failure to employ acceptable scientific	1746
methods in the selection of drugs, as defined in section 4729.01	1747
of the Revised Code, or other modalities for treatment;	1748

(11) Willful betrayal of a professional confidence;

1749

(12) Making a false, fraudulent, deceptive, or misleading	1750
statement in the solicitation of or advertising for patients in	1751
relation to the practice of physical therapy;	1752

(13) A departure from, or the failure to conform to, minimal	1753
standards of care required of licensees when under the same or	1754
similar circumstances, whether or not actual injury to a patient	1755
is established;	1756

(14) Obtaining, or attempting to obtain, money or anything of	1757
value by fraudulent misrepresentations in the course of practice;	1758

(15) Violation of the conditions of limitation or agreements	1759
placed by the physical therapy section on a license to practice;	1760

(16) Failure to renew a license in accordance with section	1761
4755.46 of the Revised Code;	1762

(17) Except as provided in section 4755.471 of the Revised	1763
Code, engaging in the division of fees for referral of patients or	1764
receiving anything of value in return for a specific referral of a	1765
patient to utilize a particular service or business;	1766

(18) Inability to practice according to acceptable and	1767
prevailing standards of care because of mental illness or physical	1768
illness, including physical deterioration that adversely affects	1769
cognitive, motor, or perception skills;	1770

(19) The revocation, suspension, restriction, or termination	1771
of clinical privileges by the United States department of defense	1772
or department of veterans affairs;	1773

(20) Termination or suspension from participation in the	1774
medicare or medicaid program established under Title XVIII and	1775
Title XIX, respectively, of the "Social Security Act," 49 Stat.	1776
620 (1935), 42 U.S.C. 301, as amended, for an act or acts that	1777
constitute a violation of sections 4755.40 to 4755.56 of the	1778
Revised Code;	1779

(21) Failure of a physical therapist to maintain supervision	1780
of a student, physical therapist assistant, unlicensed support	1781
personnel, other assistant personnel, or a license applicant in	1782
accordance with the requirements of sections 4755.40 to 4755.56 of	1783
the Revised Code and rules adopted under those sections;	1784

(22) Failure to complete continuing education requirements as	1785
prescribed in section 4755.51 or 4755.511 of the Revised Code or	1786
to satisfy any rules applicable to continuing education	1787
requirements that are adopted by the physical therapy section;	1788

(23) Conviction of a misdemeanor when the act that	1789
constitutes the misdemeanor occurs during the practice of physical	1790
therapy;	1791

(24)(a) Except as provided in division (A)(24)(b) of this	1792
section, failure to cooperate with an investigation conducted by	1793
the physical therapy section, including failure to comply with a	1794
subpoena or orders issued by the section or failure to answer	1795
truthfully a question presented by the section at a deposition or	1796
in written interrogatories.	1797

(b) Failure to cooperate with an investigation does not	1798
constitute grounds for discipline under this section if a court of	1799
competent jurisdiction issues an order that either quashes a	1800
subpoena or permits the individual to withhold the testimony or	1801
evidence at issue.	1802

(25) Regardless of whether the contact or verbal behavior is	1803
consensual, engaging with a patient other than the spouse of the	1804
physical therapist or physical therapist assistant, in any of the	1805
following:	1806

(a) Sexual contact, as defined in section 2907.01 of the	1807
Revised Code;	1808

(b) Verbal behavior that is sexually demeaning to the patient	1809
or may be reasonably interpreted by the patient as sexually	1810
demeaning.	1811

(26) Failure to notify the physical therapy section of a	1812
change in name, business address, or home address within thirty	1813
days after the date of change;	1814

(27) Except as provided in division (B) of this section:

1815

(a) Waiving the payment of all or any part of a deductible or	1816
copayment that a patient, pursuant to a health insurance or health	1817
care policy, contract, or plan that covers physical therapy, would	1818
otherwise be required to pay if the waiver is used as an	1819
enticement to a patient or group of patients to receive health	1820
care services from that provider;	1821

(b) Advertising that the individual will waive the payment of	1822
all or any part of a deductible or copayment that a patient,	1823
pursuant to a health insurance or health care policy, contract, or	1824
plan that covers physical therapy, would otherwise be required to	1825
pay;	1826

(28) Violation of any section of this chapter or rule adopted	1827
under it.	1828

(B) Sanctions shall not be imposed under division (A)(27) of	1829
this section against any individual who waives deductibles and	1830
copayments as follows:	1831

(1) In compliance with the health benefit plan that expressly	1832
allows such a practice. Waiver of the deductibles or copayments	1833
shall be made only with the full knowledge and consent of the plan	1834
purchaser, payer, and third-party administrator. Documentation of	1835
the consent shall be made available to the physical therapy	1836
section upon request.	1837

(2) For professional services rendered to any other person	1838
licensed pursuant to sections 4755.40 to 4755.56 of the Revised	1839
Code to the extent allowed by those sections and the rules of the	1840
physical therapy section.	1841

(C) When a license is revoked under this section, application	1842
for reinstatement may not be made sooner than one year after the	1843
date of revocation. The physical therapy section may accept or	1844
refuse an application for reinstatement and may require that the	1845
applicant pass an examination as a condition for reinstatement.	1846

When a license holder is placed on probation under this	1847
section, the physical therapy section's order for placement on	1848
probation shall be accompanied by a statement of the conditions	1849
under which the individual may be removed from probation and	1850
restored to unrestricted practice.	1851

(D) When an application for an initial or renewed license is	1852
refused under this section, the physical therapy section shall	1853
notify the applicant in writing of the section's decision to	1854
refuse issuance of a license and the reason for its decision.	1855

(E) On receipt of a complaint that a person licensed by the	1856
physical therapy section has committed any of the actions listed	1857
in division (A) of this section, the physical therapy section may	1858
immediately suspend the license of the physical therapist or	1859
physical therapist assistant prior to holding a hearing in	1860
accordance with Chapter 119. of the Revised Code if it determines,	1861
based on the complaint, that the person poses an immediate threat	1862
to the public. The physical therapy section shall notify the	1863
person of the suspension in accordance with section 119.07 of the	1864
Revised Code. If the person fails to make a timely request for an	1865
adjudication under Chapter 119. of the Revised Code, the physical	1866
therapy section shall enter a final order permanently revoking the	1867
person's license.	1868

Sec. 4755.71.  The Ohio occupational therapy, physical	1869
therapy, and athletic trainers board shall comply with section	1870
4776.20 of the Revised Code.	1871

Sec. 4757.10.  The counselor, social worker, and marriage and	1872
family therapist board may adopt any rules necessary to carry out	1873
this chapter.	1874

The board shall adopt rules that do all of the following:

1875

(A) Concern intervention for and treatment of any impaired	1876
person holding a license or certificate of registration issued	1877
under this chapter;	1878

(B) Establish standards for training and experience of	1879
supervisors described in division (C) of section 4757.30 of the	1880
Revised Code;	1881

(C) Define the requirement that an applicant be of good moral	1882
character in order to be licensed or registered under this	1883
chapter;	1884

(D) Establish requirements for criminal records checks of	1885
applicants under section 4776.03 of the Revised Code;	1886

(E) Establish a graduated system of fines based on the scope	1887
and severity of violations and the history of compliance, not to	1888
exceed five hundred dollars per incident, that any professional	1889
standards committee of the board may charge for a disciplinary	1890
violation described in section 4757.36 of the Revised Code;	1891

(F) Establish the amount and content of corrective action	1892
courses required by the board under section 4755.36 of the Revised	1893
Code.	1894

All rules adopted under this section shall be adopted in	1895
accordance with Chapter 119. of the Revised Code. When it adopts	1896
rules under this section or any other section of this chapter, the	1897
board may consider standards established by any national	1898
association or other organization representing the interests of	1899
those involved in professional counseling, social work, or	1900
marriage and family therapy.	1901

Sec. 4757.36.  (A) The appropriate professional standards	1902
committee of the counselor, social worker, and marriage and family	1903
therapist board may, in accordance with Chapter 119. of the	1904
Revised Code, take any action specified in division (B) of this	1905
section against an individual who has applied for or holds a	1906
license to practice as a professional clinical counselor,	1907
professional counselor, independent marriage and family therapist,	1908
marriage and family therapist, social worker, or independent	1909
social worker, or a certificate of registration to practice as a	1910
social work assistant, for any reason described in division (C) of	1911
this section.	1912

(B) In its imposition of sanctions against an individual, the	1913
board may do any of the following:	1914

(1) Refuse to issue or refuse to renew a license or	1915
certificate of registration;	1916

(2) Suspend, revoke, or otherwise restrict a license or	1917
certificate of registration;	1918

(3) Reprimand an individual holding a license or certificate	1919
of registration;	1920

(4) Impose a fine in accordance with the graduated system of	1921
fines established by the board in rules adopted under section	1922
4757.10 of the Revised Code;	1923

(5) Require an individual holding a license or certificate of	1924
registration to take corrective action courses.	1925

(C) The appropriate professional standards committee of the	1926
board may take an action specified in division (B) of this section	1927
for any of the following reasons:	1928

(1) Commission of an act that violates any provision of this	1929
chapter or rules adopted under it;	1930

(2) Knowingly making a false statement on an application for	1931
licensure or registration, or for renewal of a license or	1932
certificate of registration;	1933

(3) Accepting a commission or rebate for referring persons to	1934
any professionals licensed, certified, or registered by any court	1935
or board, commission, department, division, or other agency of the	1936
state, including, but not limited to, individuals practicing	1937
counseling, social work, or marriage and family therapy or	1938
practicing in fields related to counseling, social work, or	1939
marriage and family therapy;	1940

(4) A failure to comply with section 4757.12 of the Revised	1941
Code;	1942

(5) A conviction in this or any other state of a crime that	1943
is a felony in this state;	1944

(6) A failure to perform properly as a professional clinical	1945
counselor, professional counselor, independent marriage and family	1946
therapist, marriage and family therapist, social work assistant,	1947
social worker, or independent social worker due to the use of	1948
alcohol or other drugs or any other physical or mental condition;	1949

(7) A conviction in this state or in any other state of a	1950
misdemeanor committed in the course of practice as a professional	1951
clinical counselor, professional counselor, independent marriage	1952
and family therapist, marriage and family therapist, social work	1953
assistant, social worker, or independent social worker;	1954

(8) Practicing outside the scope of practice applicable to	1955
that person;	1956

(9) Practicing in violation of the supervision requirements	1957
specified under sections 4757.21 and 4757.26, and division (E) of	1958
section 4757.30, of the Revised Code;	1959

(10) A violation of the person's code of ethical practice	1960
adopted by rule of the board pursuant to section 4757.11 of the	1961
Revised Code;	1962

(11) Revocation or suspension of a license or certificate of	1963
registration, or the voluntary surrender of a license or	1964
certificate of registration in another state or jurisdiction for	1965
an offense that would be a violation of this chapter.	1966

(D) One year or more after the date of suspension or	1967
revocation of a license or certificate of registration under this	1968
section, application may be made to the appropriate professional	1969
standards committee for reinstatement. The committee may accept or	1970
refuse an application for reinstatement. If a license has been	1971
suspended or revoked, the committee may require an examination for	1972
reinstatement.	1973

(E) On request of the board, the attorney general shall bring	1974
and prosecute to judgment a civil action to collect any fine	1975
imposed under division (B)(4) of this section that remains unpaid.	1976

(F) All fines collected under division (B)(4) of this section	1977
shall be deposited into the state treasury to the credit of the	1978
occupational licensing and regulatory fund.	1979

Sec. 4757.45.  The counselor, social worker, and marriage and	1980
family therapist board shall comply with section 4776.20 of the	1981
Revised Code.	1982

Sec. 4758.72.  The chemical dependency professionals board	1983
shall comply with section 4776.20 of the Revised Code.	1984

Sec. 4759.12.  The Ohio board of dietetics shall comply with	1985
section 4776.20 of the Revised Code.	1986

Sec. 4760.22.  The state medical board shall comply with	1987
section 4776.20 of the Revised Code.	1988

Sec. 4761.18.  The Ohio respiratory care board shall comply	1989
with section 4776.20 of the Revised Code.	1990

Sec. 4762.23.  The state medical board shall comply with	1991
section 4776.20 of the Revised Code.	1992

Sec. 4763.20.  The real estate appraiser board shall comply	1993
with section 4776.20 of the Revised Code.	1994

Sec. 4765.58.  The state board of emergency medical services	1995
shall comply with section 4776.20 of the Revised Code.	1996

Sec. 4766.23.  The Ohio medical transportation board shall	1997
comply with section 4776.20 of the Revised Code.	1998

Sec. 4771.23.  The Ohio athletic commission shall comply with	1999
section 4776.20 of the Revised Code.	2000

Sec. 4773.09.  The department of health shall comply with	2001
section 4776.20 of the Revised Code.	2002

Sec. 4774.22.  The state medical board shall comply with	2003
section 4776.20 of the Revised Code.	2004

Sec. 4776.01. As used in this chapter:

2005

(A) "License" means any of the following:

2006

(1) Anan authorization evidenced by a license, certificate,	2007
registration, permit, card, or other authority that is issued or	2008
conferred by a licensing agency described in division (C)(1) of	2009
this section to a licensee or to an applicant for an initial	2010
license by which the licensee or initial license applicant has or	2011
claims the privilege to engage in a profession, occupation, or	2012
occupational activity, or, except in the case of the state dental	2013
board, to have control of and operate certain specific equipment,	2014
machinery, or premises, over which the licensing agency has	2015
jurisdiction.	2016

(2) An authorization evidenced by a license or certificate	2017
that is issued by a licensing agency described in division (C)(2)	2018
of this section pursuant to section 4715.12, 4715.16, 4715.21, or	2019
4715.27 of the Revised Code to a licensee or to an applicant for	2020
an initial license by which the licensee or initial license	2021
applicant has or claims the privilege to engage in a profession,	2022
occupation, or occupational activity over which the licensing	2023
agency has jurisdiction.	2024

(B) Except as provided in section 4776.20 of the Revised	2025
Code, "Licenseelicensee" means the person to whom the license is	2026
issued by a licensing agency.	2027

(C) Except as provided in section 4776.20 of the Revised	2028
Code, "Licensinglicensing agency" means any of the following:	2029

(1) The board authorized by Chapters 4701., 4717., 4725.,	2030
4729., 4730., 4731., 4732., 4734., 4740., 4741., 4755., 4757.,	2031
4759., 4760., 4761., 4762., and 4779. of the Revised Code to issue	2032
a license to engage in a specific profession, occupation, or	2033
occupational activity, or to have charge of and operate certain	2034
specified equipment, machinery, or premises.	2035

(2) The state dental board, relative to its authority to	2036
issue a license pursuant to section 4715.12, 4715.16, 4715.21, or	2037
4715.27 of the Revised Code.	2038

(D) "Applicant for an initial license" includes persons	2039
seeking a license for the first time and persons seeking a license	2040
by reciprocity, endorsement, or similar manner of a license issued	2041
in another state.	2042

(E) "Applicant for a restored license" includes persons	2043
seeking restoration of a certificate under section 4730.14,	2044
4731.281, 4760.06, or 4762.06 of the Revised Code.	2045

(F) "Criminal records check" has the same meaning as in	2046
section 109.572 of the Revised Code.	2047

Sec. 4776.20.  (A) As used in this section:

2048

(1) "Licensing agency" means, in addition to each board	2049
identified in division (C) of section 4776.01 of the Revised Code,	2050
the board or other government entity authorized to issue a license	2051
under Chapters 4703., 4707., 4709., 4712., 4713., 4719., 4723.,	2052
4727., 4728., 4733., 4735., 4736., 4737., 4738., 4740., 4742.,	2053
4747., 4749., 4751., 4752., 4753., 4758., 4759., 4763., 4765.,	2054
4766., 4771., 4773., 4774., 4778., and 4781. of the Revised Code.	2055
"Licensing agency" includes an administrative officer that has	2056
authority to issue a license.	2057

(2) "Licensee" means, in addition to a licensee as described	2058
in division (B) of section 4776.01 of the Revised Code, the person	2059
to whom a license is issued by the board or other government	2060
entity authorized to issue a license under Chapters 4703., 4707.,	2061
4709., 4712., 4713., 4719., 4723., 4727., 4728., 4733., 4735.,	2062
4736., 4737., 4738., 4740., 4742., 4747., 4749., 4751., 4752.,	2063
4753., 4758., 4759., 4763., 4765., 4766., 4771., 4773., 4774.,	2064
4778., and 4781. of the Revised Code.	2065

(3) "Prosecutor" has the same meaning as in section 2935.01	2066
of the Revised Code.	2067

(B) On a licensee's conviction of, plea of guilty to,	2068
judicial finding of guilt of, or judicial finding of guilt	2069
resulting from a plea of no contest to the offense of trafficking	2070
in persons in violation of section 2905.32 of the Revised Code,	2071
the prosecutor in the case shall promptly notify the licensing	2072
agency of the conviction, plea, or finding and provide the	2073
licensee's name and residential address. On receipt of this	2074
notification, the licensing agency shall immediately suspend the	2075
licensee's license.	2076

(C) If there is a conviction of, plea of guilty to, judicial	2077
finding of guilt of, or judicial finding of guilt resulting from a	2078
plea of no contest to the offense of trafficking in persons in	2079
violation of section 2905.32 of the Revised Code and all or part	2080
of the violation occurred on the premises of a facility that is	2081
licensed by a licensing agency, the prosecutor in the case shall	2082
promptly notify the licensing agency of the conviction, plea, or	2083
finding and provide the facility's name and address and the	2084
offender's name and residential address. On receipt of this	2085
notification, the licensing agency shall immediately suspend the	2086
facility's license.	2087

(D) Notwithstanding any provision of the Revised Code to the	2088
contrary, the suspension of a license under division (B) or (C) of	2089
this section shall be implemented by a licensing agency without a	2090
prior hearing. After the suspension, the licensing agency shall	2091
give written notice to the subject of the suspension of the right	2092
to request a hearing under Chapter 119. of the Revised Code. After	2093
a hearing is held, the licensing agency shall either revoke or	2094
permanently revoke the licence of the subject of the suspension,	2095
unless it determines that the license holder has not been	2096
convicted of, pleaded guilty to, been found guilty of, or been	2097
found guilty based on a plea of no contest to the offense of	2098
trafficking in persons in violation of section 2905.32 of the	2099
Revised Code.	2100

Sec. 4778.25.  The state medical board shall comply with	2101
section 4776.20 of the Revised Code.	2102

Sec. 4779.34.  The state board of orthotics, prosthetics, and	2103
pedorthics shall comply with section 4776.20 of the Revised Code.	2104

Sec. 4781.55.  The manufactured homes commission shall comply	2105
with section 4776.20 of the Revised Code.	2106

Sec. 5322.01.  As used in sections 5322.01 to 5322.05 of the	2107
Revised Code:	2108

(A) "Self-service storage facility" means any real property	2109
that is designed and used only for the purpose of renting or	2110
leasing individual storage space in the facility under the	2111
following conditions:	2112

(1) The occupants have access to the storage space only for	2113
the purpose of storing and removing personal property;.	2114

(2) The owner does not issue a warehouse receipt, bill of	2115
lading, or other document of title, as defined in section 1301.201	2116
of the Revised Code, for the personal property stored in the	2117
storage space;	2118

(3) The property has fifty or more individual storage spaces.

2119

"Self-service storage facility" does not include any garage	2120
used principally for parking motor vehicles, any garage or storage	2121
area in a private residence, an establishment licensed pursuant to	2122
sections 915.14 to 915.24 of the Revised Code, or any property of	2123
a bank or savings and loan association that contains vaults, safe	2124
deposit boxes, or other receptacles for the uses, purposes, and	2125
benefits of the bank's or savings and loan association's	2126
customers.	2127

(B) "Owner" means a person that is either the owner of a	2128
self-service storage facility or the lessor of an entire	2129
self-service storage facility and that receives rent from an	2130
occupant pursuant to a rental agreement that the person enters	2131
into with the occupant.	2132

(C) "Occupant" means a person that rents storage space at a	2133
self-service storage facility pursuant to a rental agreement that	2134
the person enters into with the owner.	2135

(D) "Rental agreement" means any written agreement that is	2136
entered into by the owner and the occupant and that establishes	2137
the terms and conditions of the occupant's use of storage space at	2138
a self-service storage facility.	2139

(E) "Personal property" means money and every animate or	2140
inanimate tangible thing that is the subject of ownership, except	2141
anything forming part of a parcel of real estate, as defined in	2142
section 5701.02 of the Revised Code, and except anything that is	2143
an agricultural commodity, as defined in division (A) of section	2144
926.01 of the Revised Code.	2145

(F) "Late fee" means any fee or charge assessed for an	2146
occupant's failure to pay rent when due. "Late fee" does not	2147
include interest on a debt, reasonable expenses incurred in the	2148
collection of unpaid rent, or costs associated with the	2149
enforcement of any other remedy provided by statute or contract.	2150

(G) "Last known address" means either of the following:

2151

(1) The mailing address provided by the occupant in the most	2152
recent rental agreement or the mailing address provided by the	2153
occupant in a subsequent written notice of a change of address;	2154

(2) The mailing address of any of the persons described in	2155
division (A) of section 5322.03 of the Revised Code that is	2156
provided by any of those persons to the owner of a self-service	2157
storage facility or that is discovered by the owner of a	2158
self-service storage facility.	2159

Sec. 5322.02.  (A) The owner of a self-service storage	2160
facility has a lien against the occupant on the personal property	2161
stored pursuant to a rental agreement in any storage space at the	2162
self-service storage facility, or on the proceeds of the personal	2163
property subject to the defaulting occupant's rental agreement in	2164
the owner's possession, for rent, labor, or other charges in	2165
relation to the personal property that are specified in the rental	2166
agreement and that have become due and for expenses necessary for	2167
the preservation of the personal property or expenses reasonably	2168
incurred in the sale or other disposition of the personal property	2169
pursuant to law. The owner's lien provided for in this section is	2170
also effective against the following persons:	2171

(1) A person who has an unfiled security interest in the	2172
personal property, except that the owner's lien is not effective	2173
against a person who has a valid security interest in a motor	2174
vehicle or a valid security interest in a watercraft, whether or	2175
not the security interest in the motor vehicle or watercraft is	2176
filed;	2177

(2) A person who meets both of the following requirements:

2178

(a) WhoThe person has a legal interest in the personal	2179
property, a filed security interest in the personal property, or a	2180
valid security interest in the personal property that is a motor	2181
vehicle; and.	2182

(b) WhoThe person consents in writing to the storage of the	2183
personal property.	2184

(B) The owner's lien created by division (A) of this section	2185
attaches as of the date the personal property is brought to the	2186
self-service storage facility. An owner loses histhe owner's lien	2187
on any personal property that hethe owner voluntarily permits to	2188
be removed from the self-service storage facility or unjustifiably	2189
refuses to permit to be removed from the self-service storage	2190
facility.	2191

Sec. 5322.03.  An owner's lien created by division (A) of	2192
section 5322.02 of the Revised Code for a claim that has become	2193
due may be enforced only as follows:	2194

(A) AllThe following persons whom the owner has actual	2195
knowledge claim an interest in the personal property, and all	2196
persons who have filed security agreements in the name of the	2197
occupant evidencing a security interest in the personal property	2198
with either the secretary of state or the county recorder of the	2199
county in which the facility is located or the Ohio county of the	2200
last known address of the occupant, shall be notified in	2201
accordance with divisonsdivisions (B) and (C) of this section;:	2202

(1) All persons whom the owner has actual knowledge of and	2203
who claim an interest in the personal property;	2204

(2) All persons holding liens on any motor vehicle or	2205
watercraft amongst the property;	2206

(3) All persons who have filed security agreements in the	2207
name of the occupant evidencing a security interest in the	2208
personal property with either the secretary of state or the county	2209
recorder of the county in which the self-service storage facility	2210
is located or the Ohio county of the last known address of the	2211
occupant.	2212

(B) The notice shall be delivered in person or, sent by	2213
certified mail, or sent by first-class mail with a certificate of	2214
mailing to the last known address of each person who is required	2215
to be notified by division (A) of this section;	2216

(C) The notice shall include all of the following:

2217

(1) The name and last known address of the occupant who	2218
rented the storage space in which the personal property was	2219
stored;	2220

(2) An itemized statement of the owner's claim showing the	2221
sum due at the time of the notice and the date when the sum became	2222
due;	2223

(3) A brief and general description of the personal property	2224
subject to the lien. The description shall be reasonably adequate	2225
to permit the person notified to identify it except that any	2226
container including, but not limited to, a trunk, valise, or box	2227
that is locked, fastened, sealed, or tied in a manner that deters	2228
immediate access to its contents and that has not been opened by	2229
the owner prior to the date on which the notice is given may be	2230
described as such without describing its contents.	2231

(4) A notice of denial of access to the personal property, if	2232
a denial of access is permitted under the terms of the rental	2233
agreement, which notice provides the name, street address, and	2234
telephone number of the person whom the person notified may	2235
contact to pay the claim and to either obtain the personal	2236
property or enter into a rental agreement for the storage of the	2237
personal property;	2238

(5) A demand for payment within a specified time not less	2239
than ten days after delivery of the notice;	2240

(6) A conspicuous statement that unless the claim is paid	2241
within that time the personal property will be advertised for sale	2242
and will be sold by auction at a specified time and place and	2243
that, if no person purchases the personal property at the auction,	2244
the personal property may be sold at a private sale or destroyed;	2245

(7) The address of the place at which the sale will be held,	2246
if the sale will be held at a place other than the self-service	2247
storage facility in which the personal property was stored.	2248

(D) Any notice given pursuant to this section shall be	2249
presumed delivered, if the notice is sent by first-class mail with	2250
a certificate of mailing, when it is deposited with the United	2251
States postal service and properly addressed with proper postage	2252
prepaid.	2253

(E) The sale of the personal property shall conform to the	2254
terms of the notice as provided for in this section;.	2255

(E)(F) The sale of the personal property shall be held at the	2256
self-service storage facility or, if the address of the place was	2257
included in the notice as required by division (C)(7) of this	2258
section, at the nearest suitable place to the self-service storage	2259
facility at which the personal property is stored;.	2260

(F)(G) After the expiration of the time given in the notice,	2261
an advertisement of the sale shall be published once a week for	2262
two consecutive weeks in a newspaper of general circulation in the	2263
county in which the self-service storage facility is located or	2264
any other commercially reasonable manner. The manner of	2265
advertisement shall be deemed commercially reasonable if at least	2266
three independent bidders attend the sale at the time and place	2267
advertised. The advertisement shall include all of the following:	2268

(1) A brief and general description of the personal property	2269
as required by division (C)(3) of this section, except that the	2270
description shall describe the contents of any trunk, valise, or	2271
box that is locked, fastened, sealed, or tied in a manner that	2272
deters immediate access to its contents, if the trunk, valise, or	2273
box is opened by the owner prior to the date on which the	2274
advertisement of sale is published;	2275

(2) The name and last known address of the occupant who	2276
rented the storage space in which the personal property was	2277
stored;	2278

(3) The address of the self-service storage facility;

2279

(4) The time, place, and manner of the sale.

2280

The sale shall take place at least fifteen days after the	2281
first publication. If there is no newspaper of general circulation	2282
in the county in which the self-service storage facility is	2283
located, the advertisement shall be posted at least ten days	2284
before the date of the sale in not less than six conspicuous	2285
places in the neighborhood where the self-service storage facility	2286
is located.	2287

(G)(H)(1) Before any sale of personal property pursuant to	2288
this section, anyAny person who has a legal interest or a	2289
security interest in the personal property, or who holds a lien	2290
against, a motor vehicle or watercraft may pay the amount	2291
necessary to satisfy the lien created by division (A) of section	2292
5322.02 of the Revised Code and the reasonable expenses incurred	2293
under this section. AnyThat person except the occupant may, upon	2294
payment of the amount necessary to satisfy the lien plus expenses,	2295
may enter into a new rental agreement for the storage of the	2296
personal property or, if hethe motor vehicle or watercraft. Any	2297
person who presents proof of a legalsecurity interest in the	2298
personal property or of a right to take possession of the personal	2299
propertyor lien on a motor vehicle or watercraft or a court	2300
order authorizing himthe person to take possession of the	2301
personal property, shalla motor vehicle or watercraft may	2302
immediately remove the personal propertymotor vehicle or	2303
watercraft from the self-service storage facility without	2304
satisfying the lien or expenses of the owner.	2305

(2) Before any sale of personal property other than a motor	2306
vehicle or watercraft pursuant to this section, any person who has	2307
a legal interest or a security interest in, or who holds a lien	2308
against, any personal property other than a motor vehicle or	2309
watercraft may pay the amount necessary to satisfy the lien	2310
created by division (A) of section 5322.02 of the Revised Code and	2311
the reasonable expenses incurred under this section and remove the	2312
personal property in which the person has the interest or against	2313
which the person holds the lien. After removal of all the personal	2314
property, including any motor vehicle or watercraft, from the	2315
storage space of the self-service storage facility by any means	2316
under this section, any person can enter into a rental agreement	2317
for the storage of personal property with the owner, and the owner	2318
has no obligation to the prior occupant of that storage space in	2319
the self-service storage facility. Before entering into a new	2320
rental agreement, the owner must have any motor vehicle or	2321
watercraft towed from that storage space.	2322

(3) Upon receipt of the payment from a person other than the	2323
occupant, the owner shall enter into a new rental agreement for	2324
the storage of the personal property or, if the person meets the	2325
conditions set forth in division (G)(1)(H)(2) of this section,	2326
shall permit the person to remove the personal property from the	2327
self-service storage facility.	2328

(3)(4) If the occupant pays the amount necessary to satisfy	2329
the lien created by division (A) of section 5322.02 of the Revised	2330
Code and the reasonable expenses incurred under this section, he	2331
the occupant shall immediately remove all of histhe occupant's	2332
personal property from the self-service storage facility, unless	2333
the owner of the self-service storage facility agrees to enter	2334
into a new rental agreement for the storage of the property.	2335

(H)(I)(1) If property on which there is a lien under division	2336
(A) of section 5322.02 of the Revised Code is not sold at auction,	2337
but is claimed under division (H) of this section and the owner's	2338
lien is satisfied, then all legal or security interest in, or any	2339
other liens held against, the property shall remain intact.	2340

(2) A purchaser at auction in good faith, except an owner or	2341
hisan owner's agent, of the personal property sold to satisfy an	2342
owner's lien created by division (A) of section 5322.02 of the	2343
Revised Code takes the property free and clear of any rights of	2344
persons against whom the lien was valid, or any persons who had an	2345
interest in, or who held, any other lien against the property,	2346
despite noncompliance by the owner with the requirements of this	2347
section;.	2348

(I)(J) The owner may examine any personal property to be sold	2349
pursuant to this section. The examination may include, but is not	2350
limited to, the opening of any trunk, valise, box, or other	2351
container that is locked, fastened, sealed, tied, or otherwise	2352
closed in a manner that deters immediate access to its contents.	2353

(J)(K)(1) If the property upon which the lien created under	2354
division (A) of this section is claimed is a motor vehicle or a	2355
watercraft, the owner shall have the motor vehicle or watercraft	2356
towed from the premises if any of the following circumstances	2357
applies:	2358

(a) The notice was delivered or sent pursuant to division (B)	2359
of this section to all persons holding a lien on the motor vehicle	2360
or watercraft, and thirty days have elapsed since the notice was	2361
delivered or sent without a response from any of those persons.	2362

(b) Rent and other charges related to the property remain	2363
unpaid or unsatisfied by the occupant for sixty days, and no lien	2364
holders have been identified.	2365

(c) The owner is planning to hold a sale at auction of the	2366
personal property that was stored in the self-service storage unit	2367
with that motor vehicle or watercraft, in which case the motor	2368
vehicle or watercraft shall be towed prior to the auction.	2369

(2) The owner shall not be liable for the motor vehicle or	2370
watercraft or any damages to the motor vehicle or watercraft once	2371
the tower takes possession of the property. The notice delivered	2372
or sent pursuant to division (B) of this section to all persons	2373
holding a lien on the motor vehicle or watercraft shall include	2374
the name of the towing company. The name and the address of the	2375
towing company shall also be made available to the occupant or any	2376
lien holder upon the presentation of a document of title or	2377
another document that confirms an interest in the motor vehicle or	2378
watercraft.	2379

(L) The owner may satisfy histhe owner's lien from the	2380
proceeds of any sale held pursuant to this section, but shall mail	2381
the balance, if any, by certified mail to the occupant at histhe	2382
occupant's last known address. If the balance is returned to the	2383
owner after the owner mailed the balance by certified mail to the	2384
occupant or if the address of the occupant is not known, the owner	2385
shall hold the balance for two years after the date of the sale	2386
for delivery on demand to the occupant or to any other person who	2387
would have been entitled to possession of the personal property.	2388
After the expiration of the two-year period, the balance shall	2389
become unclaimed funds, as defined in division (B) of section	2390
169.01 of the Revised Code, and shall be disposed of pursuant to	2391
Chapter 169. of the Revised Code.	2392

(K)(M) An owner may buy at any public sale held pursuant to	2393
this section.	2394

(L)(N) The rights provided by this section shall be in	2395
addition to all other rights allowed by law to a creditor against	2396
hisa debtor.	2397

(M)(O)(1) If the owner complies with the requirements for	2398
sale under this section, the owner's liability to persons who have	2399
an interest in the personal property sold is limited to the	2400
balance of the proceeds of the sale after the owner has satisfied	2401
histhe owner's lien.	2402

(2) The owner is liable for damages caused by the failure to	2403
comply with the requirements for sale under this section and is	2404
liable for conversion for willful violation of the requirements	2405
for sale under this section.	2406

(N)(P) If no person purchases the personal property at the	2407
auction and if the owner has complied with this section, the owner	2408
may do any of the following:	2409

(1) Advertise and sell the personal property pursuant to	2410
divisions (E)(F) to (M)(O) of this section;	2411

(2) Sell the personal property at a private sale;

2412

(3) Dispose of the personal property in any manner considered	2413
appropriate by the owner including, but not limited to, destroying	2414
the personal property.	2415

Sec. 5809.031. (A) Notwithstanding any other provision of the	2416
Ohio Uniform Prudent Investor Act, unless otherwise provided by	2417
the terms of the trust, the duties of a trustee with respect to	2418
the acquisition, retention, or ownership of a life insurance	2419
policy as a trust asset do not include any of the following	2420
duties:	2421

(1) To determine whether the policy is or remains a proper	2422
investment;	2423

(2) To diversify the investment in the policy relative to any	2424
other life insurance policies or to any other trust assets;	2425

(3) To exercise or not to exercise any option, right, or	2426
privilege available under the policy, including the payment of	2427
premiums, unless there is sufficient cash or there are other	2428
readily marketable trust assets from which to pay the premiums or	2429
there are other trust assets that were designated by the settlor	2430
or any other person transferring those assets to the trust to be	2431
used for that purpose, regardless of whether that exercise or	2432
nonexercise results in the lapse or termination of the policy;	2433

(4) To investigate the financial strength or changes in the	2434
financial strength of the life insurance company maintaining the	2435
policy;	2436

(5) To inquire about changes in the health or financial	2437
condition of the insured or insureds under the policy.	2438

(B) The trustee, the attorney who drafted a trust, or any	2439
person who was consulted with regard to the creation of a trust,	2440
in the absence of fraud, is not liable to the beneficiaries of the	2441
trust or to any other person for any loss arising from the absence	2442
of the duties specified in divisions (A)(1) to (5) of this	2443
section.	2444

(C) Unless otherwise provided by the terms of the trust, this	2445
section applies to a trust established before, on, or after the	2446
effective date of this sectionMarch 22, 2012, and to a life	2447
insurance policy acquired, retained, or owned by a trustee before,	2448
on, or after the effective date of this sectionMarch 22, 2012.	2449

Section 2. That existing sections 181.25, 341.27, 1337.28,	2450
1705.081, 2111.121, 2151.85, 2501.03, 2501.14, 2501.15, 2503.33,	2451
2947.23, 2949.091, 2953.08, 4713.64, 4715.101, 4717.04, 4717.14,	2452
4725.19, 4755.06, 4755.11, 4755.411, 4755.47, 4757.10, 4757.36,	2453
4776.01, 5322.01, 5322.02, 5322.03, and 5809.031 of the Revised	2454
Code are hereby repealed.	2455

Section 3.  Section 2947.23 of the Revised Code is presented	2456
in this act as a composite of the section as amended by both Sub.	2457
H.B. 268 and Am. Sub. S.B. 337 of the 129th General Assembly. The	2458
General Assembly, applying the principle stated in division (B) of	2459
section 1.52 of the Revised Code that amendments are to be	2460
harmonized if reasonably capable of simultaneous operation, finds	2461
that the composite is the resulting version of the section in	2462
effect prior to the effective date of the section as presented in	2463
this act.	2464