As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 264


Representatives Burke, Grossman 

Cosponsors: Representatives Adams, J., Beck, Brenner, Boose, Combs, Dovilla, Duffey, Huffman, Kozlowski, Martin, McGregor, Thompson, Young 



A BILL
To amend sections 9.90, 101.532, 101.83, 101.84, 1
101.85, 101.86, 102.02, 109.91, 121.32, 127.14, 2
173.03, 173.04, 3302.021, 3311.71, 3312.01, 3
3312.09, 3313.202, 3701.025, 3701.63, 3727.312, 4
3737.03, 3737.21, 3737.81, 3737.86, 3737.88, 5
3743.54, 3746.04, 4117.03, 4121.03, 4121.12, 6
4121.121, 4121.125, 4121.128, 4123.341, 4123.342, 7
4123.35, 5111.708, 5123.032, and 5123.093; and to 8
repeal sections 9.901, 101.37, 121.374, 122.97, 9
122.971, 122.98, 122.981, 125.833, 184.23, 10
184.231, 1349.71, 1349.72, 1501.25, 2151.282, 11
3311.77, 3312.11, 3312.12, 3319.70, 3319.71, 12
3701.92, 3727.322, 3746.03, 4121.75, 4121.76, 13
4121.77, 4121.78, 4121.79, 4501.025, 5111.709, 14
5111.7010, and 5902.15 of the Revised Code; and to 15
amend Section 5 of Sub. H.B. 125 of the 127th 16
General Assembly as subsequently amended, Section 17
20 of Am. Sub. H.B. 554 of the 127th General 18
Assembly, Section 3 of Sub. H.B. 187 of the 126th 19
General Assembly, and Section 513.03 of Am. Sub. 20
H.B. 66 of the 126th General Assembly as 21
subsequently amended; and to repeal Section 3 of 22
Sub. H.B. 495 of the 128th General Assembly, 23
Sections 209.40, 309.40.70, and 709.10 of Am. Sub. 24
H.B. 1 of the 128th General Assembly, Sections 25
755.80 and 756.40 of Am. Sub. H.B. 2 of the 128th 26
General Assembly, Section 3 of Sub. H.B. 7 of the 27
127th General Assembly, Section 555.17 of Am. Sub. 28
H.B. 67 of the 127th General Assembly, Sections 29
263.30.30, 337.20.20, 377.20, and 737.11 of Am. 30
Sub. H.B. 119 of the 127th General Assembly, 31
Sections 6 and 7 of Sub. H.B. 125 of the 127th 32
General Assembly, Section 2 of Sub. H.B. 233 of 33
the 127th General Assembly, Sections 703.30 and 34
715.50 of Am. Sub. H.B. 562 of the 127th General 35
Assembly, Section 4 of Am. Sub. S.B. 77 of the 36
127th General Assembly, Sections 206.10.12, 37
206.42.12, 206.66.24, 206.66.43, 209.63.58, 38
503.09, and 503.12 of Am. Sub. H.B. 66 of the 39
126th General Assembly, Section 4 of Sub. H.B. 187 40
of the 126th General Assembly, Section 1 of Sub. 41
H.B. 371 of the 126th General Assembly, Section 42
235.60.70 of Am. Sub. H.B. 699 of the 126th 43
General Assembly, Section 3 of Am. Sub. S.B. 167 44
of the 126th General Assembly, Section 5 of Am. 45
Sub. S.B. 260 of the 126th General Assembly, 46
Section 3 of Sub. S.B. 393 of the 126th General 47
Assembly, Sections 12 and 25 of Am. Sub. H.B. 87 48
of the 125th General Assembly, Sections 41.35 and 49
153 of Am. Sub. H.B. 95 of the 125th General 50
Assembly, Section 8 of Sub. H.B. 299 of the 125th 51
General Assembly, Section 6 of Am. Sub. H.B. 516 52
of the 125th General Assembly, Section 3 of Am. 53
Sub. S.B. 86 of the 125th General Assembly, 54
Section 3 of Sub. H.B. 230 of the 124th General 55
Assembly, Section 3 of Am. Sub. H.B. 474 of the 56
124th General Assembly, Section 4 of Am. Sub. S.B. 57
281 of the 124th General Assembly, Section 3 of 58
Am. H.B. 416 of the 127th General Assembly as 59
subsequently amended, Section 701.20 of Am. Sub. 60
H.B. 562 of the 127th General Assembly as 61
subsequently amended, Section 206.66.53 of Am. 62
Sub. H.B. 66 of the 126th General Assembly as 63
subsequently amended, Section 6 of Sub. H.B. 336 64
of the 126th General Assembly as subsequently 65
amended, Section 755.03 of Am. Sub. H.B. 530 of 66
the 126th General Assembly as subsequently 67
amended, Section 6 of Am. Sub. S.B. 238 of the 68
126th General Assembly as subsequently amended, 69
Section 152 of Am. Sub. H.B. 95 of the 125th 70
General Assembly as subsequently amended, and 71
Section 59.29 of Am. Sub. H.B. 95 of the 125th 72
General Assembly as subsequently amended to 73
implement the recommendations of the Sunset Review 74
Committee by abolishing, terminating, 75
transferring, or renewing various agencies and by 76
reestablishing the Sunset Review Committee but 77
postponing its operation until the 131st General 78
Assembly, to terminate the operation of certain 79
provisions of this act on December 31, 2016, by 80
repealing sections 101.82, 101.83, 101.84, 101.85, 81
101.86, and 101.87 of the Revised Code on that 82
date, and to declare an emergency. 83


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

       Section 1. That sections 9.90, 101.532, 101.83, 101.84, 84
101.85, 101.86, 102.02, 109.91, 121.32, 127.14, 173.03, 173.04, 85
3302.021, 3311.71, 3312.01, 3312.09, 3313.202, 3701.025, 3701.63, 86
3727.312, 3737.03, 3737.21, 3737.81, 3737.86, 3737.88, 3743.54, 87
3746.04, 4117.03, 4121.03, 4121.12, 4121.121, 4121.125, 4121.128, 88
4123.341, 4123.342, 4123.35, 5111.708, 5123.032, and 5123.093 of 89
the Revised Code be amended to read as follows:90

       Sec. 9.90.  (A) The governing board of any public institution 91
of higher education, including without limitation state 92
universities and colleges, community college districts, university 93
branch districts, technical college districts, and municipal 94
universities, may, in addition to all other powers provided in the 95
Revised Code:96

       (1) Contract for, purchase, or otherwise procure from an 97
insurer or insurers licensed to do business by the state of Ohio 98
for or on behalf of such of its employees as it may determine, 99
life insurance, or sickness, accident, annuity, endowment, health, 100
medical, hospital, dental, or surgical coverage and benefits, or 101
any combination thereof, by means of insurance plans or other 102
types of coverage, family, group or otherwise, and may pay from 103
funds under its control and available for such purpose all or any 104
portion of the cost, premium, or charge for such insurance, 105
coverage, or benefits. However, the governing board, in addition 106
to or as an alternative to the authority otherwise granted by 107
division (A)(1) of this section, may elect to procure coverage for 108
health care services, for or on behalf of such of its employees as 109
it may determine, by means of policies, contracts, certificates, 110
or agreements issued by at least two health insuring corporations 111
holding a certificate of authority under Chapter 1751. of the 112
Revised Code and may pay from funds under the governing board's 113
control and available for such purpose all or any portion of the 114
cost of such coverage.115

       (2) Make payments to a custodial account for investment in 116
regulated investment company stock for the purpose of providing 117
retirement benefits as described in section 403(b)(7) of the 118
Internal Revenue Code of 1954, as amended. Such stock shall be 119
purchased only from persons authorized to sell such stock in this 120
state.121

       Any income of an employee deferred under divisions (A)(1) and 122
(2) of this section in a deferred compensation program eligible 123
for favorable tax treatment under the Internal Revenue Code of 124
1954, as amended, shall continue to be included as regular 125
compensation for the purpose of computing the contributions to and 126
benefits from the retirement system of such employee. Any sum so 127
deferred shall not be included in the computation of any federal 128
and state income taxes withheld on behalf of any such employee.129

       (B) All or any portion of the cost, premium, or charge 130
therefor may be paid in such other manner or combination of 131
manners as the governing board may determine, including direct 132
payment by the employee in cases under division (A)(1) of this 133
section, and, if authorized in writing by the employee in cases 134
under division (A)(1) or (2) of this section, by such governing 135
board with moneys made available by deduction from or reduction in 136
salary or wages or by the foregoing of a salary or wage increase. 137
Nothing in section 3917.01 or section 3917.06 of the Revised Code 138
shall prohibit the issuance or purchase of group life insurance 139
authorized by this section by reason of payment of premiums 140
therefor by the governing board from its funds, and such group 141
life insurance may be so issued and purchased if otherwise 142
consistent with the provisions of sections 3917.01 to 3917.07 of 143
the Revised Code.144

       (C) The board of education of any school district may 145
exercise any of the powers granted to the governing boards of 146
public institutions of higher education under divisions (A) and 147
(B) of this section, except in relation to the provision of health 148
care benefits to employees. All health care benefits provided to 149
persons employed by the public schools of this state shall be 150
health care plans that contain best practices established by the 151
school employees health care board pursuant to section 9.901 of 152
the Revised Code.153

       Sec. 101.532.  The main operating appropriations bill shall 154
not contain appropriations for the industrial commission, the 155
workers' compensation council, or the bureau of workers' 156
compensation. Appropriations for the bureau and the council shall 157
be enacted in one bill, and appropriations for the industrial 158
commission shall be enacted in a separate bill.159

       Sec. 101.83.  (A) An agency in existence on January 1, 2005160
2011, shall expire on December 31, 20102016, unless the agency is 161
renewed in accordance with division (D) of this section and, if so 162
renewed, shall expire thereafter on the thirty-first day of 163
December of the fourth year after the year in which it was most 164
recently renewed unless the agency is renewed in accordance with 165
division (D) of this section. An agency created after January 1, 166
20052011, that is created on the thirty-first day of December 167
shall expire not later than four years after its creation, unless 168
the agency is renewed in accordance with division (D) of this 169
section. An agency created after January 1, 20052011, that is 170
created on any other date shall be considered for the purpose of 171
this section to have been created on the preceding thirty-first 172
day of December, and the agency shall expire not later than four 173
years after the date it was considered to have been created, 174
unless the agency is renewed in accordance with division (D) of 175
this section. Any act creating or renewing an agency shall contain 176
a distinct section providing a specific expiration date for the 177
agency in accordance with this division.178

       (B) If the general assembly does not renew or transfer an 179
agency on or before its expiration date, it shall expire on that 180
date.181

       The director of budget and management shall not authorize the 182
expenditure of any moneys for any agency on or after the date of 183
its expiration.184

       (C) The general assembly may provide by law for the orderly, 185
efficient, and expeditious conclusion of an agency's business and 186
operation. The rules, orders, licenses, contracts, and other 187
actions made, taken, granted, or performed by the agency shall 188
continue in effect according to their terms notwithstanding the 189
agency's abolition, unless the general assembly provides otherwise 190
by law. The general assembly may provide by law for the temporary 191
or permanent transfer of some or all of a terminated or 192
transferred agency's functions and personnel to a successor agency 193
or officer.194

       The abolition, termination, or transfer of an agency shall 195
not cause the termination or dismissal of any claim pending 196
against the agency by any person, or any claim pending against any 197
person by the agency. Unless the general assembly provides 198
otherwise by law for the substitution of parties, the attorney 199
general shall succeed the agency with reference to any pending 200
claim.201

       (D) An agency may be renewed by passage of a bill that 202
continues the statutes creating and empowering the agency, that 203
amends or repeals those statutes, or that enacts new statutes, to 204
improve agency usefulness, performance, or effectiveness.205

       Sec. 101.84.  (A) There is hereby created the sunset review 206
committee, to be composed of nine members and function in calendar 207
years 20092015 and 20102016. The president of the senate shall 208
appoint three members of the senate to the committee, not more 209
than two of whom shall be members of the same political party. The 210
speaker of the house of representatives shall appoint three 211
members of the house of representatives to the committee, not more 212
than two of whom shall be members of the same political party. The 213
governor, with the advice and consent of the senate, shall appoint 214
three members to the committee, not more than two of whom shall be 215
members of the same political party. Members shall be appointed 216
within fifteen days after the commencement of the first regular 217
session of the 128th131st general assembly.218

       (B) Each member of the committee who is appointed by the 219
president of the senate or the speaker of the house of 220
representatives shall serve during that committee member's term of 221
office or until that committee member no longer is a member of the 222
senate or the house of representatives, whichever is applicable. 223
Each member of the committee who is appointed by the governor 224
shall serve a two-year term that ends on the thirty-first day of 225
December in 20102016. A vacancy on the committee shall be filled 226
in the same manner as the original appointment.227

       In the first regular session of the 128th131st general 228
assembly, the chairperson of the committee shall be a member of 229
the house of representatives, and the vice-chairperson of the 230
committee shall be a member of the senate. In the second regular 231
session of the 128th131st general assembly, the chairperson of 232
the committee shall be a member of the senate, and the 233
vice-chairperson of the committee shall be a member of the house 234
of representatives.235

       Members of the committee shall receive no compensation, but 236
shall be reimbursed for their necessary expenses incurred in the 237
performance of their official duties.238

       (C) The committee shall meet not later than thirty days after 239
the first day of the first regular session of the 128th131st240
general assembly to choose a chairperson and to commence 241
establishment of the schedule for agency review provided for in 242
section 101.85 of the Revised Code or perform other committee 243
duties under sections 101.82 to 101.87 of the Revised Code. Five 244
members of the committee shall constitute a quorum for the conduct 245
of committee business.246

       Sec. 101.85.  (A) The sunset review committee, not later than 247
sixty days after its first meeting in 20092015, shall schedule 248
for review each agency in existence on January 1, 20092015. The 249
committee, by a unanimous vote, also may schedule for review any 250
state board or commission described in division (A)(9) of section 251
101.82 of the Revised Code that is in existence on that date, and 252
any board or commission so scheduled shall be considered an agency 253
for purposes of sections 101.82 to 101.87 of the Revised Code.254

       (B) The chairperson of the committee shall send a copy of the 255
schedule for review of agencies for calendar year 20092015 and 256
calendar year 20102016 to each of the agencies scheduled for 257
review during that year and to the director of the legislative 258
service commission. The director shall publish a copy of the 259
schedule in the Ohio Administrative Code and in the register of 260
Ohio created under section 103.051 of the Revised Code. The 261
commission shall provide the committee with a list of agencies, 262
and state boards and commissions described in division (A)(9) of 263
section 101.82 of the Revised Code, in existence on January 1, 264
20092015, to assist the committee in identifying agencies and 265
exercising its duties under sections 101.82 to 101.87 of the 266
Revised Code with respect to those agencies.267

       Sec. 101.86.  (A) Not later than six months prior to the date 268
on which an agency in existence on January 1, 20092015, is 269
scheduled to expire under division (A) of section 101.83 of the 270
Revised Code, the sunset review committee shall hold hearings to 271
receive the testimony of the public and of the chief executive 272
officer of each agency scheduled for review and otherwise shall 273
consider and evaluate the usefulness, performance, and 274
effectiveness of the agency.275

       (B) Each agency that is scheduled for review shall submit to 276
the committee a report that contains all of the following 277
information:278

       (1) The agency's primary purpose and its various goals and 279
objectives;280

       (2) The agency's past and anticipated workload, the number of 281
staff required to complete that workload, and the agency's total 282
number of staff;283

       (3) The agency's past and anticipated budgets and its sources 284
of funding;285

       (4) The number of members of its governing board or other 286
governing entity and their compensation, if any.287

       (C) Each agency shall have the burden of demonstrating to the 288
committee a public need for its continued existence. In 289
determining whether an agency has demonstrated that need, the 290
committee shall consider all of the following:291

       (1) The extent to which the agency has permitted qualified 292
applicants to serve the public;293

       (2) The cost-effectiveness of the agency in terms of number 294
of employees, services rendered, and administrative costs 295
incurred, both past and present;296

       (3) The extent to which the agency has operated in the public 297
interest, and whether its operation has been impeded or enhanced 298
by existing statutes and procedures and by budgetary, resource, 299
and personnel practices;300

       (4) Whether the agency has recommended statutory changes to 301
the general assembly that would benefit the public as opposed to 302
the persons regulated by the agency, if any, and whether its 303
recommendations and other policies have been adopted and 304
implemented;305

       (5) Whether the agency has required any persons it regulates 306
to report to it the impact of agency rules and decisions on the 307
public as they affect service costs and service delivery;308

       (6) Whether persons regulated by the agency, if any, have 309
been required to assess problems in their business operations that 310
affect the public;311

       (7) Whether the agency has encouraged public participation in 312
its rule-making and decision-making;313

       (8) The efficiency with which formal public complaints filed 314
with the agency have been processed to completion;315

       (9) Whether the programs or services of the agency duplicate 316
or overlap those of other agencies;317

       (10) Whether the purpose for which the agency was created has 318
been fulfilled, has changed, or no longer exists;319

       (11) Whether federal law requires that the agency be renewed 320
in some form;321

       (12) Changes needed in the enabling laws of the agency in 322
order for it to comply with the criteria suggested by the 323
considerations listed in divisions (C)(1) to (11) of this section.324

       (D) In its initial review of each agency, the committee, 325
whenever possible, shall realign agency titles to conform to the 326
following descriptions:327

       (1) Commission: an administrative appeals or hearing agency;328

       (2) Authority: an agency empowered to issue bonds or notes;329

       (3) Board: an agency having a licensing function only;330

       (4) Council: an advisory body to a major agency or 331
department;332

       (5) Committee: an advisory body to a minor agency or 333
department.334

       Sec. 102.02.  (A) Except as otherwise provided in division 335
(H) of this section, all of the following shall file with the 336
appropriate ethics commission the disclosure statement described 337
in this division on a form prescribed by the appropriate 338
commission: every person who is elected to or is a candidate for a 339
state, county, or city office and every person who is appointed to 340
fill a vacancy for an unexpired term in such an elective office; 341
all members of the state board of education; the director, 342
assistant directors, deputy directors, division chiefs, or persons 343
of equivalent rank of any administrative department of the state; 344
the president or other chief administrative officer of every state 345
institution of higher education as defined in section 3345.011 of 346
the Revised Code; the executive director and the members of the 347
capitol square review and advisory board appointed or employed 348
pursuant to section 105.41 of the Revised Code; all members of the 349
Ohio casino control commission, the executive director of the 350
commission, all professional employees of the commission, and all 351
technical employees of the commission who perform an internal 352
audit function; the individuals set forth in division (B)(2) of 353
section 187.03 of the Revised Code; the chief executive officer 354
and the members of the board of each state retirement system; each 355
employee of a state retirement board who is a state retirement 356
system investment officer licensed pursuant to section 1707.163 of 357
the Revised Code; the members of the Ohio retirement study council 358
appointed pursuant to division (C) of section 171.01 of the 359
Revised Code; employees of the Ohio retirement study council, 360
other than employees who perform purely administrative or clerical 361
functions; the administrator of workers' compensation and each 362
member of the bureau of workers' compensation board of directors; 363
the bureau of workers' compensation director of investments; the 364
chief investment officer of the bureau of workers' compensation; 365
the director appointed by the workers' compensation council; all 366
members of the board of commissioners on grievances and discipline 367
of the supreme court and the ethics commission created under 368
section 102.05 of the Revised Code; every business manager, 369
treasurer, or superintendent of a city, local, exempted village, 370
joint vocational, or cooperative education school district or an 371
educational service center; every person who is elected to or is a 372
candidate for the office of member of a board of education of a 373
city, local, exempted village, joint vocational, or cooperative 374
education school district or of a governing board of an 375
educational service center that has a total student count of 376
twelve thousand or more as most recently determined by the 377
department of education pursuant to section 3317.03 of the Revised 378
Code; every person who is appointed to the board of education of a 379
municipal school district pursuant to division (B) or (F) of 380
section 3311.71 of the Revised Code; all members of the board of 381
directors of a sanitary district that is established under Chapter 382
6115. of the Revised Code and organized wholly for the purpose of 383
providing a water supply for domestic, municipal, and public use, 384
and that includes two municipal corporations in two counties; 385
every public official or employee who is paid a salary or wage in 386
accordance with schedule C of section 124.15 or schedule E-2 of 387
section 124.152 of the Revised Code; members of the board of 388
trustees and the executive director of the southern Ohio 389
agricultural and community development foundation; all members 390
appointed to the Ohio livestock care standards board under section 391
904.02 of the Revised Code; and every other public official or 392
employee who is designated by the appropriate ethics commission 393
pursuant to division (B) of this section.394

       The disclosure statement shall include all of the following:395

       (1) The name of the person filing the statement and each 396
member of the person's immediate family and all names under which 397
the person or members of the person's immediate family do 398
business;399

       (2)(a) Subject to divisions (A)(2)(b) and (c) of this section 400
and except as otherwise provided in section 102.022 of the Revised 401
Code, identification of every source of income, other than income 402
from a legislative agent identified in division (A)(2)(b) of this 403
section, received during the preceding calendar year, in the 404
person's own name or by any other person for the person's use or 405
benefit, by the person filing the statement, and a brief 406
description of the nature of the services for which the income was 407
received. If the person filing the statement is a member of the 408
general assembly, the statement shall identify the amount of every 409
source of income received in accordance with the following ranges 410
of amounts: zero or more, but less than one thousand dollars; one 411
thousand dollars or more, but less than ten thousand dollars; ten 412
thousand dollars or more, but less than twenty-five thousand 413
dollars; twenty-five thousand dollars or more, but less than fifty 414
thousand dollars; fifty thousand dollars or more, but less than 415
one hundred thousand dollars; and one hundred thousand dollars or 416
more. Division (A)(2)(a) of this section shall not be construed to 417
require a person filing the statement who derives income from a 418
business or profession to disclose the individual items of income 419
that constitute the gross income of that business or profession, 420
except for those individual items of income that are attributable 421
to the person's or, if the income is shared with the person, the 422
partner's, solicitation of services or goods or performance, 423
arrangement, or facilitation of services or provision of goods on 424
behalf of the business or profession of clients, including 425
corporate clients, who are legislative agents. A person who files 426
the statement under this section shall disclose the identity of 427
and the amount of income received from a person who the public 428
official or employee knows or has reason to know is doing or 429
seeking to do business of any kind with the public official's or 430
employee's agency.431

       (b) If the person filing the statement is a member of the 432
general assembly, the statement shall identify every source of 433
income and the amount of that income that was received from a 434
legislative agent during the preceding calendar year, in the 435
person's own name or by any other person for the person's use or 436
benefit, by the person filing the statement, and a brief 437
description of the nature of the services for which the income was 438
received. Division (A)(2)(b) of this section requires the 439
disclosure of clients of attorneys or persons licensed under 440
section 4732.12 of the Revised Code, or patients of persons 441
certified under section 4731.14 of the Revised Code, if those 442
clients or patients are legislative agents. Division (A)(2)(b) of 443
this section requires a person filing the statement who derives 444
income from a business or profession to disclose those individual 445
items of income that constitute the gross income of that business 446
or profession that are received from legislative agents.447

       (c) Except as otherwise provided in division (A)(2)(c) of 448
this section, division (A)(2)(a) of this section applies to 449
attorneys, physicians, and other persons who engage in the 450
practice of a profession and who, pursuant to a section of the 451
Revised Code, the common law of this state, a code of ethics 452
applicable to the profession, or otherwise, generally are required 453
not to reveal, disclose, or use confidences of clients, patients, 454
or other recipients of professional services except under 455
specified circumstances or generally are required to maintain 456
those types of confidences as privileged communications except 457
under specified circumstances. Division (A)(2)(a) of this section 458
does not require an attorney, physician, or other professional 459
subject to a confidentiality requirement as described in division 460
(A)(2)(c) of this section to disclose the name, other identity, or 461
address of a client, patient, or other recipient of professional 462
services if the disclosure would threaten the client, patient, or 463
other recipient of professional services, would reveal details of 464
the subject matter for which legal, medical, or professional 465
advice or other services were sought, or would reveal an otherwise 466
privileged communication involving the client, patient, or other 467
recipient of professional services. Division (A)(2)(a) of this 468
section does not require an attorney, physician, or other 469
professional subject to a confidentiality requirement as described 470
in division (A)(2)(c) of this section to disclose in the brief 471
description of the nature of services required by division 472
(A)(2)(a) of this section any information pertaining to specific 473
professional services rendered for a client, patient, or other 474
recipient of professional services that would reveal details of 475
the subject matter for which legal, medical, or professional 476
advice was sought or would reveal an otherwise privileged 477
communication involving the client, patient, or other recipient of 478
professional services.479

       (3) The name of every corporation on file with the secretary 480
of state that is incorporated in this state or holds a certificate 481
of compliance authorizing it to do business in this state, trust, 482
business trust, partnership, or association that transacts 483
business in this state in which the person filing the statement or 484
any other person for the person's use and benefit had during the 485
preceding calendar year an investment of over one thousand dollars 486
at fair market value as of the thirty-first day of December of the 487
preceding calendar year, or the date of disposition, whichever is 488
earlier, or in which the person holds any office or has a 489
fiduciary relationship, and a description of the nature of the 490
investment, office, or relationship. Division (A)(3) of this 491
section does not require disclosure of the name of any bank, 492
savings and loan association, credit union, or building and loan 493
association with which the person filing the statement has a 494
deposit or a withdrawable share account.495

       (4) All fee simple and leasehold interests to which the 496
person filing the statement holds legal title to or a beneficial 497
interest in real property located within the state, excluding the 498
person's residence and property used primarily for personal 499
recreation;500

       (5) The names of all persons residing or transacting business 501
in the state to whom the person filing the statement owes, in the 502
person's own name or in the name of any other person, more than 503
one thousand dollars. Division (A)(5) of this section shall not be 504
construed to require the disclosure of debts owed by the person 505
resulting from the ordinary conduct of a business or profession or 506
debts on the person's residence or real property used primarily 507
for personal recreation, except that the superintendent of 508
financial institutions shall disclose the names of all 509
state-chartered savings and loan associations and of all service 510
corporations subject to regulation under division (E)(2) of 511
section 1151.34 of the Revised Code to whom the superintendent in 512
the superintendent's own name or in the name of any other person 513
owes any money, and that the superintendent and any deputy 514
superintendent of banks shall disclose the names of all 515
state-chartered banks and all bank subsidiary corporations subject 516
to regulation under section 1109.44 of the Revised Code to whom 517
the superintendent or deputy superintendent owes any money.518

       (6) The names of all persons residing or transacting business 519
in the state, other than a depository excluded under division 520
(A)(3) of this section, who owe more than one thousand dollars to 521
the person filing the statement, either in the person's own name 522
or to any person for the person's use or benefit. Division (A)(6) 523
of this section shall not be construed to require the disclosure 524
of clients of attorneys or persons licensed under section 4732.12 525
or 4732.15 of the Revised Code, or patients of persons certified 526
under section 4731.14 of the Revised Code, nor the disclosure of 527
debts owed to the person resulting from the ordinary conduct of a 528
business or profession.529

       (7) Except as otherwise provided in section 102.022 of the 530
Revised Code, the source of each gift of over seventy-five 531
dollars, or of each gift of over twenty-five dollars received by a 532
member of the general assembly from a legislative agent, received 533
by the person in the person's own name or by any other person for 534
the person's use or benefit during the preceding calendar year, 535
except gifts received by will or by virtue of section 2105.06 of 536
the Revised Code, or received from spouses, parents, grandparents, 537
children, grandchildren, siblings, nephews, nieces, uncles, aunts, 538
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, 539
fathers-in-law, mothers-in-law, or any person to whom the person 540
filing the statement stands in loco parentis, or received by way 541
of distribution from any inter vivos or testamentary trust 542
established by a spouse or by an ancestor;543

       (8) Except as otherwise provided in section 102.022 of the 544
Revised Code, identification of the source and amount of every 545
payment of expenses incurred for travel to destinations inside or 546
outside this state that is received by the person in the person's 547
own name or by any other person for the person's use or benefit 548
and that is incurred in connection with the person's official 549
duties, except for expenses for travel to meetings or conventions 550
of a national or state organization to which any state agency, 551
including, but not limited to, any legislative agency or state 552
institution of higher education as defined in section 3345.011 of 553
the Revised Code, pays membership dues, or any political 554
subdivision or any office or agency of a political subdivision 555
pays membership dues;556

       (9) Except as otherwise provided in section 102.022 of the 557
Revised Code, identification of the source of payment of expenses 558
for meals and other food and beverages, other than for meals and 559
other food and beverages provided at a meeting at which the person 560
participated in a panel, seminar, or speaking engagement or at a 561
meeting or convention of a national or state organization to which 562
any state agency, including, but not limited to, any legislative 563
agency or state institution of higher education as defined in 564
section 3345.011 of the Revised Code, pays membership dues, or any 565
political subdivision or any office or agency of a political 566
subdivision pays membership dues, that are incurred in connection 567
with the person's official duties and that exceed one hundred 568
dollars aggregated per calendar year;569

       (10) If the disclosure statement is filed by a public 570
official or employee described in division (B)(2) of section 571
101.73 of the Revised Code or division (B)(2) of section 121.63 of 572
the Revised Code who receives a statement from a legislative 573
agent, executive agency lobbyist, or employer that contains the 574
information described in division (F)(2) of section 101.73 of the 575
Revised Code or division (G)(2) of section 121.63 of the Revised 576
Code, all of the nondisputed information contained in the 577
statement delivered to that public official or employee by the 578
legislative agent, executive agency lobbyist, or employer under 579
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of 580
the Revised Code.581

       A person may file a statement required by this section in 582
person or by mail. A person who is a candidate for elective office 583
shall file the statement no later than the thirtieth day before 584
the primary, special, or general election at which the candidacy 585
is to be voted on, whichever election occurs soonest, except that 586
a person who is a write-in candidate shall file the statement no 587
later than the twentieth day before the earliest election at which 588
the person's candidacy is to be voted on. A person who holds 589
elective office shall file the statement on or before the 590
fifteenth day of April of each year unless the person is a 591
candidate for office. A person who is appointed to fill a vacancy 592
for an unexpired term in an elective office shall file the 593
statement within fifteen days after the person qualifies for 594
office. Other persons shall file an annual statement on or before 595
the fifteenth day of April or, if appointed or employed after that 596
date, within ninety days after appointment or employment. No 597
person shall be required to file with the appropriate ethics 598
commission more than one statement or pay more than one filing fee 599
for any one calendar year.600

       The appropriate ethics commission, for good cause, may extend 601
for a reasonable time the deadline for filing a statement under 602
this section.603

       A statement filed under this section is subject to public 604
inspection at locations designated by the appropriate ethics 605
commission except as otherwise provided in this section.606

       (B) The Ohio ethics commission, the joint legislative ethics 607
committee, and the board of commissioners on grievances and 608
discipline of the supreme court, using the rule-making procedures 609
of Chapter 119. of the Revised Code, may require any class of 610
public officials or employees under its jurisdiction and not 611
specifically excluded by this section whose positions involve a 612
substantial and material exercise of administrative discretion in 613
the formulation of public policy, expenditure of public funds, 614
enforcement of laws and rules of the state or a county or city, or 615
the execution of other public trusts, to file an annual statement 616
on or before the fifteenth day of April under division (A) of this 617
section. The appropriate ethics commission shall send the public 618
officials or employees written notice of the requirement by the 619
fifteenth day of February of each year the filing is required 620
unless the public official or employee is appointed after that 621
date, in which case the notice shall be sent within thirty days 622
after appointment, and the filing shall be made not later than 623
ninety days after appointment.624

       Except for disclosure statements filed by members of the 625
board of trustees and the executive director of the southern Ohio 626
agricultural and community development foundation, disclosure 627
statements filed under this division with the Ohio ethics 628
commission by members of boards, commissions, or bureaus of the 629
state for which no compensation is received other than reasonable 630
and necessary expenses shall be kept confidential. Disclosure 631
statements filed with the Ohio ethics commission under division 632
(A) of this section by business managers, treasurers, and 633
superintendents of city, local, exempted village, joint 634
vocational, or cooperative education school districts or 635
educational service centers shall be kept confidential, except 636
that any person conducting an audit of any such school district or 637
educational service center pursuant to section 115.56 or Chapter 638
117. of the Revised Code may examine the disclosure statement of 639
any business manager, treasurer, or superintendent of that school 640
district or educational service center. Disclosure statements 641
filed with the Ohio ethics commission under division (A) of this 642
section by the individuals set forth in division (B)(2) of section 643
187.03 of the Revised Code shall be kept confidential. The Ohio 644
ethics commission shall examine each disclosure statement required 645
to be kept confidential to determine whether a potential conflict 646
of interest exists for the person who filed the disclosure 647
statement. A potential conflict of interest exists if the private 648
interests of the person, as indicated by the person's disclosure 649
statement, might interfere with the public interests the person is 650
required to serve in the exercise of the person's authority and 651
duties in the person's office or position of employment. If the 652
commission determines that a potential conflict of interest 653
exists, it shall notify the person who filed the disclosure 654
statement and shall make the portions of the disclosure statement 655
that indicate a potential conflict of interest subject to public 656
inspection in the same manner as is provided for other disclosure 657
statements. Any portion of the disclosure statement that the 658
commission determines does not indicate a potential conflict of 659
interest shall be kept confidential by the commission and shall 660
not be made subject to public inspection, except as is necessary 661
for the enforcement of Chapters 102. and 2921. of the Revised Code 662
and except as otherwise provided in this division.663

       (C) No person shall knowingly fail to file, on or before the 664
applicable filing deadline established under this section, a 665
statement that is required by this section.666

       (D) No person shall knowingly file a false statement that is 667
required to be filed under this section.668

       (E)(1) Except as provided in divisions (E)(2) and (3) of this 669
section, the statement required by division (A) or (B) of this 670
section shall be accompanied by a filing fee of forty dollars.671

       (2) The statement required by division (A) of this section 672
shall be accompanied by the following filing fee to be paid by the 673
person who is elected or appointed to, or is a candidate for, any 674
of the following offices:675

For state office, except member of the 676
state board of education $65 677
For office of member of general assembly $40 678
For county office $40 679
For city office $25 680
For office of member of the state board 681
of education $25 682
For office of member of the Ohio 683
livestock care standards board $25 684
For office of member of a city, local, 685
exempted village, or cooperative 686
education board of 687
education or educational service 688
center governing board $20 689
For position of business manager, 690
treasurer, or superintendent of a 691
city, local, exempted village, joint 692
vocational, or cooperative education 693
school district or 694
educational service center $20 695

       (3) No judge of a court of record or candidate for judge of a 696
court of record, and no referee or magistrate serving a court of 697
record, shall be required to pay the fee required under division 698
(E)(1) or (2) or (F) of this section.699

       (4) For any public official who is appointed to a nonelective 700
office of the state and for any employee who holds a nonelective 701
position in a public agency of the state, the state agency that is 702
the primary employer of the state official or employee shall pay 703
the fee required under division (E)(1) or (F) of this section.704

       (F) If a statement required to be filed under this section is 705
not filed by the date on which it is required to be filed, the 706
appropriate ethics commission shall assess the person required to 707
file the statement a late filing fee of ten dollars for each day 708
the statement is not filed, except that the total amount of the 709
late filing fee shall not exceed two hundred fifty dollars.710

       (G)(1) The appropriate ethics commission other than the Ohio 711
ethics commission and the joint legislative ethics committee shall 712
deposit all fees it receives under divisions (E) and (F) of this 713
section into the general revenue fund of the state.714

       (2) The Ohio ethics commission shall deposit all receipts, 715
including, but not limited to, fees it receives under divisions 716
(E) and (F) of this section and all moneys it receives from 717
settlements under division (G) of section 102.06 of the Revised 718
Code, into the Ohio ethics commission fund, which is hereby 719
created in the state treasury. All moneys credited to the fund 720
shall be used solely for expenses related to the operation and 721
statutory functions of the commission.722

       (3) The joint legislative ethics committee shall deposit all 723
receipts it receives from the payment of financial disclosure 724
statement filing fees under divisions (E) and (F) of this section 725
into the joint legislative ethics committee investigative fund.726

       (H) Division (A) of this section does not apply to a person 727
elected or appointed to the office of precinct, ward, or district 728
committee member under Chapter 3517. of the Revised Code; a 729
presidential elector; a delegate to a national convention; village 730
or township officials and employees; any physician or psychiatrist 731
who is paid a salary or wage in accordance with schedule C of 732
section 124.15 or schedule E-2 of section 124.152 of the Revised 733
Code and whose primary duties do not require the exercise of 734
administrative discretion; or any member of a board, commission, 735
or bureau of any county or city who receives less than one 736
thousand dollars per year for serving in that position.737

       Sec. 109.91.  (A) There is hereby established within the 738
office of the attorney general the crime victims assistance 739
office.740

       (B) There is hereby established the state victims assistance 741
advisory committeecouncil. The committeecouncil shall consist of 742
a chairperson, to be appointed by the attorney general, three ex 743
officio members, and fifteen members to be appointed by the 744
attorney general as follows: one member who represents the Ohio 745
victim-witness association; three members who represent local 746
victim assistance programs, including one from a municipally 747
operated program and one from a county-operated program; one 748
member who represents the interests of elderly victims; one member 749
who is a board member of any statewide or local organization that 750
exists primarily to aid victims of domestic violence, or who is an 751
employee of, or counselor for, such an organization; one member 752
who is an employee or officer of a county probation department or 753
a probation department operated by the department of 754
rehabilitation and correction; one member who is a county 755
prosecuting attorney; one member who is a city law director; one 756
member who is a county sheriff; one member who is a member or 757
officer of a township or municipal police department; one member 758
who is a court of common pleas judge; one member who is a 759
municipal court judge or county court judge; and two members who 760
are private citizens and are not government employees.761

       The committeecouncil shall include the following ex officio, 762
nonvoting members: the attorney general, one member of the senate 763
to be designated by the president of the senate, and one member of 764
the house of representatives to be designated by the speaker of 765
the house.766

       Members of the committeecouncil shall serve without 767
compensation, but shall be reimbursed for travel and other 768
necessary expenses that are incurred in the conduct of their 769
official duties as members of the committeecouncil. The 770
chairperson and members of the committeecouncil appointed by the 771
attorney general shall serve at the pleasure of the attorney 772
general. The attorney general shall serve on the committeecouncil773
until the end of the term of office that qualified the attorney 774
general for membership on the committeecouncil. The member of the 775
senate and the member of the house of representatives shall serve 776
at the pleasure of the president of the senate and the speaker of 777
the house of representatives, respectively.778

       (C) The victims assistance advisory committeecouncil shall 779
perform both of the following duties:780

       (1) Advise the crime victims assistance office in determining 781
crime and delinquency victim service needs, determining crime and 782
delinquency victim policies for the state, and improving and 783
exercising leadership in the quality of crime and delinquency 784
victim programs in the state;785

       (2) Review and recommend to the crime victims assistance 786
office the victim assistance programs that should be considered 787
for the receipt of state financial assistance pursuant to section 788
109.92 of the Revised Code. The financial assistance allocation 789
recommendations of the committeecouncil shall be based on the 790
following priorities:791

       (a) Programs in existence on July 1, 1985, shall be given 792
first priority;793

       (b) Programs offering or proposing to offer the broadest 794
range of services and referrals to the community served, including 795
medical, psychological, financial, educational, vocational, and 796
legal services that were not in existence on July 1, 1985, shall 797
be given second priority;798

       (c) Other qualified programs shall be given last priority.799

       (D) As used in this section and section 109.92 of the Revised 800
Code, "victim assistance program" includes, but is not limited to 801
a program that provides at least one of the following:802

       (1) Services to victims of any offense of violence or 803
delinquent act that would be an offense of violence if committed 804
by an adult;805

       (2) Financial assistance or property repair services to 806
victims of crime or delinquent acts;807

       (3) Assistance to victims of crime or delinquent acts in 808
judicial proceedings;809

       (4) Assistance to victims of crime or delinquent acts under 810
the operation of any political subdivision of the state or a 811
branch of the criminal justice system set forth in division 812
(B)(1)(a), (b), or (c) of section 5502.61 of the Revised Code;813

       (5) Technical assistance to persons or organizations that 814
provide services to victims of crime or delinquent acts under the 815
operation of a branch of the criminal justice system set forth in 816
division (B)(1)(a), (b), or (c) of section 5502.61 of the Revised 817
Code.818

       A victim assistance program does not include the program for 819
the reparation of crime victims established pursuant to Chapter 820
2743. of the Revised Code.821

       Sec. 121.32.  The commission on Hispanic-Latino affairs 822
shall:823

       (A) Gather and disseminate information and conduct hearings, 824
conferences, investigations, and special studies on problems and 825
programs concerning Spanish-speaking people;826

       (B) Secure appropriate recognition of the accomplishments and 827
contributions of Spanish-speaking people to this state;828

       (C) Stimulate public awareness of the problems of 829
Spanish-speaking people by conducting a program of public 830
education;831

       (D) Develop, coordinate, and assist other public and private 832
organizations that serve Spanish-speaking people, including the 833
conducting of training programs for community leadership and 834
service project staff;835

       (E) Advise the governor, general assembly, and state 836
departments and agencies of the nature, magnitude, and priorities 837
of the problems of Spanish-speaking people;838

       (F) Advise the governor, general assembly, and state 839
departments and agencies on, and assist in the development and 840
implementation of, comprehensive and coordinated policies, 841
programs, and procedures focusing on the special problems and 842
needs of Spanish-speaking people, especially in the fields of 843
education, employment, energy, health, housing, welfare, and 844
recreation;845

       (G) Propose new programs concerning Spanish-speaking people 846
to public and private agencies and evaluate for such agencies 847
existing programs or prospective legislation concerning 848
Spanish-speaking people;849

       (H) Review and approve grants to be made from federal, state, 850
or private funds which are administered or subcontracted by the 851
office of Spanish-speaking affairs;852

       (I) Review and approve the annual report prepared by the 853
office of Spanish-speaking affairs;854

       (J) Create an interagency council consisting of the following 855
persons or their authorized representatives: one member of the 856
senate appointed by the president of the senate; one member of the 857
house of representatives appointed by the speaker of the house of 858
representatives; the directors of administrative services, 859
agriculture, education, development, health, highway safety, job 860
and family services, liquor control, mental health, developmental 861
disabilities, natural resources, rehabilitation and correction, 862
youth services, transportation, environmental protection, and 863
budget and management; the chairperson of the Ohio civil rights 864
commission, the administrators of the bureau of workers' 865
compensation and the rehabilitation services commission, and an 866
additional member of the governor's cabinet appointed by the 867
governor. The commission on Hispanic-Latino affairs, by rule, may 868
designate other state officers or their representatives to be 869
members of the council. The director of the commission shall be 870
the chairperson of the council.871

       The interagency council shall provideProvide and coordinate 872
the exchange of information relative to the needs of 873
Spanish-speaking people and promote the delivery of state services 874
to such people. The council shall meet at the call of the 875
chairperson.876

       Sec. 127.14.  The controlling board may, at the request of 877
any state agency or the director of budget and management, 878
authorize, with respect to the provisions of any appropriation 879
act:880

       (A) Transfers of all or part of an appropriation within but 881
not between state agencies, except such transfers as the director 882
of budget and management is authorized by law to make, provided 883
that no transfer shall be made by the director for the purpose of 884
effecting new or changed levels of program service not authorized 885
by the general assembly;886

       (B) Transfers of all or part of an appropriation from one 887
fiscal year to another;888

       (C) Transfers of all or part of an appropriation within or 889
between state agencies made necessary by administrative 890
reorganization or by the abolition of an agency or part of an 891
agency;892

       (D) Transfers of all or part of cash balances in excess of 893
needs from any fund of the state to the general revenue fund or to 894
such other fund of the state to which the money would have been 895
credited in the absence of the fund from which the transfers are 896
authorized to be made, except that the controlling board may not 897
authorize such transfers from the accrued leave liability fund, 898
auto registration distribution fund, budget stabilization fund, 899
development bond retirement fund, facilities establishment fund, 900
gasoline excise tax fund, general revenue fund, higher education 901
improvement fund, highway improvement bond retirement fund, 902
highway obligations bond retirement fund, highway capital 903
improvement fund, highway operating fund, horse racing tax fund, 904
improvements bond retirement fund, public library fund, liquor 905
control fund, local government fund, local transportation 906
improvement program fund, mental health facilities improvement 907
fund, Ohio fairs fund, parks and recreation improvement fund, 908
public improvements bond retirement fund, school district income 909
tax fund, state agency facilities improvement fund, state and 910
local government highway distribution fund, state highway safety 911
fund, state lottery fund, undivided liquor permit fund, Vietnam 912
conflict compensation bond retirement fund, volunteer fire 913
fighters' dependents fund, waterways safety fund, wildlife fund, 914
workers' compensation fund, workers' compensation council 915
remuneration fund, or any fund not specified in this division that 916
the director of budget and management determines to be a bond fund 917
or bond retirement fund;918

       (E) Transfers of all or part of those appropriations included 919
in the emergency purposes account of the controlling board;920

       (F) Temporary transfers of all or part of an appropriation or 921
other moneys into and between existing funds, or new funds, as may 922
be established by law when needed for capital outlays for which 923
notes or bonds will be issued;924

       (G) Transfer or release of all or part of an appropriation to 925
a state agency requiring controlling board approval of such 926
transfer or release as provided by law;927

       (H) Temporary transfer of funds included in the emergency 928
purposes appropriation of the controlling board. Such temporary 929
transfers may be made subject to conditions specified by the 930
controlling board at the time temporary transfers are authorized. 931
No transfers shall be made under this division for the purpose of 932
effecting new or changed levels of program service not authorized 933
by the general assembly.934

       As used in this section, "request" means an application by a 935
state agency or the director of budget and management seeking some 936
action by the controlling board.937

       When authorizing the transfer of all or part of an 938
appropriation under this section, the controlling board may 939
authorize the transfer to an existing appropriation item and the 940
creation of and transfer to a new appropriation item.941

       Whenever there is a transfer of all or part of funds included 942
in the emergency purposes appropriation by the controlling board, 943
pursuant to division (E) of this section, the state agency or the 944
director of budget and management receiving such transfer shall 945
keep a detailed record of the use of the transferred funds. At the 946
earliest scheduled meeting of the controlling board following the 947
accomplishment of the purposes specified in the request originally 948
seeking the transfer, or following the total expenditure of the 949
transferred funds for the specified purposes, the state agency or 950
the director of budget and management shall submit a report on the 951
expenditure of such funds to the board. The portion of any 952
appropriation so transferred which is not required to accomplish 953
the purposes designated in the original request to the controlling 954
board shall be returned to the proper appropriation of the 955
controlling board at this time.956

       Notwithstanding any provisions of law providing for the 957
deposit of revenues received by a state agency to the credit of a 958
particular fund in the state treasury, whenever there is a 959
temporary transfer of funds included in the emergency purposes 960
appropriation of the controlling board pursuant to division (H) of 961
this section, revenues received by any state agency receiving such 962
a temporary transfer of funds shall, as directed by the 963
controlling board, be transferred back to the emergency purposes 964
appropriation.965

       The board may delegate to the director of budget and 966
management authority to approve transfers among items of 967
appropriation under division (A) of this section.968

       Sec. 173.03.  (A) There is hereby created the Ohio advisory 969
council for the aging, which shall consist of twelve members to be 970
appointed by the governor with the advice and consent of the 971
senate. Two ex officio members of the council shall be members of 972
the house of representatives appointed by the speaker of the house 973
of representatives and shall be members of two different political 974
parties. Two ex officio members of the council shall be members of 975
the senate appointed by the president of the senate and shall be 976
members of two different political parties. The directors of 977
mental health, developmental disabilities, health, and job and 978
family services, or their designees, shall serve as ex officio 979
members of the council. The council shall carry out its role as 980
defined under the "Older Americans Act of 1965," 79 Stat. 219, 42 981
U.S.C. 3001, as amended.982

       At the first meeting of the council, and annually thereafter, 983
the members shall select one of their members to serve as 984
chairperson and one of their members to serve as vice-chairperson.985

       (B) Members of the council shall be appointed for a term of 986
three years, except that for the first appointment members of the 987
Ohio commission on aging who were serving on the commission 988
immediately prior to July 26, 1984, shall become members of the 989
council for the remainder of their unexpired terms. Thereafter, 990
appointment to the council shall be for a three-year term by the 991
governor. Each member shall hold office from the date of 992
appointment until the end of the term for which the member was 993
appointed. Any member appointed to fill a vacancy occurring prior 994
to the expiration of the term for which the member's predecessor 995
was appointed shall hold office for the remainder of the term. Any996
No member mayshall continue in office subsequent to the 997
expiration date of the member's term until a successor takes 998
office and shall be compensated for the period served between the 999
expiration of the member's term and the beginning of the 1000
successor's termunless reappointed under the provisions of this 1001
section, and no member shall serve more than three consecutive 1002
terms on the council.1003

       (C) Membership of the council shall represent all areas of 1004
Ohio and shall be as follows:1005

       (1) A majority of members of the council shall have attained 1006
the age of sixty and have a knowledge of and continuing interest 1007
in the affairs and welfare of the older citizens of Ohio. The 1008
fields of business, labor, health, law, and human services shall 1009
be represented in the membership.1010

       (2) No more than seven members shall be of the same political 1011
party.1012

       (D) Any member of the council may be removed from office by 1013
the governor for neglect of duty, misconduct, or malfeasance in 1014
office after being informed in writing of the charges and afforded 1015
an opportunity for a hearing. Two consecutive unexcused absences 1016
from regularly scheduled meetings constitute neglect of duty.1017

       (E) Members of the council shall be compensated at the rate 1018
of fifty dollars for each day actually employed in the discharge 1019
of official duties but not to exceed two thousand dollars per year 1020
and in addition shall be allowed actual and necessary expensesThe 1021
director of aging may reimburse a member for actual and necessary 1022
traveling and other expenses incurred in the discharge of official 1023
duties. But reimbursement shall be made in the manner and at rates 1024
that do not exceed those prescribed by the director of budget and 1025
management for any officer, member, or employee of, or consultant 1026
to, any state agency.1027

       (F) Council members are not limited as to the number of terms 1028
they may serve.1029

       (G) Council members shall not be interested directly or 1030
indirectly in any contract awarded by the department of aging(1) 1031
The department of aging may award grants to or enter into 1032
contracts with a member of the advisory council or an entity that 1033
the member represents if any of the following apply:1034

       (a) The department determines that the member or the entity 1035
the member represents is capable of providing the goods or 1036
services specified under the terms of the grant or contract.1037

       (b) The member has not taken part in any discussion or vote 1038
of the council related to whether the council should recommend 1039
that the department of aging award the grant to or enter into the 1040
contract with the member of the advisory council or the entity 1041
that the member represents.1042

       (2) A member of the advisory council is not in violation of 1043
Chapter 102. or section 2921.42 of the Revised Code with regard to 1044
receiving a grant or entering into a contract under this section 1045
if the conditions of division (G)(1)(a) and (b) of this section 1046
have been met.1047

       Sec. 173.04.  (A) As used in this section, "respite care" 1048
means short-term, temporary care or supervision provided to a 1049
person who has Alzheimer's disease in the absence of the person 1050
who normally provides that care or supervision.1051

       (B) Through the internet web site maintained by the 1052
department of aging, the director of aging shall disseminate 1053
Alzheimer's disease training materials for licensed physicians, 1054
registered nurses, licensed practical nurses, administrators of 1055
health care programs, social workers, and other health care and 1056
social service personnel who participate or assist in the care or 1057
treatment of persons who have Alzheimer's disease. The training 1058
materials disseminated through the web site may be developed by 1059
the director or obtained from other sources.1060

       (C) To the extent funds are available, the director shall 1061
administer respite care programs and other supportive services for 1062
persons who have Alzheimer's disease and their families or care 1063
givers. Respite care programs shall be approved by the director 1064
and shall be provided for the following purposes:1065

       (1) Giving persons who normally provide care or supervision 1066
for a person who has Alzheimer's disease relief from the stresses 1067
and responsibilities that result from providing such care;1068

       (2) Preventing or reducing inappropriate institutional care 1069
and enabling persons who have Alzheimer's disease to remain at 1070
home as long as possible.1071

       (D) The director may provide services under this section to 1072
persons with Alzheimer's disease and their families regardless of 1073
the age of the persons with Alzheimer's disease.1074

       (E) The director shallmay adopt rules in accordance with 1075
Chapter 119. of the Revised Code governing respite care programs 1076
and other supportive services, the distribution of funds, and the 1077
purpose for which funds may be utilized under this section.1078

       (F) The director may create an Alzheimer's disease and 1079
related disorders task force to advise the director on the 1080
following:1081

       (1) The rights of persons with Alzheimer's disease and 1082
related disorders;1083

       (2) The development and evaluation of education and training 1084
programs, home care programs, and respite care programs that serve 1085
persons with Alzheimer's disease and related disorders;1086

       (3) How to serve persons with Alzheimer's disease and related 1087
disorders in Ohio's unified long-term care budget system.1088

       If a task force is created, the members shall include 1089
representatives of the Alzheimer's disease association and other 1090
organizations the director considers appropriate.1091

       Sec. 3302.021. (A) Not earlier than July 1, 2005, and not 1092
later than July 1, 2007, the department of education shall 1093
implement a value-added progress dimension for school districts 1094
and buildings and shall incorporate the value-added progress 1095
dimension into the report cards and performance ratings issued for 1096
districts and buildings under section 3302.03 of the Revised Code.1097

       The state board of education shall adopt rules, pursuant to 1098
Chapter 119. of the Revised Code, for the implementation of the 1099
value-added progress dimension. In adopting rules, the state board 1100
shall consult with the Ohio accountability task force established 1101
under division (E) of this section. The rules adopted under this 1102
division shall specify both of the following:1103

        (1) A scale for describing the levels of academic progress in 1104
reading and mathematics relative to a standard year of academic 1105
growth in those subjects for each of grades three through eight;1106

        (2) That the department shall maintain the confidentiality of 1107
individual student test scores and individual student reports in 1108
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the 1109
Revised Code and federal law. The department may require school 1110
districts to use a unique identifier for each student for this 1111
purpose. Individual student test scores and individual student 1112
reports shall be made available only to a student's classroom 1113
teacher and other appropriate educational personnel and to the 1114
student's parent or guardian.1115

        (B) The department shall use a system designed for collecting 1116
necessary data, calculating the value-added progress dimension, 1117
analyzing data, and generating reports, which system has been used 1118
previously by a non-profitnonprofit organization led by the Ohio 1119
business community for at least one year in the operation of a 1120
pilot program in cooperation with school districts to collect and 1121
report student achievement data via electronic means and to 1122
provide information to the districts regarding the academic 1123
performance of individual students, grade levels, school 1124
buildings, and the districts as a whole.1125

        (C) The department shall not pay more than two dollars per 1126
student for data analysis and reporting to implement the 1127
value-added progress dimension in the same manner and with the 1128
same services as under the pilot program described by division (B) 1129
of this section. However, nothing in this section shall preclude 1130
the department or any school district from entering into a 1131
contract for the provision of more services at a higher fee per 1132
student. Any data analysis conducted under this section by an 1133
entity under contract with the department shall be completed in 1134
accordance with timelines established by the superintendent of 1135
public instruction.1136

       (D) The department shall share any aggregate student data and 1137
any calculation, analysis, or report utilizing aggregate student 1138
data that is generated under this section with the chancellor of 1139
the Ohio board of regents. The department shall not share 1140
individual student test scores and individual student reports with 1141
the chancellor.1142

       (E)(1) There is hereby established the Ohio accountability 1143
task force. The task force shall consist of the following thirteen 1144
members:1145

        (a) The chairpersons and ranking minority members of the 1146
house of representatives and senate standing committees primarily 1147
responsible for education legislation, who shall be nonvoting 1148
members;1149

        (b) One representative of the governor's office, appointed by 1150
the governor;1151

        (c) The superintendent of public instruction, or the 1152
superintendent's designee;1153

        (d) One representative of teacher employee organizations 1154
formed pursuant to Chapter 4117. of the Revised Code, appointed by 1155
the speaker of the house of representatives;1156

        (e) One representative of school district boards of 1157
education, appointed by the president of the senate;1158

        (f) One school district superintendent, appointed by the 1159
speaker of the house of representatives;1160

        (g) One representative of business, appointed by the 1161
president of the senate;1162

       (h) One representative of a non-profitnonprofit organization 1163
led by the Ohio business community, appointed by the governor;1164

       (i) One school building principal, appointed by the president 1165
of the senate;1166

       (j) A member of the state board of education, appointed by 1167
the speaker of the house of representatives.1168

        Initial appointed members of the task force shall serve until 1169
January 1, 2005. Thereafter, terms of office for appointed members 1170
shall be for two years, each term ending on the same day of the 1171
same month as did the term that it succeeds. Each appointed member 1172
shall hold office from the date of appointment until the end of 1173
the term for which the member was appointed. Members may be 1174
reappointed. Vacancies shall be filled in the same manner as the 1175
original appointment. Any member appointed to fill a vacancy 1176
occurring prior to the expiration of the term for which the 1177
member's predecessor was appointed shall hold office for the 1178
remainder of that term.1179

        The task force shall select from among its members a 1180
chairperson. The task force shall meet at least six timesonce1181
each calendar year and at other times upon the call of the 1182
chairperson to conduct its business. Members of the task force 1183
shall serve without compensation.1184

        (2) The task force shall do all of the following:1185

        (a) Examine the implementation of the value-added progress 1186
dimension by the department, including the system described in 1187
division (B) of this section, the reporting of performance data to 1188
school districts and buildings, and the provision of professional 1189
development on the interpretation of the data to classroom 1190
teachers and administrators;1191

        (b) Periodically review any fees for data analysis and 1192
reporting paid by the department pursuant to division (C) of this 1193
section and determine if the fees are appropriate based upon the 1194
level of services provided;1195

       (c) Periodically report to the department and the state board 1196
on all issues related to the school district and building 1197
accountability system established under this chapter;1198

        (d) Not later than seven years after its initial meeting, 1199
make recommendations to improve the school district and building 1200
accountability system established under this chapter. The task 1201
force shall adopt recommendations by a majority vote of its 1202
members. Copies of the recommendations shall be provided to the 1203
state board, the governor, the speaker of the house of 1204
representatives, and the president of the senate.1205

       (e) Determine starting dates for the implementation of the 1206
value-added progress dimension and its incorporation into school 1207
district and building report cards and performance ratings.1208

       Sec. 3311.71.  (A) As used in this section and in sections 1209
3311.72 to 3311.773311.76 of the Revised Code:1210

       (1) "Municipal school district" means a school district that 1211
is or has ever been under a federal court order requiring 1212
supervision and operational, fiscal, and personnel management of 1213
the district by the state superintendent of public instruction.1214

       (2) "Mayor" means the mayor of the municipal corporation 1215
containing the greatest portion of a municipal school district's 1216
territory.1217

       (B) Whenever any municipal school district is released by a 1218
federal court from an order requiring supervision and operational, 1219
fiscal, and personnel management of the district by the state 1220
superintendent, the management and control of that district shall 1221
be assumed, effective immediately, by a new nine-member board of 1222
education. Members of the new board shall be appointed by the 1223
mayor, who shall also designate one member as the chairperson of 1224
the board. In addition to the rights, authority, and duties 1225
conferred upon the chairperson by sections 3311.71 to 3311.76 of 1226
the Revised Code, the chairperson shall have all the rights, 1227
authority, and duties conferred upon the president of a board of 1228
education by the Revised Code that are not inconsistent with 1229
sections 3311.71 to 3311.76 of the Revised Code.1230

       (C) No school board member shall be appointed by the mayor 1231
pursuant to division (B) of this section until the mayor has 1232
received a slate of at least eighteen candidates nominated by a 1233
municipal school district nominating panel, at least three of whom 1234
reside in the municipal school district but not in the municipal 1235
corporation containing the greatest portion of the district's 1236
territory. The municipal school district nominating panel shall be 1237
initially convened and chaired by the state superintendent of 1238
public instruction, who shall serve as a nonvoting member for the 1239
first two years of the panel's existence, and shall consist of 1240
eleven persons selected as follows:1241

       (1) Three parents or guardians of children attending the 1242
schools of the municipal school district appointed by the district 1243
parent-teacher association, or similar organization selected by 1244
the state superintendent;1245

       (2) Three persons appointed by the mayor;1246

       (3) One person appointed by the president of the legislative 1247
body of the municipal corporation containing the greatest portion 1248
of the municipal school district's territory;1249

       (4) One teacher appointed by the collective bargaining 1250
representative of the school district's teachers;1251

       (5) One principal appointed through a vote of the school 1252
district's principals, which vote shall be conducted by the state 1253
superintendent;1254

       (6) One representative of the business community appointed by 1255
an organized collective business entity selected by the mayor;1256

       (7) One president of a public or private institution of 1257
higher education located within the municipal school district 1258
appointed by the state superintendent of public instruction.1259

       The municipal school district nominating panel shall select 1260
one of its members as its chairperson commencing two years after 1261
the date of the first meeting of the panel, at which time the 1262
state superintendent of public instruction shall no longer convene 1263
or chair the panel. Thereafter, the panel shall meet as necessary 1264
to make nominations at the call of the chairperson. All members of 1265
the panel shall serve at the pleasure of the appointing authority. 1266
Vacancies on the panel shall be filled in the same manner as the 1267
initial appointments.1268

       (D) No individual shall be appointed by the mayor pursuant to 1269
division (B) or (F) of this section unless the individual has been 1270
nominated by the nominating panel, resides in the school district, 1271
and holds no elected public office. At any given time, four of the 1272
nine members appointed by the mayor to serve on the board pursuant 1273
to either division (B) or (F) of this section shall have 1274
displayed, prior to appointment, significant expertise in either 1275
the education field, finance, or business management. At all times 1276
at least one member of the board shall be an individual who 1277
resides in the municipal school district but not in the municipal 1278
corporation containing the greatest portion of the district's 1279
territory.1280

       (E) The terms of office of all members appointed by the mayor 1281
pursuant to division (B) of this section shall expire on the next 1282
thirtieth day of June following the referendum election required 1283
by section 3311.73 of the Revised Code. The mayor may, with the 1284
advice and consent of the nominating panel, remove any member 1285
appointed pursuant to that division or division (F) of this 1286
section for cause.1287

       (F) If the voters of the district approve the continuation of 1288
an appointed board at the referendum election required by section 1289
3311.73 of the Revised Code, the mayor shall appoint the members 1290
of a new board from a slate prepared by the nominating panel in 1291
the same manner as the initial board was appointed pursuant to 1292
divisions (B), (C), and (D) of this section. Five of the members 1293
of the new board shall be appointed to four-year terms and the 1294
other four shall be appointed to two-year terms, each term 1295
beginning on the first day of July. Thereafter, the mayor shall 1296
appoint members to four-year terms in the same manner as described 1297
in divisions (B), (C), and (D) of this section. The minimum number 1298
of individuals who shall be on the slate prepared by the 1299
nominating panel for this purpose shall be at least twice the 1300
number of members to be appointed, including at least two who 1301
reside in the municipal school district but not in the municipal 1302
corporation containing the greatest portion of the district's 1303
territory.1304

       (G) In addition to the nine members appointed by the mayor, 1305
the boards appointed pursuant to divisions (B) and (F) of this 1306
section shall include the following nonvoting ex officio members:1307

       (1) If the main campus of a state university specified in 1308
section 3345.011 of the Revised Code is located within the 1309
municipal school district, the president of the university or the 1310
president's designee;1311

       (2) If any community college has its main branch located 1312
within the district, the president of the community college that 1313
has the largest main branch within the district, or the 1314
president's designee.1315

       Sec. 3312.01. (A) The educational regional service system is 1316
hereby established. The system shall support state and regional 1317
education initiatives and efforts to improve school effectiveness 1318
and student achievement. Services, including special education and 1319
related services, shall be provided under the system to school 1320
districts, community schools established under Chapter 3314. of 1321
the Revised Code, and chartered nonpublic schools.1322

       It is the intent of the general assembly that the educational 1323
regional service system reduce the unnecessary duplication of 1324
programs and services and provide for a more streamlined and 1325
efficient delivery of educational services without reducing the 1326
availability of the services needed by school districts and 1327
schools.1328

       (B) The educational regional service system shall consist of 1329
the following:1330

       (1) The state regional alliance advisory board established 1331
under section 3312.11 of the Revised Code;1332

       (2) The advisory councils and subcommittees established under 1333
sections 3312.03 and 3312.05 of the Revised Code;1334

       (3)(2) A fiscal agent for each of the regions as configured 1335
under section 3312.02 of the Revised Code;1336

       (4)(3) Educational service centers, information technology 1337
centers established under section 3301.075 of the Revised Code, 1338
and other regional education service providers.1339

       (C) Educational service centers shall provide the services 1340
that they are specifically required to provide by the Revised Code 1341
and may enter into agreements pursuant to section 3313.843, 1342
3313.844, or 3313.845 of the Revised Code for the provision of 1343
other services, which may include any of the following:1344

        (1) Assistance in improving student performance;1345

        (2) Services to enable a school district or school to operate 1346
more efficiently or economically;1347

        (3) Professional development for teachers or administrators;1348

        (4) Assistance in the recruitment and retention of teachers 1349
and administrators;1350

        (5) Any other educational, administrative, or operational 1351
services.1352

        In addition to implementing state and regional education 1353
initiatives and school improvement efforts under the educational 1354
regional service system, educational service centers shall 1355
implement state or federally funded initiatives assigned to the 1356
service centers by the general assembly or the department of 1357
education.1358

        Any educational service center selected to be a fiscal agent 1359
for its region pursuant to section 3312.07 of the Revised Code 1360
shall continue to operate as an educational service center for the 1361
part of the region that comprises its territory.1362

       (D) Information technology centers may enter into agreements 1363
for the provision of services pursuant to section 3312.10 of the 1364
Revised Code.1365

       (E) No school district, community school, or chartered 1366
nonpublic school shall be required to purchase services from an 1367
educational service center or information technology center in the 1368
region in which the district or school is located, except that a 1369
local school district shall receive any services required by the 1370
Revised Code to be provided by an educational service center to 1371
the local school districts in its territory from the educational 1372
service center in whose territory the district is located.1373

       Sec. 3312.09. (A) Each performance contract entered into by 1374
the department of education and the fiscal agent of a region for 1375
implementation of a state or regional education initiative or 1376
school improvement effort shall include the following:1377

       (1) An explanation of how the regional needs and priorities 1378
for educational services have been identified by the advisory 1379
council of the region, the advisory council's subcommittees, and 1380
the department;1381

       (2) A definition of the services to be provided to school 1382
districts, community schools, and chartered nonpublic schools in 1383
the region, including any services provided pursuant to division 1384
(A) of section 3302.04 of the Revised Code;1385

       (3) Expected outcomes from the provision of the services 1386
defined in the contract;1387

       (4) The method the department will use to evaluate whether 1388
the expected outcomes have been achieved;1389

       (5) A requirement that the fiscal agent develop and implement 1390
a corrective action plan if the results of the evaluation are 1391
unsatisfactory;1392

       (6) Data reporting requirements;1393

       (7) The aggregate fees to be charged by the fiscal agent and 1394
any entity with which it subcontracts to cover personnel and 1395
program costs associated with administering the contract, which 1396
fees shall be subject to controlling board approval if in excess 1397
of four per cent of the value of the contract;1398

       (8) A requirement that a member of the advisory council in 1399
the region be a member of the state regional alliance advisory 1400
board established under section 3312.11 of the Revised Code.1401

       (B) Upon completion of each evaluation described in a 1402
performance contract, the department shall post the results of 1403
that evaluation on its web site.1404

       Sec. 3313.202.  Any elected or appointed member of the board 1405
of education of a school district and the dependent children and 1406
spouse of the member may be covered, at the option of the member, 1407
under any health care plan containing best practices prescribed by 1408
the school employees health care boardauthorized under section 1409
9.9019.90 of the Revised Code. The member shall pay all premiums 1410
for that coverage. Payments for such coverage shall be made, in 1411
advance, in a manner prescribed by the school employees health 1412
care board. The member's exercise of an option to be covered under 1413
this section shall be in writing, announced at a regular public 1414
meeting of the board of education, and recorded as a public record 1415
in the minutes of the board.1416

       Sec. 3701.025. (A) There is hereby created the medically 1417
handicapped children's medical advisory council consisting of 1418
twenty-one members to be appointed by the director of health for 1419
terms set in accordance with rules adopted by the public health 1420
council under division (A)(11) of section 3701.021 of the Revised 1421
Code. The medically handicapped children's medical advisory 1422
council shall advise the director regarding the administration of 1423
the program for medically handicapped children, the suitable 1424
quality of medical practice for providers, and the requirements 1425
for medical eligibility for the program.1426

       All members of the council shall be licensed physicians, 1427
surgeons, dentists, and other professionals in the field of 1428
medicine, representative of the various disciplines involved in 1429
the treatment of children with medically handicapping conditions, 1430
and representative of the treatment facilities involved, such as 1431
hospitals, private and public health clinics, and private 1432
physicians' offices, and shall be eligible for the program.1433

       Members of the council shall receive no compensation, but 1434
shall receive their actual and necessary travel expenses incurred 1435
in the performance of their official duties in accordance with the 1436
rules of the office of budget and management.1437

       (B) The director of health may appoint a maternal and child 1438
health council to represent the views of service providers, other 1439
interest groups, consumers, and various geographic areas of the 1440
state. The maternal and child health council shall advise the 1441
department of health on matters pertaining to maternal and child 1442
health and, in particular, the "Maternal and Child Health Block 1443
Grant," Title V of the "Social Security Act," 95 Stat. 818, (1981) 1444
42 U.S.C.A. 701, as amended. Members of the council shall receive 1445
no compensation, but shall receive their actual and necessary 1446
travel expenses incurred in the performance of their official 1447
duties in accordance with the rules of the office of budget and 1448
management.1449

       Sec. 3701.63. (A) As used in this section and section 3701.64 1450
of the Revised Code:1451

        (1) "Child day-care center," "type A family day-care home," 1452
and "certified type B family day-care home" have the same meanings 1453
as in section 5104.01 of the Revised Code.1454

       (2) "Child care facility" means a child day-care center, a 1455
type A family day-care home, or a certified type B family day-care 1456
home.1457

        (3) "Freestanding birthing center" has the same meaning as in 1458
section 3702.51 of the Revised Code.1459

       (4) "Hospital" means a hospital classified pursuant to rules 1460
adopted under section 3701.07 of the Revised Code as a general 1461
hospital or children's hospital.1462

        (5) "Maternity unit" means any unit or place in a hospital 1463
where women are regularly received and provided care during all or 1464
part of the maternity cycle, except that "maternity unit" does not 1465
include an emergency department or similar place dedicated to 1466
providing emergency health care.1467

       (6) "Parent" means either parent, unless the parents are 1468
separated or divorced or their marriage has been dissolved or 1469
annulled, in which case "parent" means the parent who is the 1470
residential parent and legal custodian of the child. "Parent" also 1471
means a prospective adoptive parent with whom a child is placed.1472

       (7) "Shaken Baby Syndrome" means signs and symptoms, 1473
including, but not limited to, retinal hemorrhages in one or both 1474
eyes, subdural hematoma, or brain swelling, resulting from the 1475
violent shaking or the shaking and impacting of the head of an 1476
infant or small child.1477

        (B) The director of health shall establish the shaken baby 1478
syndrome education program by doing all of the following:1479

       (1) By not later than one year after the effective date of 1480
this section, with the advice of the work group appointed under 1481
division (D) of this sectionFebruary 29, 2008, developing 1482
educational materials that present readily comprehendible 1483
information on shaken baby syndrome;1484

        (2) Making available on the department of health web site in 1485
an easily accessible format the educational materials developed 1486
under division (B)(1) of this section;1487

        (3) Beginning in 2009, annually assessing the effectiveness 1488
of the shaken baby syndrome education program by evaluating the 1489
reports received pursuant to section 5101.135 of the Revised Code.1490

       (C) In meeting the requirements under division (B) of this 1491
section, the director shall not develop educational materials that 1492
will impose an administrative or financial burden on any of the 1493
entities or persons listed in section 3701.64 of the Revised Code.1494

       (D) The director of health shall appoint and convene a work 1495
group to advise the director on the shaken baby syndrome 1496
educational materials the director is required to develop under 1497
division (B) of this section. The work group shall include at 1498
least one representative of each of the following:1499

       (1) Child abuse prevention advocates;1500

       (2) The staff of the "help me grow" program established 1501
pursuant to section 3701.61 of the Revised Code;1502

       (3) Experts in the field of infant care, particularly in the 1503
area of infant calming methods;1504

       (4) Maternity unit directors;1505

       (5) Parenting skills educators;1506

       (6) Child care facilities.1507

        The work group may also include, at the director's 1508
discretion, representatives of other professions whose members 1509
have practical experience regarding shaken baby syndrome and 1510
representatives of citizens' organizations whose members are 1511
knowledgeable about shaken baby syndrome.1512

       Sec. 3727.312.  The hospital measures advisory council shall 1513
do all of the following:1514

       (A) Study the issue of hospitals reporting information 1515
regarding their performance in meeting measures for hospital 1516
inpatient and outpatient services, including how such reports are 1517
made in other states;1518

       (B) Not later than one year after the date the last of the 1519
initial council members is appointed, issue a report to the 1520
director of health with recommendations for all of the following:1521

       (1) Collecting, pursuant to section 3727.33 of the Revised 1522
Code, information from hospitals that shows their performance in 1523
meeting measures for hospital inpatient and outpatient services;1524

       (2) The audits conducted pursuant to section 3727.331 of the 1525
Revised Code;1526

       (3) Disseminating information about the performance of 1527
hospitals in meeting the measures, including effective methods of 1528
displaying information on any internet web site established under 1529
section 3727.39 of the Revised Code;1530

       (4) Explaining to the public how to use the information about 1531
the performance of hospitals in meeting the measures, including 1532
explanations about the limitations of the information.1533

       (C) Provide the director of health ongoing advice on all of 1534
the following:1535

       (1) The issue of hospitals reporting information regarding 1536
their performance in meeting measures for hospital inpatient and 1537
outpatient services;1538

       (2) Disseminating the information reported by hospitals;1539

       (3) Making improvements to the reports and dissemination of 1540
information;1541

       (4) Making changes to the information collection requirements 1542
and dissemination methods;1543

       (5) Recommendations regarding measurers for children's 1544
hospital inpatient and outpatient services.1545

       (D) Convene a group of health care consumers, nurses, and 1546
experts in infection control, the members of which shall be 1547
appointed by the council according to a method selected by the 1548
council, to provide information about infection issues to the 1549
council as needed for the council to perform its duties.1550

       Sec. 3737.03.  The state fire commissioncouncil may do all 1551
of the following:1552

       (A) Conduct research, make and publish reports on fire 1553
safety, and recommend to the governor, the general assembly, the 1554
board of building standards, and other state agencies, any needed 1555
changes in the laws, rules, or administrative policies relating to 1556
fire safety;1557

       (B) Recommend revisions in the rules included in the state 1558
fire code adopted by the fire marshal. The recommendations may 1559
propose the adoption of new rules or the amendment or repeal of 1560
existing rules. The commissioncouncil shall file its 1561
recommendations in the office of the fire marshal, and, within 1562
sixty days after the recommendations are filed, the fire marshal 1563
shall file with the chairperson of the commissioncouncil the fire 1564
marshal's comments on, and proposed action in response to, the 1565
recommendations.1566

       (C) Maintain the Ohio fire service hall of fame. In 1567
maintaining the hall of fame, the commissioncouncil shall keep 1568
official commendations that recognize and commemorate exemplary 1569
accomplishments and acts of heroism by firefighters and other 1570
persons at fire-related incidents or similar events occurring in 1571
the state. The commissioncouncil may adopt criteria and 1572
guidelines for selecting individuals for that recognition and 1573
commemoration. The recognition and commemoration of individuals 1574
may occur annually and include an annual awards ceremony. The 1575
expenses associated with the recognition and commemoration of 1576
individuals shall be paid in accordance with division (F) of 1577
section 3737.81 of the Revised Code.1578

       Sec. 3737.21.  (A) The director of the department of commerce 1579
shall appoint, from names submitted to the director by the state 1580
fire commissioncouncil, a fire marshal, who shall serve at the 1581
pleasure of the director and shall possess the following 1582
qualifications:1583

       (1) A degree from an accredited college or university with 1584
specialized study in either the field of fire protection or fire 1585
protection engineering, or the equivalent qualifications 1586
determined from training, experience, and duties in a fire 1587
service;1588

       (2) Five years of recent, progressively more responsible 1589
experience in fire inspection, fire code enforcement, fire 1590
investigation, fire protection engineering, teaching of fire 1591
safety engineering, or fire fighting.1592

       (B) When a vacancy occurs in the position of fire marshal, 1593
the director shall notify the state fire commissioncouncil. The1594
commissioncouncil shall communicate the fact of the vacancy by 1595
regular mail to all fire chiefs and fire protection engineers 1596
known to the commissioncouncil, or whose identity may be 1597
ascertained by the commissioncouncil by the exercise of due 1598
diligence. The commissioncouncil, no earlier than thirty days 1599
after mailing the notification, shall compile a list of all 1600
applicants for the position of fire marshal who are qualified 1601
under this section. The commissioncouncil shall submit the names 1602
of at least three persons on the list to the director. The 1603
director shall appoint the fire marshal from the list of at least 1604
three names or may request the commissioncouncil to submit 1605
additional names.1606

       Sec. 3737.81.  (A) There is hereby created the state fire1607
commissioncouncil consisting of ten members to be appointed by 1608
the governor with the advice and consent of the senate. The fire 1609
marshal or chief deputy fire marshal, a representative designated 1610
by the department of public safety who has tenure in fire 1611
suppression, and a representative designated by the board of 1612
building standards shall be ex officio members. Of the initial 1613
appointments made to the commissioncouncil, two shall be for a 1614
term ending one year after November 1, 1978, two shall be for a 1615
term ending two years after that date, two shall be for a term 1616
ending three years after that date, two shall be for a term ending 1617
four years after that date, and two shall be for a term ending 1618
five years after that date. Thereafter, terms of office shall be 1619
for five years, each term ending on the same day of the same month 1620
of the year as did the term which it succeeds. Each member shall 1621
hold office from the date of appointment until the end of the term 1622
for which the member was appointed. Any member appointed to fill a 1623
vacancy occurring prior to the expiration of the term for which 1624
the member's predecessor was appointed shall hold office for the 1625
remainder of that term. Any member shall continue in office 1626
subsequent to the expiration date of the member's term until a 1627
successor takes office, or until a period of sixty days has 1628
elapsed, whichever occurs first. Members shall be qualified by 1629
experience and training to deal with the matters that are the 1630
responsibility of the commissioncouncil. Two members shall be 1631
members of paid fire services, one shall be a member of volunteer 1632
fire services, two shall be mayors, managers, or members of 1633
legislative authorities of municipal corporations, one shall 1634
represent commerce and industry, one shall be a representative of 1635
a fire insurance company domiciled in this state, one shall 1636
represent the flammable liquids industry, one shall represent the 1637
construction industry, and one shall represent the public. At no 1638
time shall more than six members be members of or associated with 1639
the same political party. Membership on the commissioncouncil1640
shall not constitute holding a public office, and no person shall 1641
forfeit or otherwise vacate the person's office or position of 1642
employment because of membership on the commissioncouncil.1643

       (B) The ex officio members may not vote, except that the fire 1644
marshal or chief deputy fire marshal may vote in case of a tie.1645

       (C) Each member of the commissioncouncil, other than ex 1646
officio members, shall be paid an amount fixed pursuant to 1647
division (J) of section 124.15 of the Revised Code, and the 1648
member's actual and necessary expenses.1649

       (D) The commissioncouncil shall select a chairperson and a 1650
vice-chairperson from among its members. No business may be 1651
transacted in the absence of a quorum. A quorum shall be at least 1652
six members, excluding ex officio members, and shall include 1653
either the chairperson or vice-chairperson. The commissioncouncil1654
shall hold regular meetings at least once every two months and may 1655
meet at any other time at the call of the chairperson.1656

       (E) The fire marshal shall provide the commissioncouncil1657
with office space, meeting rooms, staff, and clerical assistance 1658
necessary for the commissioncouncil to perform its duties. If the1659
commissioncouncil maintains the Ohio fire service hall of fame 1660
under division (C) of section 3737.03 of the Revised Code, the 1661
fire marshal shall preserve, in an appropriate manner, in the 1662
office space or meeting rooms provided to the commissioncouncil1663
under this division or in another location, copies of all official 1664
commendations awarded to individuals recognized and commemorated 1665
for their exemplary accomplishments and acts of heroism at 1666
fire-related incidents or similar events that occurred in this 1667
state.1668

       (F) If the commissioncouncil maintains the Ohio fire service 1669
hall of fame under division (C) of section 3737.03 of the Revised 1670
Code, the expenses incurred for the recognition and commemoration 1671
of individuals for their exemplary accomplishments and acts of 1672
heroism at fire-related incidents or similar events that occurred 1673
in this state, including, but not limited to, expenses for 1674
official commendations and an annual awards ceremony as described 1675
in division (B) of section 3737.03 of the Revised Code, may be 1676
paid from moneys appropriated by the general assembly for purposes 1677
of that recognition and commemoration, from moneys that are 1678
available to the fire marshal under this chapter, or from other 1679
funding sources available to the commissioncouncil.1680

       Sec. 3737.86.  (A) As used in this section, "rule" includes 1681
the adoption, amendment, or repeal of any rule by the fire marshal 1682
under sections 3737.82 to 3737.86 of the Revised Code, regardless 1683
of whether or not the rule is included in the state fire code.1684

       (B) The fire marshal shall adopt rules in accordance with 1685
Chapter 119. of the Revised Code. In adopting rules, the fire 1686
marshal shall consider and make appropriate findings with respect 1687
to the degree and nature of the risk of injury that the rule is 1688
designed to prevent or reduce, the approximate number of products 1689
or types or classes of products subject to the rule, the public 1690
need for the products involved, the probable effect of the rule on 1691
the utility, cost, or availability of such product, and any means 1692
of achieving the objective of the rule that will minimize adverse 1693
effects on competition or disruption or dislocation of 1694
manufacturing and other commercial practices. The minimum 1695
standards embodied in the rules shall be published in such a 1696
manner as to assure that all interested parties have a reasonable 1697
opportunity to be informed of the standards so established.1698

       (C) The fire marshal shall file a copy of the full text of 1699
any proposed rule with the chairmanchairperson of the state fire 1700
commissioncouncil. The fire marshal shall not adopt the proposed 1701
rule until the commissioncouncil has filed in the office of the 1702
fire marshal recommendations for revisions in the proposed rule or 1703
until a period of sixty days has elapsed since the proposed rule 1704
was filed with the chairmanchairperson of the commissioncouncil, 1705
whichever occurs first. The fire marshal shall consider any 1706
recommendations made by the commissioncouncil before adopting the 1707
proposed rule, but may accept, reject, or modify the 1708
recommendations.1709

       Sec. 3737.88.  (A)(1) The fire marshal shall have 1710
responsibility for implementation of the underground storage tank 1711
program and corrective action program for releases from 1712
underground petroleum storage tanks established by the "Resource 1713
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A. 1714
6901, as amended. To implement the program, the fire marshal may 1715
adopt, amend, and rescind such rules, conduct such inspections, 1716
require annual registration of underground storage tanks, issue 1717
such citations and orders to enforce those rules, enter into 1718
environmental covenants in accordance with sections 5301.80 to 1719
5301.92 of the Revised Code, and perform such other duties, as are 1720
consistent with those programs. The fire marshal, by rule, may 1721
delegate the authority to conduct inspections of underground 1722
storage tanks to certified fire safety inspectors.1723

       (2) In the place of any rules regarding release containment 1724
and release detection for underground storage tanks adopted under 1725
division (A)(1) of this section, the fire marshal, by rule, shall 1726
designate areas as being sensitive for the protection of human 1727
health and the environment and adopt alternative rules regarding 1728
release containment and release detection methods for new and 1729
upgraded underground storage tank systems located in those areas. 1730
In designating such areas, the fire marshal shall take into 1731
consideration such factors as soil conditions, hydrogeology, water 1732
use, and the location of public and private water supplies. Not 1733
later than July 11, 1990, the fire marshal shall file the rules 1734
required under this division with the secretary of state, director 1735
of the legislative service commission, and joint committee on 1736
agency rule review in accordance with divisions (B) and (H) of 1737
section 119.03 of the Revised Code.1738

       (B) Before adopting any rule under this section or section 1739
3737.881 or 3737.882 of the Revised Code, the fire marshal shall 1740
file written notice of the proposed rule with the chairperson of 1741
the state fire commissioncouncil, and, within sixty days after 1742
notice is filed, the commissioncouncil may file responses to or 1743
comments on and may recommend alternative or supplementary rules 1744
to the fire marshal. At the end of the sixty-day period or upon 1745
the filing of responses, comments, or recommendations by the 1746
commissioncouncil, the fire marshal may adopt the rule filed with 1747
the commissioncouncil or any alternative or supplementary rule 1748
recommended by the commissioncouncil.1749

       (C) The state fire commissioncouncil may recommend courses 1750
of action to be taken by the fire marshal in carrying out the fire 1751
marshal's duties under this section. The commissioncouncil shall 1752
file its recommendations in the office of the fire marshal, and, 1753
within sixty days after the recommendations are filed, the fire 1754
marshal shall file with the chairperson of the commissioncouncil1755
comments on, and proposed action in response to, the 1756
recommendations.1757

       (D) For the purpose of sections 3737.87 to 3737.89 of the 1758
Revised Code, the fire marshal shall adopt, and may amend and 1759
rescind, rules identifying or listing hazardous substances. The 1760
rules shall be consistent with and equivalent in scope, coverage, 1761
and content to regulations identifying or listing hazardous 1762
substances adopted under the "Comprehensive Environmental 1763
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779, 1764
42 U.S.C.A. 9602, as amended, except that the fire marshal shall 1765
not identify or list as a hazardous substance any hazardous waste 1766
identified or listed in rules adopted under division (A) of 1767
section 3734.12 of the Revised Code.1768

       (E) Notwithstanding any provision of the laws of this state 1769
to the contrary, the fire marshal has exclusive jurisdiction to 1770
regulate the storage, treatment, and disposal of petroleum 1771
contaminated soil generated from corrective actions undertaken in 1772
response to releases of petroleum. The fire marshal may adopt, 1773
amend, or rescind such rules as the fire marshal considers to be 1774
necessary or appropriate to regulate the storage, treatment, or 1775
disposal of petroleum contaminated soil so generated.1776

       (F) The fire marshal shall adopt, amend, and rescind rules 1777
under sections 3737.88 to 3737.882 of the Revised Code in 1778
accordance with Chapter 119. of the Revised Code.1779

       Sec. 3743.54.  (A) A licensed exhibitor of fireworks may 1780
acquire fireworks for use at a public fireworks exhibition only 1781
from a licensed manufacturer of fireworks or licensed wholesaler 1782
of fireworks, and only in accordance with the procedures specified 1783
in this section and section 3743.55 of the Revised Code. 1784

       (B)(1) A licensed exhibitor of fireworks who wishes to 1785
conduct a public fireworks exhibition shall apply for approval to 1786
conduct the exhibition to whichever of the following persons is 1787
appropriate under the circumstances:1788

       (a) Unless division (B)(1)(c) or (d) of this section applies, 1789
if the exhibition will take place in a municipal corporation, the 1790
approval shall be obtained from the fire chief, and from the 1791
police chief or other similar chief law enforcement officer, or 1792
the designee of the police chief or similar chief law enforcement 1793
officer, of the particular municipal corporation.1794

       (b) Unless division (B)(1)(c) or (d) of this section applies, 1795
if the exhibition will take place in an unincorporated area, the 1796
approval shall be obtained from the fire chief of the particular 1797
township or township fire district, and from the police chief or 1798
other similar chief law enforcement officer, or the designee of 1799
the police chief or similar chief law enforcement officer, of the 1800
particular township or township police district.1801

       (c) If fire protection services for the premises on which the 1802
exhibition will take place are provided in accordance with a 1803
contract between political subdivisions, the approval shall be 1804
obtained from the fire chief of the political subdivision 1805
providing the fire protection services and from the police chief 1806
or other similar chief law enforcement officer, or the designee of 1807
the police chief or similar chief law enforcement officer, of the 1808
political subdivision in which the premises on which the 1809
exhibition will take place are located. If police services for the 1810
premises on which the exhibition will take place are provided in 1811
accordance with a contract between political subdivisions, the 1812
approval shall be obtained from the police chief or other similar 1813
chief law enforcement officer, or the designee of the police chief 1814
or similar chief law enforcement officer, of the political 1815
subdivision providing the police services and from the fire chief 1816
of the political subdivision in which the premises on which the 1817
exhibition will take place are located. If both fire and police 1818
protection services for the premises on which the exhibition will 1819
take place are provided in accordance with a contract between 1820
political subdivisions, the approval shall be obtained from the 1821
fire chief, and from the police chief or other similar chief law 1822
enforcement officer, or the designee of the police chief or 1823
similar chief law enforcement officer, of the political 1824
subdivisions providing the police and fire protection services.1825

       (d) If there is no municipal corporation, township, or 1826
township fire district fire department, no municipal corporation, 1827
township, or township police district police department, and no 1828
contract for police or fire protection services between political 1829
subdivisions covering the premises on which the exhibition will 1830
take place, the approval shall be obtained from the fire 1831
prevention officer, and from the police chief or other similar 1832
chief law enforcement officer, or the designee of the police chief 1833
or other similar chief law enforcement officer, having 1834
jurisdiction over the premises.1835

       (2) The approval required by division (B)(1) of this section 1836
shall be evidenced by the fire chief or fire prevention officer 1837
and by the police chief or other similar chief law enforcement 1838
officer, or the designee of the police chief or other similar 1839
chief law enforcement officer, signing a permit for the 1840
exhibition. The fire marshal shall prescribe the form of 1841
exhibition permits and distribute copies of the form to fire 1842
chiefs, to fire prevention officers, and to police chiefs or other 1843
similar chief law enforcement officers of municipal corporations, 1844
townships, or township police districts, or their designees, in 1845
this state. Any exhibitor of fireworks who wishes to conduct a 1846
public fireworks exhibition may obtain a copy of the form from the 1847
fire marshal or, if it is available, from a fire chief, a fire 1848
prevention officer, a police chief or other similar chief law 1849
enforcement officer of a municipal corporation, township, or 1850
township police district, or a designee of such a police chief or 1851
other similar chief law enforcement officer.1852

       (C) Before a permit is signed and issued to a licensed 1853
exhibitor of fireworks, the fire chief or fire prevention officer, 1854
in consultation with the police chief or other similar chief law 1855
enforcement officer or with the designee of the police chief or 1856
other similar chief law enforcement officer, shall inspect the 1857
premises on which the exhibition will take place and shall 1858
determine that, in fact, the applicant for the permit is a 1859
licensed exhibitor of fireworks. Each applicant shall show the 1860
applicant's license as an exhibitor of fireworks to the fire chief 1861
or fire prevention officer.1862

       The fire chief or fire prevention officer, and the police 1863
chief or other similar chief law enforcement officer, or the 1864
designee of the police chief or other similar chief law 1865
enforcement officer, shall give approval to conduct a public 1866
fireworks exhibition only if satisfied, based on the inspection, 1867
that the premises on which the exhibition will be conducted allow 1868
the exhibitor to comply with the rules adopted by the fire marshal 1869
pursuant to divisions (B) and (E) of section 3743.53 of the 1870
Revised Code and that the applicant is, in fact, a licensed 1871
exhibitor of fireworks. The fire chief or fire prevention officer, 1872
in consultation with the police chief or other similar chief law 1873
enforcement officer or with the designee of the police chief or 1874
other similar chief law enforcement officer, may inspect the 1875
premises immediately prior to the exhibition to determine if the 1876
exhibitor has complied with the rules, and may revoke a permit for 1877
noncompliance with the rules.1878

       (D) If the legislative authorities of their political 1879
subdivisions have prescribed a fee for the issuance of a permit 1880
for a public fireworks exhibition, fire chiefs or fire prevention 1881
officers, and police chiefs, other similar chief law enforcement 1882
officers, or their designee, shall not issue a permit until the 1883
exhibitor pays the requisite fee.1884

       Each exhibitor shall provide an indemnity bond in the amount 1885
of at least one million dollars, with surety satisfactory to the 1886
fire chief or fire prevention officer and to the police chief or 1887
other similar chief law enforcement officer, or the designee of 1888
the police chief or other similar chief law enforcement officer, 1889
conditioned for the payment of all final judgments that may be 1890
rendered against the exhibitor on account of injury, death, or 1891
loss to persons or property emanating from the fireworks 1892
exhibition, or proof of insurance coverage of at least one million 1893
dollars for liability arising from injury, death, or loss to 1894
persons or property emanating from the fireworks exhibition. The 1895
legislative authority of a political subdivision in which a public 1896
fireworks exhibition will take place may require the exhibitor to 1897
provide an indemnity bond or proof of insurance coverage in 1898
amounts greater than those required by this division. Fire chiefs 1899
or fire prevention officers, and police chiefs, other similar 1900
chief law enforcement officers, or their designee, shall not issue 1901
a permit until the exhibitor provides the bond or proof of the 1902
insurance coverage required by this division or by the political 1903
subdivision in which the fireworks exhibition will take place.1904

       (E)(1) Each permit for a fireworks exhibition issued by a 1905
fire chief or fire prevention officer, and by the police chief or 1906
other similar chief law enforcement officer, or the designee of 1907
the police chief or other similar chief law enforcement officer, 1908
shall contain a distinct number, designate the municipal 1909
corporation, township, or township fire or police district of the 1910
fire chief, fire prevention officer, police chief or other similar 1911
chief law enforcement officer, or designee of the police chief or 1912
other similar chief law enforcement officer, and identify the 1913
certified fire safety inspector, fire chief, or fire prevention 1914
officer who will be present before, during, and after the 1915
exhibition, where appropriate. A copy of each permit issued shall 1916
be forwarded by the fire chief or fire prevention officer, and by 1917
the police chief or other similar chief law enforcement officer, 1918
or the designee of the police chief or other similar chief law 1919
enforcement officer, issuing it to the fire marshal, who shall 1920
keep a record of the permits received. A permit is not 1921
transferable or assignable.1922

       (2) Each fire chief, fire prevention officer, police chief or 1923
other similar chief law enforcement officer, and designee of a 1924
police chief or other similar chief law enforcement officer shall 1925
keep a record of issued permits for fireworks exhibitions. In this 1926
list, the fire chief, fire prevention officer, police chief or 1927
other similar chief law enforcement officer, and designee of a 1928
police chief or other similar chief law enforcement officer shall 1929
list the name of the exhibitor, the exhibitor's license number, 1930
the premises on which the exhibition will be conducted, the date 1931
and time of the exhibition, and the number and political 1932
subdivision designation of the permit issued to the exhibitor for 1933
the exhibition.1934

       (F) The governing authority having jurisdiction in the 1935
location where an exhibition is to take place shall require that a 1936
certified fire safety inspector, fire chief, or fire prevention 1937
officer be present before, during, and after the exhibition, and 1938
shall require the certified fire safety inspector, fire chief, or 1939
fire prevention officer to inspect the premises where the 1940
exhibition is to take place and determine whether the exhibition 1941
is in compliance with this chapter.1942

       (G) Notwithstanding any provision of the Revised Code to the 1943
contrary, the state fire marshal is hereby authorized to create 1944
additional license categories for fireworks exhibitors and to 1945
create additional permit requirements for fireworks exhibitions 1946
for the indoor use of fireworks and other uses of pyrotechnics, 1947
including the use of pyrotechnic materials that do not meet the 1948
definition of fireworks as described in section 3743.01 of the 1949
Revised Code. Such licenses and permits and the fees for such 1950
licenses and permits shall be described in rules adopted by the 1951
fire marshal under Chapter 119. of the Revised Code. Such rules 1952
may provide for different standards for exhibitor licensure and 1953
the permitting and conducting of a fireworks exhibition than the 1954
requirements of this chapter.1955

       Prior to the state fire marshal's adoption of the rules 1956
described in this division, the director of commerce shall appoint 1957
a committee consisting of the state fire marshal or the marshal's 1958
designee, three representatives of the fireworks industry, and 1959
three representatives of the fire service to assist the state fire 1960
marshal in adopting these rules. Unless an extension is granted by 1961
the director of commerce, the state fire marshal shall adopt 1962
initial rules under this section not later than July 1, 2010.1963

       Sec. 3746.04.  Within one year after September 28, 1994, the 1964
director of environmental protection, in accordance with Chapter 1965
119. of the Revised Code and with the advice of the 1966
multidisciplinary council appointed under section 3746.03 of the 1967
Revised Code, shall adopt, and subsequently may amend, suspend, or 1968
rescind, rules that do both of the following:1969

       (A) Revise the rules adopted under Chapters 3704., 3714., 1970
3734., 6109., and 6111. of the Revised Code to incorporate the 1971
provisions necessary to conform those rules to the requirements of 1972
this chapter. The amended rules adopted under this division also 1973
shall establish response times for all submittals to the 1974
environmental protection agency required under this chapter or 1975
rules adopted under it.1976

       (B) Establish requirements and procedures that are reasonably 1977
necessary for the implementation and administration of this 1978
chapter, including, without limitation, all of the following:1979

       (1) Appropriate generic numerical clean-up standards for the 1980
treatment or removal of soils, sediments, and water media for 1981
hazardous substances and petroleum. The rules shall establish 1982
separate generic numerical clean-up standards based upon the 1983
intended use of properties after the completion of voluntary 1984
actions, including industrial, commercial, and residential uses 1985
and such other categories of land use as the director considers to 1986
be appropriate. The generic numerical clean-up standards 1987
established for each category of land use shall be the 1988
concentration of each contaminant that may be present on a 1989
property that shall ensure protection of public health and safety 1990
and the environment for the reasonable exposure for that category 1991
of land use. When developing the standards, the director shall 1992
consider such factors as all of the following:1993

       (a) Scientific information, including, without limitation, 1994
toxicological information and realistic assumptions regarding 1995
human and environmental exposure to hazardous substances or 1996
petroleum;1997

       (b) Climatic factors;1998

       (c) Human activity patterns;1999

       (d) Current statistical techniques;2000

       (e) For petroleum at industrial property, alternatives to the 2001
use of total petroleum hydrocarbons.2002

       The generic numerical clean-up standards established in the 2003
rules adopted under division (B)(1) of this section shall be 2004
consistent with and equivalent in scope, content, and coverage to 2005
any applicable standard established by federal environmental laws 2006
and regulations adopted under them, including, without limitation, 2007
the "Federal Water Pollution Control Act Amendments of 1972," 86 2008
Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource 2009
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 2010
6921, as amended; the "Toxic Substances Control Act," 90 Stat. 2011
2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive 2012
Environmental Response, Compensation, and Liability Act of 1980," 2013
94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe 2014
Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as 2015
amended.2016

       In order for the rules adopted under division (B)(1) of this 2017
section to require that any such federal environmental standard 2018
apply to a property, the property shall meet the requirements of 2019
the particular federal statute or regulation involved in the 2020
manner specified by the statute or regulation.2021

       The generic numerical clean-up standards for petroleum at 2022
commercial or residential property shall be the standards 2023
established in rules adopted under division (B) of section 2024
3737.882 of the Revised Code.2025

       (2)(a) Procedures for performing property-specific risk 2026
assessments that would be performed at a property to demonstrate 2027
that the remedy evaluated in a risk assessment results in 2028
protection of public health and safety and the environment instead 2029
of complying with the generic numerical clean-up standards 2030
established in the rules adopted under division (B)(1) of this 2031
section. The risk assessment procedures shall describe a 2032
methodology to establish, on a property-specific basis, allowable 2033
levels of contamination to remain at a property to ensure 2034
protection of public health and safety and the environment on the 2035
property and off the property when the contamination is emanating 2036
off the property, taking into account all of the following:2037

       (i) The implementation of treatment, storage, or disposal, or 2038
a combination thereof, of hazardous substances or petroleum;2039

       (ii) The existence of institutional controls or activity and 2040
use limitations that eliminate or mitigate exposure to hazardous 2041
substances or petroleum through the restriction of access to 2042
hazardous substances or petroleum;2043

       (iii) The existence of engineering controls that eliminate or 2044
mitigate exposure to hazardous substances or petroleum through 2045
containment of, control of, or restrictions of access to hazardous 2046
substances or petroleum, including, without limitation, fences, 2047
cap systems, cover systems, and landscaping.2048

       (b) The risk assessment procedures and levels of acceptable 2049
risk set forth in the rules adopted under division (B)(2) of this 2050
section shall be based upon all of the following:2051

       (i) Scientific information, including, without limitation, 2052
toxicological information and actual or proposed human and 2053
environmental exposure;2054

       (ii) Locational and climatic factors;2055

       (iii) Surrounding land use and human activities;2056

       (iv) Differing levels of remediation that may be required 2057
when an existing land use is continued compared to when a 2058
different land use follows the remediation.2059

       (c) Any standards established pursuant to rules adopted under 2060
division (B)(2) of this section shall be no more stringent than 2061
standards established under the environmental statutes of this 2062
state and rules adopted under them for the same contaminant in the 2063
same environmental medium that are in effect at the time the risk 2064
assessment is conducted.2065

       (3) Minimum standards for phase I property assessments. The 2066
standards shall specify the information needed to demonstrate that 2067
there is no reason to believe that contamination exists on a 2068
property. The rules adopted under division (B)(3) of this section, 2069
at a minimum, shall require that a phase I property assessment 2070
include all of the following:2071

       (a) A review and analysis of deeds, mortgages, easements of 2072
record, and similar documents relating to the chain of title to 2073
the property that are publicly available or that are known to and 2074
reasonably available to the owner or operator;2075

       (b) A review and analysis of any previous environmental 2076
assessments, property assessments, environmental studies, or 2077
geologic studies of the property and any land within two thousand 2078
feet of the boundaries of the property that are publicly available 2079
or that are known to and reasonably available to the owner or 2080
operator;2081

       (c) A review of current and past environmental compliance 2082
histories of persons who owned or operated the property;2083

       (d) A review of aerial photographs of the property that 2084
indicate prior uses of the property;2085

       (e) Interviews with managers of activities conducted at the 2086
property who have knowledge of environmental conditions at the 2087
property;2088

       (f) Conducting an inspection of the property consisting of a 2089
walkover;2090

       (g) Identifying the current and past uses of the property, 2091
adjoining tracts of land, and the area surrounding the property, 2092
including, without limitation, interviews with persons who reside 2093
or have resided, or who are or were employed, within the area 2094
surrounding the property regarding the current and past uses of 2095
the property and adjacent tracts of land.2096

       The rules adopted under division (B)(3) of this section shall 2097
establish criteria to determine when a phase II property 2098
assessment shall be conducted when a phase I property assessment 2099
reveals facts that establish a reason to believe that hazardous 2100
substances or petroleum have been treated, stored, managed, or 2101
disposed of on the property if the person undertaking the phase I 2102
property assessment wishes to obtain a covenant not to sue under 2103
section 3746.12 of the Revised Code.2104

       (4) Minimum standards for phase II property assessments. The 2105
standards shall specify the information needed to demonstrate that 2106
any contamination present at the property does not exceed 2107
applicable standards or that the remedial activities conducted at 2108
the property have achieved compliance with applicable standards. 2109
The rules adopted under division (B)(4) of this section, at a 2110
minimum, shall require that a phase II property assessment include 2111
all of the following:2112

       (a) A review and analysis of all documentation prepared in 2113
connection with a phase I property assessment conducted within the 2114
one hundred eighty days before the phase II property assessment 2115
begins. The rules adopted under division (B)(4)(a) of this section 2116
shall require that if a period of more than one hundred eighty 2117
days has passed between the time that the phase I assessment of 2118
the property was completed and the phase II assessment begins, the 2119
phase II assessment shall include a reasonable inquiry into the 2120
change in the environmental condition of the property during the 2121
intervening period.2122

       (b) Quality assurance objectives for measurements taken in 2123
connection with a phase II assessment;2124

       (c) Sampling procedures to ensure the representative sampling 2125
of potentially contaminated environmental media;2126

       (d) Quality assurance and quality control requirements for 2127
samples collected in connection with phase II assessments;2128

       (e) Analytical and data assessment procedures;2129

       (f) Data objectives to ensure that samples collected in 2130
connection with phase II assessments are biased toward areas where 2131
information indicates that contamination by hazardous substances 2132
or petroleum is likely to exist.2133

       (5) Standards governing the conduct of certified 2134
professionals, criteria and procedures for the certification of 2135
professionals to issue no further action letters under section 2136
3746.11 of the Revised Code, and criteria for the suspension and 2137
revocation of those certifications. The director shall take an 2138
action regarding a certification as a final action. The issuance, 2139
denial, renewal, suspension, and revocation of those 2140
certifications are subject to Chapter 3745. of the Revised Code, 2141
except that, in lieu of publishing an action regarding a 2142
certification in a newspaper of general circulation as required in 2143
section 3745.07 of the Revised Code, such an action shall be 2144
published on the environmental protection agency's web site and in 2145
the agency's weekly review not later than fifteen days after the 2146
date of the issuance, denial, renewal, suspension, or revocation 2147
of the certification and not later than thirty days before a 2148
hearing or public meeting concerning the action.2149

       The rules adopted under division (B)(5) of this section shall 2150
do all of the following:2151

       (a) Provide for the certification of environmental 2152
professionals to issue no further action letters pertaining to 2153
investigations and remedies in accordance with the criteria and 2154
procedures set forth in the rules. The rules adopted under 2155
division (B)(5)(a) of this section shall do at least all of the 2156
following:2157

       (i) Authorize the director to consider such factors as an 2158
environmental professional's previous performance record regarding 2159
such investigations and remedies and the environmental 2160
professional's environmental compliance history when determining 2161
whether to certify the environmental professional;2162

       (ii) Ensure that an application for certification is reviewed 2163
in a timely manner;2164

       (iii) Require the director to certify any environmental 2165
professional who the director determines complies with those 2166
criteria;2167

       (iv) Require the director to deny certification for any 2168
environmental professional who does not comply with those 2169
criteria.2170

       (b) Establish an annual fee to be paid by environmental 2171
professionals certified pursuant to the rules adopted under 2172
division (B)(5)(a) of this section. The fee shall be established 2173
at an amount calculated to defray the costs to the agency for the 2174
required reviews of the qualifications of environmental 2175
professionals for certification and for the issuance of the 2176
certifications.2177

       (c) Develop a schedule for and establish requirements 2178
governing the review by the director of the credentials of 2179
environmental professionals who were deemed to be certified 2180
professionals under division (D) of section 3746.07 of the Revised 2181
Code in order to determine if they comply with the criteria 2182
established in rules adopted under division (B)(5) of this 2183
section. The rules adopted under division (B)(5)(c) of this 2184
section shall do at least all of the following:2185

       (i) Ensure that the review is conducted in a timely fashion;2186

       (ii) Require the director to certify any such environmental 2187
professional who the director determines complies with those 2188
criteria;2189

       (iii) Require any such environmental professional initially 2190
to pay the fee established in the rules adopted under division 2191
(B)(5)(b) of this section at the time that the environmental 2192
professional is so certified by the director;2193

       (iv) Establish a time period within which any such 2194
environmental professional who does not comply with those criteria 2195
may obtain the credentials that are necessary for certification;2196

       (v) Require the director to deny certification for any such 2197
environmental professional who does not comply with those criteria 2198
and who fails to obtain the necessary credentials within the 2199
established time period.2200

       (d) Require that any information submitted to the director 2201
for the purposes of the rules adopted under division (B)(5)(a) or 2202
(c) of this section comply with division (A) of section 3746.20 of 2203
the Revised Code;2204

       (e) Authorize the director to suspend or revoke the 2205
certification of an environmental professional if the director 2206
finds that the environmental professional's performance has 2207
resulted in the issuance of no further action letters under 2208
section 3746.11 of the Revised Code that are not consistent with 2209
applicable standards or finds that the certified environmental 2210
professional has not substantially complied with section 3746.31 2211
of the Revised Code;2212

       (f) Authorize the director to suspend for a period of not 2213
more than five years or to permanently revoke a certified 2214
environmental professional's certification for any violation of or 2215
failure to comply with an ethical standard established in rules 2216
adopted under division (B)(5) of this section;2217

       (g) Require the director to revoke the certification of an 2218
environmental professional if the director finds that the 2219
environmental professional falsified any information on the 2220
environmental professional's application for certification 2221
regarding the environmental professional's credentials or 2222
qualifications or any other information generated for the purposes 2223
of or use under this chapter or rules adopted under it;2224

       (h) Require the director permanently to revoke the 2225
certification of an environmental professional who has violated or 2226
is violating division (A) of section 3746.18 of the Revised Code;2227

       (i) Preclude the director from revoking the certification of 2228
an environmental professional who only conducts investigations and 2229
remedies at property contaminated solely with petroleum unless the 2230
director first consults with the director of commerce.2231

       (6) Criteria and procedures for the certification of 2232
laboratories to perform analyses under this chapter and rules 2233
adopted under it. The issuance, denial, suspension, and revocation 2234
of those certifications are subject to Chapter 3745. of the 2235
Revised Code, and the director of environmental protection shall 2236
take any such action regarding a certification as a final action.2237

       The rules adopted under division (B)(6) of this section shall 2238
do all of the following:2239

       (a) Provide for the certification to perform analyses of 2240
laboratories in accordance with the criteria and procedures 2241
established in the rules adopted under division (B)(6)(a) of this 2242
section and establish an annual fee to be paid by those 2243
laboratories. The fee shall be established at an amount calculated 2244
to defray the costs to the agency for the review of the 2245
qualifications of those laboratories for certification and for the 2246
issuance of the certifications. The rules adopted under division 2247
(B)(6)(a) of this section may provide for the certification of 2248
those laboratories to perform only particular types or categories 2249
of analyses, specific test parameters or group of test parameters, 2250
or a specific matrix or matrices under this chapter.2251

       (b) Develop a schedule for and establish requirements 2252
governing the review by the director of the operations of 2253
laboratories that were deemed to be certified laboratories under 2254
division (E) of section 3746.07 of the Revised Code in order to 2255
determine if they comply with the criteria established in rules 2256
adopted under division (B)(6) of this section. The rules adopted 2257
under division (B)(6)(b) of this section shall do at least all of 2258
the following:2259

       (i) Ensure that the review is conducted in a timely fashion;2260

       (ii) Require the director to certify any such laboratory that 2261
the director determines complies with those criteria;2262

       (iii) Require any such laboratory initially to pay the fee 2263
established in the rules adopted under division (B)(6)(a) of this 2264
section at the time that the laboratory is so certified by the 2265
director;2266

       (iv) Establish a time period within which any such laboratory 2267
that does not comply with those criteria may make changes in its 2268
operations necessary for the performance of analyses under this 2269
chapter and rules adopted under it in order to be certified by the 2270
director;2271

       (v) Require the director to deny certification for any such 2272
laboratory that does not comply with those criteria and that fails 2273
to make the necessary changes in its operations within the 2274
established time period.2275

       (c) Require that any information submitted to the director 2276
for the purposes of the rules adopted under division (B)(6)(a) or 2277
(b) of this section comply with division (A) of section 3746.20 of 2278
the Revised Code;2279

       (d) Authorize the director to suspend or revoke the 2280
certification of a laboratory if the director finds that the 2281
laboratory's performance has resulted in the issuance of no 2282
further action letters under section 3746.11 of the Revised Code 2283
that are not consistent with applicable standards;2284

       (e) Authorize the director to suspend or revoke the 2285
certification of a laboratory if the director finds that the 2286
laboratory falsified any information on its application for 2287
certification regarding its credentials or qualifications;2288

       (f) Require the director permanently to revoke the 2289
certification of a laboratory that has violated or is violating 2290
division (A) of section 3746.18 of the Revised Code.2291

       (7) Information to be included in a no further action letter 2292
prepared under section 3746.11 of the Revised Code, including, 2293
without limitation, all of the following:2294

       (a) A summary of the information required to be submitted to 2295
the certified environmental professional preparing the no further 2296
action letter under division (C) of section 3746.10 of the Revised 2297
Code;2298

       (b) Notification that a risk assessment was performed in 2299
accordance with rules adopted under division (B)(2) of this 2300
section if such an assessment was used in lieu of generic 2301
numerical clean-up standards established in rules adopted under 2302
division (B)(1) of this section;2303

       (c) The contaminants addressed at the property, if any, their 2304
source, if known, and their levels prior to remediation;2305

       (d) The identity of any other person who performed work to 2306
support the request for the no further action letter as provided 2307
in division (B)(2) of section 3746.10 of the Revised Code and the 2308
nature and scope of the work performed by that person;2309

       (e) A list of the data, information, records, and documents 2310
relied upon by the certified environmental professional in 2311
preparing the no further action letter.2312

       (8) Methods for determining fees to be paid for the following 2313
services provided by the agency under this chapter and rules 2314
adopted under it:2315

       (a) Site- or property-specific technical assistance in 2316
developing or implementing plans in connection with a voluntary 2317
action;2318

       (b) Reviewing applications for and issuing consolidated 2319
standards permits under section 3746.15 of the Revised Code and 2320
monitoring compliance with those permits;2321

       (c) Negotiating, preparing, and entering into agreements 2322
necessary for the implementation and administration of this 2323
chapter and rules adopted under it;2324

       (d) Reviewing no further action letters, issuing covenants 2325
not to sue, and monitoring compliance with any terms and 2326
conditions of those covenants and with operation and maintenance 2327
agreements entered into pursuant to those covenants, including, 2328
without limitation, conducting audits of properties where 2329
voluntary actions are being or were conducted under this chapter 2330
and rules adopted under it.2331

       The fees established pursuant to the rules adopted under 2332
division (B)(8) of this section shall be at a level sufficient to 2333
defray the direct and indirect costs incurred by the agency for 2334
the administration and enforcement of this chapter and rules 2335
adopted under it other than the provisions regarding the 2336
certification of professionals and laboratories.2337

       (9) Criteria for selecting the no further action letters 2338
issued under section 3746.11 of the Revised Code that will be 2339
audited under section 3746.17 of the Revised Code, and the scope 2340
and procedures for conducting those audits. The rules adopted 2341
under division (B)(9) of this section, at a minimum, shall require 2342
the director to establish priorities for auditing no further 2343
action letters to which any of the following applies:2344

       (a) The letter was prepared by an environmental professional 2345
who was deemed to be a certified professional under division (D) 2346
of section 3746.07 of the Revised Code, but who does not comply 2347
with the criteria established in rules adopted under division 2348
(B)(5) of this section as determined pursuant to rules adopted 2349
under division (B)(5)(d) of this section;2350

       (b) The letter was submitted fraudulently;2351

       (c) The letter was prepared by a certified environmental 2352
professional whose certification subsequently was revoked in 2353
accordance with rules adopted under division (B)(5) of this 2354
section, or analyses were performed for the purposes of the no 2355
further action letter by a certified laboratory whose 2356
certification subsequently was revoked in accordance with rules 2357
adopted under division (B)(6) of this section;2358

       (d) A covenant not to sue that was issued pursuant to the 2359
letter was revoked under this chapter;2360

       (e) The letter was for a voluntary action that was conducted 2361
pursuant to a risk assessment in accordance with rules adopted 2362
under division (B)(2) of this section;2363

       (f) The letter was for a voluntary action that included as 2364
remedial activities engineering controls or institutional controls 2365
or activity and use limitations authorized under section 3746.05 2366
of the Revised Code.2367

       The rules adopted under division (B)(9) of this section shall 2368
provide for random audits of no further action letters to which 2369
the rules adopted under divisions (B)(9)(a) to (f) of this section 2370
do not apply.2371

       (10) A classification system to characterize ground water 2372
according to its capability to be used for human use and its 2373
impact on the environment and a methodology that shall be used to 2374
determine when ground water that has become contaminated from 2375
sources on a property for which a covenant not to sue is requested 2376
under section 3746.11 of the Revised Code shall be remediated to 2377
the standards established in the rules adopted under division 2378
(B)(1) or (2) of this section.2379

       (a) In adopting rules under division (B)(10) of this section 2380
to characterize ground water according to its capability for human 2381
use, the director shall consider all of the following:2382

       (i) The presence of legally enforceable, reliable 2383
restrictions on the use of ground water, including, without 2384
limitation, local rules or ordinances;2385

       (ii) The presence of regional commingled contamination from 2386
multiple sources that diminishes the quality of ground water;2387

       (iii) The natural quality of ground water;2388

       (iv) Regional availability of ground water and reasonable 2389
alternative sources of drinking water;2390

       (v) The productivity of the aquifer;2391

       (vi) The presence of restrictions on the use of ground water 2392
implemented under this chapter and rules adopted under it;2393

       (vii) The existing use of ground water.2394

       (b) In adopting rules under division (B)(10) of this section 2395
to characterize ground water according to its impacts on the 2396
environment, the director shall consider both of the following:2397

       (i) The risks posed to humans, fauna, surface water, 2398
sediments, soil, air, and other resources by the continuing 2399
presence of contaminated ground water;2400

       (ii) The availability and feasibility of technology to remedy 2401
ground water contamination.2402

       (11) Governing the application for and issuance of variances 2403
under section 3746.09 of the Revised Code;2404

       (12)(a) In the case of voluntary actions involving 2405
contaminated ground water, specifying the circumstances under 2406
which the generic numerical clean-up standards established in 2407
rules adopted under division (B)(1) of this section and standards 2408
established through a risk assessment conducted pursuant to rules 2409
adopted under division (B)(2) of this section shall be 2410
inapplicable to the remediation of contaminated ground water and 2411
under which the standards for remediating contaminated ground 2412
water shall be established on a case-by-case basis prior to the 2413
commencement of the voluntary action pursuant to rules adopted 2414
under division (B)(12)(b) of this section;2415

       (b) Criteria and procedures for the case-by-case 2416
establishment of standards for the remediation of contaminated 2417
ground water under circumstances in which the use of the generic 2418
numerical clean-up standards and standards established through a 2419
risk assessment are precluded by the rules adopted under division 2420
(B)(12)(a) of this section. The rules governing the procedures for 2421
the case-by-case development of standards for the remediation of 2422
contaminated ground water shall establish application, public 2423
participation, adjudication, and appeals requirements and 2424
procedures that are equivalent to the requirements and procedures 2425
established in section 3746.09 of the Revised Code and rules 2426
adopted under division (B)(11) of this section, except that the 2427
procedural rules shall not require an applicant to make the 2428
demonstrations set forth in divisions (A)(1) to (3) of section 2429
3746.09 of the Revised Code.2430

       (13) A definition of the evidence that constitutes sufficient 2431
evidence for the purpose of division (A)(5) of section 3746.02 of 2432
the Revised Code.2433

       At least thirty days before filing the proposed rules 2434
required to be adopted under this section with the secretary of 2435
state, director of the legislative service commission, and joint 2436
committee on agency rule review in accordance with divisions (B) 2437
and (H) of section 119.03 of the Revised Code, the director of 2438
environmental protection shall hold at least one public meeting on 2439
the proposed rules in each of the five districts into which the 2440
agency has divided the state for administrative purposes.2441

       Sec. 4117.03.  (A) Public employees have the right to:2442

       (1) Form, join, assist, or participate in, or refrain from 2443
forming, joining, assisting, or participating in, except as 2444
otherwise provided in Chapter 4117. of the Revised Code, any 2445
employee organization of their own choosing;2446

       (2) Engage in other concerted activities for the purpose of 2447
collective bargaining or other mutual aid and protection;2448

       (3) Representation by an employee organization;2449

       (4) Bargain collectively with their public employers to 2450
determine wages, hours, terms and other conditions of employment 2451
and the continuation, modification, or deletion of an existing 2452
provision of a collective bargaining agreement, and enter into 2453
collective bargaining agreements;2454

       (5) Present grievances and have them adjusted, without the 2455
intervention of the bargaining representative, as long as the 2456
adjustment is not inconsistent with the terms of the collective 2457
bargaining agreement then in effect and as long as the bargaining 2458
representatives have the opportunity to be present at the 2459
adjustment.2460

       (B) Persons on active duty or acting in any capacity as 2461
members of the organized militia do not have collective bargaining 2462
rights.2463

       (C) Except as provided in division (D) of this section, 2464
nothing in Chapter 4117. of the Revised Code prohibits public 2465
employers from electing to engage in collective bargaining, to 2466
meet and confer, to hold discussions, or to engage in any other 2467
form of collective negotiations with public employees who are not 2468
subject to Chapter 4117. of the Revised Code pursuant to division 2469
(C) of section 4117.01 of the Revised Code.2470

       (D) A public employer shall not engage in collective 2471
bargaining or other forms of collective negotiations with the 2472
employees of county boards of elections referred to in division 2473
(C)(12) of section 4117.01 of the Revised Code.2474

       (E) Employees of public schools may bargain collectively for 2475
health care benefits; however, all health care benefits shall 2476
include best practices prescribed by the school employees health 2477
care board, in accordance with section 9.901 of the Revised Code.2478

       Sec. 4121.03.  (A) The governor shall appoint from among the 2479
members of the industrial commission the chairperson of the 2480
industrial commission. The chairperson shall serve as chairperson 2481
at the pleasure of the governor. The chairperson is the head of 2482
the commission and its chief executive officer.2483

       (B) The chairperson shall appoint, after consultation with 2484
other commission members and obtaining the approval of at least 2485
one other commission member, an executive director of the 2486
commission. The executive director shall serve at the pleasure of 2487
the chairperson. The executive director, under the direction of 2488
the chairperson, shall perform all of the following duties:2489

       (1) Act as chief administrative officer for the commission;2490

       (2) Ensure that all commission personnel follow the rules of 2491
the commission;2492

       (3) Ensure that all orders, awards, and determinations are 2493
properly heard and signed, prior to attesting to the documents;2494

       (4) Coordinate, to the fullest extent possible, commission 2495
activities with the bureau of workers' compensation activities;2496

       (5) Do all things necessary for the efficient and effective 2497
implementation of the duties of the commission.2498

       The responsibilities assigned to the executive director of 2499
the commission do not relieve the chairperson from final 2500
responsibility for the proper performance of the acts specified in 2501
this division.2502

       (C) The chairperson shall do all of the following:2503

       (1) Except as otherwise provided in this division, employ, 2504
promote, supervise, remove, and establish the compensation of all 2505
employees as needed in connection with the performance of the 2506
commission's duties under this chapter and Chapters 4123., 4127., 2507
and 4131. of the Revised Code and may assign to them their duties 2508
to the extent necessary to achieve the most efficient performance 2509
of its functions, and to that end may establish, change, or 2510
abolish positions, and assign and reassign duties and 2511
responsibilities of every employee of the commission. The civil 2512
service status of any person employed by the commission prior to 2513
November 3, 1989, is not affected by this section. Personnel 2514
employed by the bureau or the commission who are subject to 2515
Chapter 4117. of the Revised Code shall retain all of their rights 2516
and benefits conferred pursuant to that chapter as it presently 2517
exists or is hereafter amended and nothing in this chapter or 2518
Chapter 4123. of the Revised Code shall be construed as 2519
eliminating or interfering with Chapter 4117. of the Revised Code 2520
or the rights and benefits conferred under that chapter to public 2521
employees or to any bargaining unit.2522

       (2) Hire district and staff hearing officers after 2523
consultation with other commission members and obtaining the 2524
approval of at least one other commission member;2525

       (3) Fire staff and district hearing officers when the 2526
chairperson finds appropriate after obtaining the approval of at 2527
least one other commission member;2528

       (4) Maintain the office for the commission in Columbus;2529

       (5) To the maximum extent possible, use electronic data 2530
processing equipment for the issuance of orders immediately 2531
following a hearing, scheduling of hearings and medical 2532
examinations, tracking of claims, retrieval of information, and 2533
any other matter within the commission's jurisdiction, and shall 2534
provide and input information into the electronic data processing 2535
equipment as necessary to effect the success of the claims 2536
tracking system established pursuant to division (B)(15) of 2537
section 4121.121 of the Revised Code;2538

       (6) Exercise all administrative and nonadjudicatory powers 2539
and duties conferred upon the commission by Chapters 4121., 4123., 2540
4127., and 4131. of the Revised Code;2541

       (7) Approve all contracts for special services.2542

       (D) The chairperson is responsible for all administrative 2543
matters and may secure for the commission facilities, equipment, 2544
and supplies necessary to house the commission, any employees, and 2545
files and records under the commission's control and to discharge 2546
any duty imposed upon the commission by law, the expense thereof 2547
to be audited and paid in the same manner as other state expenses. 2548
For that purpose, the chairperson, separately from the budget 2549
prepared by the administrator of workers' compensation and the 2550
budget prepared by the director of the workers' compensation 2551
council, shall prepare and submit to the office of budget and 2552
management a budget for each biennium according to sections 2553
101.532 and 107.03 of the Revised Code. The budget submitted shall 2554
cover the costs of the commission and staff and district hearing 2555
officers in the discharge of any duty imposed upon the 2556
chairperson, the commission, and hearing officers by law.2557

       (E) A majority of the commission constitutes a quorum to 2558
transact business. No vacancy impairs the rights of the remaining 2559
members to exercise all of the powers of the commission, so long 2560
as a majority remains. Any investigation, inquiry, or hearing that 2561
the commission may hold or undertake may be held or undertaken by 2562
or before any one member of the commission, or before one of the 2563
deputies of the commission, except as otherwise provided in this 2564
chapter and Chapters 4123., 4127., and 4131. of the Revised Code. 2565
Every order made by a member, or by a deputy, when approved and 2566
confirmed by a majority of the members, and so shown on its record 2567
of proceedings, is the order of the commission. The commission may 2568
hold sessions at any place within the state. The commission is 2569
responsible for all of the following:2570

       (1) Establishing the overall adjudicatory policy and 2571
management of the commission under this chapter and Chapters 2572
4123., 4127., and 4131. of the Revised Code, except for those 2573
administrative matters within the jurisdiction of the chairperson, 2574
bureau of workers' compensation, and the administrator of workers' 2575
compensation under those chapters;2576

       (2) Hearing appeals and reconsiderations under this chapter 2577
and Chapters 4123., 4127., and 4131. of the Revised Code;2578

       (3) Engaging in rulemaking where required by this chapter or 2579
Chapter 4123., 4127., or 4131. of the Revised Code.2580

       Sec. 4121.12.  (A) There is hereby created the bureau of 2581
workers' compensation board of directors consisting of eleven 2582
members to be appointed by the governor with the advice and 2583
consent of the senate. One member shall be an individual who, on 2584
account of the individual's previous vocation, employment, or 2585
affiliations, can be classed as a representative of employees; two 2586
members shall be individuals who, on account of their previous 2587
vocation, employment, or affiliations, can be classed as 2588
representatives of employee organizations and at least one of 2589
these two individuals shall be a member of the executive committee 2590
of the largest statewide labor federation; three members shall be 2591
individuals who, on account of their previous vocation, 2592
employment, or affiliations, can be classed as representatives of 2593
employers, one of whom represents self-insuring employers, one of 2594
whom is a state fund employer who employs one hundred or more 2595
employees, and one of whom is a state fund employer who employs 2596
less than one hundred employees; two members shall be individuals 2597
who, on account of their vocation, employment, or affiliations, 2598
can be classed as investment and securities experts who have 2599
direct experience in the management, analysis, supervision, or 2600
investment of assets and are residents of this state; one member 2601
who shall be a certified public accountant; one member who shall 2602
be an actuary who is a member in good standing with the American 2603
academy of actuaries or who is an associate or fellow with the 2604
society of actuaries; and one member shall represent the public 2605
and also be an individual who, on account of the individual's 2606
previous vocation, employment, or affiliations, cannot be classed 2607
as either predominantly representative of employees or of 2608
employers. The governor shall select the chairperson of the board 2609
who shall serve as chairperson at the pleasure of the governor.2610

        None of the members of the board, within one year immediately 2611
preceding the member's appointment, shall have been employed by 2612
the bureau of workers' compensation or by any person, partnership, 2613
or corporation that has provided to the bureau services of a 2614
financial or investment nature, including the management, 2615
analysis, supervision, or investment of assets.2616

       (B) Of the initial appointments made to the board, the 2617
governor shall appoint the member who represents employees, one 2618
member who represents employers, and the member who represents the 2619
public to a term ending one year after June 11, 2007; one member 2620
who represents employers, one member who represents employee 2621
organizations, one member who is an investment and securities 2622
expert, and the member who is a certified public accountant to a 2623
term ending two years after June 11, 2007; and one member who 2624
represents employers, one member who represents employee 2625
organizations, one member who is an investment and securities 2626
expert, and the member who is an actuary to a term ending three 2627
years after June 11, 2007. Thereafter, terms of office shall be 2628
for three years, with each term ending on the same day of the same 2629
month as did the term that it succeeds. Each member shall hold 2630
office from the date of the member's appointment until the end of 2631
the term for which the member was appointed.2632

        Members may be reappointed. Any member appointed to fill a 2633
vacancy occurring prior to the expiration date of the term for 2634
which the member's predecessor was appointed shall hold office as 2635
a member for the remainder of that term. A member shall continue 2636
in office subsequent to the expiration date of the member's term 2637
until a successor takes office or until a period of sixty days has 2638
elapsed, whichever occurs first.2639

       (C) In making appointments to the board, the governor shall 2640
select the members from the list of names submitted by the 2641
workers' compensation board of directors nominating committee 2642
pursuant to this division. The nominating committee shall submit 2643
to the governor a list containing four separate names for each of 2644
the members on the board. Within fourteen days after the 2645
submission of the list, the governor shall appoint individuals 2646
from the list.2647

        At least thirty days prior to a vacancy occurring as a result 2648
of the expiration of a term and within thirty days after other 2649
vacancies occurring on the board, the nominating committee shall 2650
submit an initial list containing four names for each vacancy. 2651
Within fourteen days after the submission of the initial list, the 2652
governor either shall appoint individuals from that list or 2653
request the nominating committee to submit another list of four 2654
names for each member the governor has not appointed from the 2655
initial list, which list the nominating committee shall submit to 2656
the governor within fourteen days after the governor's request. 2657
The governor then shall appoint, within seven days after the 2658
submission of the second list, one of the individuals from either 2659
list to fill the vacancy for which the governor has not made an 2660
appointment from the initial list. If the governor appoints an 2661
individual to fill a vacancy occurring as a result of the 2662
expiration of a term, the individual appointed shall begin serving 2663
as a member of the board when the term for which the individual's 2664
predecessor was appointed expires or immediately upon appointment 2665
by the governor, whichever occurs later. With respect to the 2666
filling of vacancies, the nominating committee shall provide the 2667
governor with a list of four individuals who are, in the judgment 2668
of the nominating committee, the most fully qualified to accede to 2669
membership on the board.2670

       In order for the name of an individual to be submitted to the 2671
governor under this division, the nominating committee shall 2672
approve the individual by an affirmative vote of a majority of its 2673
members.2674

       (D) All members of the board shall receive their reasonable 2675
and necessary expenses pursuant to section 126.31 of the Revised 2676
Code while engaged in the performance of their duties as members 2677
and also shall receive an annual salary not to exceed sixty 2678
thousand dollars in total, payable on the following basis:2679

       (1) Except as provided in division (D)(2) of this section, a 2680
member shall receive two thousand five hundred dollars during a 2681
month in which the member attends one or more meetings of the 2682
board and shall receive no payment during a month in which the 2683
member attends no meeting of the board.2684

       (2) A member may receive no more than thirty thousand dollars 2685
per year to compensate the member for attending meetings of the 2686
board, regardless of the number of meetings held by the board 2687
during a year or the number of meetings in excess of twelve within 2688
a year that the member attends.2689

       (3) Except as provided in division (D)(4) of this section, if 2690
a member serves on the workers' compensation audit committee, 2691
workers' compensation actuarial committee, or the workers' 2692
compensation investment committee, the member shall receive two 2693
thousand five hundred dollars during a month in which the member 2694
attends one or more meetings of the committee on which the member 2695
serves and shall receive no payment during any month in which the 2696
member attends no meeting of that committee.2697

        (4) A member may receive no more than thirty thousand dollars 2698
per year to compensate the member for attending meetings of any of 2699
the committees specified in division (D)(3) of this section, 2700
regardless of the number of meetings held by a committee during a 2701
year or the number of committees on which a member serves.2702

       The chairperson of the board shall set the meeting dates of 2703
the board as necessary to perform the duties of the board under 2704
this chapter and Chapters 4123., 4125., 4127., 4131., and 4167. of 2705
the Revised Code. The board shall meet at least twelve times a 2706
year. The administrator of workers' compensation shall provide 2707
professional and clerical assistance to the board, as the board 2708
considers appropriate.2709

       (E) Before entering upon the duties of office, each appointed 2710
member of the board shall take an oath of office as required by 2711
sections 3.22 and 3.23 of the Revised Code and file in the office 2712
of the secretary of state the bond required under section 4121.127 2713
of the Revised Code.2714

       (F) The board shall:2715

       (1) Establish the overall administrative policy for the 2716
bureau for the purposes of this chapter and Chapters 4123., 4125., 2717
4127., 4131., and 4167. of the Revised Code;2718

       (2) Review progress of the bureau in meeting its cost and 2719
quality objectives and in complying with this chapter and Chapters 2720
4123., 4125., 4127., 4131., and 4167. of the Revised Code;2721

        (3) Submit an annual report to the president of the senate, 2722
the speaker of the house of representatives, and the governor, and 2723
the workers' compensation council and include all of the following 2724
in that report:2725

       (a) An evaluation of the cost and quality objectives of the 2726
bureau;2727

       (b) A statement of the net assets available for the provision 2728
of compensation and benefits under this chapter and Chapters 2729
4123., 4127., and 4131. of the Revised Code as of the last day of 2730
the fiscal year;2731

       (c) A statement of any changes that occurred in the net 2732
assets available, including employer premiums and net investment 2733
income, for the provision of compensation and benefits and payment 2734
of administrative expenses, between the first and last day of the 2735
fiscal year immediately preceding the date of the report;2736

       (d) The following information for each of the six consecutive 2737
fiscal years occurring previous to the report:2738

       (i) A schedule of the net assets available for compensation 2739
and benefits;2740

       (ii) The annual cost of the payment of compensation and 2741
benefits;2742

       (iii) Annual administrative expenses incurred;2743

       (iv) Annual employer premiums allocated for the provision of 2744
compensation and benefits.2745

       (e) A description of any significant changes that occurred 2746
during the six years for which the board provided the information 2747
required under division (F)(3)(d) of this section that affect the 2748
ability of the board to compare that information from year to 2749
year.2750

       (4) Review all independent financial audits of the bureau. 2751
The administrator shall provide access to records of the bureau to 2752
facilitate the review required under this division.2753

       (5) Study issues as requested by the administrator or the 2754
governor;2755

       (6) Contract with all of the following:2756

       (a) An independent actuarial firm to assist the board in 2757
making recommendations to the administrator regarding premium 2758
rates;2759

       (b) An outside investment counsel to assist the workers' 2760
compensation investment committee in fulfilling its duties;2761

       (c) An independent fiduciary counsel to assist the board in 2762
the performance of its duties.2763

        (7) Approve the investment policy developed by the workers' 2764
compensation investment committee pursuant to section 4121.129 of 2765
the Revised Code if the policy satisfies the requirements 2766
specified in section 4123.442 of the Revised Code.2767

       (8) Review and publish the investment policy no less than 2768
annually and make copies available to interested parties.2769

       (9) Prohibit, on a prospective basis, any specific investment 2770
it finds to be contrary to the investment policy approved by the 2771
board.2772

        (10) Vote to open each investment class and allow the 2773
administrator to invest in an investment class only if the board, 2774
by a majority vote, opens that class;2775

       (11) After opening a class but prior to the administrator 2776
investing in that class, adopt rules establishing due diligence 2777
standards for employees of the bureau to follow when investing in 2778
that class and establish policies and procedures to review and 2779
monitor the performance and value of each investment class;2780

       (12) Submit a report annually on the performance and value of 2781
each investment class to the governor, the president and minority 2782
leader of the senate, and the speaker and minority leader of the 2783
house of representatives, and the workers' compensation council.2784

       (13) Advise and consent on all of the following:2785

       (a) Administrative rules the administrator submits to it 2786
pursuant to division (B)(5) of section 4121.121 of the Revised 2787
Code for the classification of occupations or industries, for 2788
premium rates and contributions, for the amount to be credited to 2789
the surplus fund, for rules and systems of rating, rate revisions, 2790
and merit rating;2791

       (b) The duties and authority conferred upon the administrator 2792
pursuant to section 4121.37 of the Revised Code;2793

       (c) Rules the administrator adopts for the health partnership 2794
program and the qualified health plan system, as provided in 2795
sections 4121.44, 4121.441, and 4121.442 of the Revised Code;2796

       (d) Rules the administrator submits to it pursuant to Chapter 2797
4167. of the Revised Code regarding the public employment risk 2798
reduction program and the protection of public health care workers 2799
from exposure incidents.2800

        As used in this division, "public health care worker" and 2801
"exposure incident" have the same meanings as in section 4167.25 2802
of the Revised Code.2803

       (14) Perform all duties required under this chapter and 2804
Chapters 4123., 4125., 4127., 4131., and 4167. of the Revised 2805
Code;2806

       (15) Meet with the governor on an annual basis to discuss the 2807
administrator's performance of the duties specified in this 2808
chapter and Chapters 4123., 4125., 4127., 4131., and 4167. of the 2809
Revised Code;2810

       (16) Develop and participate in a bureau of workers' 2811
compensation board of directors education program that consists of 2812
all of the following:2813

       (a) An orientation component for newly appointed members;2814

       (b) A continuing education component for board members who 2815
have served for at least one year;2816

       (c) A curriculum that includes education about each of the 2817
following topics:2818

       (i) Board member duties and responsibilities;2819

       (ii) Compensation and benefits paid pursuant to this chapter 2820
and Chapters 4123., 4127., and 4131. of the Revised Code;2821

       (iii) Ethics;2822

       (iv) Governance processes and procedures;2823

       (v) Actuarial soundness;2824

       (vi) Investments;2825

       (vii) Any other subject matter the board believes is 2826
reasonably related to the duties of a board member.2827

       (17) Submit the program developed pursuant to division 2828
(F)(16) of this section to the workers' compensation council for 2829
approval;2830

       (18) Hold all sessions, classes, and other events for the 2831
program developed pursuant to division (F)(16) of this section in 2832
this state.2833

       (G) The board may do both of the following:2834

       (1) Vote to close any investment class;2835

       (2) Create any committees in addition to the workers' 2836
compensation audit committee, the workers' compensation actuarial 2837
committee, and the workers' compensation investment committee that 2838
the board determines are necessary to assist the board in 2839
performing its duties.2840

       (H) The office of a member of the board who is convicted of 2841
or pleads guilty to a felony, a theft offense as defined in 2842
section 2913.01 of the Revised Code, or a violation of section 2843
102.02, 102.03, 102.04, 2921.02, 2921.11, 2921.13, 2921.31, 2844
2921.41, 2921.42, 2921.43, or 2921.44 of the Revised Code shall be 2845
deemed vacant. The vacancy shall be filled in the same manner as 2846
the original appointment. A person who has pleaded guilty to or 2847
been convicted of an offense of that nature is ineligible to be a 2848
member of the board. A member who receives a bill of indictment 2849
for any of the offenses specified in this section shall be 2850
automatically suspended from the board pending resolution of the 2851
criminal matter.2852

       (I) For the purposes of division (G)(1) of section 121.22 of 2853
the Revised Code, the meeting between the governor and the board 2854
to review the administrator's performance as required under 2855
division (F)(15) of this section shall be considered a meeting 2856
regarding the employment of the administrator.2857

       Sec. 4121.121.  (A) There is hereby created the bureau of 2858
workers' compensation, which shall be administered by the 2859
administrator of workers' compensation. A person appointed to the 2860
position of administrator shall possess significant management 2861
experience in effectively managing an organization or 2862
organizations of substantial size and complexity. A person 2863
appointed to the position of administrator also shall possess a 2864
minimum of five years of experience in the field of workers' 2865
compensation insurance or in another insurance industry, except as 2866
otherwise provided when the conditions specified in division (C) 2867
of this section are satisfied. The governor shall appoint the 2868
administrator as provided in section 121.03 of the Revised Code, 2869
and the administrator shall serve at the pleasure of the governor. 2870
The governor shall fix the administrator's salary on the basis of 2871
the administrator's experience and the administrator's 2872
responsibilities and duties under this chapter and Chapters 4123., 2873
4125., 4127., 4131., and 4167. of the Revised Code. The governor 2874
shall not appoint to the position of administrator any person who 2875
has, or whose spouse has, given a contribution to the campaign 2876
committee of the governor in an amount greater than one thousand 2877
dollars during the two-year period immediately preceding the date 2878
of the appointment of the administrator.2879

       The administrator shall hold no other public office and shall 2880
devote full time to the duties of administrator. Before entering 2881
upon the duties of the office, the administrator shall take an 2882
oath of office as required by sections 3.22 and 3.23 of the 2883
Revised Code, and shall file in the office of the secretary of 2884
state, a bond signed by the administrator and by surety approved 2885
by the governor, for the sum of fifty thousand dollars payable to 2886
the state, conditioned upon the faithful performance of the 2887
administrator's duties.2888

       (B) The administrator is responsible for the management of 2889
the bureau and for the discharge of all administrative duties 2890
imposed upon the administrator in this chapter and Chapters 4123., 2891
4125., 4127., 4131., and 4167. of the Revised Code, and in the 2892
discharge thereof shall do all of the following:2893

       (1) Perform all acts and exercise all authorities and powers, 2894
discretionary and otherwise that are required of or vested in the 2895
bureau or any of its employees in this chapter and Chapters 4123., 2896
4125., 4127., 4131., and 4167. of the Revised Code, except the 2897
acts and the exercise of authority and power that is required of 2898
and vested in the bureau of workers' compensation board of 2899
directors or the industrial commission pursuant to those chapters. 2900
The treasurer of state shall honor all warrants signed by the 2901
administrator, or by one or more of the administrator's employees, 2902
authorized by the administrator in writing, or bearing the 2903
facsimile signature of the administrator or such employee under 2904
sections 4123.42 and 4123.44 of the Revised Code.2905

       (2) Employ, direct, and supervise all employees required in 2906
connection with the performance of the duties assigned to the 2907
bureau by this chapter and Chapters 4123., 4125., 4127., 4131., 2908
and 4167. of the Revised Code, including an actuary, and may 2909
establish job classification plans and compensation for all 2910
employees of the bureau provided that this grant of authority 2911
shall not be construed as affecting any employee for whom the 2912
state employment relations board has established an appropriate 2913
bargaining unit under section 4117.06 of the Revised Code. All 2914
positions of employment in the bureau are in the classified civil 2915
service except those employees the administrator may appoint to 2916
serve at the administrator's pleasure in the unclassified civil 2917
service pursuant to section 124.11 of the Revised Code. The 2918
administrator shall fix the salaries of employees the 2919
administrator appoints to serve at the administrator's pleasure, 2920
including the chief operating officer, staff physicians, and other 2921
senior management personnel of the bureau and shall establish the 2922
compensation of staff attorneys of the bureau's legal section and 2923
their immediate supervisors, and take whatever steps are necessary 2924
to provide adequate compensation for other staff attorneys.2925

       The administrator may appoint a person who holds a certified 2926
position in the classified service within the bureau to a position 2927
in the unclassified service within the bureau. A person appointed 2928
pursuant to this division to a position in the unclassified 2929
service shall retain the right to resume the position and status 2930
held by the person in the classified service immediately prior to 2931
the person's appointment in the unclassified service, regardless 2932
of the number of positions the person held in the unclassified 2933
service. An employee's right to resume a position in the 2934
classified service may only be exercised when the administrator 2935
demotes the employee to a pay range lower than the employee's 2936
current pay range or revokes the employee's appointment to the 2937
unclassified service. An employee forfeits the right to resume a 2938
position in the classified service when the employee is removed 2939
from the position in the unclassified service due to incompetence, 2940
inefficiency, dishonesty, drunkenness, immoral conduct, 2941
insubordination, discourteous treatment of the public, neglect of 2942
duty, violation of this chapter or Chapter 124., 4123., 4125., 2943
4127., 4131., or 4167. of the Revised Code, violation of the rules 2944
of the director of administrative services or the administrator, 2945
any other failure of good behavior, any other acts of misfeasance, 2946
malfeasance, or nonfeasance in office, or conviction of a felony. 2947
An employee also forfeits the right to resume a position in the 2948
classified service upon transfer to a different agency.2949

       Reinstatement to a position in the classified service shall 2950
be to a position substantially equal to that position in the 2951
classified service held previously, as certified by the department 2952
of administrative services. If the position the person previously 2953
held in the classified service has been placed in the unclassified 2954
service or is otherwise unavailable, the person shall be appointed 2955
to a position in the classified service within the bureau that the 2956
director of administrative services certifies is comparable in 2957
compensation to the position the person previously held in the 2958
classified service. Service in the position in the unclassified 2959
service shall be counted as service in the position in the 2960
classified service held by the person immediately prior to the 2961
person's appointment in the unclassified service. When a person is 2962
reinstated to a position in the classified service as provided in 2963
this division, the person is entitled to all rights, status, and 2964
benefits accruing to the position during the person's time of 2965
service in the position in the unclassified service.2966

       (3) Reorganize the work of the bureau, its sections, 2967
departments, and offices to the extent necessary to achieve the 2968
most efficient performance of its functions and to that end may 2969
establish, change, or abolish positions and assign and reassign 2970
duties and responsibilities of every employee of the bureau. All 2971
persons employed by the commission in positions that, after 2972
November 3, 1989, are supervised and directed by the administrator 2973
under this section are transferred to the bureau in their 2974
respective classifications but subject to reassignment and 2975
reclassification of position and compensation as the administrator 2976
determines to be in the interest of efficient administration. The 2977
civil service status of any person employed by the commission is 2978
not affected by this section. Personnel employed by the bureau or 2979
the commission who are subject to Chapter 4117. of the Revised 2980
Code shall retain all of their rights and benefits conferred 2981
pursuant to that chapter as it presently exists or is hereafter 2982
amended and nothing in this chapter or Chapter 4123. of the 2983
Revised Code shall be construed as eliminating or interfering with 2984
Chapter 4117. of the Revised Code or the rights and benefits 2985
conferred under that chapter to public employees or to any 2986
bargaining unit.2987

       (4) Provide offices, equipment, supplies, and other 2988
facilities for the bureau.2989

       (5) Prepare and submit to the board information the 2990
administrator considers pertinent or the board requires, together 2991
with the administrator's recommendations, in the form of 2992
administrative rules, for the advice and consent of the board, for 2993
classifications of occupations or industries, for premium rates 2994
and contributions, for the amount to be credited to the surplus 2995
fund, for rules and systems of rating, rate revisions, and merit 2996
rating. The administrator shall obtain, prepare, and submit any 2997
other information the board requires for the prompt and efficient 2998
discharge of its duties.2999

       (6) Keep the accounts required by division (A) of section 3000
4123.34 of the Revised Code and all other accounts and records 3001
necessary to the collection, administration, and distribution of 3002
the workers' compensation funds and shall obtain the statistical 3003
and other information required by section 4123.19 of the Revised 3004
Code.3005

       (7) Exercise the investment powers vested in the 3006
administrator by section 4123.44 of the Revised Code in accordance 3007
with the investment policy approved by the board pursuant to 3008
section 4121.12 of the Revised Code and in consultation with the 3009
chief investment officer of the bureau of workers' compensation. 3010
The administrator shall not engage in any prohibited investment 3011
activity specified by the board pursuant to division (F)(9) of 3012
section 4121.12 of the Revised Code and shall not invest in any 3013
type of investment specified in divisions (B)(1) to (10) of 3014
section 4123.442 of the Revised Code. All business shall be 3015
transacted, all funds invested, all warrants for money drawn and 3016
payments made, and all cash and securities and other property 3017
held, in the name of the bureau, or in the name of its nominee, 3018
provided that nominees are authorized by the administrator solely 3019
for the purpose of facilitating the transfer of securities, and 3020
restricted to the administrator and designated employees.3021

       (8) Make contracts for and supervise the construction of any 3022
project or improvement or the construction or repair of buildings 3023
under the control of the bureau.3024

       (9) Purchase supplies, materials, equipment, and services; 3025
make contracts for, operate, and superintend the telephone, other 3026
telecommunication, and computer services for the use of the 3027
bureau; and make contracts in connection with office reproduction, 3028
forms management, printing, and other services. Notwithstanding 3029
sections 125.12 to 125.14 of the Revised Code, the administrator 3030
may transfer surplus computers and computer equipment directly to 3031
an accredited public school within the state. The computers and 3032
computer equipment may be repaired or refurbished prior to the 3033
transfer.3034

       (10) Prepare and submit to the board an annual budget for 3035
internal operating purposes for the board's approval. The 3036
administrator also shall, separately from the budget the 3037
industrial commission submits and from the budget the director of 3038
the workers' compensation council submits, prepare and submit to 3039
the director of budget and management a budget for each biennium. 3040
The budgets submitted to the board and the director shall include 3041
estimates of the costs and necessary expenditures of the bureau in 3042
the discharge of any duty imposed by law.3043

       (11) As promptly as possible in the course of efficient 3044
administration, decentralize and relocate such of the personnel 3045
and activities of the bureau as is appropriate to the end that the 3046
receipt, investigation, determination, and payment of claims may 3047
be undertaken at or near the place of injury or the residence of 3048
the claimant and for that purpose establish regional offices, in 3049
such places as the administrator considers proper, capable of 3050
discharging as many of the functions of the bureau as is 3051
practicable so as to promote prompt and efficient administration 3052
in the processing of claims. All active and inactive lost-time 3053
claims files shall be held at the service office responsible for 3054
the claim. A claimant, at the claimant's request, shall be 3055
provided with information by telephone as to the location of the 3056
file pertaining to the claimant's claim. The administrator shall 3057
ensure that all service office employees report directly to the 3058
director for their service office.3059

       (12) Provide a written binder on new coverage where the 3060
administrator considers it to be in the best interest of the risk. 3061
The administrator, or any other person authorized by the 3062
administrator, shall grant the binder upon submission of a request 3063
for coverage by the employer. A binder is effective for a period 3064
of thirty days from date of issuance and is nonrenewable. Payroll 3065
reports and premium charges shall coincide with the effective date 3066
of the binder.3067

       (13) Set standards for the reasonable and maximum handling 3068
time of claims payment functions, ensure, by rules, the impartial 3069
and prompt treatment of all claims and employer risk accounts, and 3070
establish a secure, accurate method of time stamping all incoming 3071
mail and documents hand delivered to bureau employees.3072

       (14) Ensure that all employees of the bureau follow the 3073
orders and rules of the commission as such orders and rules relate 3074
to the commission's overall adjudicatory policy-making and 3075
management duties under this chapter and Chapters 4123., 4127., 3076
and 4131. of the Revised Code.3077

       (15) Manage and operate a data processing system with a 3078
common data base for the use of both the bureau and the commission 3079
and, in consultation with the commission, using electronic data 3080
processing equipment, shall develop a claims tracking system that 3081
is sufficient to monitor the status of a claim at any time and 3082
that lists appeals that have been filed and orders or 3083
determinations that have been issued pursuant to section 4123.511 3084
or 4123.512 of the Revised Code, including the dates of such 3085
filings and issuances.3086

       (16) Establish and maintain a medical section within the 3087
bureau. The medical section shall do all of the following:3088

       (a) Assist the administrator in establishing standard medical 3089
fees, approving medical procedures, and determining eligibility 3090
and reasonableness of the compensation payments for medical, 3091
hospital, and nursing services, and in establishing guidelines for 3092
payment policies which recognize usual, customary, and reasonable 3093
methods of payment for covered services;3094

       (b) Provide a resource to respond to questions from claims 3095
examiners for employees of the bureau;3096

       (c) Audit fee bill payments;3097

       (d) Implement a program to utilize, to the maximum extent 3098
possible, electronic data processing equipment for storage of 3099
information to facilitate authorizations of compensation payments 3100
for medical, hospital, drug, and nursing services;3101

       (e) Perform other duties assigned to it by the administrator.3102

       (17) Appoint, as the administrator determines necessary, 3103
panels to review and advise the administrator on disputes arising 3104
over a determination that a health care service or supply provided 3105
to a claimant is not covered under this chapter or Chapter 4123., 3106
4127., or 4131. of the Revised Code or is medically unnecessary. 3107
If an individual health care provider is involved in the dispute, 3108
the panel shall consist of individuals licensed pursuant to the 3109
same section of the Revised Code as such health care provider.3110

       (18) Pursuant to section 4123.65 of the Revised Code, approve 3111
applications for the final settlement of claims for compensation 3112
or benefits under this chapter and Chapters 4123., 4127., and 3113
4131. of the Revised Code as the administrator determines 3114
appropriate, except in regard to the applications of self-insuring 3115
employers and their employees.3116

       (19) Comply with section 3517.13 of the Revised Code, and 3117
except in regard to contracts entered into pursuant to the 3118
authority contained in section 4121.44 of the Revised Code, comply 3119
with the competitive bidding procedures set forth in the Revised 3120
Code for all contracts into which the administrator enters 3121
provided that those contracts fall within the type of contracts 3122
and dollar amounts specified in the Revised Code for competitive 3123
bidding and further provided that those contracts are not 3124
otherwise specifically exempt from the competitive bidding 3125
procedures contained in the Revised Code.3126

       (20) Adopt, with the advice and consent of the board, rules 3127
for the operation of the bureau.3128

       (21) Prepare and submit to the board information the 3129
administrator considers pertinent or the board requires, together 3130
with the administrator's recommendations, in the form of 3131
administrative rules, for the advice and consent of the board, for 3132
the health partnership program and the qualified health plan 3133
system, as provided in sections 4121.44, 4121.441, and 4121.442 of 3134
the Revised Code.3135

       (C) The administrator, with the advice and consent of the 3136
senate, shall appoint a chief operating officer who has a minimum 3137
of five years of experience in the field of workers' compensation 3138
insurance or in another similar insurance industry if the 3139
administrator does not possess such experience. The chief 3140
operating officer shall not commence the chief operating officer's 3141
duties until after the senate consents to the chief operating 3142
officer's appointment. The chief operating officer shall serve in 3143
the unclassified civil service of the state.3144

       Sec. 4121.125.  (A) The bureau of workers' compensation board 3145
of directors, based upon recommendations of the workers' 3146
compensation actuarial committee, may contract with one or more 3147
outside actuarial firms and other professional persons, as the 3148
board determines necessary, to assist the board in measuring the 3149
performance of Ohio's workers' compensation system and in 3150
comparing Ohio's workers' compensation system to other state and 3151
private workers' compensation systems. The board, actuarial firm 3152
or firms, and professional persons shall make such measurements 3153
and comparisons using accepted insurance industry standards, 3154
including, but not limited to, standards promulgated by the 3155
National Council on Compensation Insurance.3156

       (B) The board may contract with one or more outside firms to 3157
conduct management and financial audits of the workers' 3158
compensation system, including audits of the reserve fund 3159
belonging to the state insurance fund, and to establish objective 3160
quality management principles and methods by which to review the 3161
performance of the workers' compensation system.3162

       (C) The board shall do all of the following:3163

       (1) Contract to have prepared annually by or under the 3164
supervision of an actuary a report that meets the requirements 3165
specified under division (E) of this section and that consists of 3166
an actuarial valuation of the assets, liabilities, and funding 3167
requirements of the state insurance fund and all other funds 3168
specified in this chapter and Chapters 4123., 4127., and 4131. of 3169
the Revised Code;3170

       (2) Require that the actuary or person supervised by an 3171
actuary referred to in division (C)(1) of this section complete 3172
the valuation in accordance with the actuarial standards of 3173
practice promulgated by the actuarial standards board of the 3174
American academy of actuaries;3175

       (3) Submit the report referred to in division (C)(1) of this 3176
section to the workers' compensation council and the standing 3177
committees of the house of representatives and the senate with 3178
primary responsibility for workers' compensation legislation on or 3179
before the first day of November following the year for which the 3180
valuation was made;3181

       (4) Have an actuary or a person who provides actuarial 3182
services under the supervision of an actuary, at such time as the 3183
board determines, and at least once during the five-year period 3184
that commences on September 10, 2007, and once within each 3185
five-year period thereafter, conduct an actuarial investigation of 3186
the experience of employers, the mortality, service, and injury 3187
rate of employees, and the payment of temporary total disability, 3188
permanent partial disability, and permanent total disability under 3189
sections 4123.56 to 4123.58 of the Revised Code to update the 3190
actuarial assumptions used in the report required by division 3191
(C)(1) of this section;3192

       (5) Submit the report required under division (F) of this 3193
section to the council and the standing committees of the house of 3194
representatives and the senate with primary responsibility for 3195
workers' compensation legislation not later than the first day of 3196
November following the fifth year of the period that the report 3197
covers;3198

       (6) Have prepared by or under the supervision of an actuary 3199
an actuarial analysis of any introduced legislation expected to 3200
have a measurable financial impact on the workers' compensation 3201
system;3202

       (7) Submit the report required under division (G) of this 3203
section to the legislative service commission,and the standing 3204
committees of the house of representatives and the senate with 3205
primary responsibility for workers' compensation legislation, and 3206
the council not later than sixty days after the date of 3207
introduction of the legislation.3208

       (D) The administrator of workers' compensation and the 3209
industrial commission shall compile information and provide access 3210
to records of the bureau and the industrial commission to the 3211
board to the extent necessary for fulfillment of both of the 3212
following requirements:3213

       (1) Conduct of the measurements and comparisons described in 3214
division (A) of this section;3215

       (2) Conduct of the management and financial audits and 3216
establishment of the principles and methods described in division 3217
(B) of this section.3218

       (E) The firm or person with whom the board contracts pursuant 3219
to division (C)(1) of this section shall prepare a report of the 3220
valuation and submit the report to the board. The firm or person 3221
shall include all of the following information in the report that 3222
is required under division (C)(1) of this section:3223

       (1) A summary of the compensation and benefit provisions 3224
evaluated;3225

       (2) A summary of the census data and financial information 3226
used in the valuation;3227

       (3) A description of the actuarial assumptions, actuarial 3228
cost method, and asset valuation method used in the valuation;3229

       (4) A summary of findings that includes a statement of the 3230
actuarial accrued compensation and benefit liabilities and 3231
unfunded actuarial accrued compensation and benefit liabilities;3232

       (5) A schedule showing the effect of any changes in the 3233
compensation and benefit provisions, actuarial assumptions, or 3234
cost methods since the previous annual actuarial valuation report 3235
was submitted to the board.3236

       (F) The actuary or person whom the board designates to 3237
conduct an actuarial investigation under division (C)(4) of this 3238
section shall prepare a report of the actuarial investigation and 3239
shall submit the report to the board. The actuary or person shall 3240
prepare the report and make any recommended changes in actuarial 3241
assumptions in accordance with the actuarial standards of practice 3242
promulgated by the actuarial standards board of the American 3243
academy of actuaries. The actuary or person shall include all of 3244
the following information in the report:3245

       (1) A summary of relevant decrement and economic assumption 3246
experience;3247

       (2) Recommended changes in actuarial assumptions to be used 3248
in subsequent actuarial valuations required by division (C)(1) of 3249
this section;3250

       (3) A measurement of the financial effect of the recommended 3251
changes in actuarial assumptions.3252

       (G) The actuary or person whom the board designates to 3253
conduct the actuarial analysis under division (C)(6) of this 3254
section shall prepare a report of the actuarial analysis and shall 3255
submit that report to the board. The actuary or person shall 3256
complete the analysis in accordance with the actuarial standards 3257
of practice promulgated by the actuarial standards board of the 3258
American academy of actuaries. The actuary or person shall include 3259
all of the following information in the report:3260

       (1) A summary of the statutory changes being evaluated;3261

       (2) A description of or reference to the actuarial 3262
assumptions and actuarial cost method used in the report;3263

       (3) A description of the participant group or groups included 3264
in the report;3265

       (4) A statement of the financial impact of the legislation, 3266
including the resulting increase, if any, in employer premiums, in 3267
actuarial accrued liabilities, and, if an increase in actuarial 3268
accrued liabilities is predicted, the per cent of premium increase 3269
that would be required to amortize the increase in those 3270
liabilities as a level per cent of employer premiums over a period 3271
not to exceed thirty years.3272

       (5) A statement of whether the employer premiums paid to the 3273
bureau of workers' compensation after the proposed change is 3274
enacted are expected to be sufficient to satisfy the funding 3275
objectives established by the board.3276

       (H) The board may, at any time, request an actuary to make 3277
any studies or actuarial valuations to determine the adequacy of 3278
the premium rates established by the administrator in accordance 3279
with sections 4123.29 and 4123.34 of the Revised Code, and may 3280
adjust those rates as recommended by the actuary.3281

       (I) The board shall have an independent auditor, at least 3282
once every ten years, conduct a fiduciary performance audit of the 3283
investment program of the bureau of workers' compensation. That 3284
audit shall include an audit of the investment policies approved 3285
by the board and investment procedures of the bureau. The board 3286
shall submit a copy of that audit to the auditor of state.3287

       (J) The administrator, with the advice and consent of the 3288
board, shall employ an internal auditor who shall report findings 3289
directly to the board, workers' compensation audit committee, and 3290
administrator, except that the internal auditor shall not report 3291
findings directly to the administrator when those findings involve 3292
malfeasance, misfeasance, or nonfeasance on the part of the 3293
administrator. The board and the workers' compensation audit 3294
committee may request and review internal audits conducted by the 3295
internal auditor.3296

       (K) The administrator shall pay the expenses incurred by the 3297
board to effectively fulfill its duties and exercise its powers 3298
under this section as the administrator pays other operating 3299
expenses of the bureau.3300

       Sec. 4121.128.  The attorney general shall be the legal 3301
adviser of the bureau of workers' compensation board of directors 3302
and the workers' compensation council.3303

       Sec. 4123.341.  The administrative costs of the industrial 3304
commission, the workers' compensation council, the bureau of 3305
workers' compensation board of directors, and the bureau of 3306
workers' compensation shall be those costs and expenses that are 3307
incident to the discharge of the duties and performance of the 3308
activities of the industrial commission, the council, the board, 3309
and the bureau under this chapter and Chapters 4121., 4125., 3310
4127., 4131., and 4167. of the Revised Code, and all such costs 3311
shall be borne by the state and by other employers amenable to 3312
this chapter as follows:3313

       (A) In addition to the contribution required of the state 3314
under sections 4123.39 and 4123.40 of the Revised Code, the state 3315
shall contribute the sum determined to be necessary under section 3316
4123.342 of the Revised Code.3317

       (B) The director of budget and management may allocate the 3318
state's share of contributions in the manner the director finds 3319
most equitably apportions the costs.3320

       (C) The counties and taxing districts therein shall 3321
contribute such sum as may be required under section 4123.342 of 3322
the Revised Code.3323

       (D) The private employers shall contribute the sum required 3324
under section 4123.342 of the Revised Code.3325

       Sec. 4123.342.  (A) The administrator of workers' 3326
compensation shall allocate among counties and taxing districts 3327
therein as a class, the state and its instrumentalities as a 3328
class, private employers who are insured under the private fund as 3329
a class, and self-insuring employers as a class their fair shares 3330
of the administrative costs which are to be borne by such 3331
employers under division (D) of section 4123.341 of the Revised 3332
Code, separately allocating to each class those costs solely 3333
attributable to the activities of the industrial commission, those 3334
costs solely attributable to the activities of the workers' 3335
compensation council, and those costs solely attributable to the 3336
activities of the bureau of workers' compensation board of 3337
directors, and the bureau of workers' compensation in respect of 3338
the class, allocating to any combination of classes those costs 3339
attributable to the activities of the industrial commission, 3340
council, board, or bureau in respect of the classes, and 3341
allocating to all four classes those costs attributable to the 3342
activities of the industrial commission, council, board, and 3343
bureau in respect of all classes. The administrator shall 3344
separately calculate each employer's assessment in the class, 3345
except self-insuring employers, on the basis of the following 3346
three factors: payroll, paid compensation, and paid medical costs 3347
of the employer for those costs solely attributable to the 3348
activities of the board and the bureau. The administrator shall 3349
separately calculate each employer's assessment in the class, 3350
except self-insuring employers, on the basis of the following 3351
three factors: payroll, paid compensation, and paid medical costs 3352
of the employer for those costs solely attributable to the 3353
activities of the industrial commission. The administrator shall 3354
separately calculate each employer's assessment in the class, 3355
except self-insuring employers, on the basis of the following 3356
three factors: payroll, paid compensation, and paid medical costs 3357
of the employer for those costs solely attributable to the 3358
activities of the council. The administrator shall separately 3359
calculate each self-insuring employer's assessment in accordance 3360
with section 4123.35 of the Revised Code for those costs solely 3361
attributable to the activities of the board and the bureau. The 3362
administrator shall separately calculate each self-insuring 3363
employer's assessment in accordance with section 4123.35 of the 3364
Revised Code for those costs solely attributable to the activities 3365
of the industrial commission. The administrator shall separately 3366
calculate each self-insuring employer's assessment in accordance 3367
with section 4123.35 of the Revised Code for those costs solely 3368
attributable to the activities of the council. In a timely manner, 3369
the industrial commission shall provide to the administrator, the 3370
information necessary for the administrator to allocate and 3371
calculate, with the approval of the chairperson of the industrial 3372
commission, for each class of employer as described in this 3373
division, the costs solely attributable to the activities of the 3374
industrial commission. In a timely manner, the director of the 3375
workers' compensation council shall submit to the administrator 3376
the information necessary for the administrator to allocate and 3377
calculate, with the approval of the director, for each class of 3378
employer as described in this division, the costs solely 3379
attributable to the activities of the council.3380

       (B) The administrator shall divide the administrative cost 3381
assessments collected by the administrator into threetwo3382
administrative assessment accounts within the state insurance 3383
fund. One of the administrative assessment accounts shall consist 3384
of the administrative cost assessment collected by the 3385
administrator for the industrial commission. One of the 3386
administrative assessment accounts shall consist of the 3387
administrative cost assessment collected by the administrator for 3388
the council. One of the administrative assessment accounts shall 3389
consist of the administrative cost assessments collected by the 3390
administrator for the bureau and the board. The administrator may 3391
invest the administrative cost assessments in these accounts on 3392
behalf of the bureau, the council, and the industrial commission 3393
as authorized in section 4123.44 of the Revised Code. In a timely 3394
manner, the administrator shall provide to the industrial 3395
commission and the council the information and reports the 3396
commission or council, as applicable, deems necessary for the 3397
commission or the council, as applicable, to monitor the receipts 3398
and the disbursements from the administrative assessment account 3399
for the industrial commission or the administrative assessment 3400
account for the council, as applicable.3401

       (C) The administrator or the administrator's designee shall 3402
transfer moneys as necessary from the administrative assessment 3403
account identified for the bureau and the board to the workers' 3404
compensation fund for the use of the bureau and the board. As 3405
necessary and upon the authorization of the industrial commission, 3406
the administrator or the administrator's designee shall transfer 3407
moneys from the administrative assessment account identified for 3408
the industrial commission to the industrial commission operating 3409
fund created under section 4121.021 of the Revised Code. To the 3410
extent that the moneys collected by the administrator in any 3411
fiscal biennium of the state equal the sum appropriated by the 3412
general assembly for administrative costs of the industrial 3413
commission, board, and bureau for the biennium and the 3414
administrative costs approved by the workers' compensation 3415
council, the moneys shall be paid into the workers' compensation 3416
fund,or the industrial commission operating fund of the state, 3417
the workers' compensation council fund, and the workers' 3418
compensation council remuneration fund, as appropriate, and any 3419
remainder shall be retained in those funds and applied to reduce 3420
the amount collected during the next biennium. 3421

       (D) As necessary and upon authorization of the director of 3422
the council, the administrator or the administrator's designee 3423
shall transfer moneys from the administrative assessment account 3424
identified for the council to the workers' compensation council 3425
fund created in division (C) of section 4121.79 of the Revised 3426
Code.3427

       (E) Sections 4123.41, 4123.35, and 4123.37 of the Revised 3428
Code apply to the collection of assessments from public and 3429
private employers respectively, except that for boards of county 3430
hospital trustees that are self-insuring employers, only those 3431
provisions applicable to the collection of assessments for private 3432
employers apply.3433

       Sec. 4123.35.  (A) Except as provided in this section, every 3434
employer mentioned in division (B)(2) of section 4123.01 of the 3435
Revised Code, and every publicly owned utility shall pay 3436
semiannually in the months of January and July into the state 3437
insurance fund the amount of annual premium the administrator of 3438
workers' compensation fixes for the employment or occupation of 3439
the employer, the amount of which premium to be paid by each 3440
employer to be determined by the classifications, rules, and rates 3441
made and published by the administrator. The employer shall pay 3442
semiannually a further sum of money into the state insurance fund 3443
as may be ascertained to be due from the employer by applying the 3444
rules of the administrator, and a receipt or certificate 3445
certifying that payment has been made, along with a written notice 3446
as is required in section 4123.54 of the Revised Code, shall be 3447
mailed immediately to the employer by the bureau of workers' 3448
compensation. The receipt or certificate is prima-facie evidence 3449
of the payment of the premium, and the proper posting of the 3450
notice constitutes the employer's compliance with the notice 3451
requirement mandated in section 4123.54 of the Revised Code.3452

       The bureau of workers' compensation shall verify with the 3453
secretary of state the existence of all corporations and 3454
organizations making application for workers' compensation 3455
coverage and shall require every such application to include the 3456
employer's federal identification number.3457

       An employer as defined in division (B)(2) of section 4123.01 3458
of the Revised Code who has contracted with a subcontractor is 3459
liable for the unpaid premium due from any subcontractor with 3460
respect to that part of the payroll of the subcontractor that is 3461
for work performed pursuant to the contract with the employer.3462

       Division (A) of this section providing for the payment of 3463
premiums semiannually does not apply to any employer who was a 3464
subscriber to the state insurance fund prior to January 1, 1914, 3465
or who may first become a subscriber to the fund in any month 3466
other than January or July. Instead, the semiannual premiums shall 3467
be paid by those employers from time to time upon the expiration 3468
of the respective periods for which payments into the fund have 3469
been made by them.3470

       The administrator shall adopt rules to permit employers to 3471
make periodic payments of the semiannual premium due under this 3472
division. The rules shall include provisions for the assessment of 3473
interest charges, where appropriate, and for the assessment of 3474
penalties when an employer fails to make timely premium payments. 3475
An employer who timely pays the amounts due under this division is 3476
entitled to all of the benefits and protections of this chapter. 3477
Upon receipt of payment, the bureau immediately shall mail a 3478
receipt or certificate to the employer certifying that payment has 3479
been made, which receipt is prima-facie evidence of payment. 3480
Workers' compensation coverage under this chapter continues 3481
uninterrupted upon timely receipt of payment under this division.3482

       Every public employer, except public employers that are 3483
self-insuring employers under this section, shall comply with 3484
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in 3485
regard to the contribution of moneys to the public insurance fund.3486

       (B) Employers who will abide by the rules of the 3487
administrator and who may be of sufficient financial ability to 3488
render certain the payment of compensation to injured employees or 3489
the dependents of killed employees, and the furnishing of medical, 3490
surgical, nursing, and hospital attention and services and 3491
medicines, and funeral expenses, equal to or greater than is 3492
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64 3493
to 4123.67 of the Revised Code, and who do not desire to insure 3494
the payment thereof or indemnify themselves against loss sustained 3495
by the direct payment thereof, upon a finding of such facts by the 3496
administrator, may be granted the privilege to pay individually 3497
compensation, and furnish medical, surgical, nursing, and hospital 3498
services and attention and funeral expenses directly to injured 3499
employees or the dependents of killed employees, thereby being 3500
granted status as a self-insuring employer. The administrator may 3501
charge employers who apply for the status as a self-insuring 3502
employer a reasonable application fee to cover the bureau's costs 3503
in connection with processing and making a determination with 3504
respect to an application.3505

       All employers granted status as self-insuring employers shall 3506
demonstrate sufficient financial and administrative ability to 3507
assure that all obligations under this section are promptly met. 3508
The administrator shall deny the privilege where the employer is 3509
unable to demonstrate the employer's ability to promptly meet all 3510
the obligations imposed on the employer by this section.3511

       (1) The administrator shall consider, but is not limited to, 3512
the following factors, where applicable, in determining the 3513
employer's ability to meet all of the obligations imposed on the 3514
employer by this section:3515

       (a) The employer employs a minimum of five hundred employees 3516
in this state;3517

       (b) The employer has operated in this state for a minimum of 3518
two years, provided that an employer who has purchased, acquired, 3519
or otherwise succeeded to the operation of a business, or any part 3520
thereof, situated in this state that has operated for at least two 3521
years in this state, also shall qualify;3522

       (c) Where the employer previously contributed to the state 3523
insurance fund or is a successor employer as defined by bureau 3524
rules, the amount of the buyout, as defined by bureau rules;3525

       (d) The sufficiency of the employer's assets located in this 3526
state to insure the employer's solvency in paying compensation 3527
directly;3528

       (e) The financial records, documents, and data, certified by 3529
a certified public accountant, necessary to provide the employer's 3530
full financial disclosure. The records, documents, and data 3531
include, but are not limited to, balance sheets and profit and 3532
loss history for the current year and previous four years.3533

       (f) The employer's organizational plan for the administration 3534
of the workers' compensation law;3535

       (g) The employer's proposed plan to inform employees of the 3536
change from a state fund insurer to a self-insuring employer, the 3537
procedures the employer will follow as a self-insuring employer, 3538
and the employees' rights to compensation and benefits; and3539

       (h) The employer has either an account in a financial 3540
institution in this state, or if the employer maintains an account 3541
with a financial institution outside this state, ensures that 3542
workers' compensation checks are drawn from the same account as 3543
payroll checks or the employer clearly indicates that payment will 3544
be honored by a financial institution in this state.3545

       The administrator may waive the requirements of divisions 3546
(B)(1)(a) and (b) of this section and the requirement of division 3547
(B)(1)(e) of this section that the financial records, documents, 3548
and data be certified by a certified public accountant. The 3549
administrator shall adopt rules establishing the criteria that an 3550
employer shall meet in order for the administrator to waive the 3551
requirement of division (B)(1)(e) of this section. Such rules may 3552
require additional security of that employer pursuant to division 3553
(E) of section 4123.351 of the Revised Code.3554

       The administrator shall not grant the status of self-insuring 3555
employer to the state, except that the administrator may grant the 3556
status of self-insuring employer to a state institution of higher 3557
education, excluding its hospitals, that meets the requirements of 3558
division (B)(2) of this section.3559

       (2) When considering the application of a public employer, 3560
except for a board of county commissioners described in division 3561
(G) of section 4123.01 of the Revised Code, a board of a county 3562
hospital, or a publicly owned utility, the administrator shall 3563
verify that the public employer satisfies all of the following 3564
requirements as the requirements apply to that public employer:3565

       (a) For the two-year period preceding application under this 3566
section, the public employer has maintained an unvoted debt 3567
capacity equal to at least two times the amount of the current 3568
annual premium established by the administrator under this chapter 3569
for that public employer for the year immediately preceding the 3570
year in which the public employer makes application under this 3571
section.3572

       (b) For each of the two fiscal years preceding application 3573
under this section, the unreserved and undesignated year-end fund 3574
balance in the public employer's general fund is equal to at least 3575
five per cent of the public employer's general fund revenues for 3576
the fiscal year computed in accordance with generally accepted 3577
accounting principles.3578

       (c) For the five-year period preceding application under this 3579
section, the public employer, to the extent applicable, has 3580
complied fully with the continuing disclosure requirements 3581
established in rules adopted by the United States securities and 3582
exchange commission under 17 C.F.R. 240.15c 2-12.3583

       (d) For the five-year period preceding application under this 3584
section, the public employer has not had its local government fund 3585
distribution withheld on account of the public employer being 3586
indebted or otherwise obligated to the state.3587

       (e) For the five-year period preceding application under this 3588
section, the public employer has not been under a fiscal watch or 3589
fiscal emergency pursuant to section 118.023, 118.04, or 3316.03 3590
of the Revised Code.3591

       (f) For the public employer's fiscal year preceding 3592
application under this section, the public employer has obtained 3593
an annual financial audit as required under section 117.10 of the 3594
Revised Code, which has been released by the auditor of state 3595
within seven months after the end of the public employer's fiscal 3596
year.3597

       (g) On the date of application, the public employer holds a 3598
debt rating of Aa3 or higher according to Moody's investors 3599
service, inc., or a comparable rating by an independent rating 3600
agency similar to Moody's investors service, inc.3601

       (h) The public employer agrees to generate an annual 3602
accumulating book reserve in its financial statements reflecting 3603
an actuarially generated reserve adequate to pay projected claims 3604
under this chapter for the applicable period of time, as 3605
determined by the administrator.3606

       (i) For a public employer that is a hospital, the public 3607
employer shall submit audited financial statements showing the 3608
hospital's overall liquidity characteristics, and the 3609
administrator shall determine, on an individual basis, whether the 3610
public employer satisfies liquidity standards equivalent to the 3611
liquidity standards of other public employers.3612

       (j) Any additional criteria that the administrator adopts by 3613
rule pursuant to division (E) of this section.3614

       The administrator shall not approve the application of a 3615
public employer, except for a board of county commissioners 3616
described in division (G) of section 4123.01 of the Revised Code, 3617
a board of a county hospital, or publicly owned utility, who does 3618
not satisfy all of the requirements listed in division (B)(2) of 3619
this section.3620

       (C) A board of county commissioners described in division (G) 3621
of section 4123.01 of the Revised Code, as an employer, that will 3622
abide by the rules of the administrator and that may be of 3623
sufficient financial ability to render certain the payment of 3624
compensation to injured employees or the dependents of killed 3625
employees, and the furnishing of medical, surgical, nursing, and 3626
hospital attention and services and medicines, and funeral 3627
expenses, equal to or greater than is provided for in sections 3628
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised 3629
Code, and that does not desire to insure the payment thereof or 3630
indemnify itself against loss sustained by the direct payment 3631
thereof, upon a finding of such facts by the administrator, may be 3632
granted the privilege to pay individually compensation, and 3633
furnish medical, surgical, nursing, and hospital services and 3634
attention and funeral expenses directly to injured employees or 3635
the dependents of killed employees, thereby being granted status 3636
as a self-insuring employer. The administrator may charge a board 3637
of county commissioners described in division (G) of section 3638
4123.01 of the Revised Code that applies for the status as a 3639
self-insuring employer a reasonable application fee to cover the 3640
bureau's costs in connection with processing and making a 3641
determination with respect to an application. All employers 3642
granted such status shall demonstrate sufficient financial and 3643
administrative ability to assure that all obligations under this 3644
section are promptly met. The administrator shall deny the 3645
privilege where the employer is unable to demonstrate the 3646
employer's ability to promptly meet all the obligations imposed on 3647
the employer by this section. The administrator shall consider, 3648
but is not limited to, the following factors, where applicable, in 3649
determining the employer's ability to meet all of the obligations 3650
imposed on the board as an employer by this section:3651

       (1) The board as an employer employs a minimum of five 3652
hundred employees in this state;3653

       (2) The board has operated in this state for a minimum of two 3654
years;3655

       (3) Where the board previously contributed to the state 3656
insurance fund or is a successor employer as defined by bureau 3657
rules, the amount of the buyout, as defined by bureau rules;3658

       (4) The sufficiency of the board's assets located in this 3659
state to insure the board's solvency in paying compensation 3660
directly;3661

       (5) The financial records, documents, and data, certified by 3662
a certified public accountant, necessary to provide the board's 3663
full financial disclosure. The records, documents, and data 3664
include, but are not limited to, balance sheets and profit and 3665
loss history for the current year and previous four years.3666

       (6) The board's organizational plan for the administration of 3667
the workers' compensation law;3668

       (7) The board's proposed plan to inform employees of the 3669
proposed self-insurance, the procedures the board will follow as a 3670
self-insuring employer, and the employees' rights to compensation 3671
and benefits;3672

       (8) The board has either an account in a financial 3673
institution in this state, or if the board maintains an account 3674
with a financial institution outside this state, ensures that 3675
workers' compensation checks are drawn from the same account as 3676
payroll checks or the board clearly indicates that payment will be 3677
honored by a financial institution in this state;3678

       (9) The board shall provide the administrator a surety bond 3679
in an amount equal to one hundred twenty-five per cent of the 3680
projected losses as determined by the administrator.3681

       (D) The administrator shall require a surety bond from all 3682
self-insuring employers, issued pursuant to section 4123.351 of 3683
the Revised Code, that is sufficient to compel, or secure to 3684
injured employees, or to the dependents of employees killed, the 3685
payment of compensation and expenses, which shall in no event be 3686
less than that paid or furnished out of the state insurance fund 3687
in similar cases to injured employees or to dependents of killed 3688
employees whose employers contribute to the fund, except when an 3689
employee of the employer, who has suffered the loss of a hand, 3690
arm, foot, leg, or eye prior to the injury for which compensation 3691
is to be paid, and thereafter suffers the loss of any other of the 3692
members as the result of any injury sustained in the course of and 3693
arising out of the employee's employment, the compensation to be 3694
paid by the self-insuring employer is limited to the disability 3695
suffered in the subsequent injury, additional compensation, if 3696
any, to be paid by the bureau out of the surplus created by 3697
section 4123.34 of the Revised Code.3698

       (E) In addition to the requirements of this section, the 3699
administrator shall make and publish rules governing the manner of 3700
making application and the nature and extent of the proof required 3701
to justify a finding of fact by the administrator as to granting 3702
the status of a self-insuring employer, which rules shall be 3703
general in their application, one of which rules shall provide 3704
that all self-insuring employers shall pay into the state 3705
insurance fund such amounts as are required to be credited to the 3706
surplus fund in division (B) of section 4123.34 of the Revised 3707
Code. The administrator may adopt rules establishing requirements 3708
in addition to the requirements described in division (B)(2) of 3709
this section that a public employer shall meet in order to qualify 3710
for self-insuring status.3711

       Employers shall secure directly from the bureau central 3712
offices application forms upon which the bureau shall stamp a 3713
designating number. Prior to submission of an application, an 3714
employer shall make available to the bureau, and the bureau shall 3715
review, the information described in division (B)(1) of this 3716
section, and public employers shall make available, and the bureau 3717
shall review, the information necessary to verify whether the 3718
public employer meets the requirements listed in division (B)(2) 3719
of this section. An employer shall file the completed application 3720
forms with an application fee, which shall cover the costs of 3721
processing the application, as established by the administrator, 3722
by rule, with the bureau at least ninety days prior to the 3723
effective date of the employer's new status as a self-insuring 3724
employer. The application form is not deemed complete until all 3725
the required information is attached thereto. The bureau shall 3726
only accept applications that contain the required information.3727

       (F) The bureau shall review completed applications within a 3728
reasonable time. If the bureau determines to grant an employer the 3729
status as a self-insuring employer, the bureau shall issue a 3730
statement, containing its findings of fact, that is prepared by 3731
the bureau and signed by the administrator. If the bureau 3732
determines not to grant the status as a self-insuring employer, 3733
the bureau shall notify the employer of the determination and 3734
require the employer to continue to pay its full premium into the 3735
state insurance fund. The administrator also shall adopt rules 3736
establishing a minimum level of performance as a criterion for 3737
granting and maintaining the status as a self-insuring employer 3738
and fixing time limits beyond which failure of the self-insuring 3739
employer to provide for the necessary medical examinations and 3740
evaluations may not delay a decision on a claim.3741

       (G) The administrator shall adopt rules setting forth 3742
procedures for auditing the program of self-insuring employers. 3743
The bureau shall conduct the audit upon a random basis or whenever 3744
the bureau has grounds for believing that a self-insuring employer 3745
is not in full compliance with bureau rules or this chapter.3746

       The administrator shall monitor the programs conducted by 3747
self-insuring employers, to ensure compliance with bureau 3748
requirements and for that purpose, shall develop and issue to 3749
self-insuring employers standardized forms for use by the 3750
self-insuring employer in all aspects of the self-insuring 3751
employers' direct compensation program and for reporting of 3752
information to the bureau.3753

       The bureau shall receive and transmit to the self-insuring 3754
employer all complaints concerning any self-insuring employer. In 3755
the case of a complaint against a self-insuring employer, the 3756
administrator shall handle the complaint through the 3757
self-insurance division of the bureau. The bureau shall maintain a 3758
file by employer of all complaints received that relate to the3759
employer. The bureau shall evaluate each complaint and take 3760
appropriate action.3761

       The administrator shall adopt as a rule a prohibition against 3762
any self-insuring employer from harassing, dismissing, or 3763
otherwise disciplining any employee making a complaint, which rule 3764
shall provide for a financial penalty to be levied by the 3765
administrator payable by the offending self-insuring employer.3766

       (H) For the purpose of making determinations as to whether to 3767
grant status as a self-insuring employer, the administrator may 3768
subscribe to and pay for a credit reporting service that offers 3769
financial and other business information about individual 3770
employers. The costs in connection with the bureau's subscription 3771
or individual reports from the service about an applicant may be 3772
included in the application fee charged employers under this 3773
section.3774

       (I) The administrator, notwithstanding other provisions of 3775
this chapter, may permit a self-insuring employer to resume 3776
payment of premiums to the state insurance fund with appropriate 3777
credit modifications to the employer's basic premium rate as such 3778
rate is determined pursuant to section 4123.29 of the Revised 3779
Code.3780

       (J) On the first day of July of each year, the administrator 3781
shall calculate separately each self-insuring employer's 3782
assessments for the safety and hygiene fund, administrative costs 3783
pursuant to section 4123.342 of the Revised Code, and for the 3784
portion of the surplus fund under division (B) of section 4123.34 3785
of the Revised Code that is not used for handicapped 3786
reimbursement, on the basis of the paid compensation attributable 3787
to the individual self-insuring employer according to the 3788
following calculation:3789

       (1) The total assessment against all self-insuring employers 3790
as a class for each fund and for the administrative costs for the 3791
year that the assessment is being made, as determined by the 3792
administrator, divided by the total amount of paid compensation 3793
for the previous calendar year attributable to all amenable 3794
self-insuring employers;3795

       (2) Multiply the quotient in division (J)(1) of this section 3796
by the total amount of paid compensation for the previous calendar 3797
year that is attributable to the individual self-insuring employer 3798
for whom the assessment is being determined. Each self-insuring 3799
employer shall pay the assessment that results from this 3800
calculation, unless the assessment resulting from this calculation 3801
falls below a minimum assessment, which minimum assessment the 3802
administrator shall determine on the first day of July of each 3803
year with the advice and consent of the bureau of workers' 3804
compensation board of directors, in which event, the self-insuring 3805
employer shall pay the minimum assessment.3806

       In determining the total amount due for the total assessment 3807
against all self-insuring employers as a class for each fund and 3808
the administrative assessment, the administrator shall reduce 3809
proportionately the total for each fund and assessment by the 3810
amount of money in the self-insurance assessment fund as of the 3811
date of the computation of the assessment.3812

       The administrator shall calculate the assessment for the 3813
portion of the surplus fund under division (B) of section 4123.34 3814
of the Revised Code that is used for handicapped reimbursement in 3815
the same manner as set forth in divisions (J)(1) and (2) of this 3816
section except that the administrator shall calculate the total 3817
assessment for this portion of the surplus fund only on the basis 3818
of those self-insuring employers that retain participation in the 3819
handicapped reimbursement program and the individual self-insuring 3820
employer's proportion of paid compensation shall be calculated 3821
only for those self-insuring employers who retain participation in 3822
the handicapped reimbursement program. The administrator, as the 3823
administrator determines appropriate, may determine the total 3824
assessment for the handicapped portion of the surplus fund in 3825
accordance with sound actuarial principles.3826

       The administrator shall calculate the assessment for the 3827
portion of the surplus fund under division (B) of section 4123.34 3828
of the Revised Code that under division (D) of section 4121.66 of 3829
the Revised Code is used for rehabilitation costs in the same 3830
manner as set forth in divisions (J)(1) and (2) of this section, 3831
except that the administrator shall calculate the total assessment 3832
for this portion of the surplus fund only on the basis of those 3833
self-insuring employers who have not made the election to make 3834
payments directly under division (D) of section 4121.66 of the 3835
Revised Code and an individual self-insuring employer's proportion 3836
of paid compensation only for those self-insuring employers who 3837
have not made that election.3838

       The administrator shall calculate the assessment for the 3839
portion of the surplus fund under division (B) of section 4123.34 3840
of the Revised Code that is used for reimbursement to a 3841
self-insuring employer under division (H) of section 4123.512 of 3842
the Revised Code in the same manner as set forth in divisions 3843
(J)(1) and (2) of this section except that the administrator shall 3844
calculate the total assessment for this portion of the surplus 3845
fund only on the basis of those self-insuring employers that 3846
retain participation in reimbursement to the self-insuring 3847
employer under division (H) of section 4123.512 of the Revised 3848
Code and the individual self-insuring employer's proportion of 3849
paid compensation shall be calculated only for those self-insuring 3850
employers who retain participation in reimbursement to the 3851
self-insuring employer under division (H) of section 4123.512 of 3852
the Revised Code.3853

       An employer who no longer is a self-insuring employer in this 3854
state or who no longer is operating in this state, shall continue 3855
to pay assessments for administrative costs and for the portion of 3856
the surplus fund under division (B) of section 4123.34 of the 3857
Revised Code that is not used for handicapped reimbursement, based 3858
upon paid compensation attributable to claims that occurred while 3859
the employer was a self-insuring employer within this state.3860

       (K) The administrator shall deposit any moneys received from 3861
a self-insuring employer for the self-insuring employer's 3862
assessment to pay the costs solely attributable to the workers' 3863
compensation council into the administrative assessment account 3864
described in division (B) of section 4123.342 of the Revised Code 3865
for the administrative cost assessment collected by the 3866
administrator for the council. There is hereby created in the 3867
state treasury the self-insurance assessment fund. All investment 3868
earnings of the fund shall be deposited in the fund. The 3869
administrator shall use the money in the self-insurance assessment 3870
fund only for administrative costs as specified in section 3871
4123.341 of the Revised Code.3872

       (L) Every self-insuring employer shall certify, in affidavit 3873
form subject to the penalty for perjury, to the bureau the amount 3874
of the self-insuring employer's paid compensation for the previous 3875
calendar year. In reporting paid compensation paid for the 3876
previous year, a self-insuring employer shall exclude from the 3877
total amount of paid compensation any reimbursement the 3878
self-insuring employer receives in the previous calendar year from 3879
the surplus fund pursuant to section 4123.512 of the Revised Code 3880
for any paid compensation. The self-insuring employer also shall 3881
exclude from the paid compensation reported any amount recovered 3882
under section 4123.931 of the Revised Code and any amount that is 3883
determined not to have been payable to or on behalf of a claimant 3884
in any final administrative or judicial proceeding. The 3885
self-insuring employer shall exclude such amounts from the paid 3886
compensation reported in the reporting period subsequent to the 3887
date the determination is made. The administrator shall adopt 3888
rules, in accordance with Chapter 119. of the Revised Code, that 3889
provide for all of the following:3890

       (1) Establishing the date by which self-insuring employers 3891
must submit such information and the amount of the assessments 3892
provided for in division (J) of this section for employers who 3893
have been granted self-insuring status within the last calendar 3894
year;3895

       (2) If an employer fails to pay the assessment when due, the 3896
administrator may add a late fee penalty of not more than five 3897
hundred dollars to the assessment plus an additional penalty 3898
amount as follows:3899

       (a) For an assessment from sixty-one to ninety days past due, 3900
the prime interest rate, multiplied by the assessment due;3901

       (b) For an assessment from ninety-one to one hundred twenty 3902
days past due, the prime interest rate plus two per cent, 3903
multiplied by the assessment due;3904

       (c) For an assessment from one hundred twenty-one to one 3905
hundred fifty days past due, the prime interest rate plus four per 3906
cent, multiplied by the assessment due;3907

       (d) For an assessment from one hundred fifty-one to one 3908
hundred eighty days past due, the prime interest rate plus six per 3909
cent, multiplied by the assessment due;3910

       (e) For an assessment from one hundred eighty-one to two 3911
hundred ten days past due, the prime interest rate plus eight per 3912
cent, multiplied by the assessment due;3913

       (f) For each additional thirty-day period or portion thereof 3914
that an assessment remains past due after it has remained past due 3915
for more than two hundred ten days, the prime interest rate plus 3916
eight per cent, multiplied by the assessment due.3917

        (3) An employer may appeal a late fee penalty and penalty 3918
assessment to the administrator.3919

        For purposes of division (L)(2) of this section, "prime 3920
interest rate" means the average bank prime rate, and the 3921
administrator shall determine the prime interest rate in the same 3922
manner as a county auditor determines the average bank prime rate 3923
under section 929.02 of the Revised Code.3924

       The administrator shall include any assessment and penalties 3925
that remain unpaid for previous assessment periods in the 3926
calculation and collection of any assessments due under this 3927
division or division (J) of this section.3928

       (M) As used in this section, "paid compensation" means all 3929
amounts paid by a self-insuring employer for living maintenance 3930
benefits, all amounts for compensation paid pursuant to sections 3931
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and 3932
4123.64 of the Revised Code, all amounts paid as wages in lieu of 3933
such compensation, all amounts paid in lieu of such compensation 3934
under a nonoccupational accident and sickness program fully funded 3935
by the self-insuring employer, and all amounts paid by a 3936
self-insuring employer for a violation of a specific safety 3937
standard pursuant to Section 35 of Article II, Ohio Constitution 3938
and section 4121.47 of the Revised Code.3939

       (N) Should any section of this chapter or Chapter 4121. of 3940
the Revised Code providing for self-insuring employers' 3941
assessments based upon compensation paid be declared 3942
unconstitutional by a final decision of any court, then that 3943
section of the Revised Code declared unconstitutional shall revert 3944
back to the section in existence prior to November 3, 1989, 3945
providing for assessments based upon payroll.3946

       (O) The administrator may grant a self-insuring employer the 3947
privilege to self-insure a construction project entered into by 3948
the self-insuring employer that is scheduled for completion within 3949
six years after the date the project begins, and the total cost of 3950
which is estimated to exceed one hundred million dollars or, for 3951
employers described in division (R) of this section, if the 3952
construction project is estimated to exceed twenty-five million 3953
dollars. The administrator may waive such cost and time criteria 3954
and grant a self-insuring employer the privilege to self-insure a 3955
construction project regardless of the time needed to complete the 3956
construction project and provided that the cost of the3957
construction project is estimated to exceed fifty million dollars. 3958
A self-insuring employer who desires to self-insure a construction 3959
project shall submit to the administrator an application listing 3960
the dates the construction project is scheduled to begin and end, 3961
the estimated cost of the construction project, the contractors 3962
and subcontractors whose employees are to be self-insured by the 3963
self-insuring employer, the provisions of a safety program that is 3964
specifically designed for the construction project, and a 3965
statement as to whether a collective bargaining agreement 3966
governing the rights, duties, and obligations of each of the 3967
parties to the agreement with respect to the construction project 3968
exists between the self-insuring employer and a labor 3969
organization.3970

       A self-insuring employer may apply to self-insure the 3971
employees of either of the following:3972

       (1) All contractors and subcontractors who perform labor or 3973
work or provide materials for the construction project;3974

       (2) All contractors and, at the administrator's discretion, a 3975
substantial number of all the subcontractors who perform labor or 3976
work or provide materials for the construction project.3977

       Upon approval of the application, the administrator shall 3978
mail a certificate granting the privilege to self-insure the 3979
construction project to the self-insuring employer. The 3980
certificate shall contain the name of the self-insuring employer 3981
and the name, address, and telephone number of the self-insuring 3982
employer's representatives who are responsible for administering 3983
workers' compensation claims for the construction project. The 3984
self-insuring employer shall post the certificate in a conspicuous 3985
place at the site of the construction project.3986

       The administrator shall maintain a record of the contractors 3987
and subcontractors whose employees are covered under the 3988
certificate issued to the self-insured employer. A self-insuring 3989
employer immediately shall notify the administrator when any 3990
contractor or subcontractor is added or eliminated from inclusion 3991
under the certificate.3992

       Upon approval of the application, the self-insuring employer 3993
is responsible for the administration and payment of all claims 3994
under this chapter and Chapter 4121. of the Revised Code for the 3995
employees of the contractor and subcontractors covered under the 3996
certificate who receive injuries or are killed in the course of 3997
and arising out of employment on the construction project, or who 3998
contract an occupational disease in the course of employment on 3999
the construction project. For purposes of this chapter and Chapter 4000
4121. of the Revised Code, a claim that is administered and paid 4001
in accordance with this division is considered a claim against the 4002
self-insuring employer listed in the certificate. A contractor or 4003
subcontractor included under the certificate shall report to the 4004
self-insuring employer listed in the certificate, all claims that 4005
arise under this chapter and Chapter 4121. of the Revised Code in 4006
connection with the construction project for which the certificate 4007
is issued.4008

       A self-insuring employer who complies with this division is 4009
entitled to the protections provided under this chapter and 4010
Chapter 4121. of the Revised Code with respect to the employees of 4011
the contractors and subcontractors covered under a certificate 4012
issued under this division for death or injuries that arise out 4013
of, or death, injuries, or occupational diseases that arise in the 4014
course of, those employees' employment on that construction 4015
project, as if the employees were employees of the self-insuring 4016
employer, provided that the self-insuring employer also complies 4017
with this section. No employee of the contractors and 4018
subcontractors covered under a certificate issued under this 4019
division shall be considered the employee of the self-insuring 4020
employer listed in that certificate for any purposes other than 4021
this chapter and Chapter 4121. of the Revised Code. Nothing in 4022
this division gives a self-insuring employer authority to control 4023
the means, manner, or method of employment of the employees of the 4024
contractors and subcontractors covered under a certificate issued 4025
under this division.4026

       The contractors and subcontractors included under a 4027
certificate issued under this division are entitled to the 4028
protections provided under this chapter and Chapter 4121. of the 4029
Revised Code with respect to the contractor's or subcontractor's 4030
employees who are employed on the construction project which is 4031
the subject of the certificate, for death or injuries that arise 4032
out of, or death, injuries, or occupational diseases that arise in 4033
the course of, those employees' employment on that construction 4034
project.4035

       The contractors and subcontractors included under a 4036
certificate issued under this division shall identify in their 4037
payroll records the employees who are considered the employees of 4038
the self-insuring employer listed in that certificate for purposes 4039
of this chapter and Chapter 4121. of the Revised Code, and the 4040
amount that those employees earned for employment on the 4041
construction project that is the subject of that certificate. 4042
Notwithstanding any provision to the contrary under this chapter 4043
and Chapter 4121. of the Revised Code, the administrator shall 4044
exclude the payroll that is reported for employees who are 4045
considered the employees of the self-insuring employer listed in 4046
that certificate, and that the employees earned for employment on 4047
the construction project that is the subject of that certificate, 4048
when determining those contractors' or subcontractors' premiums or 4049
assessments required under this chapter and Chapter 4121. of the 4050
Revised Code. A self-insuring employer issued a certificate under 4051
this division shall include in the amount of paid compensation it 4052
reports pursuant to division (L) of this section, the amount of 4053
paid compensation the self-insuring employer paid pursuant to this 4054
division for the previous calendar year.4055

       Nothing in this division shall be construed as altering the 4056
rights of employees under this chapter and Chapter 4121. of the 4057
Revised Code as those rights existed prior to September 17, 1996. 4058
Nothing in this division shall be construed as altering the rights 4059
devolved under sections 2305.31 and 4123.82 of the Revised Code as 4060
those rights existed prior to September 17, 1996.4061

       As used in this division, "privilege to self-insure a 4062
construction project" means privilege to pay individually 4063
compensation, and to furnish medical, surgical, nursing, and 4064
hospital services and attention and funeral expenses directly to 4065
injured employees or the dependents of killed employees.4066

       (P) A self-insuring employer whose application is granted 4067
under division (O) of this section shall designate a safety 4068
professional to be responsible for the administration and 4069
enforcement of the safety program that is specifically designed 4070
for the construction project that is the subject of the 4071
application.4072

       A self-insuring employer whose application is granted under 4073
division (O) of this section shall employ an ombudsperson for the 4074
construction project that is the subject of the application. The 4075
ombudsperson shall have experience in workers' compensation or the 4076
construction industry, or both. The ombudsperson shall perform all 4077
of the following duties:4078

       (1) Communicate with and provide information to employees who 4079
are injured in the course of, or whose injury arises out of 4080
employment on the construction project, or who contract an 4081
occupational disease in the course of employment on the 4082
construction project;4083

       (2) Investigate the status of a claim upon the request of an 4084
employee to do so;4085

       (3) Provide information to claimants, third party 4086
administrators, employers, and other persons to assist those 4087
persons in protecting their rights under this chapter and Chapter 4088
4121. of the Revised Code.4089

       A self-insuring employer whose application is granted under 4090
division (O) of this section shall post the name of the safety 4091
professional and the ombudsperson and instructions for contacting 4092
the safety professional and the ombudsperson in a conspicuous 4093
place at the site of the construction project.4094

       (Q) The administrator may consider all of the following when 4095
deciding whether to grant a self-insuring employer the privilege 4096
to self-insure a construction project as provided under division 4097
(O) of this section:4098

       (1) Whether the self-insuring employer has an organizational 4099
plan for the administration of the workers' compensation law;4100

       (2) Whether the safety program that is specifically designed 4101
for the construction project provides for the safety of employees 4102
employed on the construction project, is applicable to all 4103
contractors and subcontractors who perform labor or work or 4104
provide materials for the construction project, and has as a 4105
component, a safety training program that complies with standards 4106
adopted pursuant to the "Occupational Safety and Health Act of 4107
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing 4108
management and employee involvement;4109

       (3) Whether granting the privilege to self-insure the 4110
construction project will reduce the costs of the construction 4111
project;4112

       (4) Whether the self-insuring employer has employed an 4113
ombudsperson as required under division (P) of this section;4114

       (5) Whether the self-insuring employer has sufficient surety 4115
to secure the payment of claims for which the self-insuring 4116
employer would be responsible pursuant to the granting of the 4117
privilege to self-insure a construction project under division (O) 4118
of this section.4119

       (R) As used in divisions (O), (P), and (Q), "self-insuring 4120
employer" includes the following employers, whether or not they 4121
have been granted the status of being a self-insuring employer 4122
under division (B) of this section:4123

        (1) A state institution of higher education;4124

        (2) A school district;4125

        (3) A county school financing district;4126

        (4) An educational service center;4127

        (5) A community school established under Chapter 3314. of the 4128
Revised Code;4129

       (6) A municipal power agency as defined in section 3734.058 4130
of the Revised Code.4131

        (S) As used in this section:4132

       (1) "Unvoted debt capacity" means the amount of money that a 4133
public employer may borrow without voter approval of a tax levy;4134

       (2) "State institution of higher education" means the state 4135
universities listed in section 3345.011 of the Revised Code, 4136
community colleges created pursuant to Chapter 3354. of the 4137
Revised Code, university branches created pursuant to Chapter 4138
3355. of the Revised Code, technical colleges created pursuant to 4139
Chapter 3357. of the Revised Code, and state community colleges 4140
created pursuant to Chapter 3358. of the Revised Code.4141

       Sec. 5111.708. (A) The director of job and family services, 4142
after consulting with the medicaid buy-in advisory council, shall 4143
adopt rules in accordance with Chapter 119. of the Revised Code as 4144
necessary to implement the medicaid buy-in for workers with 4145
disabilities program. The rules shall do all of the following:4146

       (1) Specify assets, asset values, and amounts to be 4147
disregarded in determining asset and income eligibility limits for 4148
the program;4149

       (2) Establish meanings for the terms "earned income," "health 4150
insurance," "resources," "spouse," and "unearned income";4151

       (3) Establish additional eligibility requirements for the 4152
program that must be established for the United States secretary 4153
of health and human services to approve the program;4154

       (4) For the purpose of division (B) of section 5111.704 of 4155
the Revised Code, specify an amount to be subtracted from the 4156
difference determined under division (A) of that section.4157

       (B) The director, after consulting with the medicaid buy-in 4158
advisory council, may adopt rules in accordance with Chapter 119. 4159
of the Revised Code to specify amounts to be disregarded from an 4160
individual's earned income, unearned income, or both under 4161
division (C) of section 5111.703 of the Revised Code for the 4162
purpose of determining whether the individual is within the income 4163
eligibility limit for the medicaid buy-in for workers with 4164
disabilities program.4165

       Sec. 5123.032. (A) As used in this section, "developmental 4166
center" means any institution or facility of the department of 4167
developmental disabilities that, on or after January 30, 2004, is 4168
named, designated, or referred to as a developmental center.4169

        (B) Notwithstanding any other provision of law, on and after 4170
January 30, 2004, any closure of a developmental center shall be 4171
subject to, and in accordance with, this section. Notwithstanding 4172
any other provision of law, if the governor announced on or after 4173
January 1, 2003, and prior to January 30, 2004, the intended 4174
closure of a developmental center and if the closure identified in 4175
the announcement has not occurred prior to January 30, 2004, the 4176
closure identified in the announcement shall be subject to the 4177
criteria set forth in this section as if the announcement had been 4178
made on or after January 30, 2004, except for the time at which 4179
the notice to the general assembly must be provided as identified 4180
in division (C) of this section.4181

        (C) Notwithstanding any other provision of law, on and after 4182
January 30, 2004, at least ten days prior to making any official, 4183
public announcement that the governor intends to close one or more 4184
developmental centers, the governor shall notify the general 4185
assembly in writing that the governor intends to close one or more 4186
developmental centers. Notwithstanding any other provision of law, 4187
if the governor announced on or after January 1, 2003, and prior 4188
to January 30, 2004, the intended closure of a developmental 4189
center and if the closure identified in the announcement has not 4190
occurred prior to January 30, 2004, not later than ten days after 4191
January 30, 2004, theThe governor shall notify the general 4192
assembly in writing of the prior announcement and that the 4193
governor intends to close the center identified in the prior 4194
announcement, and the notification to the general assembly shall 4195
constitute, for purposes of this section, the governor's official, 4196
public announcement that the governor intends to close that 4197
center.4198

        The notice required by this division shall identify by name 4199
each developmental center that the governor intends to close or, 4200
if the governor has not determined any specific developmental 4201
center to close, shall state the governor's general intent to 4202
close one or more developmental centers. When the governor 4203
notifies the general assembly as required by this division, the 4204
legislative service commission promptly shall conduct an 4205
independent study of the developmental centers of the department 4206
of developmental disabilities and of the department's operation of 4207
the centers, and the study shall address relevant criteria and 4208
factors, including, but not limited to, all of the following:4209

        (1) The manner in which the closure of developmental centers 4210
in general would affect the safety, health, well-being, and 4211
lifestyle of the centers' residents and their family members and 4212
would affect public safety and, if the governor's notice 4213
identifies by name one or more developmental centers that the 4214
governor intends to close, the manner in which the closure of each 4215
center so identified would affect the safety, health, well-being, 4216
and lifestyle of the center's residents and their family members 4217
and would affect public safety;4218

        (2) The availability of alternate facilities;4219

        (3) The cost effectiveness of the facilities identified for 4220
closure;4221

        (4) A comparison of the cost of residing at a facility 4222
identified for closure and the cost of new living arrangements;4223

        (5) The geographic factors associated with each facility and 4224
its proximity to other similar facilities;4225

        (6) The impact of collective bargaining on facility 4226
operations;4227

        (7) The utilization and maximization of resources;4228

        (8) Continuity of the staff and ability to serve the facility 4229
population;4230

        (9) Continuing costs following closure of a facility;4231

        (10) The impact of the closure on the local economy;4232

        (11) Alternatives and opportunities for consolidation with 4233
other facilities;4234

        (12) How the closing of a facility identified for closure 4235
relates to the department's plans for the future of developmental 4236
centers in this state;4237

       (13) The effect of the closure of developmental centers in 4238
general upon the state's fiscal resources and fiscal status and, 4239
if the governor's notice identifies by name one or more 4240
developmental centers that the governor intends to close, the 4241
effect of the closure of each center so identified upon the 4242
state's fiscal resources and fiscal status.4243

        (D) The legislative service commission shall complete the 4244
study required by division (C) of this section, and prepare a 4245
report that contains its findings, not later than sixty days after 4246
the governor makes the official, public announcement that the 4247
governor intends to close one or more developmental centers as 4248
described in division (C) of this section. The commission shall 4249
provide a copy of the report to each member of the general 4250
assembly who requests a copy of the report.4251

        Not later than the date on which the legislative service 4252
commission is required to complete the report under this division, 4253
the developmental disabilities developmental center closure 4254
commission is hereby created as described in division (E) of this 4255
section. The officials with the duties to appoint members of the 4256
closure commission, as described in division (E) of this section, 4257
shall appoint the specified members of the closure commission, 4258
and, as soon as possible after the appointments, the closure 4259
commission shall meet for the purposes described in that division. 4260
Upon completion of the report and the creation of the closure 4261
commission under this division, the legislative service commission 4262
promptly shall provide a copy of the report to the closure 4263
commission and shall present the report as described in division 4264
(E) of this section.4265

       (E)(1) A developmental disabilities developmental center 4266
closure commission shall be created at the time and in the manner 4267
specified in division (D) of this section. The closure commission 4268
consists of six members. One member shall be the director of 4269
developmental disabilities. One member shall be the director of 4270
health. One member shall be a private executive with expertise in 4271
facility utilization, in economics, or in both facility 4272
utilization and economics, jointly appointed by the speaker of the 4273
house of representatives and the president of the senate. The 4274
member appointed for expertise in facility utilization, economics, 4275
or both may not be a member of the general assembly and may not 4276
have a developmental center identified for closure by the governor 4277
in the county in which the member resides. One member shall be a 4278
member of the board of the Ohio civil service employees' 4279
association, jointly appointed by the speaker of the house of 4280
representatives and the president of the senate. One member shall 4281
be either a family member of a resident of a developmental center 4282
or a representative of a mental retardation and developmental 4283
disabilities advocacy group, jointly appointed by the speaker of 4284
the house of representatives and the president of the senate. The 4285
member appointed who is a family member of a developmental center 4286
resident or a representative of an advocacy group may not be a 4287
member of the general assembly. One member shall be a member of 4288
the law enforcement community, appointed by the governor. The 4289
officials with the duties to appoint members of the closure 4290
commission shall make the appointments, and the closure commission 4291
shall meet, within the time periods specified in division (D) of 4292
this section. The members of the closure commission shall serve 4293
without compensation. At the closure commission's first meeting, 4294
the members shall organize and appoint a chairperson and 4295
vice-chairperson.4296

       The closure commission shall meet as often as is necessary 4297
for the purpose of making the recommendations to the governor that 4298
are described in this division. The closure commission's meetings 4299
shall be open to the public, and the closure commission shall 4300
accept public testimony. The legislative service commission shall 4301
appear before the closure commission and present the report the 4302
legislative service commission prepared under division (D) of this 4303
section. The closure commission shall meet for the purpose of 4304
making recommendations to the governor, which recommendations may 4305
include all of the following:4306

       (a) Whether any developmental center should be closed;4307

       (b) If the recommendation described in division (E)(1)(a) of 4308
this section is that one or more developmental centers should be 4309
closed, which center or centers should be closed;4310

       (c) If the governor's notice described in division (C) of 4311
this section identifies by name one or more developmental centers 4312
that the governor intends to close, whether the center or centers 4313
so identified should be closed.4314

       (2) The developmental disabilities developmental center 4315
closure commission, not later than sixty days after it receives 4316
the report of the legislative service commission under division 4317
(D) of this section, shall prepare a report containing its 4318
recommendations to the governor. The closure commission shall send 4319
a copy of the report to the governor and to each member of the 4320
general assembly who requests a copy of the report. Upon receipt 4321
of the closure commission's report, the governor shall review and 4322
consider the commission's recommendation. The governor shall do 4323
one of the following:4324

       (a) Follow the recommendation of the commission;4325

       (b) Close no developmental center;4326

       (c) Take other action that the governor determines is 4327
necessary for the purpose of expenditure reductions or budget cuts 4328
and state the reasons for the action.4329

        The governor's decision is final. Upon the governor's making 4330
of the decision, the closure commission shall cease to exist. 4331
Another closure commission shall be created under this section 4332
each time the governor subsequently makes an official, public 4333
announcement that the governor intends to close one or more 4334
developmental centers.4335

       Sec. 5123.093.  The citizen's advisory councils established 4336
under section 5123.092 of the Revised Code shall:4337

       (A) Transmit verbal or written information from any person or 4338
organization associated with the institution or within the 4339
community, that an advisory council considers important, to the 4340
joint council on developmental disabilities created by section 4341
101.37 of the Revised Code and the director of developmental 4342
disabilities;4343

       (B) Review the records of all applicants to any unclassified 4344
position at the institution, except for resident physician 4345
positions filled under section 5123.11 of the Revised Code;4346

       (C) Review and evaluate institutional employee training and 4347
continuing education programs;4348

       (D) On or before the thirty-first day of January of each 4349
year, submit a written report to the joint council on 4350
developmental disabilities and the director of developmental 4351
disabilities regarding matters affecting the institution 4352
including, but not limited to, allegations of dehumanizing 4353
practices and violations of individual or legal rights;4354

       (E) Review institutional budgets, programs, services, and 4355
planning;4356

       (F) Develop and maintain relationships within the community 4357
with community mental retardation and developmental disabilities 4358
organizations;4359

       (G) Participate in the formulation of the institution's 4360
objectives, administrative procedures, program philosophy, and 4361
long range goals;4362

       (H) Bring any matter that an advisory council considers 4363
important to the attention of the joint council on developmental 4364
disabilities and the director of developmental disabilities;4365

       (I) Recommend to the director of developmental disabilities 4366
persons for appointment to citizen's advisory councils;4367

       (J) Adopt any rules or procedures necessary to carry out this 4368
section.4369

       The chairperson of the advisory council or the chairperson's 4370
designee shall be notified within twenty-four hours of any alleged 4371
incident of abuse to a resident or staff member by anyone. 4372
Incidents of resident or staff abuse shall include, but not be 4373
limited to, sudden deaths, accidents, suicides, attempted 4374
suicides, injury caused by other persons, alleged criminal acts, 4375
errors in prescribing or administering medication, theft from 4376
clients, fires, epidemic disease, administering unprescribed 4377
drugs, unauthorized use of restraint, withholding of information 4378
concerning alleged abuse, neglect, or any deprivation of rights as 4379
defined in Chapter 5122. or 5123. of the Revised Code.4380

       Section 2. That existing sections 9.90, 101.532, 101.83, 4381
101.84, 101.85, 101.86, 102.02, 109.91, 121.32, 127.14, 173.03, 4382
173.04, 3302.021, 3311.71, 3312.01, 3312.09, 3313.202, 3701.025, 4383
3701.63, 3727.312, 3737.03, 3737.21, 3737.81, 3737.86, 3737.88, 4384
3743.54, 3746.04, 4117.03, 4121.03, 4121.12, 4121.121, 4121.125, 4385
4121.128, 4123.341, 4123.342, 4123.35, 5111.708, 5123.032, and 4386
5123.093 and sections 9.901, 101.37, 121.374, 122.97, 122.971, 4387
122.98, 122.981, 125.833, 184.23, 184.231, 1349.71, 1349.72, 4388
1501.25, 2151.282, 3311.77, 3312.11, 3312.12, 3319.70, 3319.71, 4389
3701.92, 3727.322, 3746.03, 4121.75, 4121.76, 4121.77, 4121.78, 4390
4121.79, 4501.025, 5111.709, 5111.7010, and 5902.15 of the Revised 4391
Code are hereby repealed.4392

       Section 3. That Section 20 of Am. Sub. H.B. 554 of the 127th 4393
General Assembly be amended to read as follows:4394

       Sec. 20. The amendments to section 184.02 that add the cross 4395
references to sections 184.25 and 184.26 and enactments of 4396
sections 184.23, 184.231, 184.24, 184.25, and 184.26 of the 4397
Revised Code are hereby repealed, effective June 30, 2011.4398

       Section 3.02. That existing Section 20 of Am. Sub. H.B. 554 4399
of the 127th General Assembly is hereby repealed.4400

       Section 3.03. The intent of the repeal of sections 184.23 and 4401
184.231 of the Revised Code and the amendment of Section 20 of Am. 4402
Sub. H.B. 554 of the 127th General Assembly is to extinguish 4403
sections 184.23 and 184.231 of the Revised Code on the effective 4404
date of this act.4405

       Section 4. The following agencies are retained under division 4406
(D) of section 101.83 of the Revised Code and expire on December 4407
31, 2016:4408

AGENCY NAME REVISED CODE OR UNCODIFIED SECTION 4409
Academic Distress Commission 3302.10 4410
Advisory Board of Governor's Office of Faith-Based and Community Initiatives 107.12 4411
Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence 3323.33, 3323.34 4412
Advisory Council on Amusement Ride Safety 1711.51, 1711.52 4413
Advisory Council of Directors for Prison Labor 5145.162 4414
Advisory Council for Wild, Scenic, or Recreational River Area(s) 1547.84 4415
Advisory Committee on Livestock Exhibitions 901.71 4416
Agricultural Commodity Marketing Programs Operating Committees 924.07 4417
Agricultural Commodity Marketing Programs Coordinating Committee 924.14 4418
Alternative Energy Advisory Committee 4928.64(D) 4419
AMBER Alert Advisory Committee 5502.521 4420
Apprenticeship Council Chapter 4139. 4421
Armory Board of Control 5911.09, 5911.12 4422
Automated Title Processing Board 4505.09(C)(1) 4423
Backflow Advisory Board 3703.21 4424
Banking Commission 1123.01 4425
Board of Directors of the Great Lakes Protection Fund 1506.22 (6161.04) 4426
Board of Directors of the Medical Liability Underwriting Association Stabilization Fund 3929.631 4427
Board of Directors of the Ohio Appalachian Center for Higher Education 3333.58 4428
Board of Directors of the Ohio Health Reinsurance Program 3924.08 - 3924.11 4429
Board of Governors of the Commercial Insurance Joint Underwriting Association 3930.03 4430
Board of Governors of the Medical Liability Underwriting Association 3929.64 4431
Board of Voting Machines Examiners 3506.05 4432
Budget Planning and Management Commission Section 509.10, H.B. 1, 128th G.A. 4433
Brain Injury Advisory Committee 3304.231 4434
Bureau of Workers' Compensation Board of Directors 4121.12 4435
Capitol Square Review and Advisory Board 105.41 4436
Child Care Advisory Council 5104.08 4437
Child Support Guideline Advisory Council 3119.024 4438
Children's Trust Fund Board 3109.15 - 3109.17 4439
Citizen's Advisory Council 5123.092, 5123.093 4440
Clean Ohio Trail Advisory Board 1519.06 4441
Coastal Resources Advisory Council 1506.12 4442
Commission on African-American Males 4112.12, 4112.13 4443
Commission on Hispanic-Latino Affairs 121.31 4444
Commission on Minority Health 3701.78 4445
Committee on Prescriptive Governance 4723.49 - 4723.492 4446
Commodity Advisory Commission 926.32 4447
Consumer Advisory Committee to the Rehabilitation Services Commission 3304.24 4448
Continuing Education Committee 109.80(B) 4449
Council on Alcohol and Drug Addiction Services 3793.09 4450
Council on Unreclaimed Strip Mined Lands 1513.29 4451
County Sheriff's Standard Car Marking and Uniform Commission 311.25 - 311.27 4452
Credential Review Board 3319.65 4453
Credit Union Council 1733.329 4454
Criminal Sentencing Advisory Committee 181.22 4455
Data Collection and Analysis Group 3727.32 4456
Dentist Loan Repayment Advisory Board 3702.92 4457
Department Advisory Council(s) 107.18, 121.13 4458
Development Financing Advisory Council 122.40, 122.41 4459
Early Childhood Advisory Council 3301.90 4460
Education Commission of the States (Interstate Compact for Education) 3301.48, 3301.49 4461
Education Management Information System Advisory Board 3301.0713 4462
Educator Standards Board 3319.60 4463
Electrical Safety Inspector Advisory Committee 3783.08 4464
Emergency Response Commission 3750.02 4465
Engineering Experiment Station Advisory Committee 3335.27 4466
Environmental Education Council 3745.21 4467
Environmental Protection Agency Advisory Board(s) 121.13, 3704.03, 3745.01 4468
eTech Ohio Commission 3353.02 - 3353.04 4469
Ex-Offender Reentry Coalition 5120.07 4470
Farmland Preservation Advisory Board 901.23 4471
Financial Planning and Supervision Commission(s) for Municipal Corporation, County, or Township 118.05 4472
Financial Planning and Supervision Commission for a school district 3316.05 4473
Forestry Advisory Council 1503.40 4474
Governance Authority for a State University or College 3345.75 4475
Governor's Council on People with Disabilities 3303.41 4476
Governor's Policy Information Working Group Section 313, H.B. 420, 127th G.A. 4477
Governor's Residence Advisory Commission 107.40 4478
Grain Marketing Program Operating Committee 924.20 - 924.30 4479
Great Lakes Commission (Great Lakes Basin Compact) 6161.01 4480
Gubernatorial Transition Committee 107.29, 126.26 4481
Help Me Grow Advisory Council 3701.611 4482
Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council 3701.0210 4483
Harmon Commission 3306.50 4484
Homeland Security Advisory Council 5502.011(E) 4485
Hospital Measures Advisory Council 3727.31 4486
Housing Trust Fund Advisory Committee 174.06 4487
Industrial Commission Nominating Council 4121.04 4488
Industrial Technology and Enterprise Advisory Council 122.29, 122.30 4489
Infant Hearing Screening Subcommittee 3701.507 4490
Infection Control Group 3727.312(D) 4491
Insurance Agent Education Advisory Council 3905.483 4492
Interstate Rail Passenger Advisory Council 4981.35 4493
Joint Select Committee on Volume Cap 133.021 4494
Labor-Management Government Advisory Council 4121.70 4495
Legal Rights Service Commission 5123.60 4496
Legislative Programming Committee of the Ohio Government Telecommunications Service 3353.07 4497
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research 103.51 4498
Maternity and Newborn Advisory Council 3711.20, 3711.21 4499
Medically Handicapped Children's Medical Advisory Council 3701.025 4500
Midwest Interstate Passenger Rail Compact Commission 4981.361 4501
Milk Sanitation Board 917.03 - 917.032 4502
Mine Subsidence Insurance Governing Board 3929.51 4503
Minority Development Financing Advisory Board 122.72, 122.73 4504
Multi-Agency Radio Communications System (MARCS) Steering Committee Section 15.02, H.B. 640, 123rd G.A. 4505
National Museum of Afro-American History and Culture Planning Committee 149.303 4506
New African Immigrants Commission 4112.31, 4112.32 4507
Ohio Accountability Task Force 3302.021(E) 4508
Ohio Advisory Council for the Aging 173.03 4509
Ohio Agriculture License Plate Scholarship Fund Board 901.90 4510
Ohio Arts Council Chapter 3379. 4511
Ohio Business Gateway Steering Committee 5703.57 4512
Ohio Cemetery Dispute Resolution Commission 4767.05, 4767.06 4513
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils 4112.04(B)(4) 4514
Ohio Commercial Market Assistance Plan Executive Committee 3930.02 4515
Ohio Commission on Dispute Resolution and Conflict Management 179.02 - 179.04 4516
Ohio Community Service Council 121.40 - 121.404 4517
Ohio Council for Interstate Adult Offender Supervision 5149.22 4518
Ohio Cultural Facilities Commission Chapter 3383. 4519
Ohio Cystic Fibrosis Legislative Task Force 101.38 4520
Ohio Developmental Disabilities Council 5123.35 4521
Ohio Expositions Commission 991.02 4522
Ohio Family and Children First Cabinet Council 121.37 4523
Ohio Geographically Referenced Information Program Council 125.901, 125.902 4524
Ohio Geology Advisory Council 1501.11 4525
Ohio Grape Industries Committee 924.51 - 924.55 4526
Ohio Historic Site Preservation Advisory Board 149.301 4527
Ohio Historical Society Board of Trustees 149.30 4528
Ohio Judicial Conference 105.91 - 105.97 4529
Ohio Lake Erie Commission 1506.21 4530
Ohio Legislative Commission on the Education and Preservation of State History Section 701.05, H.B. 1, 128th G.A. 4531
Ohio Medical Quality Foundation 3701.89 4532
Ohio Parks and Recreation Council 1541.40 4533
Ohio Peace Officer Training Commission 109.71, 109.72 4534
Ohio Private Investigation and Security Services Commission 4749.021, 4743.01 4535
Ohio Public Defender Commission 120.01 - 120.03 4536
Ohio Public Library Information Network Board of Trustees 3375.65, 3375.66 4537
Ohio Quarter Horse Development Commission 3769.086 4538
Ohio Small Government Capital Improvements Commission 164.02(C)(D) 4539
Ohio Soil and Water Conservation Commission 1515.02 4540
Ohio Standardbred Development Commission 3769.085 4541
Ohio Subrogation Rights Commission 2323.44 4542
Ohio Thoroughbred Racing Advisory Committee 3769.084 4543
Ohio Transportation Finance Commission 5531.12(B) to (D) 4544
Ohio Tuition Trust Authority 3334.03, 3334.08 4545
Ohio University College of Osteopathic Medicine Advisory Committee 3337.10, 3337.11 4546
Ohio Vendors Representative Committee 3304.34, 20 USC 107 4547
Ohio War Orphans Scholarship Board 5910.02 - 5910.06 4548
Ohio Water Advisory Council 1521.031 4549
Ohio Water Resources Council Advisory Group 1521.19 4550
Ohio Water Resources Council 1521.19 4551
Oil and Gas Commission 1509.35 4552
Operating Committee of the Oil and Gas Marketing Program 1510.06, 1510.11 4553
Organized Crime Investigations Commission 177.01 4554
Pharmacy and Therapeutics Committee of the Department of Job and Family Services 5111.084 4555
Physician Assistant Policy Committee of the State Medical Board 4730.05, 4730.06 4556
Physician Loan Repayment Advisory Board 3702.81 4557
Power Siting Board 4906.02 4558
Prequalification Review Board 5525.07 4559
Private Water Systems Advisory Council 3701.346 4560
Public Health Council 3701.33, 3701.34 4561
Public Utilities Commission Nominating Council 4901.021 4562
Public Utility Property Tax Study Committee 5727.85(K) 4563
Radiation Advisory Council 3748.20 4564
Reclamation Commission 1513.05 4565
Reclamation Forfeiture Fund Advisory Board 1513.182 4566
Recreation and Resources Commission 1501.04 4567
Recycling and Litter Prevention Advisory Council 1502.04 4568
School and Ministerial Lands Divestiture Committee 501.041 4569
Savings and Loan Associations and Savings Banks Board 1181.16 4570
School Funding Advisory Council 3306.29 4571
Second Chance Trust Fund Advisory Committee 2108.35 4572
Service Coordination Workgroup Section 751.20, H.B. 1, 128th G.A. 4573
Ski Tramway Board 4169.02 4574
Small Business Stationary Source Technical and Environmental Compliance Assistance Council 3704.19 4575
Solid Waste Management Advisory Council 3734.51 4576
Special Commission to Consider the Suspension of Local Government Officials 3.16 4577
Speed to Scale Task Force Section 375.60.80, H.B. 119, 128th G.A. 4578
State Agency Coordinating Group 1521.19 4579
State Audit Committee 126.46 4580
State Council of Uniform State Laws 105.21 - 105.27 4581
State Criminal Sentencing Commission 181.21 - 181.26 4582
State Fire Council 3737.81 4583
State Library Board 3375.01 4584
State Victims Assistance Advisory Council 109.91(B) and (C) 4585
Statewide Consortium of County Law Library Resource Boards 3375.481 4586
STEM Committee 3326.02 4587
Student Tuition Recovery Authority 3332.081 4588
Sunset Review Committee 101.84 - 101.87 4589
Tax Credit Authority 122.17(M) 4590
Technical Advisory Committee to Assist Director of the Ohio Coal Development Office 1551.35 4591
Technical Advisory Council on Oil and Gas 1509.38 4592
Transportation Review Advisory Council 5512.07 - 5512.09 4593
Unemployment Compensation Advisory Council 4141.08 4594
Unemployment Compensation Review Commission 4141.06 4595
Veterans Advisory Committee 5902.02(K) 4596
Volunteer Fire Fighters' Dependents Fund Boards (private volunteer) 146.02 - 146.06 4597
Volunteer Fire Fighters' Dependents Fund Boards (public) 146.02 - 146.06 4598
Water and Sewer Commission 1525.11(C) 4599
Waterways Safety Council 1547.73 4600
Wildlife Council 1531.03 - 1531.05 4601
Workers' Compensation Board of Directors Nominating Committee 4121.123 4602

       Section 5.  That sections 101.82, 101.83, 101.84, 101.85, 4603
101.86, and 101.87 of the Revised Code are hereby repealed on 4604
December 31, 2016. 4605

       Section 6.01. That Section 513.03 of Am. Sub. H.B. 66 of the 4606
126th General Assembly, as amended by Am. Sub. H.B. 100 of the 4607
126th General Assembly, be amended to read as follows:4608

       Sec. 513.03. (A) Notwithstanding any provision of law to the 4609
contrary and during the period beginning July 1, 2005, and ending 4610
May 1, 2006, or the effective date of H.B. 397 of the 126th 4611
General Assembly, whichever is earlier, the Director of 4612
Environmental Protection or a board of health as defined in 4613
section 3714.01 of the Revised Code shall not issue a license to 4614
open a new construction and demolition debris facility under 4615
Chapter 3714. of the Revised Code and rules adopted under it. 4616
Except as otherwise provided in this division, the moratorium 4617
established by this division applies both with respect to an 4618
application for a license to open a new construction and 4619
demolition debris facility that is submitted on or after the 4620
effective date of this section and to an application for such a 4621
license that has been submitted to the Director or a board of 4622
health prior to the effective date of this section, but concerning 4623
which a license for a facility has not been issued as of that 4624
effective date.4625

       The board of county commissioners of a county may request the 4626
Director or a board of health to continue to process an 4627
application for a license to open a new construction and 4628
demolition debris facility in that county that has been submitted 4629
to the Director or board of health prior to the effective date of 4630
this section. After receiving such a request from a board of 4631
county commissioners, the Director or board of health may then 4632
issue a license for the new construction and demolition debris 4633
facility notwithstanding the moratorium established by this 4634
division.4635

       The moratorium established by this division does not apply to 4636
a license for a new construction and demolition debris facility if 4637
the new facility will be located adjacent or contiguous to a 4638
previously licensed construction and demolition debris facility. 4639
The moratorium also does not apply to an expansion of or other 4640
modification to an existing licensed construction and demolition 4641
debris facility.4642

       (B) The moratorium established by division (A) of this 4643
section does not apply to an application for a license to 4644
establish a construction and demolition debris facility pending 4645
before a board of health or the Director of Environmental 4646
Protection, as applicable, prior to July 1, 2005, and such an 4647
application shall be reviewed and the license shall be issued or 4648
denied in accordance with Chapter 3714. of the Revised Code, if 4649
all of the following apply to the applicant for the license:4650

        (1) The applicant has acquired an interest in the property on 4651
which the facility will be located on or before May 1, 2005.4652

        (2) The applicant has begun a hydrogeologic investigation 4653
pursuant to section 3745-400-09 of the Ohio Administrative Code 4654
prior to submitting the application.4655

        (3) The applicant has begun the engineering plans for the 4656
facility prior to submitting the application.4657

       (4) The application submitted by the applicant would have 4658
been determined to be complete if the moratorium had not been in 4659
effect.4660

        The director shall determine whether this division applies to 4661
an applicant within forty-five days after receiving an applicant's 4662
request for a determination under this division.4663

       (C)(1) There is hereby created the Construction and 4664
Demolition Debris Facility Study Committee composed of the 4665
following thirteen members:4666

       (a) Three members of the House of Representatives appointed 4667
by the Speaker of the House of Representatives;4668

       (b) Three members of the Senate appointed by the President of 4669
the Senate;4670

       (c) The Director of Environmental Protection or the 4671
Director's designee;4672

       (d) One member representing health districts in the state 4673
appointed by the Governor;4674

       (e) Three members representing the construction and 4675
demolition debris industry in the state appointed by the Governor, 4676
one of whom shall be the owner of both a construction and 4677
demolition debris facility and a solid waste disposal facility;4678

       (f) Two members representing environmental consulting 4679
organizations or firms in the state appointed by the Governor.4680

       Appointments shall be made to the Committee not later than 4681
fifteen days after the effective date of this section. Members of 4682
the Committee shall not receive compensation for their service on 4683
the Committee and shall not receive reimbursement for expenses 4684
incurred related to that service.4685

       (2) The Committee shall study the laws of this state 4686
governing construction and demolition debris facilities and the 4687
rules adopted under those laws and shall make recommendations to 4688
the General Assembly regarding changes to those laws including, 4689
but not limited to, recommendations concerning the following 4690
topics:4691

       (a) The establishment of a code of ethics for owners and 4692
operators of construction and demolition debris facilities;4693

       (b) The establishment of best management practices;4694

       (c) Licensing requirements;4695

       (d) Testing and monitoring requirements and protocols;4696

       (e) Siting and setback criteria for construction and 4697
demolition debris facilities;4698

       (f) State and local oversight and regulatory authority;4699

       (g) Fees;4700

       (h) The regulation of construction and demolition debris from 4701
sources inside and outside the state;4702

       (i) The closure process for construction and demolition 4703
debris facilities.4704

       (3) The Committee shall submit a report of its study and any 4705
recommendations that it has developed to the General Assembly not 4706
later than September 30, 2005. The Committee shall cease to exist 4707
on the date on which it submits its report.4708

       The General Assembly shall enact legislation based on the 4709
recommendations of the Committee as soon as is practicable.4710

       Section 6.02. That existing Section 513.03 of Am. Sub. H.B. 4711
66 of the 126th General Assembly, as amended by Am. Sub. H.B. 100 4712
of the 126th General Assembly is hereby repealed.4713

       Section 6.03. That Section 5 of Sub. H.B. 125 of the 127th 4714
General Assembly, as most recently amended by Sub. H.B. 198 of the 4715
128th General Assembly, be amended to read as follows:4716

       Sec. 5. (A) As used in this section and Section 6 of Sub. 4717
H.B. 125 of the 127th General Assembly:4718

       (1) "Most favored nation clause" means a provision in a 4719
health care contract that does any of the following: 4720

       (a) Prohibits, or grants a contracting entity an option to 4721
prohibit, the participating provider from contracting with another 4722
contracting entity to provide health care services at a lower 4723
price than the payment specified in the contract; 4724

       (b) Requires, or grants a contracting entity an option to 4725
require, the participating provider to accept a lower payment in 4726
the event the participating provider agrees to provide health care 4727
services to any other contracting entity at a lower price; 4728

       (c) Requires, or grants a contracting entity an option to 4729
require, termination or renegotiation of the existing health care 4730
contract in the event the participating provider agrees to provide 4731
health care services to any other contracting entity at a lower 4732
price; 4733

       (d) Requires the participating provider to disclose the 4734
participating provider's contractual reimbursement rates with 4735
other contracting entities.4736

       (2) "Contracting entity," "health care contract," "health 4737
care services," "participating provider," and "provider" have the 4738
same meanings as in section 3963.01 of the Revised Code, as 4739
enacted by Sub. H.B. 125 of the 127th General Assembly.4740

       (B) With respect to a contracting entity and a provider other 4741
than a hospital, no health care contract that includes a most 4742
favored nation clause shall be entered into, and no health care 4743
contract at the instance of a contracting entity shall be amended 4744
or renewed to include a most favored nation clause, for a period 4745
of three years after the effective date of Sub. H.B. 125 of the 4746
127th General Assembly. 4747

       (C) With respect to a contracting entity and a hospital, no 4748
health care contract that includes a most favored nation clause 4749
shall be entered into, and no health care contract at the instance 4750
of a contracting entity shall be amended or renewed to include a 4751
most favored nation clause, for a period of three years after the 4752
effective date of Sub. H.B. 125 of the 127th General Assembly, 4753
subject to extension as provided in Section 6 of Sub. H.B. 125 of 4754
the 127th General Assembly.4755

       (D) This section does not apply to and does not prohibit the 4756
continued use of a most favored nation clause in a health care 4757
contract that is between a contracting entity and a hospital and 4758
that is in existence on the effective date of Sub. H.B. 125 of the 4759
127th General Assembly even if the health care contract is 4760
materially amended with respect to any provision of the health 4761
care contract other than the most favored nation clause during the 4762
two-year period specified in this section or during any extended 4763
period of time as provided in Section 6 of Sub. H.B. 125 of the 4764
127th General Assembly.4765

       Section 6.04. That existing Section 5 of Sub. H.B. 125 of the 4766
127th General Assembly, as most recently amended by Sub. H.B. 198 4767
of the 128th General Assembly, is hereby repealed.4768

       Section 7.01. That Section 3 of Sub. H.B. 187 of the 126th 4769
General Assembly be amended to read as follows:4770

       Sec. 3. In addition to its recommendations that are included 4771
in this actSub. H.B. 187 of the 126th General Assembly, the Civil 4772
Service Review Commission that was created by Amended Senate Bill 4773
No. 210 of the 123rd General Assembly recommends, with necessary 4774
changes made by the General Assembly to reflect subsequent 4775
legislative enactments, all of the following: 4776

       (A) Thethat the Department of Administrative Services, in 4777
conjunction with all appropriate stakeholder groups, shall study 4778
the compensation and classification system that applies to 4779
employees paid by warrant of the Director of Budget and Management 4780
and county employees in order to determine how the system could be 4781
simplified. The Department shall report to the General Assembly on 4782
the results of its study not later than six months after the 4783
effective date of this act and at appropriate intervals 4784
thereafter.4785

       (B) An ad hoc committee shall be formed to review, study, and 4786
encourage greater awareness of the use of alternate dispute 4787
resolution procedures, such as mediation, in appeals to the State 4788
Personnel Board of Review and to municipal and civil service 4789
township civil service commissions. The committee shall consist of 4790
representatives of labor organizations, counties, cities, the 4791
State Personnel Board of Review, the State Employment Relations 4792
Board, the Office of Collective Bargaining of the Department of 4793
Administrative Services, the Ohio Commission on Dispute Resolution 4794
and Conflict Management, the American Arbitration Association, and 4795
the Federal Mediation and Conciliation Service. Professors on the 4796
faculty of Ohio law schools, a professional arbitrator with 4797
experience in public sector disputes, and a plaintiff's lawyer 4798
with experience in civil service disputes also should be members 4799
of the committee. The committee shall report its findings and 4800
recommendations to the General Assembly within six months after 4801
the effective date of this act.4802

       Section 7.02. That existing Section 3 of Sub. H.B. 187 of the 4803
126th General Assembly is hereby repealed.4804

       Section 8. That Section 3 of Sub. H.B. 495 of the 128th 4805
General Assembly and Section 6 of Am. Sub. H.B. 516 of the 125th 4806
General Assembly are repealed. 4807

       This repeal prevents the repeal of sections 101.82, 101.83, 4808
101.84, 101.85, 101.86, and 101.87 of the Revised Code that was to 4809
have been effective on December 31, 2010, and that was postponed 4810
until July 1, 2011. These repeals remove all limitations upon the 4811
continued existence of sections 101.82, 101.83, 101.84, 101.85, 4812
101.86, and 101.87 of the Revised Code. The rule of construction 4813
that the repeal of a repealing act does not revive the statute 4814
repealed, which is reflected in section 1.57 of the Revised Code, 4815
does not affect the intent of this section.4816

       Section 9. The following Sections are repealed:4817

       Sections 209.40, 309.40.70, and 709.10 of Am. Sub. H.B. 1 of 4818
the 128th General Assembly4819

       Sections 755.80 and 756.40 of Am. Sub. H.B. 2 of the 128th 4820
General Assembly4821

       Section 3 of Sub. H.B. 7 of the 127th General Assembly4822

       Section 555.17 of Am. Sub. H.B. 67 of the 127th General 4823
Assembly4824

       Sections 263.30.30, 337.20.20, 377.20, and 737.11 of Am. Sub. 4825
H.B. 119 of the 127th General Assembly4826

       Sections 6 and 7 of Sub. H.B. 125 of the 127th General 4827
Assembly4828

       Section 2 of Sub. H.B. 233 of the 127th General Assembly4829

       Sections 703.30 and 715.50 of Am. Sub. H.B. 562 of the 127th 4830
General Assembly4831

       Section 4 of Am. Sub. S.B. 77 of the 127th General Assembly4832

       Sections 206.10.12, 206.42.12, 206.66.24, 206.66.43, 4833
209.63.58, 503.09, and 503.12 of Am. Sub. H.B. 66 of the 126th 4834
General Assembly4835

        Section 4 of Sub. H.B. 187 of the 126th General Assembly4836

       Section 1 of Sub. H.B. 371 of the 126th General Assembly4837

       Section 235.60.70 of Am. Sub. H.B. 699 of the 126th General 4838
Assembly4839

       Section 3 of Am. Sub. S.B. 167 of the 126th General Assembly4840

       Section 5 of Am. Sub. S.B. 260 of the 126th General Assembly4841

       Section 3 of Sub. S.B. 393 of the 126th General Assembly4842

       Sections 12 and 25 of Am. Sub. H.B. 87 of the 125th General 4843
Assembly4844

       Sections 41.35 and 153 of Am. Sub. H.B. 95 of the 125th 4845
General Assembly4846

       Section 8 of Sub. H.B. 299 of the 125th General Assembly4847

       Section 3 of Am. Sub. S.B. 86 of the 125th General Assembly4848

       Section 3 of Sub. H.B. 230 of the 124th General Assembly4849

       Section 3 of Am. Sub. H.B. 474 of the 124th General Assembly4850

       Section 4 of Am. Sub. S.B. 281 of the 124th General Assembly4851

       Section 3 of Am. H.B. 416 of the 127th General Assembly, as 4852
amended by Am. Sub. S.B. 110 of the 128th General Assembly4853

       Section 701.20 of Am. Sub. H.B. 562 of the 127th General 4854
Assembly, as subsequently amended by Sub. H.B. 393 of the 128th 4855
General Assembly4856

       Section 206.66.53 of Am. Sub. H.B. 66 of the 126th General 4857
Assembly, as amended by S.B. 87 of the 126th General Assembly4858

       Section 6 of Sub. H.B. 336 of the 126th General Assembly, as 4859
amended by Am. Sub. S.B. 155 of the 127th General Assembly4860

       Section 755.03 of Am. Sub. H.B. 530 of the 126th General 4861
Assembly, as amended by Am. Sub. H.B. 67 of the 127th General 4862
Assembly4863

       Section 6 of Am. Sub. S.B. 238 of the 126th General Assembly, 4864
as amended by Am. Sub. H.B. 461 of the 126th General Assembly4865

       Section 152 of Am. Sub. H.B. 95 of the 125th General 4866
Assembly, as amended by Am. Sub. S.B. 2 of the 125th General 4867
Assembly4868

       Section 59.29 of Am. Sub. H.B. 95 of the 125th General 4869
Assembly, as amended by Am. Sub. S.B. 189 of the 125th General 4870
Assembly 4871

       Section 10.  It is in part the intent of the General Assembly 4872
in enacting this act to implement the report of the Sunset Review 4873
Committee that was created by Am. Sub. H.B. 516 of the 125th 4874
General Assembly and the committee that convened under that act 4875
during the 128th General Assembly. That report is implemented in 4876
part as follows: 4877

       (A) By the abolishment in this act, through amendments to 4878
relevant codified sections of law and through outright repeals of 4879
codified or uncodified sections of law, of numerous agencies, as 4880
defined in section 101.82 of the Revised Code, that were subject 4881
to the Committee's jurisdiction;4882

       (B) By the termination, through amendments to relevant 4883
codified sections of law and through outright repeals of codified 4884
or uncodified sections of law, of several agencies, as defined in 4885
section 101.82 of the Revised Code, that were subject to the 4886
Committee's jurisdiction; 4887

       (C) By the transfer, through the amendment of codified or 4888
uncodified sections of law, of several agencies, as defined in 4889
section 101.82 of the Revised Code, that were subject to the 4890
Committee's jurisdiction;4891

       (D) By the renewal, through the amendment or enactment of 4892
codified or uncodified sections of law, of the existence of 4893
numerous agencies, as defined in section 101.82 of the Revised 4894
Code, that were subject to the Committee's jurisdiction.4895

       Section 11. The hospital measures advisory council shall 4896
supersede the group of experts in pediatric medicine and their 4897
members and succeed to and have and perform all the duties, 4898
powers, and obligations pertaining to the duties, powers, and 4899
obligations of the group of experts in pediatric medicine and 4900
their members. All rules, actions, determinations, commitments, 4901
resolutions, decisions, and agreements pertaining to those duties, 4902
powers, obligations, functions, and rights in force or in effect 4903
on the effective date of this section shall continue in force and 4904
effect subject to any further lawful action thereon by the 4905
hospital measures advisory council. Wherever the group of experts 4906
in pediatric medicine are referred to in any provision of law, or 4907
in any agreement or document that pertains to those duties, 4908
powers, obligations, functions, and rights, the reference is to 4909
the hospital measures advisory council.4910

       All authorized obligations and supplements thereto of the 4911
group of experts in pediatric medicine and their members 4912
pertaining to the duties, powers, and obligations transferred are 4913
binding on the hospital measures advisory council, and nothing in 4914
this act impairs the obligations or rights thereunder or under any 4915
contract. The abolition of the group of experts in pediatric 4916
medicine and the transfer of their duties, powers, and obligations 4917
do not affect the validity of agreements or obligations made by 4918
the group of experts in pediatric medicine and their members 4919
pursuant to Chapters 4121., 4123., 4125., 4127., 4131., and 4167. 4920
of the Revised Code or any other provisions of law.4921

       In connection with the transfer of duties, powers, 4922
obligations, functions, and rights and abolition of the group of 4923
experts in pediatric medicine, all real property and interest 4924
therein, documents, books, money, papers, records, machinery, 4925
furnishings, office equipment, furniture, and all other property 4926
over which the group of experts in pediatric medicine have control 4927
pertaining to the duties, powers, and obligations transferred and 4928
the rights of the group of experts in pediatric medicine to 4929
enforce or receive any of the aforesaid is automatically 4930
transferred to the hospital measures advisory council without 4931
necessity for further action on the part of the hospital measures 4932
advisory council. Additionally, all appropriations or 4933
reappropriations made to the group of experts in pediatric 4934
medicine for the purposes of the performance of their duties, 4935
powers, and obligations, are transferred to the hospital measures 4936
advisory council to the extent of the remaining unexpended or 4937
unencumbered balance thereof, whether allocated or unallocated, 4938
and whether obligated or unobligated.4939

       Section 12. The commission on Hispanic-Latino affairs shall 4940
supersede the interagency council on Hispanic-Latino affairs and 4941
its members and succeed to and have and perform all the duties, 4942
powers, and obligations pertaining to the duties, powers, and 4943
obligations of the interagency council on Hispanic-Latino affairs 4944
and its members. All rules, actions, determinations, commitments, 4945
resolutions, decisions, and agreements pertaining to those duties, 4946
powers, obligations, functions, and rights in force or in effect 4947
on the effective date of this section shall continue in force and 4948
effect subject to any further lawful action thereon by the 4949
commission on Hispanic-Latino affairs. Wherever the interagency 4950
council on Hispanic-Latino affairs is referred to in any provision 4951
of law, or in any agreement or document that pertains to those 4952
duties, powers, obligations, functions, and rights, the reference 4953
is to the commission on Hispanic-Latino affairs.4954

       All authorized obligations and supplements thereto of the 4955
interagency council on Hispanic-Latino affairs and its members 4956
pertaining to the duties, powers, and obligations transferred are 4957
binding on the commission on Hispanic-Latino affairs, and nothing 4958
in this act impairs the obligations or rights thereunder or under 4959
any contract. The abolition of the interagency council on 4960
Hispanic-Latino affairs and the transfer of their duties, powers, 4961
and obligations do not affect the validity of agreements or 4962
obligations made by the interagency council on Hispanic-Latino 4963
affairs and its members pursuant to Chapters 4121., 4123., 4125., 4964
4127., 4131., and 4167. of the Revised Code or any other 4965
provisions of law.4966

       In connection with the transfer of duties, powers, 4967
obligations, functions, and rights and abolition of the 4968
interagency council on Hispanic-Latino affairs, all real property 4969
and interest therein, documents, books, money, papers, records, 4970
machinery, furnishings, office equipment, furniture, and all other 4971
property over which the interagency council on Hispanic-Latino 4972
affairs has control pertaining to the duties, powers, and 4973
obligations transferred and the rights of the interagency council 4974
on Hispanic-Latino affairs to enforce or receive any of the 4975
aforesaid is automatically transferred to the commission on 4976
Hispanic-Latino affairs without necessity for further action on 4977
the part of the commission on Hispanic-Latino affairs. 4978
Additionally, all appropriations or reappropriations made to the 4979
interagency council on Hispanic-Latino affairs for the purposes of 4980
the performance of their duties, powers, and obligations, are 4981
transferred to the commission on Hispanic-Latino affairs to the 4982
extent of the remaining unexpended or unencumbered balance 4983
thereof, whether allocated or unallocated, and whether obligated 4984
or unobligated.4985

       Section 13. This act is an emergency measure necessary for 4986
the immediate preservation of the public peace, health, and 4987
safety. The sunset review law is scheduled to operate on July 1, 4988
2011, as a matter of law. And if the sunset review law operates 4989
before the effective date of this act, uncertainty and confusion, 4990
with respect to the authority for certain agencies to operate, 4991
could result. Therefore, this act goes into immediate effect.4992