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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, 2953.08, 3302.021, 3311.71, | 3 |
3312.01, 3312.09, 3313.202, 3701.025, 3701.63, | 4 |
3727.312, 3737.03, 3737.21, 3737.81, 3737.86, | 5 |
3737.88, 3743.54, 3746.04, 4117.03, 4121.03, | 6 |
4121.12, 4121.121, 4121.125, 4121.128, 4123.341, | 7 |
4123.342, 4123.35, 5111.708, 5123.032, and | 8 |
5123.093; and to repeal sections 9.901, 101.37, | 9 |
121.374, 122.97, 122.971, 122.98, 122.981, | 10 |
125.833, 181.21, 181.22, 181.23, 181.24, 181.25, | 11 |
181.26, 184.23, 184.231, 1349.71, 1349.72, | 12 |
1501.25, 2151.282, 3306.29, 3306.291, 3306.292, | 13 |
3306.50, 3306.51, 3306.52, 3306.53, 3306.54, | 14 |
3306.55, 3306.56, 3306.57, 3306.58, 3306.59, | 15 |
3311.77, 3312.11, 3312.12, 3319.70, 3319.71, | 16 |
3701.92, 3727.322, 3746.03, 4121.75, 4121.76, | 17 |
4121.77, 4121.78, 4121.79, 4501.025, 5111.709, | 18 |
5111.7010, 5123.60, and 5902.15 of the Revised | 19 |
Code; and to amend Section 5 of Sub. H.B. 125 of | 20 |
the 127th General Assembly as subsequently | 21 |
amended, Section 20 of Am. Sub. H.B. 554 of the | 22 |
127th General Assembly, Section 3 of Sub. H.B. 187 | 23 |
of the 126th General Assembly, and Section 513.03 | 24 |
of Am. Sub. H.B. 66 of the 126th General Assembly | 25 |
as subsequently amended; and to repeal Section 3 | 26 |
of Sub. H.B. 495 of the 128th General Assembly, | 27 |
Sections 209.40, 309.40.70, and 709.10 of Am. Sub. | 28 |
H.B. 1 of the 128th General Assembly, Sections | 29 |
755.80 and 756.40 of Am. Sub. H.B. 2 of the 128th | 30 |
General Assembly, Section 3 of Sub. H.B. 7 of the | 31 |
127th General Assembly, Section 555.17 of Am. Sub. | 32 |
H.B. 67 of the 127th General Assembly, Sections | 33 |
263.30.30, 337.20.20, 377.20, and 737.11 of Am. | 34 |
Sub. H.B. 119 of the 127th General Assembly, | 35 |
Sections 6 and 7 of Sub. H.B. 125 of the 127th | 36 |
General Assembly, Section 2 of Sub. H.B. 233 of | 37 |
the 127th General Assembly, Sections 703.30 and | 38 |
715.50 of Am. Sub. H.B. 562 of the 127th General | 39 |
Assembly, Section 4 of Am. Sub. S.B. 77 of the | 40 |
127th General Assembly, Sections 206.10.12, | 41 |
206.42.12, 206.66.24, 206.66.43, 209.63.58, | 42 |
503.09, and 503.12 of Am. Sub. H.B. 66 of the | 43 |
126th General Assembly, Section 4 of Sub. H.B. 187 | 44 |
of the 126th General Assembly, Section 1 of Sub. | 45 |
H.B. 371 of the 126th General Assembly, Section | 46 |
235.60.70 of Am. Sub. H.B. 699 of the 126th | 47 |
General Assembly, Section 3 of Am. Sub. S.B. 167 | 48 |
of the 126th General Assembly, Section 5 of Am. | 49 |
Sub. S.B. 260 of the 126th General Assembly, | 50 |
Section 3 of Sub. S.B. 393 of the 126th General | 51 |
Assembly, Sections 12 and 25 of Am. Sub. H.B. 87 | 52 |
of the 125th General Assembly, Sections 41.35 and | 53 |
153 of Am. Sub. H.B. 95 of the 125th General | 54 |
Assembly, Section 8 of Sub. H.B. 299 of the 125th | 55 |
General Assembly, Section 6 of Am. Sub. H.B. 516 | 56 |
of the 125th General Assembly, Section 3 of Am. | 57 |
Sub. S.B. 86 of the 125th General Assembly, | 58 |
Section 3 of Sub. H.B. 230 of the 124th General | 59 |
Assembly, Section 3 of Am. Sub. H.B. 474 of the | 60 |
124th General Assembly, Section 4 of Am. Sub. S.B. | 61 |
281 of the 124th General Assembly, Section 3 of | 62 |
Am. H.B. 416 of the 127th General Assembly as | 63 |
subsequently amended, Section 701.20 of Am. Sub. | 64 |
H.B. 562 of the 127th General Assembly as | 65 |
subsequently amended, Section 206.66.53 of Am. | 66 |
Sub. H.B. 66 of the 126th General Assembly as | 67 |
subsequently amended, Section 6 of Sub. H.B. 336 | 68 |
of the 126th General Assembly as subsequently | 69 |
amended, Section 755.03 of Am. Sub. H.B. 530 of | 70 |
the 126th General Assembly as subsequently | 71 |
amended, Section 6 of Am. Sub. S.B. 238 of the | 72 |
126th General Assembly as subsequently amended, | 73 |
Section 152 of Am. Sub. H.B. 95 of the 125th | 74 |
General Assembly as subsequently amended, and | 75 |
Section 59.29 of Am. Sub. H.B. 95 of the 125th | 76 |
General Assembly as subsequently amended to | 77 |
implement the recommendations of the Sunset Review | 78 |
Committee by abolishing, terminating, | 79 |
transferring, or renewing various agencies and by | 80 |
reestablishing the Sunset Review Committee but | 81 |
postponing its operation until the 131st General | 82 |
Assembly, to terminate the operation of certain | 83 |
provisions of this act on December 31, 2016, by | 84 |
repealing sections 101.82, 101.83, 101.84, 101.85, | 85 |
101.86, and 101.87 of the Revised Code on that | 86 |
date, and to declare an emergency. | 87 |
Section 1. That sections 9.90, 101.532, 101.83, 101.84, | 88 |
101.85, 101.86, 102.02, 109.91, 121.32, 127.14, 173.03, 173.04, | 89 |
2953.08, 3302.021, 3311.71, 3312.01, 3312.09, 3313.202, 3701.025, | 90 |
3701.63, 3727.312, 3737.03, 3737.21, 3737.81, 3737.86, 3737.88, | 91 |
3743.54, 3746.04, 4117.03, 4121.03, 4121.12, 4121.121, 4121.125, | 92 |
4121.128, 4123.341, 4123.342, 4123.35, 5111.708, 5123.032, and | 93 |
5123.093 of the Revised Code be amended to read as follows: | 94 |
Sec. 9.90. (A) The governing board of any public institution | 95 |
of higher education, including without limitation state | 96 |
universities and colleges, community college districts, university | 97 |
branch districts, technical college districts, and municipal | 98 |
universities, may, in addition to all other powers provided in the | 99 |
Revised Code: | 100 |
(1) Contract for, purchase, or otherwise procure from an | 101 |
insurer or insurers licensed to do business by the state of Ohio | 102 |
for or on behalf of such of its employees as it may determine, | 103 |
life insurance, or sickness, accident, annuity, endowment, health, | 104 |
medical, hospital, dental, or surgical coverage and benefits, or | 105 |
any combination thereof, by means of insurance plans or other | 106 |
types of coverage, family, group or otherwise, and may pay from | 107 |
funds under its control and available for such purpose all or any | 108 |
portion of the cost, premium, or charge for such insurance, | 109 |
coverage, or benefits. However, the governing board, in addition | 110 |
to or as an alternative to the authority otherwise granted by | 111 |
division (A)(1) of this section, may elect to procure coverage for | 112 |
health care services, for or on behalf of such of its employees as | 113 |
it may determine, by means of policies, contracts, certificates, | 114 |
or agreements issued by at least two health insuring corporations | 115 |
holding a certificate of authority under Chapter 1751. of the | 116 |
Revised Code and may pay from funds under the governing board's | 117 |
control and available for such purpose all or any portion of the | 118 |
cost of such coverage. | 119 |
(2) Make payments to a custodial account for investment in | 120 |
regulated investment company stock for the purpose of providing | 121 |
retirement benefits as described in section 403(b)(7) of the | 122 |
Internal Revenue Code of 1954, as amended. Such stock shall be | 123 |
purchased only from persons authorized to sell such stock in this | 124 |
state. | 125 |
Any income of an employee deferred under divisions (A)(1) and | 126 |
(2) of this section in a deferred compensation program eligible | 127 |
for favorable tax treatment under the Internal Revenue Code of | 128 |
1954, as amended, shall continue to be included as regular | 129 |
compensation for the purpose of computing the contributions to and | 130 |
benefits from the retirement system of such employee. Any sum so | 131 |
deferred shall not be included in the computation of any federal | 132 |
and state income taxes withheld on behalf of any such employee. | 133 |
(B) All or any portion of the cost, premium, or charge | 134 |
therefor may be paid in such other manner or combination of | 135 |
manners as the governing board may determine, including direct | 136 |
payment by the employee in cases under division (A)(1) of this | 137 |
section, and, if authorized in writing by the employee in cases | 138 |
under division (A)(1) or (2) of this section, by such governing | 139 |
board with moneys made available by deduction from or reduction in | 140 |
salary or wages or by the foregoing of a salary or wage increase. | 141 |
Nothing in section 3917.01 or section 3917.06 of the Revised Code | 142 |
shall prohibit the issuance or purchase of group life insurance | 143 |
authorized by this section by reason of payment of premiums | 144 |
therefor by the governing board from its funds, and such group | 145 |
life insurance may be so issued and purchased if otherwise | 146 |
consistent with the provisions of sections 3917.01 to 3917.07 of | 147 |
the Revised Code. | 148 |
(C) The board of education of any school district may | 149 |
exercise any of the powers granted to the governing boards of | 150 |
public institutions of higher education under divisions (A) and | 151 |
(B) of this section | 152 |
153 | |
154 | |
155 | |
156 | |
157 |
Sec. 101.532. The main operating appropriations bill shall | 158 |
not contain appropriations for the industrial commission | 159 |
160 | |
compensation. Appropriations for the bureau
| 161 |
be enacted in one bill, and appropriations for the industrial | 162 |
commission shall be enacted in a separate bill. | 163 |
Sec. 101.83. (A) An agency in existence on January 1, | 164 |
2011, shall expire on December 31, | 165 |
renewed in accordance with division (D) of this section and, if so | 166 |
renewed, shall expire thereafter on the thirty-first day of | 167 |
December of the fourth year after the year in which it was most | 168 |
recently renewed unless the agency is renewed in accordance with | 169 |
division (D) of this section. An agency created after January 1, | 170 |
171 | |
shall expire not later than four years after its creation, unless | 172 |
the agency is renewed in accordance with division (D) of this | 173 |
section. An agency created after January 1, | 174 |
created on any other date shall be considered for the purpose of | 175 |
this section to have been created on the preceding thirty-first | 176 |
day of December, and the agency shall expire not later than four | 177 |
years after the date it was considered to have been created, | 178 |
unless the agency is renewed in accordance with division (D) of | 179 |
this section. Any act creating or renewing an agency shall contain | 180 |
a distinct section providing a specific expiration date for the | 181 |
agency in accordance with this division. | 182 |
(B) If the general assembly does not renew or transfer an | 183 |
agency on or before its expiration date, it shall expire on that | 184 |
date. | 185 |
The director of budget and management shall not authorize the | 186 |
expenditure of any moneys for any agency on or after the date of | 187 |
its expiration. | 188 |
(C) The general assembly may provide by law for the orderly, | 189 |
efficient, and expeditious conclusion of an agency's business and | 190 |
operation. The rules, orders, licenses, contracts, and other | 191 |
actions made, taken, granted, or performed by the agency shall | 192 |
continue in effect according to their terms notwithstanding the | 193 |
agency's abolition, unless the general assembly provides otherwise | 194 |
by law. The general assembly may provide by law for the temporary | 195 |
or permanent transfer of some or all of a terminated or | 196 |
transferred agency's functions and personnel to a successor agency | 197 |
or officer. | 198 |
The abolition, termination, or transfer of an agency shall | 199 |
not cause the termination or dismissal of any claim pending | 200 |
against the agency by any person, or any claim pending against any | 201 |
person by the agency. Unless the general assembly provides | 202 |
otherwise by law for the substitution of parties, the attorney | 203 |
general shall succeed the agency with reference to any pending | 204 |
claim. | 205 |
(D) An agency may be renewed by passage of a bill that | 206 |
continues the statutes creating and empowering the agency, that | 207 |
amends or repeals those statutes, or that enacts new statutes, to | 208 |
improve agency usefulness, performance, or effectiveness. | 209 |
Sec. 101.84. (A) There is hereby created the sunset review | 210 |
committee, to be composed of nine members and function in calendar | 211 |
years | 212 |
appoint three members of the senate to the committee, not more | 213 |
than two of whom shall be members of the same political party. The | 214 |
speaker of the house of representatives shall appoint three | 215 |
members of the house of representatives to the committee, not more | 216 |
than two of whom shall be members of the same political party. The | 217 |
governor, with the advice and consent of the senate, shall appoint | 218 |
three members to the committee, not more than two of whom shall be | 219 |
members of the same political party. Members shall be appointed | 220 |
within fifteen days after the commencement of the first regular | 221 |
session of the | 222 |
(B) Each member of the committee who is appointed by the | 223 |
president of the senate or the speaker of the house of | 224 |
representatives shall serve during that committee member's term of | 225 |
office or until that committee member no longer is a member of the | 226 |
senate or the house of representatives, whichever is applicable. | 227 |
Each member of the committee who is appointed by the governor | 228 |
shall serve a two-year term that ends on the thirty-first day of | 229 |
December in | 230 |
in the same manner as the original appointment. | 231 |
In the first regular session of the | 232 |
assembly, the chairperson of the committee shall be a member of | 233 |
the house of representatives, and the vice-chairperson of the | 234 |
committee shall be a member of the senate. In the second regular | 235 |
session of the
| 236 |
the committee shall be a member of the senate, and the | 237 |
vice-chairperson of the committee shall be a member of the house | 238 |
of representatives. | 239 |
Members of the committee shall receive no compensation, but | 240 |
shall be reimbursed for their necessary expenses incurred in the | 241 |
performance of their official duties. | 242 |
(C) The committee shall meet not later than thirty days after | 243 |
the first day of the first regular session of the | 244 |
general assembly to choose a chairperson and to commence | 245 |
establishment of the schedule for agency review provided for in | 246 |
section 101.85 of the Revised Code or perform other committee | 247 |
duties under sections 101.82 to 101.87 of the Revised Code. Five | 248 |
members of the committee shall constitute a quorum for the conduct | 249 |
of committee business. | 250 |
Sec. 101.85. (A) The sunset review committee, not later than | 251 |
sixty days after its first meeting in | 252 |
for review each agency in existence on January 1, | 253 |
committee, by a unanimous vote, also may schedule for review any | 254 |
state board or commission described in division (A)(9) of section | 255 |
101.82 of the Revised Code that is in existence on that date, and | 256 |
any board or commission so scheduled shall be considered an agency | 257 |
for purposes of sections 101.82 to 101.87 of the Revised Code. | 258 |
(B) The chairperson of the committee shall send a copy of the | 259 |
schedule for review of agencies for calendar year | 260 |
calendar year | 261 |
review during that year and to the director of the legislative | 262 |
service commission. The director shall publish a copy of the | 263 |
schedule in the Ohio Administrative Code and in the register of | 264 |
Ohio created under section 103.051 of the Revised Code. The | 265 |
commission shall provide the committee with a list of agencies, | 266 |
and state boards and commissions described in division (A)(9) of | 267 |
section 101.82 of the Revised Code, in existence on January 1, | 268 |
269 | |
exercising its duties under sections 101.82 to 101.87 of the | 270 |
Revised Code with respect to those agencies. | 271 |
Sec. 101.86. (A) Not later than six months prior to the date | 272 |
on which an agency in existence on January 1, | 273 |
scheduled to expire under division (A) of section 101.83 of the | 274 |
Revised Code, the sunset review committee shall hold hearings to | 275 |
receive the testimony of the public and of the chief executive | 276 |
officer of each agency scheduled for review and otherwise shall | 277 |
consider and evaluate the usefulness, performance, and | 278 |
effectiveness of the agency. | 279 |
(B) Each agency that is scheduled for review shall submit to | 280 |
the committee a report that contains all of the following | 281 |
information: | 282 |
(1) The agency's primary purpose and its various goals and | 283 |
objectives; | 284 |
(2) The agency's past and anticipated workload, the number of | 285 |
staff required to complete that workload, and the agency's total | 286 |
number of staff; | 287 |
(3) The agency's past and anticipated budgets and its sources | 288 |
of funding; | 289 |
(4) The number of members of its governing board or other | 290 |
governing entity and their compensation, if any. | 291 |
(C) Each agency shall have the burden of demonstrating to the | 292 |
committee a public need for its continued existence. In | 293 |
determining whether an agency has demonstrated that need, the | 294 |
committee shall consider all of the following: | 295 |
(1) The extent to which the agency has permitted qualified | 296 |
applicants to serve the public; | 297 |
(2) The cost-effectiveness of the agency in terms of number | 298 |
of employees, services rendered, and administrative costs | 299 |
incurred, both past and present; | 300 |
(3) The extent to which the agency has operated in the public | 301 |
interest, and whether its operation has been impeded or enhanced | 302 |
by existing statutes and procedures and by budgetary, resource, | 303 |
and personnel practices; | 304 |
(4) Whether the agency has recommended statutory changes to | 305 |
the general assembly that would benefit the public as opposed to | 306 |
the persons regulated by the agency, if any, and whether its | 307 |
recommendations and other policies have been adopted and | 308 |
implemented; | 309 |
(5) Whether the agency has required any persons it regulates | 310 |
to report to it the impact of agency rules and decisions on the | 311 |
public as they affect service costs and service delivery; | 312 |
(6) Whether persons regulated by the agency, if any, have | 313 |
been required to assess problems in their business operations that | 314 |
affect the public; | 315 |
(7) Whether the agency has encouraged public participation in | 316 |
its rule-making and decision-making; | 317 |
(8) The efficiency with which formal public complaints filed | 318 |
with the agency have been processed to completion; | 319 |
(9) Whether the programs or services of the agency duplicate | 320 |
or overlap those of other agencies; | 321 |
(10) Whether the purpose for which the agency was created has | 322 |
been fulfilled, has changed, or no longer exists; | 323 |
(11) Whether federal law requires that the agency be renewed | 324 |
in some form; | 325 |
(12) Changes needed in the enabling laws of the agency in | 326 |
order for it to comply with the criteria suggested by the | 327 |
considerations listed in divisions (C)(1) to (11) of this section. | 328 |
(D) In its initial review of each agency, the committee, | 329 |
whenever possible, shall realign agency titles to conform to the | 330 |
following descriptions: | 331 |
(1) Commission: an administrative appeals or hearing agency; | 332 |
(2) Authority: an agency empowered to issue bonds or notes; | 333 |
(3) Board: an agency having a licensing function only; | 334 |
(4) Council: an advisory body to a major agency or | 335 |
department; | 336 |
(5) Committee: an advisory body to a minor agency or | 337 |
department. | 338 |
Sec. 102.02. (A) Except as otherwise provided in division | 339 |
(H) of this section, all of the following shall file with the | 340 |
appropriate ethics commission the disclosure statement described | 341 |
in this division on a form prescribed by the appropriate | 342 |
commission: every person who is elected to or is a candidate for a | 343 |
state, county, or city office and every person who is appointed to | 344 |
fill a vacancy for an unexpired term in such an elective office; | 345 |
all members of the state board of education; the director, | 346 |
assistant directors, deputy directors, division chiefs, or persons | 347 |
of equivalent rank of any administrative department of the state; | 348 |
the president or other chief administrative officer of every state | 349 |
institution of higher education as defined in section 3345.011 of | 350 |
the Revised Code; the executive director and the members of the | 351 |
capitol square review and advisory board appointed or employed | 352 |
pursuant to section 105.41 of the Revised Code; all members of the | 353 |
Ohio casino control commission, the executive director of the | 354 |
commission, all professional employees of the commission, and all | 355 |
technical employees of the commission who perform an internal | 356 |
audit function; the individuals set forth in division (B)(2) of | 357 |
section 187.03 of the Revised Code; the chief executive officer | 358 |
and the members of the board of each state retirement system; each | 359 |
employee of a state retirement board who is a state retirement | 360 |
system investment officer licensed pursuant to section 1707.163 of | 361 |
the Revised Code; the members of the Ohio retirement study council | 362 |
appointed pursuant to division (C) of section 171.01 of the | 363 |
Revised Code; employees of the Ohio retirement study council, | 364 |
other than employees who perform purely administrative or clerical | 365 |
functions; the administrator of workers' compensation and each | 366 |
member of the bureau of workers' compensation board of directors; | 367 |
the bureau of workers' compensation director of investments; the | 368 |
chief investment officer of the bureau of workers' compensation; | 369 |
370 | |
members of the board of commissioners on grievances and discipline | 371 |
of the supreme court and the ethics commission created under | 372 |
section 102.05 of the Revised Code; every business manager, | 373 |
treasurer, or superintendent of a city, local, exempted village, | 374 |
joint vocational, or cooperative education school district or an | 375 |
educational service center; every person who is elected to or is a | 376 |
candidate for the office of member of a board of education of a | 377 |
city, local, exempted village, joint vocational, or cooperative | 378 |
education school district or of a governing board of an | 379 |
educational service center that has a total student count of | 380 |
twelve thousand or more as most recently determined by the | 381 |
department of education pursuant to section 3317.03 of the Revised | 382 |
Code; every person who is appointed to the board of education of a | 383 |
municipal school district pursuant to division (B) or (F) of | 384 |
section 3311.71 of the Revised Code; all members of the board of | 385 |
directors of a sanitary district that is established under Chapter | 386 |
6115. of the Revised Code and organized wholly for the purpose of | 387 |
providing a water supply for domestic, municipal, and public use, | 388 |
and that includes two municipal corporations in two counties; | 389 |
every public official or employee who is paid a salary or wage in | 390 |
accordance with schedule C of section 124.15 or schedule E-2 of | 391 |
section 124.152 of the Revised Code; members of the board of | 392 |
trustees and the executive director of the southern Ohio | 393 |
agricultural and community development foundation; all members | 394 |
appointed to the Ohio livestock care standards board under section | 395 |
904.02 of the Revised Code; and every other public official or | 396 |
employee who is designated by the appropriate ethics commission | 397 |
pursuant to division (B) of this section. | 398 |
The disclosure statement shall include all of the following: | 399 |
(1) The name of the person filing the statement and each | 400 |
member of the person's immediate family and all names under which | 401 |
the person or members of the person's immediate family do | 402 |
business; | 403 |
(2)(a) Subject to divisions (A)(2)(b) and (c) of this section | 404 |
and except as otherwise provided in section 102.022 of the Revised | 405 |
Code, identification of every source of income, other than income | 406 |
from a legislative agent identified in division (A)(2)(b) of this | 407 |
section, received during the preceding calendar year, in the | 408 |
person's own name or by any other person for the person's use or | 409 |
benefit, by the person filing the statement, and a brief | 410 |
description of the nature of the services for which the income was | 411 |
received. If the person filing the statement is a member of the | 412 |
general assembly, the statement shall identify the amount of every | 413 |
source of income received in accordance with the following ranges | 414 |
of amounts: zero or more, but less than one thousand dollars; one | 415 |
thousand dollars or more, but less than ten thousand dollars; ten | 416 |
thousand dollars or more, but less than twenty-five thousand | 417 |
dollars; twenty-five thousand dollars or more, but less than fifty | 418 |
thousand dollars; fifty thousand dollars or more, but less than | 419 |
one hundred thousand dollars; and one hundred thousand dollars or | 420 |
more. Division (A)(2)(a) of this section shall not be construed to | 421 |
require a person filing the statement who derives income from a | 422 |
business or profession to disclose the individual items of income | 423 |
that constitute the gross income of that business or profession, | 424 |
except for those individual items of income that are attributable | 425 |
to the person's or, if the income is shared with the person, the | 426 |
partner's, solicitation of services or goods or performance, | 427 |
arrangement, or facilitation of services or provision of goods on | 428 |
behalf of the business or profession of clients, including | 429 |
corporate clients, who are legislative agents. A person who files | 430 |
the statement under this section shall disclose the identity of | 431 |
and the amount of income received from a person who the public | 432 |
official or employee knows or has reason to know is doing or | 433 |
seeking to do business of any kind with the public official's or | 434 |
employee's agency. | 435 |
(b) If the person filing the statement is a member of the | 436 |
general assembly, the statement shall identify every source of | 437 |
income and the amount of that income that was received from a | 438 |
legislative agent during the preceding calendar year, in the | 439 |
person's own name or by any other person for the person's use or | 440 |
benefit, by the person filing the statement, and a brief | 441 |
description of the nature of the services for which the income was | 442 |
received. Division (A)(2)(b) of this section requires the | 443 |
disclosure of clients of attorneys or persons licensed under | 444 |
section 4732.12 of the Revised Code, or patients of persons | 445 |
certified under section 4731.14 of the Revised Code, if those | 446 |
clients or patients are legislative agents. Division (A)(2)(b) of | 447 |
this section requires a person filing the statement who derives | 448 |
income from a business or profession to disclose those individual | 449 |
items of income that constitute the gross income of that business | 450 |
or profession that are received from legislative agents. | 451 |
(c) Except as otherwise provided in division (A)(2)(c) of | 452 |
this section, division (A)(2)(a) of this section applies to | 453 |
attorneys, physicians, and other persons who engage in the | 454 |
practice of a profession and who, pursuant to a section of the | 455 |
Revised Code, the common law of this state, a code of ethics | 456 |
applicable to the profession, or otherwise, generally are required | 457 |
not to reveal, disclose, or use confidences of clients, patients, | 458 |
or other recipients of professional services except under | 459 |
specified circumstances or generally are required to maintain | 460 |
those types of confidences as privileged communications except | 461 |
under specified circumstances. Division (A)(2)(a) of this section | 462 |
does not require an attorney, physician, or other professional | 463 |
subject to a confidentiality requirement as described in division | 464 |
(A)(2)(c) of this section to disclose the name, other identity, or | 465 |
address of a client, patient, or other recipient of professional | 466 |
services if the disclosure would threaten the client, patient, or | 467 |
other recipient of professional services, would reveal details of | 468 |
the subject matter for which legal, medical, or professional | 469 |
advice or other services were sought, or would reveal an otherwise | 470 |
privileged communication involving the client, patient, or other | 471 |
recipient of professional services. Division (A)(2)(a) of this | 472 |
section does not require an attorney, physician, or other | 473 |
professional subject to a confidentiality requirement as described | 474 |
in division (A)(2)(c) of this section to disclose in the brief | 475 |
description of the nature of services required by division | 476 |
(A)(2)(a) of this section any information pertaining to specific | 477 |
professional services rendered for a client, patient, or other | 478 |
recipient of professional services that would reveal details of | 479 |
the subject matter for which legal, medical, or professional | 480 |
advice was sought or would reveal an otherwise privileged | 481 |
communication involving the client, patient, or other recipient of | 482 |
professional services. | 483 |
(3) The name of every corporation on file with the secretary | 484 |
of state that is incorporated in this state or holds a certificate | 485 |
of compliance authorizing it to do business in this state, trust, | 486 |
business trust, partnership, or association that transacts | 487 |
business in this state in which the person filing the statement or | 488 |
any other person for the person's use and benefit had during the | 489 |
preceding calendar year an investment of over one thousand dollars | 490 |
at fair market value as of the thirty-first day of December of the | 491 |
preceding calendar year, or the date of disposition, whichever is | 492 |
earlier, or in which the person holds any office or has a | 493 |
fiduciary relationship, and a description of the nature of the | 494 |
investment, office, or relationship. Division (A)(3) of this | 495 |
section does not require disclosure of the name of any bank, | 496 |
savings and loan association, credit union, or building and loan | 497 |
association with which the person filing the statement has a | 498 |
deposit or a withdrawable share account. | 499 |
(4) All fee simple and leasehold interests to which the | 500 |
person filing the statement holds legal title to or a beneficial | 501 |
interest in real property located within the state, excluding the | 502 |
person's residence and property used primarily for personal | 503 |
recreation; | 504 |
(5) The names of all persons residing or transacting business | 505 |
in the state to whom the person filing the statement owes, in the | 506 |
person's own name or in the name of any other person, more than | 507 |
one thousand dollars. Division (A)(5) of this section shall not be | 508 |
construed to require the disclosure of debts owed by the person | 509 |
resulting from the ordinary conduct of a business or profession or | 510 |
debts on the person's residence or real property used primarily | 511 |
for personal recreation, except that the superintendent of | 512 |
financial institutions shall disclose the names of all | 513 |
state-chartered savings and loan associations and of all service | 514 |
corporations subject to regulation under division (E)(2) of | 515 |
section 1151.34 of the Revised Code to whom the superintendent in | 516 |
the superintendent's own name or in the name of any other person | 517 |
owes any money, and that the superintendent and any deputy | 518 |
superintendent of banks shall disclose the names of all | 519 |
state-chartered banks and all bank subsidiary corporations subject | 520 |
to regulation under section 1109.44 of the Revised Code to whom | 521 |
the superintendent or deputy superintendent owes any money. | 522 |
(6) The names of all persons residing or transacting business | 523 |
in the state, other than a depository excluded under division | 524 |
(A)(3) of this section, who owe more than one thousand dollars to | 525 |
the person filing the statement, either in the person's own name | 526 |
or to any person for the person's use or benefit. Division (A)(6) | 527 |
of this section shall not be construed to require the disclosure | 528 |
of clients of attorneys or persons licensed under section 4732.12 | 529 |
or 4732.15 of the Revised Code, or patients of persons certified | 530 |
under section 4731.14 of the Revised Code, nor the disclosure of | 531 |
debts owed to the person resulting from the ordinary conduct of a | 532 |
business or profession. | 533 |
(7) Except as otherwise provided in section 102.022 of the | 534 |
Revised Code, the source of each gift of over seventy-five | 535 |
dollars, or of each gift of over twenty-five dollars received by a | 536 |
member of the general assembly from a legislative agent, received | 537 |
by the person in the person's own name or by any other person for | 538 |
the person's use or benefit during the preceding calendar year, | 539 |
except gifts received by will or by virtue of section 2105.06 of | 540 |
the Revised Code, or received from spouses, parents, grandparents, | 541 |
children, grandchildren, siblings, nephews, nieces, uncles, aunts, | 542 |
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, | 543 |
fathers-in-law, mothers-in-law, or any person to whom the person | 544 |
filing the statement stands in loco parentis, or received by way | 545 |
of distribution from any inter vivos or testamentary trust | 546 |
established by a spouse or by an ancestor; | 547 |
(8) Except as otherwise provided in section 102.022 of the | 548 |
Revised Code, identification of the source and amount of every | 549 |
payment of expenses incurred for travel to destinations inside or | 550 |
outside this state that is received by the person in the person's | 551 |
own name or by any other person for the person's use or benefit | 552 |
and that is incurred in connection with the person's official | 553 |
duties, except for expenses for travel to meetings or conventions | 554 |
of a national or state organization to which any state agency, | 555 |
including, but not limited to, any legislative agency or state | 556 |
institution of higher education as defined in section 3345.011 of | 557 |
the Revised Code, pays membership dues, or any political | 558 |
subdivision or any office or agency of a political subdivision | 559 |
pays membership dues; | 560 |
(9) Except as otherwise provided in section 102.022 of the | 561 |
Revised Code, identification of the source of payment of expenses | 562 |
for meals and other food and beverages, other than for meals and | 563 |
other food and beverages provided at a meeting at which the person | 564 |
participated in a panel, seminar, or speaking engagement or at a | 565 |
meeting or convention of a national or state organization to which | 566 |
any state agency, including, but not limited to, any legislative | 567 |
agency or state institution of higher education as defined in | 568 |
section 3345.011 of the Revised Code, pays membership dues, or any | 569 |
political subdivision or any office or agency of a political | 570 |
subdivision pays membership dues, that are incurred in connection | 571 |
with the person's official duties and that exceed one hundred | 572 |
dollars aggregated per calendar year; | 573 |
(10) If the disclosure statement is filed by a public | 574 |
official or employee described in division (B)(2) of section | 575 |
101.73 of the Revised Code or division (B)(2) of section 121.63 of | 576 |
the Revised Code who receives a statement from a legislative | 577 |
agent, executive agency lobbyist, or employer that contains the | 578 |
information described in division (F)(2) of section 101.73 of the | 579 |
Revised Code or division (G)(2) of section 121.63 of the Revised | 580 |
Code, all of the nondisputed information contained in the | 581 |
statement delivered to that public official or employee by the | 582 |
legislative agent, executive agency lobbyist, or employer under | 583 |
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of | 584 |
the Revised Code. | 585 |
A person may file a statement required by this section in | 586 |
person or by mail. A person who is a candidate for elective office | 587 |
shall file the statement no later than the thirtieth day before | 588 |
the primary, special, or general election at which the candidacy | 589 |
is to be voted on, whichever election occurs soonest, except that | 590 |
a person who is a write-in candidate shall file the statement no | 591 |
later than the twentieth day before the earliest election at which | 592 |
the person's candidacy is to be voted on. A person who holds | 593 |
elective office shall file the statement on or before the | 594 |
fifteenth day of April of each year unless the person is a | 595 |
candidate for office. A person who is appointed to fill a vacancy | 596 |
for an unexpired term in an elective office shall file the | 597 |
statement within fifteen days after the person qualifies for | 598 |
office. Other persons shall file an annual statement on or before | 599 |
the fifteenth day of April or, if appointed or employed after that | 600 |
date, within ninety days after appointment or employment. No | 601 |
person shall be required to file with the appropriate ethics | 602 |
commission more than one statement or pay more than one filing fee | 603 |
for any one calendar year. | 604 |
The appropriate ethics commission, for good cause, may extend | 605 |
for a reasonable time the deadline for filing a statement under | 606 |
this section. | 607 |
A statement filed under this section is subject to public | 608 |
inspection at locations designated by the appropriate ethics | 609 |
commission except as otherwise provided in this section. | 610 |
(B) The Ohio ethics commission, the joint legislative ethics | 611 |
committee, and the board of commissioners on grievances and | 612 |
discipline of the supreme court, using the rule-making procedures | 613 |
of Chapter 119. of the Revised Code, may require any class of | 614 |
public officials or employees under its jurisdiction and not | 615 |
specifically excluded by this section whose positions involve a | 616 |
substantial and material exercise of administrative discretion in | 617 |
the formulation of public policy, expenditure of public funds, | 618 |
enforcement of laws and rules of the state or a county or city, or | 619 |
the execution of other public trusts, to file an annual statement | 620 |
on or before the fifteenth day of April under division (A) of this | 621 |
section. The appropriate ethics commission shall send the public | 622 |
officials or employees written notice of the requirement by the | 623 |
fifteenth day of February of each year the filing is required | 624 |
unless the public official or employee is appointed after that | 625 |
date, in which case the notice shall be sent within thirty days | 626 |
after appointment, and the filing shall be made not later than | 627 |
ninety days after appointment. | 628 |
Except for disclosure statements filed by members of the | 629 |
board of trustees and the executive director of the southern Ohio | 630 |
agricultural and community development foundation, disclosure | 631 |
statements filed under this division with the Ohio ethics | 632 |
commission by members of boards, commissions, or bureaus of the | 633 |
state for which no compensation is received other than reasonable | 634 |
and necessary expenses shall be kept confidential. Disclosure | 635 |
statements filed with the Ohio ethics commission under division | 636 |
(A) of this section by business managers, treasurers, and | 637 |
superintendents of city, local, exempted village, joint | 638 |
vocational, or cooperative education school districts or | 639 |
educational service centers shall be kept confidential, except | 640 |
that any person conducting an audit of any such school district or | 641 |
educational service center pursuant to section 115.56 or Chapter | 642 |
117. of the Revised Code may examine the disclosure statement of | 643 |
any business manager, treasurer, or superintendent of that school | 644 |
district or educational service center. Disclosure statements | 645 |
filed with the Ohio ethics commission under division (A) of this | 646 |
section by the individuals set forth in division (B)(2) of section | 647 |
187.03 of the Revised Code shall be kept confidential. The Ohio | 648 |
ethics commission shall examine each disclosure statement required | 649 |
to be kept confidential to determine whether a potential conflict | 650 |
of interest exists for the person who filed the disclosure | 651 |
statement. A potential conflict of interest exists if the private | 652 |
interests of the person, as indicated by the person's disclosure | 653 |
statement, might interfere with the public interests the person is | 654 |
required to serve in the exercise of the person's authority and | 655 |
duties in the person's office or position of employment. If the | 656 |
commission determines that a potential conflict of interest | 657 |
exists, it shall notify the person who filed the disclosure | 658 |
statement and shall make the portions of the disclosure statement | 659 |
that indicate a potential conflict of interest subject to public | 660 |
inspection in the same manner as is provided for other disclosure | 661 |
statements. Any portion of the disclosure statement that the | 662 |
commission determines does not indicate a potential conflict of | 663 |
interest shall be kept confidential by the commission and shall | 664 |
not be made subject to public inspection, except as is necessary | 665 |
for the enforcement of Chapters 102. and 2921. of the Revised Code | 666 |
and except as otherwise provided in this division. | 667 |
(C) No person shall knowingly fail to file, on or before the | 668 |
applicable filing deadline established under this section, a | 669 |
statement that is required by this section. | 670 |
(D) No person shall knowingly file a false statement that is | 671 |
required to be filed under this section. | 672 |
(E)(1) Except as provided in divisions (E)(2) and (3) of this | 673 |
section, the statement required by division (A) or (B) of this | 674 |
section shall be accompanied by a filing fee of forty dollars. | 675 |
(2) The statement required by division (A) of this section | 676 |
shall be accompanied by the following filing fee to be paid by the | 677 |
person who is elected or appointed to, or is a candidate for, any | 678 |
of the following offices: | 679 |
For state office, except member of the | 680 | ||||
state board of education | $65 | 681 | |||
For office of member of general assembly | $40 | 682 | |||
For county office | $40 | 683 | |||
For city office | $25 | 684 | |||
For office of member of the state board | 685 | ||||
of education | $25 | 686 | |||
For office of member of the Ohio | 687 | ||||
livestock care standards board | $25 | 688 | |||
For office of member of a city, local, | 689 | ||||
exempted village, or cooperative | 690 | ||||
education board of | 691 | ||||
education or educational service | 692 | ||||
center governing board | $20 | 693 | |||
For position of business manager, | 694 | ||||
treasurer, or superintendent of a | 695 | ||||
city, local, exempted village, joint | 696 | ||||
vocational, or cooperative education | 697 | ||||
school district or | 698 | ||||
educational service center | $20 | 699 |
(3) No judge of a court of record or candidate for judge of a | 700 |
court of record, and no referee or magistrate serving a court of | 701 |
record, shall be required to pay the fee required under division | 702 |
(E)(1) or (2) or (F) of this section. | 703 |
(4) For any public official who is appointed to a nonelective | 704 |
office of the state and for any employee who holds a nonelective | 705 |
position in a public agency of the state, the state agency that is | 706 |
the primary employer of the state official or employee shall pay | 707 |
the fee required under division (E)(1) or (F) of this section. | 708 |
(F) If a statement required to be filed under this section is | 709 |
not filed by the date on which it is required to be filed, the | 710 |
appropriate ethics commission shall assess the person required to | 711 |
file the statement a late filing fee of ten dollars for each day | 712 |
the statement is not filed, except that the total amount of the | 713 |
late filing fee shall not exceed two hundred fifty dollars. | 714 |
(G)(1) The appropriate ethics commission other than the Ohio | 715 |
ethics commission and the joint legislative ethics committee shall | 716 |
deposit all fees it receives under divisions (E) and (F) of this | 717 |
section into the general revenue fund of the state. | 718 |
(2) The Ohio ethics commission shall deposit all receipts, | 719 |
including, but not limited to, fees it receives under divisions | 720 |
(E) and (F) of this section and all moneys it receives from | 721 |
settlements under division (G) of section 102.06 of the Revised | 722 |
Code, into the Ohio ethics commission fund, which is hereby | 723 |
created in the state treasury. All moneys credited to the fund | 724 |
shall be used solely for expenses related to the operation and | 725 |
statutory functions of the commission. | 726 |
(3) The joint legislative ethics committee shall deposit all | 727 |
receipts it receives from the payment of financial disclosure | 728 |
statement filing fees under divisions (E) and (F) of this section | 729 |
into the joint legislative ethics committee investigative fund. | 730 |
(H) Division (A) of this section does not apply to a person | 731 |
elected or appointed to the office of precinct, ward, or district | 732 |
committee member under Chapter 3517. of the Revised Code; a | 733 |
presidential elector; a delegate to a national convention; village | 734 |
or township officials and employees; any physician or psychiatrist | 735 |
who is paid a salary or wage in accordance with schedule C of | 736 |
section 124.15 or schedule E-2 of section 124.152 of the Revised | 737 |
Code and whose primary duties do not require the exercise of | 738 |
administrative discretion; or any member of a board, commission, | 739 |
or bureau of any county or city who receives less than one | 740 |
thousand dollars per year for serving in that position. | 741 |
Sec. 109.91. (A) There is hereby established within the | 742 |
office of the attorney general the crime victims assistance | 743 |
office. | 744 |
(B) There is hereby established the state victims assistance | 745 |
advisory | 746 |
a chairperson, to be appointed by the attorney general, three ex | 747 |
officio members, and fifteen members to be appointed by the | 748 |
attorney general as follows: one member who represents the Ohio | 749 |
victim-witness association; three members who represent local | 750 |
victim assistance programs, including one from a municipally | 751 |
operated program and one from a county-operated program; one | 752 |
member who represents the interests of elderly victims; one member | 753 |
who is a board member of any statewide or local organization that | 754 |
exists primarily to aid victims of domestic violence, or who is an | 755 |
employee of, or counselor for, such an organization; one member | 756 |
who is an employee or officer of a county probation department or | 757 |
a probation department operated by the department of | 758 |
rehabilitation and correction; one member who is a county | 759 |
prosecuting attorney; one member who is a city law director; one | 760 |
member who is a county sheriff; one member who is a member or | 761 |
officer of a township or municipal police department; one member | 762 |
who is a court of common pleas judge; one member who is a | 763 |
municipal court judge or county court judge; and two members who | 764 |
are private citizens and are not government employees. | 765 |
The | 766 |
nonvoting members: the attorney general, one member of the senate | 767 |
to be designated by the president of the senate, and one member of | 768 |
the house of representatives to be designated by the speaker of | 769 |
the house. | 770 |
Members of the | 771 |
compensation, but shall be reimbursed for travel and other | 772 |
necessary expenses that are incurred in the conduct of their | 773 |
official duties as members of the | 774 |
chairperson and members of the | 775 |
attorney general shall serve at the pleasure of the attorney | 776 |
general. The attorney general shall serve on the | 777 |
until the end of the term of office that qualified the attorney | 778 |
general for membership on the
| 779 |
senate and the member of the house of representatives shall serve | 780 |
at the pleasure of the president of the senate and the speaker of | 781 |
the house of representatives, respectively. | 782 |
(C) The victims assistance advisory | 783 |
perform both of the following duties: | 784 |
(1) Advise the crime victims assistance office in determining | 785 |
crime and delinquency victim service needs, determining crime and | 786 |
delinquency victim policies for the state, and improving and | 787 |
exercising leadership in the quality of crime and delinquency | 788 |
victim programs in the state; | 789 |
(2) Review and recommend to the crime victims assistance | 790 |
office the victim assistance programs that should be considered | 791 |
for the receipt of state financial assistance pursuant to section | 792 |
109.92 of the Revised Code. The financial assistance allocation | 793 |
recommendations of the | 794 |
following priorities: | 795 |
(a) Programs in existence on July 1, 1985, shall be given | 796 |
first priority; | 797 |
(b) Programs offering or proposing to offer the broadest | 798 |
range of services and referrals to the community served, including | 799 |
medical, psychological, financial, educational, vocational, and | 800 |
legal services that were not in existence on July 1, 1985, shall | 801 |
be given second priority; | 802 |
(c) Other qualified programs shall be given last priority. | 803 |
(D) As used in this section and section 109.92 of the Revised | 804 |
Code, "victim assistance program" includes, but is not limited to | 805 |
a program that provides at least one of the following: | 806 |
(1) Services to victims of any offense of violence or | 807 |
delinquent act that would be an offense of violence if committed | 808 |
by an adult; | 809 |
(2) Financial assistance or property repair services to | 810 |
victims of crime or delinquent acts; | 811 |
(3) Assistance to victims of crime or delinquent acts in | 812 |
judicial proceedings; | 813 |
(4) Assistance to victims of crime or delinquent acts under | 814 |
the operation of any political subdivision of the state or a | 815 |
branch of the criminal justice system set forth in division | 816 |
(B)(1)(a), (b), or (c) of section 5502.61 of the Revised Code; | 817 |
(5) Technical assistance to persons or organizations that | 818 |
provide services to victims of crime or delinquent acts under the | 819 |
operation of a branch of the criminal justice system set forth in | 820 |
division (B)(1)(a), (b), or (c) of section 5502.61 of the Revised | 821 |
Code. | 822 |
A victim assistance program does not include the program for | 823 |
the reparation of crime victims established pursuant to Chapter | 824 |
2743. of the Revised Code. | 825 |
Sec. 121.32. The commission on Hispanic-Latino affairs | 826 |
shall: | 827 |
(A) Gather and disseminate information and conduct hearings, | 828 |
conferences, investigations, and special studies on problems and | 829 |
programs concerning Spanish-speaking people; | 830 |
(B) Secure appropriate recognition of the accomplishments and | 831 |
contributions of Spanish-speaking people to this state; | 832 |
(C) Stimulate public awareness of the problems of | 833 |
Spanish-speaking people by conducting a program of public | 834 |
education; | 835 |
(D) Develop, coordinate, and assist other public and private | 836 |
organizations that serve Spanish-speaking people, including the | 837 |
conducting of training programs for community leadership and | 838 |
service project staff; | 839 |
(E) Advise the governor, general assembly, and state | 840 |
departments and agencies of the nature, magnitude, and priorities | 841 |
of the problems of Spanish-speaking people; | 842 |
(F) Advise the governor, general assembly, and state | 843 |
departments and agencies on, and assist in the development and | 844 |
implementation of, comprehensive and coordinated policies, | 845 |
programs, and procedures focusing on the special problems and | 846 |
needs of Spanish-speaking people, especially in the fields of | 847 |
education, employment, energy, health, housing, welfare, and | 848 |
recreation; | 849 |
(G) Propose new programs concerning Spanish-speaking people | 850 |
to public and private agencies and evaluate for such agencies | 851 |
existing programs or prospective legislation concerning | 852 |
Spanish-speaking people; | 853 |
(H) Review and approve grants to be made from federal, state, | 854 |
or private funds which are administered or subcontracted by the | 855 |
office of Spanish-speaking affairs; | 856 |
(I) Review and approve the annual report prepared by the | 857 |
office of Spanish-speaking affairs; | 858 |
(J) | 859 |
860 | |
861 | |
862 | |
863 | |
864 | |
865 | |
866 | |
867 | |
868 | |
869 | |
870 | |
871 | |
872 | |
873 | |
874 | |
875 |
| 876 |
the exchange of information relative to the needs of | 877 |
Spanish-speaking people and promote the delivery of state services | 878 |
to such people.
| 879 |
880 |
Sec. 127.14. The controlling board may, at the request of | 881 |
any state agency or the director of budget and management, | 882 |
authorize, with respect to the provisions of any appropriation | 883 |
act: | 884 |
(A) Transfers of all or part of an appropriation within but | 885 |
not between state agencies, except such transfers as the director | 886 |
of budget and management is authorized by law to make, provided | 887 |
that no transfer shall be made by the director for the purpose of | 888 |
effecting new or changed levels of program service not authorized | 889 |
by the general assembly; | 890 |
(B) Transfers of all or part of an appropriation from one | 891 |
fiscal year to another; | 892 |
(C) Transfers of all or part of an appropriation within or | 893 |
between state agencies made necessary by administrative | 894 |
reorganization or by the abolition of an agency or part of an | 895 |
agency; | 896 |
(D) Transfers of all or part of cash balances in excess of | 897 |
needs from any fund of the state to the general revenue fund or to | 898 |
such other fund of the state to which the money would have been | 899 |
credited in the absence of the fund from which the transfers are | 900 |
authorized to be made, except that the controlling board may not | 901 |
authorize such transfers from the accrued leave liability fund, | 902 |
auto registration distribution fund, budget stabilization fund, | 903 |
development bond retirement fund, facilities establishment fund, | 904 |
gasoline excise tax fund, general revenue fund, higher education | 905 |
improvement fund, highway improvement bond retirement fund, | 906 |
highway obligations bond retirement fund, highway capital | 907 |
improvement fund, highway operating fund, horse racing tax fund, | 908 |
improvements bond retirement fund, public library fund, liquor | 909 |
control fund, local government fund, local transportation | 910 |
improvement program fund, mental health facilities improvement | 911 |
fund, Ohio fairs fund, parks and recreation improvement fund, | 912 |
public improvements bond retirement fund, school district income | 913 |
tax fund, state agency facilities improvement fund, state and | 914 |
local government highway distribution fund, state highway safety | 915 |
fund, state lottery fund, undivided liquor permit fund, Vietnam | 916 |
conflict compensation bond retirement fund, volunteer fire | 917 |
fighters' dependents fund, waterways safety fund, wildlife fund, | 918 |
workers' compensation fund, | 919 |
920 | |
the director of budget and management determines to be a bond fund | 921 |
or bond retirement fund; | 922 |
(E) Transfers of all or part of those appropriations included | 923 |
in the emergency purposes account of the controlling board; | 924 |
(F) Temporary transfers of all or part of an appropriation or | 925 |
other moneys into and between existing funds, or new funds, as may | 926 |
be established by law when needed for capital outlays for which | 927 |
notes or bonds will be issued; | 928 |
(G) Transfer or release of all or part of an appropriation to | 929 |
a state agency requiring controlling board approval of such | 930 |
transfer or release as provided by law; | 931 |
(H) Temporary transfer of funds included in the emergency | 932 |
purposes appropriation of the controlling board. Such temporary | 933 |
transfers may be made subject to conditions specified by the | 934 |
controlling board at the time temporary transfers are authorized. | 935 |
No transfers shall be made under this division for the purpose of | 936 |
effecting new or changed levels of program service not authorized | 937 |
by the general assembly. | 938 |
As used in this section, "request" means an application by a | 939 |
state agency or the director of budget and management seeking some | 940 |
action by the controlling board. | 941 |
When authorizing the transfer of all or part of an | 942 |
appropriation under this section, the controlling board may | 943 |
authorize the transfer to an existing appropriation item and the | 944 |
creation of and transfer to a new appropriation item. | 945 |
Whenever there is a transfer of all or part of funds included | 946 |
in the emergency purposes appropriation by the controlling board, | 947 |
pursuant to division (E) of this section, the state agency or the | 948 |
director of budget and management receiving such transfer shall | 949 |
keep a detailed record of the use of the transferred funds. At the | 950 |
earliest scheduled meeting of the controlling board following the | 951 |
accomplishment of the purposes specified in the request originally | 952 |
seeking the transfer, or following the total expenditure of the | 953 |
transferred funds for the specified purposes, the state agency or | 954 |
the director of budget and management shall submit a report on the | 955 |
expenditure of such funds to the board. The portion of any | 956 |
appropriation so transferred which is not required to accomplish | 957 |
the purposes designated in the original request to the controlling | 958 |
board shall be returned to the proper appropriation of the | 959 |
controlling board at this time. | 960 |
Notwithstanding any provisions of law providing for the | 961 |
deposit of revenues received by a state agency to the credit of a | 962 |
particular fund in the state treasury, whenever there is a | 963 |
temporary transfer of funds included in the emergency purposes | 964 |
appropriation of the controlling board pursuant to division (H) of | 965 |
this section, revenues received by any state agency receiving such | 966 |
a temporary transfer of funds shall, as directed by the | 967 |
controlling board, be transferred back to the emergency purposes | 968 |
appropriation. | 969 |
The board may delegate to the director of budget and | 970 |
management authority to approve transfers among items of | 971 |
appropriation under division (A) of this section. | 972 |
Sec. 173.03. (A) There is hereby created the Ohio advisory | 973 |
council for the aging, which shall consist of twelve members to be | 974 |
appointed by the governor with the advice and consent of the | 975 |
senate. Two ex officio members of the council shall be members of | 976 |
the house of representatives appointed by the speaker of the house | 977 |
of representatives and shall be members of two different political | 978 |
parties. Two ex officio members of the council shall be members of | 979 |
the senate appointed by the president of the senate and shall be | 980 |
members of two different political parties. The directors of | 981 |
mental health, developmental disabilities, health, and job and | 982 |
family services, or their designees, shall serve as ex officio | 983 |
members of the council. The council shall carry out its role as | 984 |
defined under the "Older Americans Act of 1965," 79 Stat. 219, 42 | 985 |
U.S.C. 3001, as amended. | 986 |
At the first meeting of the council, and annually thereafter, | 987 |
the members shall select one of their members to serve as | 988 |
chairperson and one of their members to serve as vice-chairperson. | 989 |
(B) Members of the council shall be appointed for a term of | 990 |
three years, except that for the first appointment members of the | 991 |
Ohio commission on aging who were serving on the commission | 992 |
immediately prior to July 26, 1984, shall become members of the | 993 |
council for the remainder of their unexpired terms. Thereafter, | 994 |
appointment to the council shall be for a three-year term by the | 995 |
governor. Each member shall hold office from the date of | 996 |
appointment until the end of the term for which the member was | 997 |
appointed. Any member appointed to fill a vacancy occurring prior | 998 |
to the expiration of the term for which the member's predecessor | 999 |
was appointed shall hold office for the remainder of the term. | 1000 |
No member | 1001 |
expiration date of the member's term | 1002 |
1003 | |
1004 | |
1005 | |
section, and no member shall serve more than three consecutive | 1006 |
terms on the council. | 1007 |
(C) Membership of the council shall represent all areas of | 1008 |
Ohio and shall be as follows: | 1009 |
(1) A majority of members of the council shall have attained | 1010 |
the age of sixty and have a knowledge of and continuing interest | 1011 |
in the affairs and welfare of the older citizens of Ohio. The | 1012 |
fields of business, labor, health, law, and human services shall | 1013 |
be represented in the membership. | 1014 |
(2) No more than seven members shall be of the same political | 1015 |
party. | 1016 |
(D) Any member of the council may be removed from office by | 1017 |
the governor for neglect of duty, misconduct, or malfeasance in | 1018 |
office after being informed in writing of the charges and afforded | 1019 |
an opportunity for a hearing. Two consecutive unexcused absences | 1020 |
from regularly scheduled meetings constitute neglect of duty. | 1021 |
(E) | 1022 |
1023 | |
1024 | |
1025 | |
director of aging may reimburse a member for actual and necessary | 1026 |
traveling and other expenses incurred in the discharge of official | 1027 |
duties. But reimbursement shall be made in the manner and at rates | 1028 |
that do not exceed those prescribed by the director of budget and | 1029 |
management for any officer, member, or employee of, or consultant | 1030 |
to, any state agency. | 1031 |
(F) Council members are not limited as to the number of terms | 1032 |
they may serve. | 1033 |
(G) | 1034 |
1035 | |
The department of aging may award grants to or enter into | 1036 |
contracts with a member of the advisory council or an entity that | 1037 |
the member represents if any of the following apply: | 1038 |
(a) The department determines that the member or the entity | 1039 |
the member represents is capable of providing the goods or | 1040 |
services specified under the terms of the grant or contract. | 1041 |
(b) The member has not taken part in any discussion or vote | 1042 |
of the council related to whether the council should recommend | 1043 |
that the department of aging award the grant to or enter into the | 1044 |
contract with the member of the advisory council or the entity | 1045 |
that the member represents. | 1046 |
(2) A member of the advisory council is not in violation of | 1047 |
Chapter 102. or section 2921.42 of the Revised Code with regard to | 1048 |
receiving a grant or entering into a contract under this section | 1049 |
if the conditions of division (G)(1)(a) and (b) of this section | 1050 |
have been met. | 1051 |
Sec. 173.04. (A) As used in this section, "respite care" | 1052 |
means short-term, temporary care or supervision provided to a | 1053 |
person who has Alzheimer's disease in the absence of the person | 1054 |
who normally provides that care or supervision. | 1055 |
(B) Through the internet web site maintained by the | 1056 |
department of aging, the director of aging shall disseminate | 1057 |
Alzheimer's disease training materials for licensed physicians, | 1058 |
registered nurses, licensed practical nurses, administrators of | 1059 |
health care programs, social workers, and other health care and | 1060 |
social service personnel who participate or assist in the care or | 1061 |
treatment of persons who have Alzheimer's disease. The training | 1062 |
materials disseminated through the web site may be developed by | 1063 |
the director or obtained from other sources. | 1064 |
(C) To the extent funds are available, the director shall | 1065 |
administer respite care programs and other supportive services for | 1066 |
persons who have Alzheimer's disease and their families or care | 1067 |
givers. Respite care programs shall be approved by the director | 1068 |
and shall be provided for the following purposes: | 1069 |
(1) Giving persons who normally provide care or supervision | 1070 |
for a person who has Alzheimer's disease relief from the stresses | 1071 |
and responsibilities that result from providing such care; | 1072 |
(2) Preventing or reducing inappropriate institutional care | 1073 |
and enabling persons who have Alzheimer's disease to remain at | 1074 |
home as long as possible. | 1075 |
(D) The director may provide services under this section to | 1076 |
persons with Alzheimer's disease and their families regardless of | 1077 |
the age of the persons with Alzheimer's disease. | 1078 |
(E) The director | 1079 |
Chapter 119. of the Revised Code governing respite care programs | 1080 |
and other supportive services, the distribution of funds, and the | 1081 |
purpose for which funds may be utilized under this section. | 1082 |
| 1083 |
1084 | |
1085 |
| 1086 |
1087 |
| 1088 |
1089 | |
1090 |
| 1091 |
1092 |
| 1093 |
1094 | |
1095 |
Sec. 2953.08. (A) In addition to any other right to appeal | 1096 |
and except as provided in division (D) of this section, a | 1097 |
defendant who is convicted of or pleads guilty to a felony may | 1098 |
appeal as a matter of right the sentence imposed upon the | 1099 |
defendant on one of the following grounds: | 1100 |
(1) The sentence consisted of or included the maximum prison | 1101 |
term allowed for the offense by division (A) of section 2929.14 or | 1102 |
section 2929.142 of the Revised Code, the sentence was not imposed | 1103 |
pursuant to division (D)(3)(b) of section 2929.14 of the Revised | 1104 |
Code, the maximum prison term was not required for the offense | 1105 |
pursuant to Chapter 2925. or any other provision of the Revised | 1106 |
Code, and the court imposed the sentence under one of the | 1107 |
following circumstances: | 1108 |
(a) The sentence was imposed for only one offense. | 1109 |
(b) The sentence was imposed for two or more offenses arising | 1110 |
out of a single incident, and the court imposed the maximum prison | 1111 |
term for the offense of the highest degree. | 1112 |
(2) The sentence consisted of or included a prison term, the | 1113 |
offense for which it was imposed is a felony of the fourth or | 1114 |
fifth degree or is a felony drug offense that is a violation of a | 1115 |
provision of Chapter 2925. of the Revised Code and that is | 1116 |
specified as being subject to division (B) of section 2929.13 of | 1117 |
the Revised Code for purposes of sentencing, and the court did not | 1118 |
specify at sentencing that it found one or more factors specified | 1119 |
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised | 1120 |
Code to apply relative to the defendant. If the court specifies | 1121 |
that it found one or more of those factors to apply relative to | 1122 |
the defendant, the defendant is not entitled under this division | 1123 |
to appeal as a matter of right the sentence imposed upon the | 1124 |
offender. | 1125 |
(3) The person was convicted of or pleaded guilty to a | 1126 |
violent sex offense or a designated homicide, assault, or | 1127 |
kidnapping offense, was adjudicated a sexually violent predator in | 1128 |
relation to that offense, and was sentenced pursuant to division | 1129 |
(A)(3) of section 2971.03 of the Revised Code, if the minimum term | 1130 |
of the indefinite term imposed pursuant to division (A)(3) of | 1131 |
section 2971.03 of the Revised Code is the longest term available | 1132 |
for the offense from among the range of terms listed in section | 1133 |
2929.14 of the Revised Code. As used in this division, "designated | 1134 |
homicide, assault, or kidnapping offense" and "violent sex | 1135 |
offense" have the same meanings as in section 2971.01 of the | 1136 |
Revised Code. As used in this division, "adjudicated a sexually | 1137 |
violent predator" has the same meaning as in section 2929.01 of | 1138 |
the Revised Code, and a person is "adjudicated a sexually violent | 1139 |
predator" in the same manner and the same circumstances as are | 1140 |
described in that section. | 1141 |
(4) The sentence is contrary to law. | 1142 |
(5) The sentence consisted of an additional prison term of | 1143 |
ten years imposed pursuant to division (D)(2)(a) of section | 1144 |
2929.14 of the Revised Code. | 1145 |
(6) The sentence consisted of an additional prison term of | 1146 |
ten years imposed pursuant to division (D)(3)(b) of section | 1147 |
2929.14 of the Revised Code. | 1148 |
(B) In addition to any other right to appeal and except as | 1149 |
provided in division (D) of this section, a prosecuting attorney, | 1150 |
a city director of law, village solicitor, or similar chief legal | 1151 |
officer of a municipal corporation, or the attorney general, if | 1152 |
one of those persons prosecuted the case, may appeal as a matter | 1153 |
of right a sentence imposed upon a defendant who is convicted of | 1154 |
or pleads guilty to a felony or, in the circumstances described in | 1155 |
division (B)(3) of this section the modification of a sentence | 1156 |
imposed upon such a defendant, on any of the following grounds: | 1157 |
(1) The sentence did not include a prison term despite a | 1158 |
presumption favoring a prison term for the offense for which it | 1159 |
was imposed, as set forth in section 2929.13 or Chapter 2925. of | 1160 |
the Revised Code. | 1161 |
(2) The sentence is contrary to law. | 1162 |
(3) The sentence is a modification under section 2929.20 of | 1163 |
the Revised Code of a sentence that was imposed for a felony of | 1164 |
the first or second degree. | 1165 |
(C)(1) In addition to the right to appeal a sentence granted | 1166 |
under division (A) or (B) of this section, a defendant who is | 1167 |
convicted of or pleads guilty to a felony may seek leave to appeal | 1168 |
a sentence imposed upon the defendant on the basis that the | 1169 |
sentencing judge has imposed consecutive sentences under division | 1170 |
(E)(3) or (4) of section 2929.14 of the Revised Code and that the | 1171 |
consecutive sentences exceed the maximum prison term allowed by | 1172 |
division (A) of that section for the most serious offense of which | 1173 |
the defendant was convicted. Upon the filing of a motion under | 1174 |
this division, the court of appeals may grant leave to appeal the | 1175 |
sentence if the court determines that the allegation included as | 1176 |
the basis of the motion is true. | 1177 |
(2) A defendant may seek leave to appeal an additional | 1178 |
sentence imposed upon the defendant pursuant to division (D)(2)(a) | 1179 |
or (b) of section 2929.14 of the Revised Code if the additional | 1180 |
sentence is for a definite prison term that is longer than five | 1181 |
years. | 1182 |
(D)(1) A sentence imposed upon a defendant is not subject to | 1183 |
review under this section if the sentence is authorized by law, | 1184 |
has been recommended jointly by the defendant and the prosecution | 1185 |
in the case, and is imposed by a sentencing judge. | 1186 |
(2) Except as provided in division (C)(2) of this section, a | 1187 |
sentence imposed upon a defendant is not subject to review under | 1188 |
this section if the sentence is imposed pursuant to division | 1189 |
(D)(2)(b) of section 2929.14 of the Revised Code. Except as | 1190 |
otherwise provided in this division, a defendant retains all | 1191 |
rights to appeal as provided under this chapter or any other | 1192 |
provision of the Revised Code. A defendant has the right to appeal | 1193 |
under this chapter or any other provision of the Revised Code the | 1194 |
court's application of division (D)(2)(c) of section 2929.14 of | 1195 |
the Revised Code. | 1196 |
(3) A sentence imposed for aggravated murder or murder | 1197 |
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not | 1198 |
subject to review under this section. | 1199 |
(E) A defendant, prosecuting attorney, city director of law, | 1200 |
village solicitor, or chief municipal legal officer shall file an | 1201 |
appeal of a sentence under this section to a court of appeals | 1202 |
within the time limits specified in Rule 4(B) of the Rules of | 1203 |
Appellate Procedure, provided that if the appeal is pursuant to | 1204 |
division (B)(3) of this section, the time limits specified in that | 1205 |
rule shall not commence running until the court grants the motion | 1206 |
that makes the sentence modification in question. A sentence | 1207 |
appeal under this section shall be consolidated with any other | 1208 |
appeal in the case. If no other appeal is filed, the court of | 1209 |
appeals may review only the portions of the trial record that | 1210 |
pertain to sentencing. | 1211 |
(F) On the appeal of a sentence under this section, the | 1212 |
record to be reviewed shall include all of the following, as | 1213 |
applicable: | 1214 |
(1) Any presentence, psychiatric, or other investigative | 1215 |
report that was submitted to the court in writing before the | 1216 |
sentence was imposed. An appellate court that reviews a | 1217 |
presentence investigation report prepared pursuant to section | 1218 |
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in | 1219 |
connection with the appeal of a sentence under this section shall | 1220 |
comply with division (D)(3) of section 2951.03 of the Revised Code | 1221 |
when the appellate court is not using the presentence | 1222 |
investigation report, and the appellate court's use of a | 1223 |
presentence investigation report of that nature in connection with | 1224 |
the appeal of a sentence under this section does not affect the | 1225 |
otherwise confidential character of the contents of that report as | 1226 |
described in division (D)(1) of section 2951.03 of the Revised | 1227 |
Code and does not cause that report to become a public record, as | 1228 |
defined in section 149.43 of the Revised Code, following the | 1229 |
appellate court's use of the report. | 1230 |
(2) The trial record in the case in which the sentence was | 1231 |
imposed; | 1232 |
(3) Any oral or written statements made to or by the court at | 1233 |
the sentencing hearing at which the sentence was imposed; | 1234 |
(4) Any written findings that the court was required to make | 1235 |
in connection with the modification of the sentence pursuant to a | 1236 |
judicial release under division (I) of section 2929.20 of the | 1237 |
Revised Code. | 1238 |
(G)(1) If the sentencing court was required to make the | 1239 |
findings required by division (B) or (D) of section 2929.13, | 1240 |
division (D)(2)(e) or (E)(4) of section 2929.14, or division (I) | 1241 |
of section 2929.20 of the Revised Code relative to the imposition | 1242 |
or modification of the sentence, and if the sentencing court | 1243 |
failed to state the required findings on the record, the court | 1244 |
hearing an appeal under division (A), (B), or (C) of this section | 1245 |
shall remand the case to the sentencing court and instruct the | 1246 |
sentencing court to state, on the record, the required findings. | 1247 |
(2) The court hearing an appeal under division (A), (B), or | 1248 |
(C) of this section shall review the record, including the | 1249 |
findings underlying the sentence or modification given by the | 1250 |
sentencing court. | 1251 |
The appellate court may increase, reduce, or otherwise modify | 1252 |
a sentence that is appealed under this section or may vacate the | 1253 |
sentence and remand the matter to the sentencing court for | 1254 |
resentencing. The appellate court's standard for review is not | 1255 |
whether the sentencing court abused its discretion. The appellate | 1256 |
court may take any action authorized by this division if it | 1257 |
clearly and convincingly finds either of the following: | 1258 |
(a) That the record does not support the sentencing court's | 1259 |
findings under division (B) or (D) of section 2929.13, division | 1260 |
(D)(2)(e) or (E)(4) of section 2929.14, or division (I) of section | 1261 |
2929.20 of the Revised Code, whichever, if any, is relevant; | 1262 |
(b) That the sentence is otherwise contrary to law. | 1263 |
(H) A judgment or final order of a court of appeals under | 1264 |
this section may be appealed, by leave of court, to the supreme | 1265 |
court. | 1266 |
(I)(1) There is hereby established the felony sentence appeal | 1267 |
cost oversight committee, consisting of eight members. One member | 1268 |
shall be the chief justice of the supreme court or a | 1269 |
representative of the court designated by the chief justice, one | 1270 |
member shall be a member of the senate appointed by the president | 1271 |
of the senate, one member shall be a member of the house of | 1272 |
representatives appointed by the speaker of the house of | 1273 |
representatives, one member shall be the director of budget and | 1274 |
management or a representative of the office of budget and | 1275 |
management designated by the director, one member shall be a judge | 1276 |
of a court of appeals, court of common pleas, municipal court, or | 1277 |
county court appointed by the chief justice of the supreme court, | 1278 |
one member shall be the state public defender or a representative | 1279 |
of the office of the state public defender designated by the state | 1280 |
public defender, one member shall be a prosecuting attorney | 1281 |
appointed by the Ohio prosecuting attorneys association, and one | 1282 |
member shall be a county commissioner appointed by the county | 1283 |
commissioners association of Ohio. No more than three of the | 1284 |
appointed members of the committee may be members of the same | 1285 |
political party. | 1286 |
The president of the senate, the speaker of the house of | 1287 |
representatives, the chief justice of the supreme court, the Ohio | 1288 |
prosecuting attorneys association, and the county commissioners | 1289 |
association of Ohio shall make the initial appointments to the | 1290 |
committee of the appointed members no later than ninety days after | 1291 |
July 1, 1996. Of those initial appointments to the committee, the | 1292 |
members appointed by the speaker of the house of representatives | 1293 |
and the Ohio prosecuting attorneys association shall serve a term | 1294 |
ending two years after July 1, 1996, the member appointed by the | 1295 |
chief justice of the supreme court shall serve a term ending three | 1296 |
years after July 1, 1996, and the members appointed by the | 1297 |
president of the senate and the county commissioners association | 1298 |
of Ohio shall serve terms ending four years after July 1, 1996. | 1299 |
Thereafter, terms of office of the appointed members shall be for | 1300 |
four years, with each term ending on the same day of the same | 1301 |
month as did the term that it succeeds. Members may be | 1302 |
reappointed. Vacancies shall be filled in the same manner provided | 1303 |
for original appointments. A member appointed to fill a vacancy | 1304 |
occurring prior to the expiration of the term for which that | 1305 |
member's predecessor was appointed shall hold office as a member | 1306 |
for the remainder of the predecessor's term. An appointed member | 1307 |
shall continue in office subsequent to the expiration date of that | 1308 |
member's term until that member's successor takes office or until | 1309 |
a period of sixty days has elapsed, whichever occurs first. | 1310 |
If the chief justice of the supreme court, the director of | 1311 |
the office of budget and management, or the state public defender | 1312 |
serves as a member of the committee, that person's term of office | 1313 |
as a member shall continue for as long as that person holds office | 1314 |
as chief justice, director of the office of budget and management, | 1315 |
or state public defender. If the chief justice of the supreme | 1316 |
court designates a representative of the court to serve as a | 1317 |
member, the director of budget and management designates a | 1318 |
representative of the office of budget and management to serve as | 1319 |
a member, or the state public defender designates a representative | 1320 |
of the office of the state public defender to serve as a member, | 1321 |
the person so designated shall serve as a member of the commission | 1322 |
for as long as the official who made the designation holds office | 1323 |
as chief justice, director of the office of budget and management, | 1324 |
or state public defender or until that official revokes the | 1325 |
designation. | 1326 |
The chief justice of the supreme court or the representative | 1327 |
of the supreme court appointed by the chief justice shall serve as | 1328 |
chairperson of the committee. The committee shall meet within two | 1329 |
weeks after all appointed members have been appointed and shall | 1330 |
organize as necessary. Thereafter, the committee shall meet at | 1331 |
least once every six months or more often upon the call of the | 1332 |
chairperson or the written request of three or more members, | 1333 |
provided that the committee shall not meet unless moneys have been | 1334 |
appropriated to the judiciary budget administered by the supreme | 1335 |
court specifically for the purpose of providing financial | 1336 |
assistance to counties under division (I)(2) of this section and | 1337 |
the moneys so appropriated then are available for that purpose. | 1338 |
The members of the committee shall serve without | 1339 |
compensation, but, if moneys have been appropriated to the | 1340 |
judiciary budget administered by the supreme court specifically | 1341 |
for the purpose of providing financial assistance to counties | 1342 |
under division (I)(2) of this section, each member shall be | 1343 |
reimbursed out of the moneys so appropriated that then are | 1344 |
available for actual and necessary expenses incurred in the | 1345 |
performance of official duties as a committee member. | 1346 |
(2) The | 1347 |
1348 | |
1349 | |
1350 | |
1351 | |
sentence appeal cost oversight committee periodically shall | 1352 |
1353 | |
judiciary budget administered by the supreme court specifically | 1354 |
for the purpose of providing state financial assistance to | 1355 |
counties in accordance with this division for the increase in | 1356 |
expenses the counties experience as a result of the felony | 1357 |
sentence appeal provisions set forth in this section or as a | 1358 |
result of a postconviction relief proceeding brought under | 1359 |
division (A)(2) of section 2953.21 of the Revised Code or an | 1360 |
appeal of a judgment in that proceeding; if it determines that any | 1361 |
money has been so appropriated, determine the total amount of | 1362 |
moneys that have been so appropriated specifically for that | 1363 |
purpose and that then are available for that purpose; and develop | 1364 |
a recommended method of distributing those moneys to the counties. | 1365 |
The committee shall send a copy of its recommendation to the | 1366 |
supreme court. Upon receipt of the committee's recommendation, the | 1367 |
supreme court shall distribute to the counties, based upon that | 1368 |
recommendation, the moneys that have been so appropriated | 1369 |
specifically for the purpose of providing state financial | 1370 |
assistance to counties under this division and that then are | 1371 |
available for that purpose. | 1372 |
Sec. 3302.021. (A) Not earlier than July 1, 2005, and not | 1373 |
later than July 1, 2007, the department of education shall | 1374 |
implement a value-added progress dimension for school districts | 1375 |
and buildings and shall incorporate the value-added progress | 1376 |
dimension into the report cards and performance ratings issued for | 1377 |
districts and buildings under section 3302.03 of the Revised Code. | 1378 |
The state board of education shall adopt rules, pursuant to | 1379 |
Chapter 119. of the Revised Code, for the implementation of the | 1380 |
value-added progress dimension. In adopting rules, the state board | 1381 |
shall consult with the Ohio accountability task force established | 1382 |
under division (E) of this section. The rules adopted under this | 1383 |
division shall specify both of the following: | 1384 |
(1) A scale for describing the levels of academic progress in | 1385 |
reading and mathematics relative to a standard year of academic | 1386 |
growth in those subjects for each of grades three through eight; | 1387 |
(2) That the department shall maintain the confidentiality of | 1388 |
individual student test scores and individual student reports in | 1389 |
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the | 1390 |
Revised Code and federal law. The department may require school | 1391 |
districts to use a unique identifier for each student for this | 1392 |
purpose. Individual student test scores and individual student | 1393 |
reports shall be made available only to a student's classroom | 1394 |
teacher and other appropriate educational personnel and to the | 1395 |
student's parent or guardian. | 1396 |
(B) The department shall use a system designed for collecting | 1397 |
necessary data, calculating the value-added progress dimension, | 1398 |
analyzing data, and generating reports, which system has been used | 1399 |
previously by a | 1400 |
business community for at least one year in the operation of a | 1401 |
pilot program in cooperation with school districts to collect and | 1402 |
report student achievement data via electronic means and to | 1403 |
provide information to the districts regarding the academic | 1404 |
performance of individual students, grade levels, school | 1405 |
buildings, and the districts as a whole. | 1406 |
(C) The department shall not pay more than two dollars per | 1407 |
student for data analysis and reporting to implement the | 1408 |
value-added progress dimension in the same manner and with the | 1409 |
same services as under the pilot program described by division (B) | 1410 |
of this section. However, nothing in this section shall preclude | 1411 |
the department or any school district from entering into a | 1412 |
contract for the provision of more services at a higher fee per | 1413 |
student. Any data analysis conducted under this section by an | 1414 |
entity under contract with the department shall be completed in | 1415 |
accordance with timelines established by the superintendent of | 1416 |
public instruction. | 1417 |
(D) The department shall share any aggregate student data and | 1418 |
any calculation, analysis, or report utilizing aggregate student | 1419 |
data that is generated under this section with the chancellor of | 1420 |
the Ohio board of regents. The department shall not share | 1421 |
individual student test scores and individual student reports with | 1422 |
the chancellor. | 1423 |
(E)(1) There is hereby established the Ohio accountability | 1424 |
task force. The task force shall consist of the following thirteen | 1425 |
members: | 1426 |
(a) The chairpersons and ranking minority members of the | 1427 |
house of representatives and senate standing committees primarily | 1428 |
responsible for education legislation, who shall be nonvoting | 1429 |
members; | 1430 |
(b) One representative of the governor's office, appointed by | 1431 |
the governor; | 1432 |
(c) The superintendent of public instruction, or the | 1433 |
superintendent's designee; | 1434 |
(d) One representative of teacher employee organizations | 1435 |
formed pursuant to Chapter 4117. of the Revised Code, appointed by | 1436 |
the speaker of the house of representatives; | 1437 |
(e) One representative of school district boards of | 1438 |
education, appointed by the president of the senate; | 1439 |
(f) One school district superintendent, appointed by the | 1440 |
speaker of the house of representatives; | 1441 |
(g) One representative of business, appointed by the | 1442 |
president of the senate; | 1443 |
(h) One representative of a | 1444 |
led by the Ohio business community, appointed by the governor; | 1445 |
(i) One school building principal, appointed by the president | 1446 |
of the senate; | 1447 |
(j) A member of the state board of education, appointed by | 1448 |
the speaker of the house of representatives. | 1449 |
Initial appointed members of the task force shall serve until | 1450 |
January 1, 2005. Thereafter, terms of office for appointed members | 1451 |
shall be for two years, each term ending on the same day of the | 1452 |
same month as did the term that it succeeds. Each appointed member | 1453 |
shall hold office from the date of appointment until the end of | 1454 |
the term for which the member was appointed. Members may be | 1455 |
reappointed. Vacancies shall be filled in the same manner as the | 1456 |
original appointment. Any member appointed to fill a vacancy | 1457 |
occurring prior to the expiration of the term for which the | 1458 |
member's predecessor was appointed shall hold office for the | 1459 |
remainder of that term. | 1460 |
The task force shall select from among its members a | 1461 |
chairperson. The task force shall meet at least | 1462 |
each calendar year and at other times upon the call of the | 1463 |
chairperson to conduct its business. Members of the task force | 1464 |
shall serve without compensation. | 1465 |
(2) The task force shall do all of the following: | 1466 |
(a) Examine the implementation of the value-added progress | 1467 |
dimension by the department, including the system described in | 1468 |
division (B) of this section, the reporting of performance data to | 1469 |
school districts and buildings, and the provision of professional | 1470 |
development on the interpretation of the data to classroom | 1471 |
teachers and administrators; | 1472 |
(b) Periodically review any fees for data analysis and | 1473 |
reporting paid by the department pursuant to division (C) of this | 1474 |
section and determine if the fees are appropriate based upon the | 1475 |
level of services provided; | 1476 |
(c) Periodically report to the department and the state board | 1477 |
on all issues related to the school district and building | 1478 |
accountability system established under this chapter; | 1479 |
(d) Not later than seven years after its initial meeting, | 1480 |
make recommendations to improve the school district and building | 1481 |
accountability system established under this chapter. The task | 1482 |
force shall adopt recommendations by a majority vote of its | 1483 |
members. Copies of the recommendations shall be provided to the | 1484 |
state board, the governor, the speaker of the house of | 1485 |
representatives, and the president of the senate. | 1486 |
(e) Determine starting dates for the implementation of the | 1487 |
value-added progress dimension and its incorporation into school | 1488 |
district and building report cards and performance ratings. | 1489 |
Sec. 3311.71. (A) As used in this section and in sections | 1490 |
3311.72 to | 1491 |
(1) "Municipal school district" means a school district that | 1492 |
is or has ever been under a federal court order requiring | 1493 |
supervision and operational, fiscal, and personnel management of | 1494 |
the district by the state superintendent of public instruction. | 1495 |
(2) "Mayor" means the mayor of the municipal corporation | 1496 |
containing the greatest portion of a municipal school district's | 1497 |
territory. | 1498 |
(B) Whenever any municipal school district is released by a | 1499 |
federal court from an order requiring supervision and operational, | 1500 |
fiscal, and personnel management of the district by the state | 1501 |
superintendent, the management and control of that district shall | 1502 |
be assumed, effective immediately, by a new nine-member board of | 1503 |
education. Members of the new board shall be appointed by the | 1504 |
mayor, who shall also designate one member as the chairperson of | 1505 |
the board. In addition to the rights, authority, and duties | 1506 |
conferred upon the chairperson by sections 3311.71 to 3311.76 of | 1507 |
the Revised Code, the chairperson shall have all the rights, | 1508 |
authority, and duties conferred upon the president of a board of | 1509 |
education by the Revised Code that are not inconsistent with | 1510 |
sections 3311.71 to 3311.76 of the Revised Code. | 1511 |
(C) No school board member shall be appointed by the mayor | 1512 |
pursuant to division (B) of this section until the mayor has | 1513 |
received a slate of at least eighteen candidates nominated by a | 1514 |
municipal school district nominating panel, at least three of whom | 1515 |
reside in the municipal school district but not in the municipal | 1516 |
corporation containing the greatest portion of the district's | 1517 |
territory. The municipal school district nominating panel shall be | 1518 |
initially convened and chaired by the state superintendent of | 1519 |
public instruction, who shall serve as a nonvoting member for the | 1520 |
first two years of the panel's existence, and shall consist of | 1521 |
eleven persons selected as follows: | 1522 |
(1) Three parents or guardians of children attending the | 1523 |
schools of the municipal school district appointed by the district | 1524 |
parent-teacher association, or similar organization selected by | 1525 |
the state superintendent; | 1526 |
(2) Three persons appointed by the mayor; | 1527 |
(3) One person appointed by the president of the legislative | 1528 |
body of the municipal corporation containing the greatest portion | 1529 |
of the municipal school district's territory; | 1530 |
(4) One teacher appointed by the collective bargaining | 1531 |
representative of the school district's teachers; | 1532 |
(5) One principal appointed through a vote of the school | 1533 |
district's principals, which vote shall be conducted by the state | 1534 |
superintendent; | 1535 |
(6) One representative of the business community appointed by | 1536 |
an organized collective business entity selected by the mayor; | 1537 |
(7) One president of a public or private institution of | 1538 |
higher education located within the municipal school district | 1539 |
appointed by the state superintendent of public instruction. | 1540 |
The municipal school district nominating panel shall select | 1541 |
one of its members as its chairperson commencing two years after | 1542 |
the date of the first meeting of the panel, at which time the | 1543 |
state superintendent of public instruction shall no longer convene | 1544 |
or chair the panel. Thereafter, the panel shall meet as necessary | 1545 |
to make nominations at the call of the chairperson. All members of | 1546 |
the panel shall serve at the pleasure of the appointing authority. | 1547 |
Vacancies on the panel shall be filled in the same manner as the | 1548 |
initial appointments. | 1549 |
(D) No individual shall be appointed by the mayor pursuant to | 1550 |
division (B) or (F) of this section unless the individual has been | 1551 |
nominated by the nominating panel, resides in the school district, | 1552 |
and holds no elected public office. At any given time, four of the | 1553 |
nine members appointed by the mayor to serve on the board pursuant | 1554 |
to either division (B) or (F) of this section shall have | 1555 |
displayed, prior to appointment, significant expertise in either | 1556 |
the education field, finance, or business management. At all times | 1557 |
at least one member of the board shall be an individual who | 1558 |
resides in the municipal school district but not in the municipal | 1559 |
corporation containing the greatest portion of the district's | 1560 |
territory. | 1561 |
(E) The terms of office of all members appointed by the mayor | 1562 |
pursuant to division (B) of this section shall expire on the next | 1563 |
thirtieth day of June following the referendum election required | 1564 |
by section 3311.73 of the Revised Code. The mayor may, with the | 1565 |
advice and consent of the nominating panel, remove any member | 1566 |
appointed pursuant to that division or division (F) of this | 1567 |
section for cause. | 1568 |
(F) If the voters of the district approve the continuation of | 1569 |
an appointed board at the referendum election required by section | 1570 |
3311.73 of the Revised Code, the mayor shall appoint the members | 1571 |
of a new board from a slate prepared by the nominating panel in | 1572 |
the same manner as the initial board was appointed pursuant to | 1573 |
divisions (B), (C), and (D) of this section. Five of the members | 1574 |
of the new board shall be appointed to four-year terms and the | 1575 |
other four shall be appointed to two-year terms, each term | 1576 |
beginning on the first day of July. Thereafter, the mayor shall | 1577 |
appoint members to four-year terms in the same manner as described | 1578 |
in divisions (B), (C), and (D) of this section. The minimum number | 1579 |
of individuals who shall be on the slate prepared by the | 1580 |
nominating panel for this purpose shall be at least twice the | 1581 |
number of members to be appointed, including at least two who | 1582 |
reside in the municipal school district but not in the municipal | 1583 |
corporation containing the greatest portion of the district's | 1584 |
territory. | 1585 |
(G) In addition to the nine members appointed by the mayor, | 1586 |
the boards appointed pursuant to divisions (B) and (F) of this | 1587 |
section shall include the following nonvoting ex officio members: | 1588 |
(1) If the main campus of a state university specified in | 1589 |
section 3345.011 of the Revised Code is located within the | 1590 |
municipal school district, the president of the university or the | 1591 |
president's designee; | 1592 |
(2) If any community college has its main branch located | 1593 |
within the district, the president of the community college that | 1594 |
has the largest main branch within the district, or the | 1595 |
president's designee. | 1596 |
Sec. 3312.01. (A) The educational regional service system is | 1597 |
hereby established. The system shall support state and regional | 1598 |
education initiatives and efforts to improve school effectiveness | 1599 |
and student achievement. Services, including special education and | 1600 |
related services, shall be provided under the system to school | 1601 |
districts, community schools established under Chapter 3314. of | 1602 |
the Revised Code, and chartered nonpublic schools. | 1603 |
It is the intent of the general assembly that the educational | 1604 |
regional service system reduce the unnecessary duplication of | 1605 |
programs and services and provide for a more streamlined and | 1606 |
efficient delivery of educational services without reducing the | 1607 |
availability of the services needed by school districts and | 1608 |
schools. | 1609 |
(B) The educational regional service system shall consist of | 1610 |
the following: | 1611 |
(1) | 1612 |
1613 |
| 1614 |
sections 3312.03 and 3312.05 of the Revised Code; | 1615 |
| 1616 |
under section 3312.02 of the Revised Code; | 1617 |
| 1618 |
centers established under section 3301.075 of the Revised Code, | 1619 |
and other regional education service providers. | 1620 |
(C) Educational service centers shall provide the services | 1621 |
that they are specifically required to provide by the Revised Code | 1622 |
and may enter into agreements pursuant to section 3313.843, | 1623 |
3313.844, or 3313.845 of the Revised Code for the provision of | 1624 |
other services, which may include any of the following: | 1625 |
(1) Assistance in improving student performance; | 1626 |
(2) Services to enable a school district or school to operate | 1627 |
more efficiently or economically; | 1628 |
(3) Professional development for teachers or administrators; | 1629 |
(4) Assistance in the recruitment and retention of teachers | 1630 |
and administrators; | 1631 |
(5) Any other educational, administrative, or operational | 1632 |
services. | 1633 |
In addition to implementing state and regional education | 1634 |
initiatives and school improvement efforts under the educational | 1635 |
regional service system, educational service centers shall | 1636 |
implement state or federally funded initiatives assigned to the | 1637 |
service centers by the general assembly or the department of | 1638 |
education. | 1639 |
Any educational service center selected to be a fiscal agent | 1640 |
for its region pursuant to section 3312.07 of the Revised Code | 1641 |
shall continue to operate as an educational service center for the | 1642 |
part of the region that comprises its territory. | 1643 |
(D) Information technology centers may enter into agreements | 1644 |
for the provision of services pursuant to section 3312.10 of the | 1645 |
Revised Code. | 1646 |
(E) No school district, community school, or chartered | 1647 |
nonpublic school shall be required to purchase services from an | 1648 |
educational service center or information technology center in the | 1649 |
region in which the district or school is located, except that a | 1650 |
local school district shall receive any services required by the | 1651 |
Revised Code to be provided by an educational service center to | 1652 |
the local school districts in its territory from the educational | 1653 |
service center in whose territory the district is located. | 1654 |
Sec. 3312.09. (A) Each performance contract entered into by | 1655 |
the department of education and the fiscal agent of a region for | 1656 |
implementation of a state or regional education initiative or | 1657 |
school improvement effort shall include the following: | 1658 |
(1) An explanation of how the regional needs and priorities | 1659 |
for educational services have been identified by the advisory | 1660 |
council of the region, the advisory council's subcommittees, and | 1661 |
the department; | 1662 |
(2) A definition of the services to be provided to school | 1663 |
districts, community schools, and chartered nonpublic schools in | 1664 |
the region, including any services provided pursuant to division | 1665 |
(A) of section 3302.04 of the Revised Code; | 1666 |
(3) Expected outcomes from the provision of the services | 1667 |
defined in the contract; | 1668 |
(4) The method the department will use to evaluate whether | 1669 |
the expected outcomes have been achieved; | 1670 |
(5) A requirement that the fiscal agent develop and implement | 1671 |
a corrective action plan if the results of the evaluation are | 1672 |
unsatisfactory; | 1673 |
(6) Data reporting requirements; | 1674 |
(7) The aggregate fees to be charged by the fiscal agent and | 1675 |
any entity with which it subcontracts to cover personnel and | 1676 |
program costs associated with administering the contract, which | 1677 |
fees shall be subject to controlling board approval if in excess | 1678 |
of four per cent of the value of the contract | 1679 |
| 1680 |
1681 | |
1682 |
(B) Upon completion of each evaluation described in a | 1683 |
performance contract, the department shall post the results of | 1684 |
that evaluation on its web site. | 1685 |
Sec. 3313.202. Any elected or appointed member of the board | 1686 |
of education of a school district and the dependent children and | 1687 |
spouse of the member may be covered, at the option of the member, | 1688 |
under any health care plan | 1689 |
1690 | |
1691 | |
for that coverage. | 1692 |
1693 | |
1694 | |
this section shall be in writing, announced at a regular public | 1695 |
meeting of the board of education, and recorded as a public record | 1696 |
in the minutes of the board. | 1697 |
Sec. 3701.025. | 1698 |
handicapped children's medical advisory council consisting of | 1699 |
twenty-one members to be appointed by the director of health for | 1700 |
terms set in accordance with rules adopted by the public health | 1701 |
council under division (A)(11) of section 3701.021 of the Revised | 1702 |
Code. The medically handicapped children's medical advisory | 1703 |
council shall advise the director regarding the administration of | 1704 |
the program for medically handicapped children, the suitable | 1705 |
quality of medical practice for providers, and the requirements | 1706 |
for medical eligibility for the program. | 1707 |
All members of the council shall be licensed physicians, | 1708 |
surgeons, dentists, and other professionals in the field of | 1709 |
medicine, representative of the various disciplines involved in | 1710 |
the treatment of children with medically handicapping conditions, | 1711 |
and representative of the treatment facilities involved, such as | 1712 |
hospitals, private and public health clinics, and private | 1713 |
physicians' offices, and shall be eligible for the program. | 1714 |
Members of the council shall receive no compensation, but | 1715 |
shall receive their actual and necessary travel expenses incurred | 1716 |
in the performance of their official duties in accordance with the | 1717 |
rules of the office of budget and management. | 1718 |
| 1719 |
1720 | |
1721 | |
1722 | |
1723 | |
1724 | |
1725 | |
1726 | |
1727 | |
1728 | |
1729 | |
1730 |
Sec. 3701.63. (A) As used in this section and section 3701.64 | 1731 |
of the Revised Code: | 1732 |
(1) "Child day-care center," "type A family day-care home," | 1733 |
and "certified type B family day-care home" have the same meanings | 1734 |
as in section 5104.01 of the Revised Code. | 1735 |
(2) "Child care facility" means a child day-care center, a | 1736 |
type A family day-care home, or a certified type B family day-care | 1737 |
home. | 1738 |
(3) "Freestanding birthing center" has the same meaning as in | 1739 |
section 3702.51 of the Revised Code. | 1740 |
(4) "Hospital" means a hospital classified pursuant to rules | 1741 |
adopted under section 3701.07 of the Revised Code as a general | 1742 |
hospital or children's hospital. | 1743 |
(5) "Maternity unit" means any unit or place in a hospital | 1744 |
where women are regularly received and provided care during all or | 1745 |
part of the maternity cycle, except that "maternity unit" does not | 1746 |
include an emergency department or similar place dedicated to | 1747 |
providing emergency health care. | 1748 |
(6) "Parent" means either parent, unless the parents are | 1749 |
separated or divorced or their marriage has been dissolved or | 1750 |
annulled, in which case "parent" means the parent who is the | 1751 |
residential parent and legal custodian of the child. "Parent" also | 1752 |
means a prospective adoptive parent with whom a child is placed. | 1753 |
(7) "Shaken Baby Syndrome" means signs and symptoms, | 1754 |
including, but not limited to, retinal hemorrhages in one or both | 1755 |
eyes, subdural hematoma, or brain swelling, resulting from the | 1756 |
violent shaking or the shaking and impacting of the head of an | 1757 |
infant or small child. | 1758 |
(B) The director of health shall establish the shaken baby | 1759 |
syndrome education program by doing all of the following: | 1760 |
(1) By not later than one year after | 1761 |
1762 | |
1763 | |
educational materials that present readily comprehendible | 1764 |
information on shaken baby syndrome; | 1765 |
(2) Making available on the department of health web site in | 1766 |
an easily accessible format the educational materials developed | 1767 |
under division (B)(1) of this section; | 1768 |
(3) Beginning in 2009, annually assessing the effectiveness | 1769 |
of the shaken baby syndrome education program by evaluating the | 1770 |
reports received pursuant to section 5101.135 of the Revised Code. | 1771 |
(C) In meeting the requirements under division (B) of this | 1772 |
section, the director shall not develop educational materials that | 1773 |
will impose an administrative or financial burden on any of the | 1774 |
entities or persons listed in section 3701.64 of the Revised Code. | 1775 |
| 1776 |
1777 | |
1778 | |
1779 | |
1780 |
| 1781 |
| 1782 |
1783 |
| 1784 |
1785 |
| 1786 |
| 1787 |
| 1788 |
| 1789 |
1790 | |
1791 | |
1792 | |
1793 |
Sec. 3727.312. The hospital measures advisory council shall | 1794 |
do all of the following: | 1795 |
(A) Study the issue of hospitals reporting information | 1796 |
regarding their performance in meeting measures for hospital | 1797 |
inpatient and outpatient services, including how such reports are | 1798 |
made in other states; | 1799 |
(B) Not later than one year after the date the last of the | 1800 |
initial council members is appointed, issue a report to the | 1801 |
director of health with recommendations for all of the following: | 1802 |
(1) Collecting, pursuant to section 3727.33 of the Revised | 1803 |
Code, information from hospitals that shows their performance in | 1804 |
meeting measures for hospital inpatient and outpatient services; | 1805 |
(2) The audits conducted pursuant to section 3727.331 of the | 1806 |
Revised Code; | 1807 |
(3) Disseminating information about the performance of | 1808 |
hospitals in meeting the measures, including effective methods of | 1809 |
displaying information on any internet web site established under | 1810 |
section 3727.39 of the Revised Code; | 1811 |
(4) Explaining to the public how to use the information about | 1812 |
the performance of hospitals in meeting the measures, including | 1813 |
explanations about the limitations of the information. | 1814 |
(C) Provide the director of health ongoing advice on all of | 1815 |
the following: | 1816 |
(1) The issue of hospitals reporting information regarding | 1817 |
their performance in meeting measures for hospital inpatient and | 1818 |
outpatient services; | 1819 |
(2) Disseminating the information reported by hospitals; | 1820 |
(3) Making improvements to the reports and dissemination of | 1821 |
information; | 1822 |
(4) Making changes to the information collection requirements | 1823 |
and dissemination methods; | 1824 |
(5) Recommendations regarding measurers for children's | 1825 |
hospital inpatient and outpatient services. | 1826 |
(D) Convene a group of health care consumers, nurses, and | 1827 |
experts in infection control, the members of which shall be | 1828 |
appointed by the council according to a method selected by the | 1829 |
council, to provide information about infection issues to the | 1830 |
council as needed for the council to perform its duties. | 1831 |
Sec. 3737.03. The state fire | 1832 |
of the following: | 1833 |
(A) Conduct research, make and publish reports on fire | 1834 |
safety, and recommend to the governor, the general assembly, the | 1835 |
board of building standards, and other state agencies, any needed | 1836 |
changes in the laws, rules, or administrative policies relating to | 1837 |
fire safety; | 1838 |
(B) Recommend revisions in the rules included in the state | 1839 |
fire code adopted by the fire marshal. The recommendations may | 1840 |
propose the adoption of new rules or the amendment or repeal of | 1841 |
existing rules. The | 1842 |
recommendations in the office of the fire marshal, and, within | 1843 |
sixty days after the recommendations are filed, the fire marshal | 1844 |
shall file with the chairperson of the | 1845 |
marshal's comments on, and proposed action in response to, the | 1846 |
recommendations. | 1847 |
(C) Maintain the Ohio fire service hall of fame. In | 1848 |
maintaining the hall of fame, the | 1849 |
official commendations that recognize and commemorate exemplary | 1850 |
accomplishments and acts of heroism by firefighters and other | 1851 |
persons at fire-related incidents or similar events occurring in | 1852 |
the state. The | 1853 |
guidelines for selecting individuals for that recognition and | 1854 |
commemoration. The recognition and commemoration of individuals | 1855 |
may occur annually and include an annual awards ceremony. The | 1856 |
expenses associated with the recognition and commemoration of | 1857 |
individuals shall be paid in accordance with division (F) of | 1858 |
section 3737.81 of the Revised Code. | 1859 |
Sec. 3737.21. (A) The director of the department of commerce | 1860 |
shall appoint, from names submitted to the director by the state | 1861 |
fire | 1862 |
pleasure of the director and shall possess the following | 1863 |
qualifications: | 1864 |
(1) A degree from an accredited college or university with | 1865 |
specialized study in either the field of fire protection or fire | 1866 |
protection engineering, or the equivalent qualifications | 1867 |
determined from training, experience, and duties in a fire | 1868 |
service; | 1869 |
(2) Five years of recent, progressively more responsible | 1870 |
experience in fire inspection, fire code enforcement, fire | 1871 |
investigation, fire protection engineering, teaching of fire | 1872 |
safety engineering, or fire fighting. | 1873 |
(B) When a vacancy occurs in the position of fire marshal, | 1874 |
the director shall notify the state fire | 1875 |
1876 | |
regular mail to all fire chiefs and fire protection engineers | 1877 |
known to the
| 1878 |
ascertained by the
| 1879 |
diligence. The | 1880 |
after mailing the notification, shall compile a list of all | 1881 |
applicants for the position of fire marshal who are qualified | 1882 |
under this section. The
| 1883 |
of at least three persons on the list to the director. The | 1884 |
director shall appoint the fire marshal from the list of at least | 1885 |
three names or may request the
| 1886 |
additional names. | 1887 |
Sec. 3737.81. (A) There is hereby created the state fire | 1888 |
1889 | |
the governor with the advice and consent of the senate. The fire | 1890 |
marshal or chief deputy fire marshal, a representative designated | 1891 |
by the department of public safety who has tenure in fire | 1892 |
suppression, and a representative designated by the board of | 1893 |
building standards shall be ex officio members. Of the initial | 1894 |
appointments made to the | 1895 |
term ending one year after November 1, 1978, two shall be for a | 1896 |
term ending two years after that date, two shall be for a term | 1897 |
ending three years after that date, two shall be for a term ending | 1898 |
four years after that date, and two shall be for a term ending | 1899 |
five years after that date. Thereafter, terms of office shall be | 1900 |
for five years, each term ending on the same day of the same month | 1901 |
of the year as did the term which it succeeds. Each member shall | 1902 |
hold office from the date of appointment until the end of the term | 1903 |
for which the member was appointed. Any member appointed to fill a | 1904 |
vacancy occurring prior to the expiration of the term for which | 1905 |
the member's predecessor was appointed shall hold office for the | 1906 |
remainder of that term. Any member shall continue in office | 1907 |
subsequent to the expiration date of the member's term until a | 1908 |
successor takes office, or until a period of sixty days has | 1909 |
elapsed, whichever occurs first. Members shall be qualified by | 1910 |
experience and training to deal with the matters that are the | 1911 |
responsibility of the | 1912 |
members of paid fire services, one shall be a member of volunteer | 1913 |
fire services, two shall be mayors, managers, or members of | 1914 |
legislative authorities of municipal corporations, one shall | 1915 |
represent commerce and industry, one shall be a representative of | 1916 |
a fire insurance company domiciled in this state, one shall | 1917 |
represent the flammable liquids industry, one shall represent the | 1918 |
construction industry, and one shall represent the public. At no | 1919 |
time shall more than six members be members of or associated with | 1920 |
the same political party. Membership on the | 1921 |
shall not constitute holding a public office, and no person shall | 1922 |
forfeit or otherwise vacate the person's office or position of | 1923 |
employment because of membership on the | 1924 |
(B) The ex officio members may not vote, except that the fire | 1925 |
marshal or chief deputy fire marshal may vote in case of a tie. | 1926 |
(C) Each member of the | 1927 |
officio members, shall be paid an amount fixed pursuant to | 1928 |
division (J) of section 124.15 of the Revised Code, and the | 1929 |
member's actual and necessary expenses. | 1930 |
(D) The | 1931 |
vice-chairperson from among its members. No business may be | 1932 |
transacted in the absence of a quorum. A quorum shall be at least | 1933 |
six members, excluding ex officio members, and shall include | 1934 |
either the chairperson or vice-chairperson. The | 1935 |
shall hold regular meetings at least once every two months and may | 1936 |
meet at any other time at the call of the chairperson. | 1937 |
(E) The fire marshal shall provide the | 1938 |
with office space, meeting rooms, staff, and clerical assistance | 1939 |
necessary for the | 1940 |
1941 | |
under division (C) of section 3737.03 of the Revised Code, the | 1942 |
fire marshal shall preserve, in an appropriate manner, in the | 1943 |
office space or meeting rooms provided to the | 1944 |
under this division or in another location, copies of all official | 1945 |
commendations awarded to individuals recognized and commemorated | 1946 |
for their exemplary accomplishments and acts of heroism at | 1947 |
fire-related incidents or similar events that occurred in this | 1948 |
state. | 1949 |
(F) If the | 1950 |
hall of fame under division (C) of section 3737.03 of the Revised | 1951 |
Code, the expenses incurred for the recognition and commemoration | 1952 |
of individuals for their exemplary accomplishments and acts of | 1953 |
heroism at fire-related incidents or similar events that occurred | 1954 |
in this state, including, but not limited to, expenses for | 1955 |
official commendations and an annual awards ceremony as described | 1956 |
in division (B) of section 3737.03 of the Revised Code, may be | 1957 |
paid from moneys appropriated by the general assembly for purposes | 1958 |
of that recognition and commemoration, from moneys that are | 1959 |
available to the fire marshal under this chapter, or from other | 1960 |
funding sources available to the | 1961 |
Sec. 3737.86. (A) As used in this section, "rule" includes | 1962 |
the adoption, amendment, or repeal of any rule by the fire marshal | 1963 |
under sections 3737.82 to 3737.86 of the Revised Code, regardless | 1964 |
of whether or not the rule is included in the state fire code. | 1965 |
(B) The fire marshal shall adopt rules in accordance with | 1966 |
Chapter 119. of the Revised Code. In adopting rules, the fire | 1967 |
marshal shall consider and make appropriate findings with respect | 1968 |
to the degree and nature of the risk of injury that the rule is | 1969 |
designed to prevent or reduce, the approximate number of products | 1970 |
or types or classes of products subject to the rule, the public | 1971 |
need for the products involved, the probable effect of the rule on | 1972 |
the utility, cost, or availability of such product, and any means | 1973 |
of achieving the objective of the rule that will minimize adverse | 1974 |
effects on competition or disruption or dislocation of | 1975 |
manufacturing and other commercial practices. The minimum | 1976 |
standards embodied in the rules shall be published in such a | 1977 |
manner as to assure that all interested parties have a reasonable | 1978 |
opportunity to be informed of the standards so established. | 1979 |
(C) The fire marshal shall file a copy of the full text of | 1980 |
any proposed rule with the | 1981 |
1982 | |
rule until the
| 1983 |
fire marshal recommendations for revisions in the proposed rule or | 1984 |
until a period of sixty days has elapsed since the proposed rule | 1985 |
was filed with the | 1986 |
whichever occurs first. The fire marshal shall consider any | 1987 |
recommendations made by the | 1988 |
proposed rule, but may accept, reject, or modify the | 1989 |
recommendations. | 1990 |
Sec. 3737.88. (A)(1) The fire marshal shall have | 1991 |
responsibility for implementation of the underground storage tank | 1992 |
program and corrective action program for releases from | 1993 |
underground petroleum storage tanks established by the "Resource | 1994 |
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A. | 1995 |
6901, as amended. To implement the program, the fire marshal may | 1996 |
adopt, amend, and rescind such rules, conduct such inspections, | 1997 |
require annual registration of underground storage tanks, issue | 1998 |
such citations and orders to enforce those rules, enter into | 1999 |
environmental covenants in accordance with sections 5301.80 to | 2000 |
5301.92 of the Revised Code, and perform such other duties, as are | 2001 |
consistent with those programs. The fire marshal, by rule, may | 2002 |
delegate the authority to conduct inspections of underground | 2003 |
storage tanks to certified fire safety inspectors. | 2004 |
(2) In the place of any rules regarding release containment | 2005 |
and release detection for underground storage tanks adopted under | 2006 |
division (A)(1) of this section, the fire marshal, by rule, shall | 2007 |
designate areas as being sensitive for the protection of human | 2008 |
health and the environment and adopt alternative rules regarding | 2009 |
release containment and release detection methods for new and | 2010 |
upgraded underground storage tank systems located in those areas. | 2011 |
In designating such areas, the fire marshal shall take into | 2012 |
consideration such factors as soil conditions, hydrogeology, water | 2013 |
use, and the location of public and private water supplies. Not | 2014 |
later than July 11, 1990, the fire marshal shall file the rules | 2015 |
required under this division with the secretary of state, director | 2016 |
of the legislative service commission, and joint committee on | 2017 |
agency rule review in accordance with divisions (B) and (H) of | 2018 |
section 119.03 of the Revised Code. | 2019 |
(B) Before adopting any rule under this section or section | 2020 |
3737.881 or 3737.882 of the Revised Code, the fire marshal shall | 2021 |
file written notice of the proposed rule with the chairperson of | 2022 |
the state fire | 2023 |
notice is filed, the | 2024 |
comments on and may recommend alternative or supplementary rules | 2025 |
to the fire marshal. At the end of the sixty-day period or upon | 2026 |
the filing of responses, comments, or recommendations by the | 2027 |
2028 | |
the | 2029 |
recommended by the | 2030 |
(C) The state fire | 2031 |
of action to be taken by the fire marshal in carrying out the fire | 2032 |
marshal's duties under this section. The | 2033 |
file its recommendations in the office of the fire marshal, and, | 2034 |
within sixty days after the recommendations are filed, the fire | 2035 |
marshal shall file with the chairperson of the | 2036 |
comments on, and proposed action in response to, the | 2037 |
recommendations. | 2038 |
(D) For the purpose of sections 3737.87 to 3737.89 of the | 2039 |
Revised Code, the fire marshal shall adopt, and may amend and | 2040 |
rescind, rules identifying or listing hazardous substances. The | 2041 |
rules shall be consistent with and equivalent in scope, coverage, | 2042 |
and content to regulations identifying or listing hazardous | 2043 |
substances adopted under the "Comprehensive Environmental | 2044 |
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779, | 2045 |
42 U.S.C.A. 9602, as amended, except that the fire marshal shall | 2046 |
not identify or list as a hazardous substance any hazardous waste | 2047 |
identified or listed in rules adopted under division (A) of | 2048 |
section 3734.12 of the Revised Code. | 2049 |
(E) Notwithstanding any provision of the laws of this state | 2050 |
to the contrary, the fire marshal has exclusive jurisdiction to | 2051 |
regulate the storage, treatment, and disposal of petroleum | 2052 |
contaminated soil generated from corrective actions undertaken in | 2053 |
response to releases of petroleum. The fire marshal may adopt, | 2054 |
amend, or rescind such rules as the fire marshal considers to be | 2055 |
necessary or appropriate to regulate the storage, treatment, or | 2056 |
disposal of petroleum contaminated soil so generated. | 2057 |
(F) The fire marshal shall adopt, amend, and rescind rules | 2058 |
under sections 3737.88 to 3737.882 of the Revised Code in | 2059 |
accordance with Chapter 119. of the Revised Code. | 2060 |
Sec. 3743.54. (A) A licensed exhibitor of fireworks may | 2061 |
acquire fireworks for use at a public fireworks exhibition only | 2062 |
from a licensed manufacturer of fireworks or licensed wholesaler | 2063 |
of fireworks, and only in accordance with the procedures specified | 2064 |
in this section and section 3743.55 of the Revised Code. | 2065 |
(B)(1) A licensed exhibitor of fireworks who wishes to | 2066 |
conduct a public fireworks exhibition shall apply for approval to | 2067 |
conduct the exhibition to whichever of the following persons is | 2068 |
appropriate under the circumstances: | 2069 |
(a) Unless division (B)(1)(c) or (d) of this section applies, | 2070 |
if the exhibition will take place in a municipal corporation, the | 2071 |
approval shall be obtained from the fire chief, and from the | 2072 |
police chief or other similar chief law enforcement officer, or | 2073 |
the designee of the police chief or similar chief law enforcement | 2074 |
officer, of the particular municipal corporation. | 2075 |
(b) Unless division (B)(1)(c) or (d) of this section applies, | 2076 |
if the exhibition will take place in an unincorporated area, the | 2077 |
approval shall be obtained from the fire chief of the particular | 2078 |
township or township fire district, and from the police chief or | 2079 |
other similar chief law enforcement officer, or the designee of | 2080 |
the police chief or similar chief law enforcement officer, of the | 2081 |
particular township or township police district. | 2082 |
(c) If fire protection services for the premises on which the | 2083 |
exhibition will take place are provided in accordance with a | 2084 |
contract between political subdivisions, the approval shall be | 2085 |
obtained from the fire chief of the political subdivision | 2086 |
providing the fire protection services and from the police chief | 2087 |
or other similar chief law enforcement officer, or the designee of | 2088 |
the police chief or similar chief law enforcement officer, of the | 2089 |
political subdivision in which the premises on which the | 2090 |
exhibition will take place are located. If police services for the | 2091 |
premises on which the exhibition will take place are provided in | 2092 |
accordance with a contract between political subdivisions, the | 2093 |
approval shall be obtained from the police chief or other similar | 2094 |
chief law enforcement officer, or the designee of the police chief | 2095 |
or similar chief law enforcement officer, of the political | 2096 |
subdivision providing the police services and from the fire chief | 2097 |
of the political subdivision in which the premises on which the | 2098 |
exhibition will take place are located. If both fire and police | 2099 |
protection services for the premises on which the exhibition will | 2100 |
take place are provided in accordance with a contract between | 2101 |
political subdivisions, the approval shall be obtained from the | 2102 |
fire chief, and from the police chief or other similar chief law | 2103 |
enforcement officer, or the designee of the police chief or | 2104 |
similar chief law enforcement officer, of the political | 2105 |
subdivisions providing the police and fire protection services. | 2106 |
(d) If there is no municipal corporation, township, or | 2107 |
township fire district fire department, no municipal corporation, | 2108 |
township, or township police district police department, and no | 2109 |
contract for police or fire protection services between political | 2110 |
subdivisions covering the premises on which the exhibition will | 2111 |
take place, the approval shall be obtained from the fire | 2112 |
prevention officer, and from the police chief or other similar | 2113 |
chief law enforcement officer, or the designee of the police chief | 2114 |
or other similar chief law enforcement officer, having | 2115 |
jurisdiction over the premises. | 2116 |
(2) The approval required by division (B)(1) of this section | 2117 |
shall be evidenced by the fire chief or fire prevention officer | 2118 |
and by the police chief or other similar chief law enforcement | 2119 |
officer, or the designee of the police chief or other similar | 2120 |
chief law enforcement officer, signing a permit for the | 2121 |
exhibition. The fire marshal shall prescribe the form of | 2122 |
exhibition permits and distribute copies of the form to fire | 2123 |
chiefs, to fire prevention officers, and to police chiefs or other | 2124 |
similar chief law enforcement officers of municipal corporations, | 2125 |
townships, or township police districts, or their designees, in | 2126 |
this state. Any exhibitor of fireworks who wishes to conduct a | 2127 |
public fireworks exhibition may obtain a copy of the form from the | 2128 |
fire marshal or, if it is available, from a fire chief, a fire | 2129 |
prevention officer, a police chief or other similar chief law | 2130 |
enforcement officer of a municipal corporation, township, or | 2131 |
township police district, or a designee of such a police chief or | 2132 |
other similar chief law enforcement officer. | 2133 |
(C) Before a permit is signed and issued to a licensed | 2134 |
exhibitor of fireworks, the fire chief or fire prevention officer, | 2135 |
in consultation with the police chief or other similar chief law | 2136 |
enforcement officer or with the designee of the police chief or | 2137 |
other similar chief law enforcement officer, shall inspect the | 2138 |
premises on which the exhibition will take place and shall | 2139 |
determine that, in fact, the applicant for the permit is a | 2140 |
licensed exhibitor of fireworks. Each applicant shall show the | 2141 |
applicant's license as an exhibitor of fireworks to the fire chief | 2142 |
or fire prevention officer. | 2143 |
The fire chief or fire prevention officer, and the police | 2144 |
chief or other similar chief law enforcement officer, or the | 2145 |
designee of the police chief or other similar chief law | 2146 |
enforcement officer, shall give approval to conduct a public | 2147 |
fireworks exhibition only if satisfied, based on the inspection, | 2148 |
that the premises on which the exhibition will be conducted allow | 2149 |
the exhibitor to comply with the rules adopted by the fire marshal | 2150 |
pursuant to divisions (B) and (E) of section 3743.53 of the | 2151 |
Revised Code and that the applicant is, in fact, a licensed | 2152 |
exhibitor of fireworks. The fire chief or fire prevention officer, | 2153 |
in consultation with the police chief or other similar chief law | 2154 |
enforcement officer or with the designee of the police chief or | 2155 |
other similar chief law enforcement officer, may inspect the | 2156 |
premises immediately prior to the exhibition to determine if the | 2157 |
exhibitor has complied with the rules, and may revoke a permit for | 2158 |
noncompliance with the rules. | 2159 |
(D) If the legislative authorities of their political | 2160 |
subdivisions have prescribed a fee for the issuance of a permit | 2161 |
for a public fireworks exhibition, fire chiefs or fire prevention | 2162 |
officers, and police chiefs, other similar chief law enforcement | 2163 |
officers, or their designee, shall not issue a permit until the | 2164 |
exhibitor pays the requisite fee. | 2165 |
Each exhibitor shall provide an indemnity bond in the amount | 2166 |
of at least one million dollars, with surety satisfactory to the | 2167 |
fire chief or fire prevention officer and to the police chief or | 2168 |
other similar chief law enforcement officer, or the designee of | 2169 |
the police chief or other similar chief law enforcement officer, | 2170 |
conditioned for the payment of all final judgments that may be | 2171 |
rendered against the exhibitor on account of injury, death, or | 2172 |
loss to persons or property emanating from the fireworks | 2173 |
exhibition, or proof of insurance coverage of at least one million | 2174 |
dollars for liability arising from injury, death, or loss to | 2175 |
persons or property emanating from the fireworks exhibition. The | 2176 |
legislative authority of a political subdivision in which a public | 2177 |
fireworks exhibition will take place may require the exhibitor to | 2178 |
provide an indemnity bond or proof of insurance coverage in | 2179 |
amounts greater than those required by this division. Fire chiefs | 2180 |
or fire prevention officers, and police chiefs, other similar | 2181 |
chief law enforcement officers, or their designee, shall not issue | 2182 |
a permit until the exhibitor provides the bond or proof of the | 2183 |
insurance coverage required by this division or by the political | 2184 |
subdivision in which the fireworks exhibition will take place. | 2185 |
(E)(1) Each permit for a fireworks exhibition issued by a | 2186 |
fire chief or fire prevention officer, and by the police chief or | 2187 |
other similar chief law enforcement officer, or the designee of | 2188 |
the police chief or other similar chief law enforcement officer, | 2189 |
shall contain a distinct number, designate the municipal | 2190 |
corporation, township, or township fire or police district of the | 2191 |
fire chief, fire prevention officer, police chief or other similar | 2192 |
chief law enforcement officer, or designee of the police chief or | 2193 |
other similar chief law enforcement officer, and identify the | 2194 |
certified fire safety inspector, fire chief, or fire prevention | 2195 |
officer who will be present before, during, and after the | 2196 |
exhibition, where appropriate. A copy of each permit issued shall | 2197 |
be forwarded by the fire chief or fire prevention officer, and by | 2198 |
the police chief or other similar chief law enforcement officer, | 2199 |
or the designee of the police chief or other similar chief law | 2200 |
enforcement officer, issuing it to the fire marshal, who shall | 2201 |
keep a record of the permits received. A permit is not | 2202 |
transferable or assignable. | 2203 |
(2) Each fire chief, fire prevention officer, police chief or | 2204 |
other similar chief law enforcement officer, and designee of a | 2205 |
police chief or other similar chief law enforcement officer shall | 2206 |
keep a record of issued permits for fireworks exhibitions. In this | 2207 |
list, the fire chief, fire prevention officer, police chief or | 2208 |
other similar chief law enforcement officer, and designee of a | 2209 |
police chief or other similar chief law enforcement officer shall | 2210 |
list the name of the exhibitor, the exhibitor's license number, | 2211 |
the premises on which the exhibition will be conducted, the date | 2212 |
and time of the exhibition, and the number and political | 2213 |
subdivision designation of the permit issued to the exhibitor for | 2214 |
the exhibition. | 2215 |
(F) The governing authority having jurisdiction in the | 2216 |
location where an exhibition is to take place shall require that a | 2217 |
certified fire safety inspector, fire chief, or fire prevention | 2218 |
officer be present before, during, and after the exhibition, and | 2219 |
shall require the certified fire safety inspector, fire chief, or | 2220 |
fire prevention officer to inspect the premises where the | 2221 |
exhibition is to take place and determine whether the exhibition | 2222 |
is in compliance with this chapter. | 2223 |
(G) Notwithstanding any provision of the Revised Code to the | 2224 |
contrary, the state fire marshal is hereby authorized to create | 2225 |
additional license categories for fireworks exhibitors and to | 2226 |
create additional permit requirements for fireworks exhibitions | 2227 |
for the indoor use of fireworks and other uses of pyrotechnics, | 2228 |
including the use of pyrotechnic materials that do not meet the | 2229 |
definition of fireworks as described in section 3743.01 of the | 2230 |
Revised Code. Such licenses and permits and the fees for such | 2231 |
licenses and permits shall be described in rules adopted by the | 2232 |
fire marshal under Chapter 119. of the Revised Code. Such rules | 2233 |
may provide for different standards for exhibitor licensure and | 2234 |
the permitting and conducting of a fireworks exhibition than the | 2235 |
requirements of this chapter. | 2236 |
| 2237 |
2238 | |
2239 | |
2240 | |
2241 | |
2242 | |
2243 | |
2244 |
Sec. 3746.04. Within one year after September 28, 1994, the | 2245 |
director of environmental protection, in accordance with Chapter | 2246 |
119. of the Revised Code
| 2247 |
2248 | |
2249 | |
rescind, rules that do both of the following: | 2250 |
(A) Revise the rules adopted under Chapters 3704., 3714., | 2251 |
3734., 6109., and 6111. of the Revised Code to incorporate the | 2252 |
provisions necessary to conform those rules to the requirements of | 2253 |
this chapter. The amended rules adopted under this division also | 2254 |
shall establish response times for all submittals to the | 2255 |
environmental protection agency required under this chapter or | 2256 |
rules adopted under it. | 2257 |
(B) Establish requirements and procedures that are reasonably | 2258 |
necessary for the implementation and administration of this | 2259 |
chapter, including, without limitation, all of the following: | 2260 |
(1) Appropriate generic numerical clean-up standards for the | 2261 |
treatment or removal of soils, sediments, and water media for | 2262 |
hazardous substances and petroleum. The rules shall establish | 2263 |
separate generic numerical clean-up standards based upon the | 2264 |
intended use of properties after the completion of voluntary | 2265 |
actions, including industrial, commercial, and residential uses | 2266 |
and such other categories of land use as the director considers to | 2267 |
be appropriate. The generic numerical clean-up standards | 2268 |
established for each category of land use shall be the | 2269 |
concentration of each contaminant that may be present on a | 2270 |
property that shall ensure protection of public health and safety | 2271 |
and the environment for the reasonable exposure for that category | 2272 |
of land use. When developing the standards, the director shall | 2273 |
consider such factors as all of the following: | 2274 |
(a) Scientific information, including, without limitation, | 2275 |
toxicological information and realistic assumptions regarding | 2276 |
human and environmental exposure to hazardous substances or | 2277 |
petroleum; | 2278 |
(b) Climatic factors; | 2279 |
(c) Human activity patterns; | 2280 |
(d) Current statistical techniques; | 2281 |
(e) For petroleum at industrial property, alternatives to the | 2282 |
use of total petroleum hydrocarbons. | 2283 |
The generic numerical clean-up standards established in the | 2284 |
rules adopted under division (B)(1) of this section shall be | 2285 |
consistent with and equivalent in scope, content, and coverage to | 2286 |
any applicable standard established by federal environmental laws | 2287 |
and regulations adopted under them, including, without limitation, | 2288 |
the "Federal Water Pollution Control Act Amendments of 1972," 86 | 2289 |
Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource | 2290 |
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. | 2291 |
6921, as amended; the "Toxic Substances Control Act," 90 Stat. | 2292 |
2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive | 2293 |
Environmental Response, Compensation, and Liability Act of 1980," | 2294 |
94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe | 2295 |
Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as | 2296 |
amended. | 2297 |
In order for the rules adopted under division (B)(1) of this | 2298 |
section to require that any such federal environmental standard | 2299 |
apply to a property, the property shall meet the requirements of | 2300 |
the particular federal statute or regulation involved in the | 2301 |
manner specified by the statute or regulation. | 2302 |
The generic numerical clean-up standards for petroleum at | 2303 |
commercial or residential property shall be the standards | 2304 |
established in rules adopted under division (B) of section | 2305 |
3737.882 of the Revised Code. | 2306 |
(2)(a) Procedures for performing property-specific risk | 2307 |
assessments that would be performed at a property to demonstrate | 2308 |
that the remedy evaluated in a risk assessment results in | 2309 |
protection of public health and safety and the environment instead | 2310 |
of complying with the generic numerical clean-up standards | 2311 |
established in the rules adopted under division (B)(1) of this | 2312 |
section. The risk assessment procedures shall describe a | 2313 |
methodology to establish, on a property-specific basis, allowable | 2314 |
levels of contamination to remain at a property to ensure | 2315 |
protection of public health and safety and the environment on the | 2316 |
property and off the property when the contamination is emanating | 2317 |
off the property, taking into account all of the following: | 2318 |
(i) The implementation of treatment, storage, or disposal, or | 2319 |
a combination thereof, of hazardous substances or petroleum; | 2320 |
(ii) The existence of institutional controls or activity and | 2321 |
use limitations that eliminate or mitigate exposure to hazardous | 2322 |
substances or petroleum through the restriction of access to | 2323 |
hazardous substances or petroleum; | 2324 |
(iii) The existence of engineering controls that eliminate or | 2325 |
mitigate exposure to hazardous substances or petroleum through | 2326 |
containment of, control of, or restrictions of access to hazardous | 2327 |
substances or petroleum, including, without limitation, fences, | 2328 |
cap systems, cover systems, and landscaping. | 2329 |
(b) The risk assessment procedures and levels of acceptable | 2330 |
risk set forth in the rules adopted under division (B)(2) of this | 2331 |
section shall be based upon all of the following: | 2332 |
(i) Scientific information, including, without limitation, | 2333 |
toxicological information and actual or proposed human and | 2334 |
environmental exposure; | 2335 |
(ii) Locational and climatic factors; | 2336 |
(iii) Surrounding land use and human activities; | 2337 |
(iv) Differing levels of remediation that may be required | 2338 |
when an existing land use is continued compared to when a | 2339 |
different land use follows the remediation. | 2340 |
(c) Any standards established pursuant to rules adopted under | 2341 |
division (B)(2) of this section shall be no more stringent than | 2342 |
standards established under the environmental statutes of this | 2343 |
state and rules adopted under them for the same contaminant in the | 2344 |
same environmental medium that are in effect at the time the risk | 2345 |
assessment is conducted. | 2346 |
(3) Minimum standards for phase I property assessments. The | 2347 |
standards shall specify the information needed to demonstrate that | 2348 |
there is no reason to believe that contamination exists on a | 2349 |
property. The rules adopted under division (B)(3) of this section, | 2350 |
at a minimum, shall require that a phase I property assessment | 2351 |
include all of the following: | 2352 |
(a) A review and analysis of deeds, mortgages, easements of | 2353 |
record, and similar documents relating to the chain of title to | 2354 |
the property that are publicly available or that are known to and | 2355 |
reasonably available to the owner or operator; | 2356 |
(b) A review and analysis of any previous environmental | 2357 |
assessments, property assessments, environmental studies, or | 2358 |
geologic studies of the property and any land within two thousand | 2359 |
feet of the boundaries of the property that are publicly available | 2360 |
or that are known to and reasonably available to the owner or | 2361 |
operator; | 2362 |
(c) A review of current and past environmental compliance | 2363 |
histories of persons who owned or operated the property; | 2364 |
(d) A review of aerial photographs of the property that | 2365 |
indicate prior uses of the property; | 2366 |
(e) Interviews with managers of activities conducted at the | 2367 |
property who have knowledge of environmental conditions at the | 2368 |
property; | 2369 |
(f) Conducting an inspection of the property consisting of a | 2370 |
walkover; | 2371 |
(g) Identifying the current and past uses of the property, | 2372 |
adjoining tracts of land, and the area surrounding the property, | 2373 |
including, without limitation, interviews with persons who reside | 2374 |
or have resided, or who are or were employed, within the area | 2375 |
surrounding the property regarding the current and past uses of | 2376 |
the property and adjacent tracts of land. | 2377 |
The rules adopted under division (B)(3) of this section shall | 2378 |
establish criteria to determine when a phase II property | 2379 |
assessment shall be conducted when a phase I property assessment | 2380 |
reveals facts that establish a reason to believe that hazardous | 2381 |
substances or petroleum have been treated, stored, managed, or | 2382 |
disposed of on the property if the person undertaking the phase I | 2383 |
property assessment wishes to obtain a covenant not to sue under | 2384 |
section 3746.12 of the Revised Code. | 2385 |
(4) Minimum standards for phase II property assessments. The | 2386 |
standards shall specify the information needed to demonstrate that | 2387 |
any contamination present at the property does not exceed | 2388 |
applicable standards or that the remedial activities conducted at | 2389 |
the property have achieved compliance with applicable standards. | 2390 |
The rules adopted under division (B)(4) of this section, at a | 2391 |
minimum, shall require that a phase II property assessment include | 2392 |
all of the following: | 2393 |
(a) A review and analysis of all documentation prepared in | 2394 |
connection with a phase I property assessment conducted within the | 2395 |
one hundred eighty days before the phase II property assessment | 2396 |
begins. The rules adopted under division (B)(4)(a) of this section | 2397 |
shall require that if a period of more than one hundred eighty | 2398 |
days has passed between the time that the phase I assessment of | 2399 |
the property was completed and the phase II assessment begins, the | 2400 |
phase II assessment shall include a reasonable inquiry into the | 2401 |
change in the environmental condition of the property during the | 2402 |
intervening period. | 2403 |
(b) Quality assurance objectives for measurements taken in | 2404 |
connection with a phase II assessment; | 2405 |
(c) Sampling procedures to ensure the representative sampling | 2406 |
of potentially contaminated environmental media; | 2407 |
(d) Quality assurance and quality control requirements for | 2408 |
samples collected in connection with phase II assessments; | 2409 |
(e) Analytical and data assessment procedures; | 2410 |
(f) Data objectives to ensure that samples collected in | 2411 |
connection with phase II assessments are biased toward areas where | 2412 |
information indicates that contamination by hazardous substances | 2413 |
or petroleum is likely to exist. | 2414 |
(5) Standards governing the conduct of certified | 2415 |
professionals, criteria and procedures for the certification of | 2416 |
professionals to issue no further action letters under section | 2417 |
3746.11 of the Revised Code, and criteria for the suspension and | 2418 |
revocation of those certifications. The director shall take an | 2419 |
action regarding a certification as a final action. The issuance, | 2420 |
denial, renewal, suspension, and revocation of those | 2421 |
certifications are subject to Chapter 3745. of the Revised Code, | 2422 |
except that, in lieu of publishing an action regarding a | 2423 |
certification in a newspaper of general circulation as required in | 2424 |
section 3745.07 of the Revised Code, such an action shall be | 2425 |
published on the environmental protection agency's web site and in | 2426 |
the agency's weekly review not later than fifteen days after the | 2427 |
date of the issuance, denial, renewal, suspension, or revocation | 2428 |
of the certification and not later than thirty days before a | 2429 |
hearing or public meeting concerning the action. | 2430 |
The rules adopted under division (B)(5) of this section shall | 2431 |
do all of the following: | 2432 |
(a) Provide for the certification of environmental | 2433 |
professionals to issue no further action letters pertaining to | 2434 |
investigations and remedies in accordance with the criteria and | 2435 |
procedures set forth in the rules. The rules adopted under | 2436 |
division (B)(5)(a) of this section shall do at least all of the | 2437 |
following: | 2438 |
(i) Authorize the director to consider such factors as an | 2439 |
environmental professional's previous performance record regarding | 2440 |
such investigations and remedies and the environmental | 2441 |
professional's environmental compliance history when determining | 2442 |
whether to certify the environmental professional; | 2443 |
(ii) Ensure that an application for certification is reviewed | 2444 |
in a timely manner; | 2445 |
(iii) Require the director to certify any environmental | 2446 |
professional who the director determines complies with those | 2447 |
criteria; | 2448 |
(iv) Require the director to deny certification for any | 2449 |
environmental professional who does not comply with those | 2450 |
criteria. | 2451 |
(b) Establish an annual fee to be paid by environmental | 2452 |
professionals certified pursuant to the rules adopted under | 2453 |
division (B)(5)(a) of this section. The fee shall be established | 2454 |
at an amount calculated to defray the costs to the agency for the | 2455 |
required reviews of the qualifications of environmental | 2456 |
professionals for certification and for the issuance of the | 2457 |
certifications. | 2458 |
(c) Develop a schedule for and establish requirements | 2459 |
governing the review by the director of the credentials of | 2460 |
environmental professionals who were deemed to be certified | 2461 |
professionals under division (D) of section 3746.07 of the Revised | 2462 |
Code in order to determine if they comply with the criteria | 2463 |
established in rules adopted under division (B)(5) of this | 2464 |
section. The rules adopted under division (B)(5)(c) of this | 2465 |
section shall do at least all of the following: | 2466 |
(i) Ensure that the review is conducted in a timely fashion; | 2467 |
(ii) Require the director to certify any such environmental | 2468 |
professional who the director determines complies with those | 2469 |
criteria; | 2470 |
(iii) Require any such environmental professional initially | 2471 |
to pay the fee established in the rules adopted under division | 2472 |
(B)(5)(b) of this section at the time that the environmental | 2473 |
professional is so certified by the director; | 2474 |
(iv) Establish a time period within which any such | 2475 |
environmental professional who does not comply with those criteria | 2476 |
may obtain the credentials that are necessary for certification; | 2477 |
(v) Require the director to deny certification for any such | 2478 |
environmental professional who does not comply with those criteria | 2479 |
and who fails to obtain the necessary credentials within the | 2480 |
established time period. | 2481 |
(d) Require that any information submitted to the director | 2482 |
for the purposes of the rules adopted under division (B)(5)(a) or | 2483 |
(c) of this section comply with division (A) of section 3746.20 of | 2484 |
the Revised Code; | 2485 |
(e) Authorize the director to suspend or revoke the | 2486 |
certification of an environmental professional if the director | 2487 |
finds that the environmental professional's performance has | 2488 |
resulted in the issuance of no further action letters under | 2489 |
section 3746.11 of the Revised Code that are not consistent with | 2490 |
applicable standards or finds that the certified environmental | 2491 |
professional has not substantially complied with section 3746.31 | 2492 |
of the Revised Code; | 2493 |
(f) Authorize the director to suspend for a period of not | 2494 |
more than five years or to permanently revoke a certified | 2495 |
environmental professional's certification for any violation of or | 2496 |
failure to comply with an ethical standard established in rules | 2497 |
adopted under division (B)(5) of this section; | 2498 |
(g) Require the director to revoke the certification of an | 2499 |
environmental professional if the director finds that the | 2500 |
environmental professional falsified any information on the | 2501 |
environmental professional's application for certification | 2502 |
regarding the environmental professional's credentials or | 2503 |
qualifications or any other information generated for the purposes | 2504 |
of or use under this chapter or rules adopted under it; | 2505 |
(h) Require the director permanently to revoke the | 2506 |
certification of an environmental professional who has violated or | 2507 |
is violating division (A) of section 3746.18 of the Revised Code; | 2508 |
(i) Preclude the director from revoking the certification of | 2509 |
an environmental professional who only conducts investigations and | 2510 |
remedies at property contaminated solely with petroleum unless the | 2511 |
director first consults with the director of commerce. | 2512 |
(6) Criteria and procedures for the certification of | 2513 |
laboratories to perform analyses under this chapter and rules | 2514 |
adopted under it. The issuance, denial, suspension, and revocation | 2515 |
of those certifications are subject to Chapter 3745. of the | 2516 |
Revised Code, and the director of environmental protection shall | 2517 |
take any such action regarding a certification as a final action. | 2518 |
The rules adopted under division (B)(6) of this section shall | 2519 |
do all of the following: | 2520 |
(a) Provide for the certification to perform analyses of | 2521 |
laboratories in accordance with the criteria and procedures | 2522 |
established in the rules adopted under division (B)(6)(a) of this | 2523 |
section and establish an annual fee to be paid by those | 2524 |
laboratories. The fee shall be established at an amount calculated | 2525 |
to defray the costs to the agency for the review of the | 2526 |
qualifications of those laboratories for certification and for the | 2527 |
issuance of the certifications. The rules adopted under division | 2528 |
(B)(6)(a) of this section may provide for the certification of | 2529 |
those laboratories to perform only particular types or categories | 2530 |
of analyses, specific test parameters or group of test parameters, | 2531 |
or a specific matrix or matrices under this chapter. | 2532 |
(b) Develop a schedule for and establish requirements | 2533 |
governing the review by the director of the operations of | 2534 |
laboratories that were deemed to be certified laboratories under | 2535 |
division (E) of section 3746.07 of the Revised Code in order to | 2536 |
determine if they comply with the criteria established in rules | 2537 |
adopted under division (B)(6) of this section. The rules adopted | 2538 |
under division (B)(6)(b) of this section shall do at least all of | 2539 |
the following: | 2540 |
(i) Ensure that the review is conducted in a timely fashion; | 2541 |
(ii) Require the director to certify any such laboratory that | 2542 |
the director determines complies with those criteria; | 2543 |
(iii) Require any such laboratory initially to pay the fee | 2544 |
established in the rules adopted under division (B)(6)(a) of this | 2545 |
section at the time that the laboratory is so certified by the | 2546 |
director; | 2547 |
(iv) Establish a time period within which any such laboratory | 2548 |
that does not comply with those criteria may make changes in its | 2549 |
operations necessary for the performance of analyses under this | 2550 |
chapter and rules adopted under it in order to be certified by the | 2551 |
director; | 2552 |
(v) Require the director to deny certification for any such | 2553 |
laboratory that does not comply with those criteria and that fails | 2554 |
to make the necessary changes in its operations within the | 2555 |
established time period. | 2556 |
(c) Require that any information submitted to the director | 2557 |
for the purposes of the rules adopted under division (B)(6)(a) or | 2558 |
(b) of this section comply with division (A) of section 3746.20 of | 2559 |
the Revised Code; | 2560 |
(d) Authorize the director to suspend or revoke the | 2561 |
certification of a laboratory if the director finds that the | 2562 |
laboratory's performance has resulted in the issuance of no | 2563 |
further action letters under section 3746.11 of the Revised Code | 2564 |
that are not consistent with applicable standards; | 2565 |
(e) Authorize the director to suspend or revoke the | 2566 |
certification of a laboratory if the director finds that the | 2567 |
laboratory falsified any information on its application for | 2568 |
certification regarding its credentials or qualifications; | 2569 |
(f) Require the director permanently to revoke the | 2570 |
certification of a laboratory that has violated or is violating | 2571 |
division (A) of section 3746.18 of the Revised Code. | 2572 |
(7) Information to be included in a no further action letter | 2573 |
prepared under section 3746.11 of the Revised Code, including, | 2574 |
without limitation, all of the following: | 2575 |
(a) A summary of the information required to be submitted to | 2576 |
the certified environmental professional preparing the no further | 2577 |
action letter under division (C) of section 3746.10 of the Revised | 2578 |
Code; | 2579 |
(b) Notification that a risk assessment was performed in | 2580 |
accordance with rules adopted under division (B)(2) of this | 2581 |
section if such an assessment was used in lieu of generic | 2582 |
numerical clean-up standards established in rules adopted under | 2583 |
division (B)(1) of this section; | 2584 |
(c) The contaminants addressed at the property, if any, their | 2585 |
source, if known, and their levels prior to remediation; | 2586 |
(d) The identity of any other person who performed work to | 2587 |
support the request for the no further action letter as provided | 2588 |
in division (B)(2) of section 3746.10 of the Revised Code and the | 2589 |
nature and scope of the work performed by that person; | 2590 |
(e) A list of the data, information, records, and documents | 2591 |
relied upon by the certified environmental professional in | 2592 |
preparing the no further action letter. | 2593 |
(8) Methods for determining fees to be paid for the following | 2594 |
services provided by the agency under this chapter and rules | 2595 |
adopted under it: | 2596 |
(a) Site- or property-specific technical assistance in | 2597 |
developing or implementing plans in connection with a voluntary | 2598 |
action; | 2599 |
(b) Reviewing applications for and issuing consolidated | 2600 |
standards permits under section 3746.15 of the Revised Code and | 2601 |
monitoring compliance with those permits; | 2602 |
(c) Negotiating, preparing, and entering into agreements | 2603 |
necessary for the implementation and administration of this | 2604 |
chapter and rules adopted under it; | 2605 |
(d) Reviewing no further action letters, issuing covenants | 2606 |
not to sue, and monitoring compliance with any terms and | 2607 |
conditions of those covenants and with operation and maintenance | 2608 |
agreements entered into pursuant to those covenants, including, | 2609 |
without limitation, conducting audits of properties where | 2610 |
voluntary actions are being or were conducted under this chapter | 2611 |
and rules adopted under it. | 2612 |
The fees established pursuant to the rules adopted under | 2613 |
division (B)(8) of this section shall be at a level sufficient to | 2614 |
defray the direct and indirect costs incurred by the agency for | 2615 |
the administration and enforcement of this chapter and rules | 2616 |
adopted under it other than the provisions regarding the | 2617 |
certification of professionals and laboratories. | 2618 |
(9) Criteria for selecting the no further action letters | 2619 |
issued under section 3746.11 of the Revised Code that will be | 2620 |
audited under section 3746.17 of the Revised Code, and the scope | 2621 |
and procedures for conducting those audits. The rules adopted | 2622 |
under division (B)(9) of this section, at a minimum, shall require | 2623 |
the director to establish priorities for auditing no further | 2624 |
action letters to which any of the following applies: | 2625 |
(a) The letter was prepared by an environmental professional | 2626 |
who was deemed to be a certified professional under division (D) | 2627 |
of section 3746.07 of the Revised Code, but who does not comply | 2628 |
with the criteria established in rules adopted under division | 2629 |
(B)(5) of this section as determined pursuant to rules adopted | 2630 |
under division (B)(5)(d) of this section; | 2631 |
(b) The letter was submitted fraudulently; | 2632 |
(c) The letter was prepared by a certified environmental | 2633 |
professional whose certification subsequently was revoked in | 2634 |
accordance with rules adopted under division (B)(5) of this | 2635 |
section, or analyses were performed for the purposes of the no | 2636 |
further action letter by a certified laboratory whose | 2637 |
certification subsequently was revoked in accordance with rules | 2638 |
adopted under division (B)(6) of this section; | 2639 |
(d) A covenant not to sue that was issued pursuant to the | 2640 |
letter was revoked under this chapter; | 2641 |
(e) The letter was for a voluntary action that was conducted | 2642 |
pursuant to a risk assessment in accordance with rules adopted | 2643 |
under division (B)(2) of this section; | 2644 |
(f) The letter was for a voluntary action that included as | 2645 |
remedial activities engineering controls or institutional controls | 2646 |
or activity and use limitations authorized under section 3746.05 | 2647 |
of the Revised Code. | 2648 |
The rules adopted under division (B)(9) of this section shall | 2649 |
provide for random audits of no further action letters to which | 2650 |
the rules adopted under divisions (B)(9)(a) to (f) of this section | 2651 |
do not apply. | 2652 |
(10) A classification system to characterize ground water | 2653 |
according to its capability to be used for human use and its | 2654 |
impact on the environment and a methodology that shall be used to | 2655 |
determine when ground water that has become contaminated from | 2656 |
sources on a property for which a covenant not to sue is requested | 2657 |
under section 3746.11 of the Revised Code shall be remediated to | 2658 |
the standards established in the rules adopted under division | 2659 |
(B)(1) or (2) of this section. | 2660 |
(a) In adopting rules under division (B)(10) of this section | 2661 |
to characterize ground water according to its capability for human | 2662 |
use, the director shall consider all of the following: | 2663 |
(i) The presence of legally enforceable, reliable | 2664 |
restrictions on the use of ground water, including, without | 2665 |
limitation, local rules or ordinances; | 2666 |
(ii) The presence of regional commingled contamination from | 2667 |
multiple sources that diminishes the quality of ground water; | 2668 |
(iii) The natural quality of ground water; | 2669 |
(iv) Regional availability of ground water and reasonable | 2670 |
alternative sources of drinking water; | 2671 |
(v) The productivity of the aquifer; | 2672 |
(vi) The presence of restrictions on the use of ground water | 2673 |
implemented under this chapter and rules adopted under it; | 2674 |
(vii) The existing use of ground water. | 2675 |
(b) In adopting rules under division (B)(10) of this section | 2676 |
to characterize ground water according to its impacts on the | 2677 |
environment, the director shall consider both of the following: | 2678 |
(i) The risks posed to humans, fauna, surface water, | 2679 |
sediments, soil, air, and other resources by the continuing | 2680 |
presence of contaminated ground water; | 2681 |
(ii) The availability and feasibility of technology to remedy | 2682 |
ground water contamination. | 2683 |
(11) Governing the application for and issuance of variances | 2684 |
under section 3746.09 of the Revised Code; | 2685 |
(12)(a) In the case of voluntary actions involving | 2686 |
contaminated ground water, specifying the circumstances under | 2687 |
which the generic numerical clean-up standards established in | 2688 |
rules adopted under division (B)(1) of this section and standards | 2689 |
established through a risk assessment conducted pursuant to rules | 2690 |
adopted under division (B)(2) of this section shall be | 2691 |
inapplicable to the remediation of contaminated ground water and | 2692 |
under which the standards for remediating contaminated ground | 2693 |
water shall be established on a case-by-case basis prior to the | 2694 |
commencement of the voluntary action pursuant to rules adopted | 2695 |
under division (B)(12)(b) of this section; | 2696 |
(b) Criteria and procedures for the case-by-case | 2697 |
establishment of standards for the remediation of contaminated | 2698 |
ground water under circumstances in which the use of the generic | 2699 |
numerical clean-up standards and standards established through a | 2700 |
risk assessment are precluded by the rules adopted under division | 2701 |
(B)(12)(a) of this section. The rules governing the procedures for | 2702 |
the case-by-case development of standards for the remediation of | 2703 |
contaminated ground water shall establish application, public | 2704 |
participation, adjudication, and appeals requirements and | 2705 |
procedures that are equivalent to the requirements and procedures | 2706 |
established in section 3746.09 of the Revised Code and rules | 2707 |
adopted under division (B)(11) of this section, except that the | 2708 |
procedural rules shall not require an applicant to make the | 2709 |
demonstrations set forth in divisions (A)(1) to (3) of section | 2710 |
3746.09 of the Revised Code. | 2711 |
(13) A definition of the evidence that constitutes sufficient | 2712 |
evidence for the purpose of division (A)(5) of section 3746.02 of | 2713 |
the Revised Code. | 2714 |
At least thirty days before filing the proposed rules | 2715 |
required to be adopted under this section with the secretary of | 2716 |
state, director of the legislative service commission, and joint | 2717 |
committee on agency rule review in accordance with divisions (B) | 2718 |
and (H) of section 119.03 of the Revised Code, the director of | 2719 |
environmental protection shall hold at least one public meeting on | 2720 |
the proposed rules in each of the five districts into which the | 2721 |
agency has divided the state for administrative purposes. | 2722 |
Sec. 4117.03. (A) Public employees have the right to: | 2723 |
(1) Form, join, assist, or participate in, or refrain from | 2724 |
forming, joining, assisting, or participating in, except as | 2725 |
otherwise provided in Chapter 4117. of the Revised Code, any | 2726 |
employee organization of their own choosing; | 2727 |
(2) Engage in other concerted activities for the purpose of | 2728 |
collective bargaining or other mutual aid and protection; | 2729 |
(3) Representation by an employee organization; | 2730 |
(4) Bargain collectively with their public employers to | 2731 |
determine wages, hours, terms and other conditions of employment | 2732 |
and the continuation, modification, or deletion of an existing | 2733 |
provision of a collective bargaining agreement, and enter into | 2734 |
collective bargaining agreements; | 2735 |
(5) Present grievances and have them adjusted, without the | 2736 |
intervention of the bargaining representative, as long as the | 2737 |
adjustment is not inconsistent with the terms of the collective | 2738 |
bargaining agreement then in effect and as long as the bargaining | 2739 |
representatives have the opportunity to be present at the | 2740 |
adjustment. | 2741 |
(B) Persons on active duty or acting in any capacity as | 2742 |
members of the organized militia do not have collective bargaining | 2743 |
rights. | 2744 |
(C) Except as provided in division (D) of this section, | 2745 |
nothing in Chapter 4117. of the Revised Code prohibits public | 2746 |
employers from electing to engage in collective bargaining, to | 2747 |
meet and confer, to hold discussions, or to engage in any other | 2748 |
form of collective negotiations with public employees who are not | 2749 |
subject to Chapter 4117. of the Revised Code pursuant to division | 2750 |
(C) of section 4117.01 of the Revised Code. | 2751 |
(D) A public employer shall not engage in collective | 2752 |
bargaining or other forms of collective negotiations with the | 2753 |
employees of county boards of elections referred to in division | 2754 |
(C)(12) of section 4117.01 of the Revised Code. | 2755 |
(E) Employees of public schools may bargain collectively for | 2756 |
health care benefits | 2757 |
2758 | |
2759 |
Sec. 4121.03. (A) The governor shall appoint from among the | 2760 |
members of the industrial commission the chairperson of the | 2761 |
industrial commission. The chairperson shall serve as chairperson | 2762 |
at the pleasure of the governor. The chairperson is the head of | 2763 |
the commission and its chief executive officer. | 2764 |
(B) The chairperson shall appoint, after consultation with | 2765 |
other commission members and obtaining the approval of at least | 2766 |
one other commission member, an executive director of the | 2767 |
commission. The executive director shall serve at the pleasure of | 2768 |
the chairperson. The executive director, under the direction of | 2769 |
the chairperson, shall perform all of the following duties: | 2770 |
(1) Act as chief administrative officer for the commission; | 2771 |
(2) Ensure that all commission personnel follow the rules of | 2772 |
the commission; | 2773 |
(3) Ensure that all orders, awards, and determinations are | 2774 |
properly heard and signed, prior to attesting to the documents; | 2775 |
(4) Coordinate, to the fullest extent possible, commission | 2776 |
activities with the bureau of workers' compensation activities; | 2777 |
(5) Do all things necessary for the efficient and effective | 2778 |
implementation of the duties of the commission. | 2779 |
The responsibilities assigned to the executive director of | 2780 |
the commission do not relieve the chairperson from final | 2781 |
responsibility for the proper performance of the acts specified in | 2782 |
this division. | 2783 |
(C) The chairperson shall do all of the following: | 2784 |
(1) Except as otherwise provided in this division, employ, | 2785 |
promote, supervise, remove, and establish the compensation of all | 2786 |
employees as needed in connection with the performance of the | 2787 |
commission's duties under this chapter and Chapters 4123., 4127., | 2788 |
and 4131. of the Revised Code and may assign to them their duties | 2789 |
to the extent necessary to achieve the most efficient performance | 2790 |
of its functions, and to that end may establish, change, or | 2791 |
abolish positions, and assign and reassign duties and | 2792 |
responsibilities of every employee of the commission. The civil | 2793 |
service status of any person employed by the commission prior to | 2794 |
November 3, 1989, is not affected by this section. Personnel | 2795 |
employed by the bureau or the commission who are subject to | 2796 |
Chapter 4117. of the Revised Code shall retain all of their rights | 2797 |
and benefits conferred pursuant to that chapter as it presently | 2798 |
exists or is hereafter amended and nothing in this chapter or | 2799 |
Chapter 4123. of the Revised Code shall be construed as | 2800 |
eliminating or interfering with Chapter 4117. of the Revised Code | 2801 |
or the rights and benefits conferred under that chapter to public | 2802 |
employees or to any bargaining unit. | 2803 |
(2) Hire district and staff hearing officers after | 2804 |
consultation with other commission members and obtaining the | 2805 |
approval of at least one other commission member; | 2806 |
(3) Fire staff and district hearing officers when the | 2807 |
chairperson finds appropriate after obtaining the approval of at | 2808 |
least one other commission member; | 2809 |
(4) Maintain the office for the commission in Columbus; | 2810 |
(5) To the maximum extent possible, use electronic data | 2811 |
processing equipment for the issuance of orders immediately | 2812 |
following a hearing, scheduling of hearings and medical | 2813 |
examinations, tracking of claims, retrieval of information, and | 2814 |
any other matter within the commission's jurisdiction, and shall | 2815 |
provide and input information into the electronic data processing | 2816 |
equipment as necessary to effect the success of the claims | 2817 |
tracking system established pursuant to division (B)(15) of | 2818 |
section 4121.121 of the Revised Code; | 2819 |
(6) Exercise all administrative and nonadjudicatory powers | 2820 |
and duties conferred upon the commission by Chapters 4121., 4123., | 2821 |
4127., and 4131. of the Revised Code; | 2822 |
(7) Approve all contracts for special services. | 2823 |
(D) The chairperson is responsible for all administrative | 2824 |
matters and may secure for the commission facilities, equipment, | 2825 |
and supplies necessary to house the commission, any employees, and | 2826 |
files and records under the commission's control and to discharge | 2827 |
any duty imposed upon the commission by law, the expense thereof | 2828 |
to be audited and paid in the same manner as other state expenses. | 2829 |
For that purpose, the chairperson, separately from the budget | 2830 |
prepared by the administrator of workers' compensation | 2831 |
2832 | |
2833 | |
management a budget for each biennium according to sections | 2834 |
101.532 and 107.03 of the Revised Code. The budget submitted shall | 2835 |
cover the costs of the commission and staff and district hearing | 2836 |
officers in the discharge of any duty imposed upon the | 2837 |
chairperson, the commission, and hearing officers by law. | 2838 |
(E) A majority of the commission constitutes a quorum to | 2839 |
transact business. No vacancy impairs the rights of the remaining | 2840 |
members to exercise all of the powers of the commission, so long | 2841 |
as a majority remains. Any investigation, inquiry, or hearing that | 2842 |
the commission may hold or undertake may be held or undertaken by | 2843 |
or before any one member of the commission, or before one of the | 2844 |
deputies of the commission, except as otherwise provided in this | 2845 |
chapter and Chapters 4123., 4127., and 4131. of the Revised Code. | 2846 |
Every order made by a member, or by a deputy, when approved and | 2847 |
confirmed by a majority of the members, and so shown on its record | 2848 |
of proceedings, is the order of the commission. The commission may | 2849 |
hold sessions at any place within the state. The commission is | 2850 |
responsible for all of the following: | 2851 |
(1) Establishing the overall adjudicatory policy and | 2852 |
management of the commission under this chapter and Chapters | 2853 |
4123., 4127., and 4131. of the Revised Code, except for those | 2854 |
administrative matters within the jurisdiction of the chairperson, | 2855 |
bureau of workers' compensation, and the administrator of workers' | 2856 |
compensation under those chapters; | 2857 |
(2) Hearing appeals and reconsiderations under this chapter | 2858 |
and Chapters 4123., 4127., and 4131. of the Revised Code; | 2859 |
(3) Engaging in rulemaking where required by this chapter or | 2860 |
Chapter 4123., 4127., or 4131. of the Revised Code. | 2861 |
Sec. 4121.12. (A) There is hereby created the bureau of | 2862 |
workers' compensation board of directors consisting of eleven | 2863 |
members to be appointed by the governor with the advice and | 2864 |
consent of the senate. One member shall be an individual who, on | 2865 |
account of the individual's previous vocation, employment, or | 2866 |
affiliations, can be classed as a representative of employees; two | 2867 |
members shall be individuals who, on account of their previous | 2868 |
vocation, employment, or affiliations, can be classed as | 2869 |
representatives of employee organizations and at least one of | 2870 |
these two individuals shall be a member of the executive committee | 2871 |
of the largest statewide labor federation; three members shall be | 2872 |
individuals who, on account of their previous vocation, | 2873 |
employment, or affiliations, can be classed as representatives of | 2874 |
employers, one of whom represents self-insuring employers, one of | 2875 |
whom is a state fund employer who employs one hundred or more | 2876 |
employees, and one of whom is a state fund employer who employs | 2877 |
less than one hundred employees; two members shall be individuals | 2878 |
who, on account of their vocation, employment, or affiliations, | 2879 |
can be classed as investment and securities experts who have | 2880 |
direct experience in the management, analysis, supervision, or | 2881 |
investment of assets and are residents of this state; one member | 2882 |
who shall be a certified public accountant; one member who shall | 2883 |
be an actuary who is a member in good standing with the American | 2884 |
academy of actuaries or who is an associate or fellow with the | 2885 |
society of actuaries; and one member shall represent the public | 2886 |
and also be an individual who, on account of the individual's | 2887 |
previous vocation, employment, or affiliations, cannot be classed | 2888 |
as either predominantly representative of employees or of | 2889 |
employers. The governor shall select the chairperson of the board | 2890 |
who shall serve as chairperson at the pleasure of the governor. | 2891 |
None of the members of the board, within one year immediately | 2892 |
preceding the member's appointment, shall have been employed by | 2893 |
the bureau of workers' compensation or by any person, partnership, | 2894 |
or corporation that has provided to the bureau services of a | 2895 |
financial or investment nature, including the management, | 2896 |
analysis, supervision, or investment of assets. | 2897 |
(B) Of the initial appointments made to the board, the | 2898 |
governor shall appoint the member who represents employees, one | 2899 |
member who represents employers, and the member who represents the | 2900 |
public to a term ending one year after June 11, 2007; one member | 2901 |
who represents employers, one member who represents employee | 2902 |
organizations, one member who is an investment and securities | 2903 |
expert, and the member who is a certified public accountant to a | 2904 |
term ending two years after June 11, 2007; and one member who | 2905 |
represents employers, one member who represents employee | 2906 |
organizations, one member who is an investment and securities | 2907 |
expert, and the member who is an actuary to a term ending three | 2908 |
years after June 11, 2007. Thereafter, terms of office shall be | 2909 |
for three years, with each term ending on the same day of the same | 2910 |
month as did the term that it succeeds. Each member shall hold | 2911 |
office from the date of the member's appointment until the end of | 2912 |
the term for which the member was appointed. | 2913 |
Members may be reappointed. Any member appointed to fill a | 2914 |
vacancy occurring prior to the expiration date of the term for | 2915 |
which the member's predecessor was appointed shall hold office as | 2916 |
a member for the remainder of that term. A member shall continue | 2917 |
in office subsequent to the expiration date of the member's term | 2918 |
until a successor takes office or until a period of sixty days has | 2919 |
elapsed, whichever occurs first. | 2920 |
(C) In making appointments to the board, the governor shall | 2921 |
select the members from the list of names submitted by the | 2922 |
workers' compensation board of directors nominating committee | 2923 |
pursuant to this division. The nominating committee shall submit | 2924 |
to the governor a list containing four separate names for each of | 2925 |
the members on the board. Within fourteen days after the | 2926 |
submission of the list, the governor shall appoint individuals | 2927 |
from the list. | 2928 |
At least thirty days prior to a vacancy occurring as a result | 2929 |
of the expiration of a term and within thirty days after other | 2930 |
vacancies occurring on the board, the nominating committee shall | 2931 |
submit an initial list containing four names for each vacancy. | 2932 |
Within fourteen days after the submission of the initial list, the | 2933 |
governor either shall appoint individuals from that list or | 2934 |
request the nominating committee to submit another list of four | 2935 |
names for each member the governor has not appointed from the | 2936 |
initial list, which list the nominating committee shall submit to | 2937 |
the governor within fourteen days after the governor's request. | 2938 |
The governor then shall appoint, within seven days after the | 2939 |
submission of the second list, one of the individuals from either | 2940 |
list to fill the vacancy for which the governor has not made an | 2941 |
appointment from the initial list. If the governor appoints an | 2942 |
individual to fill a vacancy occurring as a result of the | 2943 |
expiration of a term, the individual appointed shall begin serving | 2944 |
as a member of the board when the term for which the individual's | 2945 |
predecessor was appointed expires or immediately upon appointment | 2946 |
by the governor, whichever occurs later. With respect to the | 2947 |
filling of vacancies, the nominating committee shall provide the | 2948 |
governor with a list of four individuals who are, in the judgment | 2949 |
of the nominating committee, the most fully qualified to accede to | 2950 |
membership on the board. | 2951 |
In order for the name of an individual to be submitted to the | 2952 |
governor under this division, the nominating committee shall | 2953 |
approve the individual by an affirmative vote of a majority of its | 2954 |
members. | 2955 |
(D) All members of the board shall receive their reasonable | 2956 |
and necessary expenses pursuant to section 126.31 of the Revised | 2957 |
Code while engaged in the performance of their duties as members | 2958 |
and also shall receive an annual salary not to exceed sixty | 2959 |
thousand dollars in total, payable on the following basis: | 2960 |
(1) Except as provided in division (D)(2) of this section, a | 2961 |
member shall receive two thousand five hundred dollars during a | 2962 |
month in which the member attends one or more meetings of the | 2963 |
board and shall receive no payment during a month in which the | 2964 |
member attends no meeting of the board. | 2965 |
(2) A member may receive no more than thirty thousand dollars | 2966 |
per year to compensate the member for attending meetings of the | 2967 |
board, regardless of the number of meetings held by the board | 2968 |
during a year or the number of meetings in excess of twelve within | 2969 |
a year that the member attends. | 2970 |
(3) Except as provided in division (D)(4) of this section, if | 2971 |
a member serves on the workers' compensation audit committee, | 2972 |
workers' compensation actuarial committee, or the workers' | 2973 |
compensation investment committee, the member shall receive two | 2974 |
thousand five hundred dollars during a month in which the member | 2975 |
attends one or more meetings of the committee on which the member | 2976 |
serves and shall receive no payment during any month in which the | 2977 |
member attends no meeting of that committee. | 2978 |
(4) A member may receive no more than thirty thousand dollars | 2979 |
per year to compensate the member for attending meetings of any of | 2980 |
the committees specified in division (D)(3) of this section, | 2981 |
regardless of the number of meetings held by a committee during a | 2982 |
year or the number of committees on which a member serves. | 2983 |
The chairperson of the board shall set the meeting dates of | 2984 |
the board as necessary to perform the duties of the board under | 2985 |
this chapter and Chapters 4123., 4125., 4127., 4131., and 4167. of | 2986 |
the Revised Code. The board shall meet at least twelve times a | 2987 |
year. The administrator of workers' compensation shall provide | 2988 |
professional and clerical assistance to the board, as the board | 2989 |
considers appropriate. | 2990 |
(E) Before entering upon the duties of office, each appointed | 2991 |
member of the board shall take an oath of office as required by | 2992 |
sections 3.22 and 3.23 of the Revised Code and file in the office | 2993 |
of the secretary of state the bond required under section 4121.127 | 2994 |
of the Revised Code. | 2995 |
(F) The board shall: | 2996 |
(1) Establish the overall administrative policy for the | 2997 |
bureau for the purposes of this chapter and Chapters 4123., 4125., | 2998 |
4127., 4131., and 4167. of the Revised Code; | 2999 |
(2) Review progress of the bureau in meeting its cost and | 3000 |
quality objectives and in complying with this chapter and Chapters | 3001 |
4123., 4125., 4127., 4131., and 4167. of the Revised Code; | 3002 |
(3) Submit an annual report to the president of the senate, | 3003 |
the speaker of the house of representatives, and the governor | 3004 |
3005 | |
in that report: | 3006 |
(a) An evaluation of the cost and quality objectives of the | 3007 |
bureau; | 3008 |
(b) A statement of the net assets available for the provision | 3009 |
of compensation and benefits under this chapter and Chapters | 3010 |
4123., 4127., and 4131. of the Revised Code as of the last day of | 3011 |
the fiscal year; | 3012 |
(c) A statement of any changes that occurred in the net | 3013 |
assets available, including employer premiums and net investment | 3014 |
income, for the provision of compensation and benefits and payment | 3015 |
of administrative expenses, between the first and last day of the | 3016 |
fiscal year immediately preceding the date of the report; | 3017 |
(d) The following information for each of the six consecutive | 3018 |
fiscal years occurring previous to the report: | 3019 |
(i) A schedule of the net assets available for compensation | 3020 |
and benefits; | 3021 |
(ii) The annual cost of the payment of compensation and | 3022 |
benefits; | 3023 |
(iii) Annual administrative expenses incurred; | 3024 |
(iv) Annual employer premiums allocated for the provision of | 3025 |
compensation and benefits. | 3026 |
(e) A description of any significant changes that occurred | 3027 |
during the six years for which the board provided the information | 3028 |
required under division (F)(3)(d) of this section that affect the | 3029 |
ability of the board to compare that information from year to | 3030 |
year. | 3031 |
(4) Review all independent financial audits of the bureau. | 3032 |
The administrator shall provide access to records of the bureau to | 3033 |
facilitate the review required under this division. | 3034 |
(5) Study issues as requested by the administrator or the | 3035 |
governor; | 3036 |
(6) Contract with all of the following: | 3037 |
(a) An independent actuarial firm to assist the board in | 3038 |
making recommendations to the administrator regarding premium | 3039 |
rates; | 3040 |
(b) An outside investment counsel to assist the workers' | 3041 |
compensation investment committee in fulfilling its duties; | 3042 |
(c) An independent fiduciary counsel to assist the board in | 3043 |
the performance of its duties. | 3044 |
(7) Approve the investment policy developed by the workers' | 3045 |
compensation investment committee pursuant to section 4121.129 of | 3046 |
the Revised Code if the policy satisfies the requirements | 3047 |
specified in section 4123.442 of the Revised Code. | 3048 |
(8) Review and publish the investment policy no less than | 3049 |
annually and make copies available to interested parties. | 3050 |
(9) Prohibit, on a prospective basis, any specific investment | 3051 |
it finds to be contrary to the investment policy approved by the | 3052 |
board. | 3053 |
(10) Vote to open each investment class and allow the | 3054 |
administrator to invest in an investment class only if the board, | 3055 |
by a majority vote, opens that class; | 3056 |
(11) After opening a class but prior to the administrator | 3057 |
investing in that class, adopt rules establishing due diligence | 3058 |
standards for employees of the bureau to follow when investing in | 3059 |
that class and establish policies and procedures to review and | 3060 |
monitor the performance and value of each investment class; | 3061 |
(12) Submit a report annually on the performance and value of | 3062 |
each investment class to the governor, the president and minority | 3063 |
leader of the senate, and the speaker and minority leader of the | 3064 |
house of representatives | 3065 |
(13) Advise and consent on all of the following: | 3066 |
(a) Administrative rules the administrator submits to it | 3067 |
pursuant to division (B)(5) of section 4121.121 of the Revised | 3068 |
Code for the classification of occupations or industries, for | 3069 |
premium rates and contributions, for the amount to be credited to | 3070 |
the surplus fund, for rules and systems of rating, rate revisions, | 3071 |
and merit rating; | 3072 |
(b) The duties and authority conferred upon the administrator | 3073 |
pursuant to section 4121.37 of the Revised Code; | 3074 |
(c) Rules the administrator adopts for the health partnership | 3075 |
program and the qualified health plan system, as provided in | 3076 |
sections 4121.44, 4121.441, and 4121.442 of the Revised Code; | 3077 |
(d) Rules the administrator submits to it pursuant to Chapter | 3078 |
4167. of the Revised Code regarding the public employment risk | 3079 |
reduction program and the protection of public health care workers | 3080 |
from exposure incidents. | 3081 |
As used in this division, "public health care worker" and | 3082 |
"exposure incident" have the same meanings as in section 4167.25 | 3083 |
of the Revised Code. | 3084 |
(14) Perform all duties required under this chapter and | 3085 |
Chapters 4123., 4125., 4127., 4131., and 4167. of the Revised | 3086 |
Code; | 3087 |
(15) Meet with the governor on an annual basis to discuss the | 3088 |
administrator's performance of the duties specified in this | 3089 |
chapter and Chapters 4123., 4125., 4127., 4131., and 4167. of the | 3090 |
Revised Code; | 3091 |
(16) Develop and participate in a bureau of workers' | 3092 |
compensation board of directors education program that consists of | 3093 |
all of the following: | 3094 |
(a) An orientation component for newly appointed members; | 3095 |
(b) A continuing education component for board members who | 3096 |
have served for at least one year; | 3097 |
(c) A curriculum that includes education about each of the | 3098 |
following topics: | 3099 |
(i) Board member duties and responsibilities; | 3100 |
(ii) Compensation and benefits paid pursuant to this chapter | 3101 |
and Chapters 4123., 4127., and 4131. of the Revised Code; | 3102 |
(iii) Ethics; | 3103 |
(iv) Governance processes and procedures; | 3104 |
(v) Actuarial soundness; | 3105 |
(vi) Investments; | 3106 |
(vii) Any other subject matter the board believes is | 3107 |
reasonably related to the duties of a board member. | 3108 |
(17) | 3109 |
3110 | |
3111 |
| 3112 |
program developed pursuant to division (F)(16) of this section in | 3113 |
this state. | 3114 |
(G) The board may do both of the following: | 3115 |
(1) Vote to close any investment class; | 3116 |
(2) Create any committees in addition to the workers' | 3117 |
compensation audit committee, the workers' compensation actuarial | 3118 |
committee, and the workers' compensation investment committee that | 3119 |
the board determines are necessary to assist the board in | 3120 |
performing its duties. | 3121 |
(H) The office of a member of the board who is convicted of | 3122 |
or pleads guilty to a felony, a theft offense as defined in | 3123 |
section 2913.01 of the Revised Code, or a violation of section | 3124 |
102.02, 102.03, 102.04, 2921.02, 2921.11, 2921.13, 2921.31, | 3125 |
2921.41, 2921.42, 2921.43, or 2921.44 of the Revised Code shall be | 3126 |
deemed vacant. The vacancy shall be filled in the same manner as | 3127 |
the original appointment. A person who has pleaded guilty to or | 3128 |
been convicted of an offense of that nature is ineligible to be a | 3129 |
member of the board. A member who receives a bill of indictment | 3130 |
for any of the offenses specified in this section shall be | 3131 |
automatically suspended from the board pending resolution of the | 3132 |
criminal matter. | 3133 |
(I) For the purposes of division (G)(1) of section 121.22 of | 3134 |
the Revised Code, the meeting between the governor and the board | 3135 |
to review the administrator's performance as required under | 3136 |
division (F)(15) of this section shall be considered a meeting | 3137 |
regarding the employment of the administrator. | 3138 |
Sec. 4121.121. (A) There is hereby created the bureau of | 3139 |
workers' compensation, which shall be administered by the | 3140 |
administrator of workers' compensation. A person appointed to the | 3141 |
position of administrator shall possess significant management | 3142 |
experience in effectively managing an organization or | 3143 |
organizations of substantial size and complexity. A person | 3144 |
appointed to the position of administrator also shall possess a | 3145 |
minimum of five years of experience in the field of workers' | 3146 |
compensation insurance or in another insurance industry, except as | 3147 |
otherwise provided when the conditions specified in division (C) | 3148 |
of this section are satisfied. The governor shall appoint the | 3149 |
administrator as provided in section 121.03 of the Revised Code, | 3150 |
and the administrator shall serve at the pleasure of the governor. | 3151 |
The governor shall fix the administrator's salary on the basis of | 3152 |
the administrator's experience and the administrator's | 3153 |
responsibilities and duties under this chapter and Chapters 4123., | 3154 |
4125., 4127., 4131., and 4167. of the Revised Code. The governor | 3155 |
shall not appoint to the position of administrator any person who | 3156 |
has, or whose spouse has, given a contribution to the campaign | 3157 |
committee of the governor in an amount greater than one thousand | 3158 |
dollars during the two-year period immediately preceding the date | 3159 |
of the appointment of the administrator. | 3160 |
The administrator shall hold no other public office and shall | 3161 |
devote full time to the duties of administrator. Before entering | 3162 |
upon the duties of the office, the administrator shall take an | 3163 |
oath of office as required by sections 3.22 and 3.23 of the | 3164 |
Revised Code, and shall file in the office of the secretary of | 3165 |
state, a bond signed by the administrator and by surety approved | 3166 |
by the governor, for the sum of fifty thousand dollars payable to | 3167 |
the state, conditioned upon the faithful performance of the | 3168 |
administrator's duties. | 3169 |
(B) The administrator is responsible for the management of | 3170 |
the bureau and for the discharge of all administrative duties | 3171 |
imposed upon the administrator in this chapter and Chapters 4123., | 3172 |
4125., 4127., 4131., and 4167. of the Revised Code, and in the | 3173 |
discharge thereof shall do all of the following: | 3174 |
(1) Perform all acts and exercise all authorities and powers, | 3175 |
discretionary and otherwise that are required of or vested in the | 3176 |
bureau or any of its employees in this chapter and Chapters 4123., | 3177 |
4125., 4127., 4131., and 4167. of the Revised Code, except the | 3178 |
acts and the exercise of authority and power that is required of | 3179 |
and vested in the bureau of workers' compensation board of | 3180 |
directors or the industrial commission pursuant to those chapters. | 3181 |
The treasurer of state shall honor all warrants signed by the | 3182 |
administrator, or by one or more of the administrator's employees, | 3183 |
authorized by the administrator in writing, or bearing the | 3184 |
facsimile signature of the administrator or such employee under | 3185 |
sections 4123.42 and 4123.44 of the Revised Code. | 3186 |
(2) Employ, direct, and supervise all employees required in | 3187 |
connection with the performance of the duties assigned to the | 3188 |
bureau by this chapter and Chapters 4123., 4125., 4127., 4131., | 3189 |
and 4167. of the Revised Code, including an actuary, and may | 3190 |
establish job classification plans and compensation for all | 3191 |
employees of the bureau provided that this grant of authority | 3192 |
shall not be construed as affecting any employee for whom the | 3193 |
state employment relations board has established an appropriate | 3194 |
bargaining unit under section 4117.06 of the Revised Code. All | 3195 |
positions of employment in the bureau are in the classified civil | 3196 |
service except those employees the administrator may appoint to | 3197 |
serve at the administrator's pleasure in the unclassified civil | 3198 |
service pursuant to section 124.11 of the Revised Code. The | 3199 |
administrator shall fix the salaries of employees the | 3200 |
administrator appoints to serve at the administrator's pleasure, | 3201 |
including the chief operating officer, staff physicians, and other | 3202 |
senior management personnel of the bureau and shall establish the | 3203 |
compensation of staff attorneys of the bureau's legal section and | 3204 |
their immediate supervisors, and take whatever steps are necessary | 3205 |
to provide adequate compensation for other staff attorneys. | 3206 |
The administrator may appoint a person who holds a certified | 3207 |
position in the classified service within the bureau to a position | 3208 |
in the unclassified service within the bureau. A person appointed | 3209 |
pursuant to this division to a position in the unclassified | 3210 |
service shall retain the right to resume the position and status | 3211 |
held by the person in the classified service immediately prior to | 3212 |
the person's appointment in the unclassified service, regardless | 3213 |
of the number of positions the person held in the unclassified | 3214 |
service. An employee's right to resume a position in the | 3215 |
classified service may only be exercised when the administrator | 3216 |
demotes the employee to a pay range lower than the employee's | 3217 |
current pay range or revokes the employee's appointment to the | 3218 |
unclassified service. An employee forfeits the right to resume a | 3219 |
position in the classified service when the employee is removed | 3220 |
from the position in the unclassified service due to incompetence, | 3221 |
inefficiency, dishonesty, drunkenness, immoral conduct, | 3222 |
insubordination, discourteous treatment of the public, neglect of | 3223 |
duty, violation of this chapter or Chapter 124., 4123., 4125., | 3224 |
4127., 4131., or 4167. of the Revised Code, violation of the rules | 3225 |
of the director of administrative services or the administrator, | 3226 |
any other failure of good behavior, any other acts of misfeasance, | 3227 |
malfeasance, or nonfeasance in office, or conviction of a felony. | 3228 |
An employee also forfeits the right to resume a position in the | 3229 |
classified service upon transfer to a different agency. | 3230 |
Reinstatement to a position in the classified service shall | 3231 |
be to a position substantially equal to that position in the | 3232 |
classified service held previously, as certified by the department | 3233 |
of administrative services. If the position the person previously | 3234 |
held in the classified service has been placed in the unclassified | 3235 |
service or is otherwise unavailable, the person shall be appointed | 3236 |
to a position in the classified service within the bureau that the | 3237 |
director of administrative services certifies is comparable in | 3238 |
compensation to the position the person previously held in the | 3239 |
classified service. Service in the position in the unclassified | 3240 |
service shall be counted as service in the position in the | 3241 |
classified service held by the person immediately prior to the | 3242 |
person's appointment in the unclassified service. When a person is | 3243 |
reinstated to a position in the classified service as provided in | 3244 |
this division, the person is entitled to all rights, status, and | 3245 |
benefits accruing to the position during the person's time of | 3246 |
service in the position in the unclassified service. | 3247 |
(3) Reorganize the work of the bureau, its sections, | 3248 |
departments, and offices to the extent necessary to achieve the | 3249 |
most efficient performance of its functions and to that end may | 3250 |
establish, change, or abolish positions and assign and reassign | 3251 |
duties and responsibilities of every employee of the bureau. All | 3252 |
persons employed by the commission in positions that, after | 3253 |
November 3, 1989, are supervised and directed by the administrator | 3254 |
under this section are transferred to the bureau in their | 3255 |
respective classifications but subject to reassignment and | 3256 |
reclassification of position and compensation as the administrator | 3257 |
determines to be in the interest of efficient administration. The | 3258 |
civil service status of any person employed by the commission is | 3259 |
not affected by this section. Personnel employed by the bureau or | 3260 |
the commission who are subject to Chapter 4117. of the Revised | 3261 |
Code shall retain all of their rights and benefits conferred | 3262 |
pursuant to that chapter as it presently exists or is hereafter | 3263 |
amended and nothing in this chapter or Chapter 4123. of the | 3264 |
Revised Code shall be construed as eliminating or interfering with | 3265 |
Chapter 4117. of the Revised Code or the rights and benefits | 3266 |
conferred under that chapter to public employees or to any | 3267 |
bargaining unit. | 3268 |
(4) Provide offices, equipment, supplies, and other | 3269 |
facilities for the bureau. | 3270 |
(5) Prepare and submit to the board information the | 3271 |
administrator considers pertinent or the board requires, together | 3272 |
with the administrator's recommendations, in the form of | 3273 |
administrative rules, for the advice and consent of the board, for | 3274 |
classifications of occupations or industries, for premium rates | 3275 |
and contributions, for the amount to be credited to the surplus | 3276 |
fund, for rules and systems of rating, rate revisions, and merit | 3277 |
rating. The administrator shall obtain, prepare, and submit any | 3278 |
other information the board requires for the prompt and efficient | 3279 |
discharge of its duties. | 3280 |
(6) Keep the accounts required by division (A) of section | 3281 |
4123.34 of the Revised Code and all other accounts and records | 3282 |
necessary to the collection, administration, and distribution of | 3283 |
the workers' compensation funds and shall obtain the statistical | 3284 |
and other information required by section 4123.19 of the Revised | 3285 |
Code. | 3286 |
(7) Exercise the investment powers vested in the | 3287 |
administrator by section 4123.44 of the Revised Code in accordance | 3288 |
with the investment policy approved by the board pursuant to | 3289 |
section 4121.12 of the Revised Code and in consultation with the | 3290 |
chief investment officer of the bureau of workers' compensation. | 3291 |
The administrator shall not engage in any prohibited investment | 3292 |
activity specified by the board pursuant to division (F)(9) of | 3293 |
section 4121.12 of the Revised Code and shall not invest in any | 3294 |
type of investment specified in divisions (B)(1) to (10) of | 3295 |
section 4123.442 of the Revised Code. All business shall be | 3296 |
transacted, all funds invested, all warrants for money drawn and | 3297 |
payments made, and all cash and securities and other property | 3298 |
held, in the name of the bureau, or in the name of its nominee, | 3299 |
provided that nominees are authorized by the administrator solely | 3300 |
for the purpose of facilitating the transfer of securities, and | 3301 |
restricted to the administrator and designated employees. | 3302 |
(8) Make contracts for and supervise the construction of any | 3303 |
project or improvement or the construction or repair of buildings | 3304 |
under the control of the bureau. | 3305 |
(9) Purchase supplies, materials, equipment, and services; | 3306 |
make contracts for, operate, and superintend the telephone, other | 3307 |
telecommunication, and computer services for the use of the | 3308 |
bureau; and make contracts in connection with office reproduction, | 3309 |
forms management, printing, and other services. Notwithstanding | 3310 |
sections 125.12 to 125.14 of the Revised Code, the administrator | 3311 |
may transfer surplus computers and computer equipment directly to | 3312 |
an accredited public school within the state. The computers and | 3313 |
computer equipment may be repaired or refurbished prior to the | 3314 |
transfer. | 3315 |
(10) Prepare and submit to the board an annual budget for | 3316 |
internal operating purposes for the board's approval. The | 3317 |
administrator also shall, separately from the budget the | 3318 |
industrial commission submits | 3319 |
3320 | |
the director of budget and management a budget for each biennium. | 3321 |
The budgets submitted to the board and the director shall include | 3322 |
estimates of the costs and necessary expenditures of the bureau in | 3323 |
the discharge of any duty imposed by law. | 3324 |
(11) As promptly as possible in the course of efficient | 3325 |
administration, decentralize and relocate such of the personnel | 3326 |
and activities of the bureau as is appropriate to the end that the | 3327 |
receipt, investigation, determination, and payment of claims may | 3328 |
be undertaken at or near the place of injury or the residence of | 3329 |
the claimant and for that purpose establish regional offices, in | 3330 |
such places as the administrator considers proper, capable of | 3331 |
discharging as many of the functions of the bureau as is | 3332 |
practicable so as to promote prompt and efficient administration | 3333 |
in the processing of claims. All active and inactive lost-time | 3334 |
claims files shall be held at the service office responsible for | 3335 |
the claim. A claimant, at the claimant's request, shall be | 3336 |
provided with information by telephone as to the location of the | 3337 |
file pertaining to the claimant's claim. The administrator shall | 3338 |
ensure that all service office employees report directly to the | 3339 |
director for their service office. | 3340 |
(12) Provide a written binder on new coverage where the | 3341 |
administrator considers it to be in the best interest of the risk. | 3342 |
The administrator, or any other person authorized by the | 3343 |
administrator, shall grant the binder upon submission of a request | 3344 |
for coverage by the employer. A binder is effective for a period | 3345 |
of thirty days from date of issuance and is nonrenewable. Payroll | 3346 |
reports and premium charges shall coincide with the effective date | 3347 |
of the binder. | 3348 |
(13) Set standards for the reasonable and maximum handling | 3349 |
time of claims payment functions, ensure, by rules, the impartial | 3350 |
and prompt treatment of all claims and employer risk accounts, and | 3351 |
establish a secure, accurate method of time stamping all incoming | 3352 |
mail and documents hand delivered to bureau employees. | 3353 |
(14) Ensure that all employees of the bureau follow the | 3354 |
orders and rules of the commission as such orders and rules relate | 3355 |
to the commission's overall adjudicatory policy-making and | 3356 |
management duties under this chapter and Chapters 4123., 4127., | 3357 |
and 4131. of the Revised Code. | 3358 |
(15) Manage and operate a data processing system with a | 3359 |
common data base for the use of both the bureau and the commission | 3360 |
and, in consultation with the commission, using electronic data | 3361 |
processing equipment, shall develop a claims tracking system that | 3362 |
is sufficient to monitor the status of a claim at any time and | 3363 |
that lists appeals that have been filed and orders or | 3364 |
determinations that have been issued pursuant to section 4123.511 | 3365 |
or 4123.512 of the Revised Code, including the dates of such | 3366 |
filings and issuances. | 3367 |
(16) Establish and maintain a medical section within the | 3368 |
bureau. The medical section shall do all of the following: | 3369 |
(a) Assist the administrator in establishing standard medical | 3370 |
fees, approving medical procedures, and determining eligibility | 3371 |
and reasonableness of the compensation payments for medical, | 3372 |
hospital, and nursing services, and in establishing guidelines for | 3373 |
payment policies which recognize usual, customary, and reasonable | 3374 |
methods of payment for covered services; | 3375 |
(b) Provide a resource to respond to questions from claims | 3376 |
examiners for employees of the bureau; | 3377 |
(c) Audit fee bill payments; | 3378 |
(d) Implement a program to utilize, to the maximum extent | 3379 |
possible, electronic data processing equipment for storage of | 3380 |
information to facilitate authorizations of compensation payments | 3381 |
for medical, hospital, drug, and nursing services; | 3382 |
(e) Perform other duties assigned to it by the administrator. | 3383 |
(17) Appoint, as the administrator determines necessary, | 3384 |
panels to review and advise the administrator on disputes arising | 3385 |
over a determination that a health care service or supply provided | 3386 |
to a claimant is not covered under this chapter or Chapter 4123., | 3387 |
4127., or 4131. of the Revised Code or is medically unnecessary. | 3388 |
If an individual health care provider is involved in the dispute, | 3389 |
the panel shall consist of individuals licensed pursuant to the | 3390 |
same section of the Revised Code as such health care provider. | 3391 |
(18) Pursuant to section 4123.65 of the Revised Code, approve | 3392 |
applications for the final settlement of claims for compensation | 3393 |
or benefits under this chapter and Chapters 4123., 4127., and | 3394 |
4131. of the Revised Code as the administrator determines | 3395 |
appropriate, except in regard to the applications of self-insuring | 3396 |
employers and their employees. | 3397 |
(19) Comply with section 3517.13 of the Revised Code, and | 3398 |
except in regard to contracts entered into pursuant to the | 3399 |
authority contained in section 4121.44 of the Revised Code, comply | 3400 |
with the competitive bidding procedures set forth in the Revised | 3401 |
Code for all contracts into which the administrator enters | 3402 |
provided that those contracts fall within the type of contracts | 3403 |
and dollar amounts specified in the Revised Code for competitive | 3404 |
bidding and further provided that those contracts are not | 3405 |
otherwise specifically exempt from the competitive bidding | 3406 |
procedures contained in the Revised Code. | 3407 |
(20) Adopt, with the advice and consent of the board, rules | 3408 |
for the operation of the bureau. | 3409 |
(21) Prepare and submit to the board information the | 3410 |
administrator considers pertinent or the board requires, together | 3411 |
with the administrator's recommendations, in the form of | 3412 |
administrative rules, for the advice and consent of the board, for | 3413 |
the health partnership program and the qualified health plan | 3414 |
system, as provided in sections 4121.44, 4121.441, and 4121.442 of | 3415 |
the Revised Code. | 3416 |
(C) The administrator, with the advice and consent of the | 3417 |
senate, shall appoint a chief operating officer who has a minimum | 3418 |
of five years of experience in the field of workers' compensation | 3419 |
insurance or in another similar insurance industry if the | 3420 |
administrator does not possess such experience. The chief | 3421 |
operating officer shall not commence the chief operating officer's | 3422 |
duties until after the senate consents to the chief operating | 3423 |
officer's appointment. The chief operating officer shall serve in | 3424 |
the unclassified civil service of the state. | 3425 |
Sec. 4121.125. (A) The bureau of workers' compensation board | 3426 |
of directors, based upon recommendations of the workers' | 3427 |
compensation actuarial committee, may contract with one or more | 3428 |
outside actuarial firms and other professional persons, as the | 3429 |
board determines necessary, to assist the board in measuring the | 3430 |
performance of Ohio's workers' compensation system and in | 3431 |
comparing Ohio's workers' compensation system to other state and | 3432 |
private workers' compensation systems. The board, actuarial firm | 3433 |
or firms, and professional persons shall make such measurements | 3434 |
and comparisons using accepted insurance industry standards, | 3435 |
including, but not limited to, standards promulgated by the | 3436 |
National Council on Compensation Insurance. | 3437 |
(B) The board may contract with one or more outside firms to | 3438 |
conduct management and financial audits of the workers' | 3439 |
compensation system, including audits of the reserve fund | 3440 |
belonging to the state insurance fund, and to establish objective | 3441 |
quality management principles and methods by which to review the | 3442 |
performance of the workers' compensation system. | 3443 |
(C) The board shall do all of the following: | 3444 |
(1) Contract to have prepared annually by or under the | 3445 |
supervision of an actuary a report that meets the requirements | 3446 |
specified under division (E) of this section and that consists of | 3447 |
an actuarial valuation of the assets, liabilities, and funding | 3448 |
requirements of the state insurance fund and all other funds | 3449 |
specified in this chapter and Chapters 4123., 4127., and 4131. of | 3450 |
the Revised Code; | 3451 |
(2) Require that the actuary or person supervised by an | 3452 |
actuary referred to in division (C)(1) of this section complete | 3453 |
the valuation in accordance with the actuarial standards of | 3454 |
practice promulgated by the actuarial standards board of the | 3455 |
American academy of actuaries; | 3456 |
(3) Submit the report referred to in division (C)(1) of this | 3457 |
section to | 3458 |
committees of the house of representatives and the senate with | 3459 |
primary responsibility for workers' compensation legislation on or | 3460 |
before the first day of November following the year for which the | 3461 |
valuation was made; | 3462 |
(4) Have an actuary or a person who provides actuarial | 3463 |
services under the supervision of an actuary, at such time as the | 3464 |
board determines, and at least once during the five-year period | 3465 |
that commences on September 10, 2007, and once within each | 3466 |
five-year period thereafter, conduct an actuarial investigation of | 3467 |
the experience of employers, the mortality, service, and injury | 3468 |
rate of employees, and the payment of temporary total disability, | 3469 |
permanent partial disability, and permanent total disability under | 3470 |
sections 4123.56 to 4123.58 of the Revised Code to update the | 3471 |
actuarial assumptions used in the report required by division | 3472 |
(C)(1) of this section; | 3473 |
(5) Submit the report required under division (F) of this | 3474 |
section to | 3475 |
representatives and the senate with primary responsibility for | 3476 |
workers' compensation legislation not later than the first day of | 3477 |
November following the fifth year of the period that the report | 3478 |
covers; | 3479 |
(6) Have prepared by or under the supervision of an actuary | 3480 |
an actuarial analysis of any introduced legislation expected to | 3481 |
have a measurable financial impact on the workers' compensation | 3482 |
system; | 3483 |
(7) Submit the report required under division (G) of this | 3484 |
section to the legislative service commission | 3485 |
committees of the house of representatives and the senate with | 3486 |
primary responsibility for workers' compensation legislation | 3487 |
3488 | |
introduction of the legislation. | 3489 |
(D) The administrator of workers' compensation and the | 3490 |
industrial commission shall compile information and provide access | 3491 |
to records of the bureau and the industrial commission to the | 3492 |
board to the extent necessary for fulfillment of both of the | 3493 |
following requirements: | 3494 |
(1) Conduct of the measurements and comparisons described in | 3495 |
division (A) of this section; | 3496 |
(2) Conduct of the management and financial audits and | 3497 |
establishment of the principles and methods described in division | 3498 |
(B) of this section. | 3499 |
(E) The firm or person with whom the board contracts pursuant | 3500 |
to division (C)(1) of this section shall prepare a report of the | 3501 |
valuation and submit the report to the board. The firm or person | 3502 |
shall include all of the following information in the report that | 3503 |
is required under division (C)(1) of this section: | 3504 |
(1) A summary of the compensation and benefit provisions | 3505 |
evaluated; | 3506 |
(2) A summary of the census data and financial information | 3507 |
used in the valuation; | 3508 |
(3) A description of the actuarial assumptions, actuarial | 3509 |
cost method, and asset valuation method used in the valuation; | 3510 |
(4) A summary of findings that includes a statement of the | 3511 |
actuarial accrued compensation and benefit liabilities and | 3512 |
unfunded actuarial accrued compensation and benefit liabilities; | 3513 |
(5) A schedule showing the effect of any changes in the | 3514 |
compensation and benefit provisions, actuarial assumptions, or | 3515 |
cost methods since the previous annual actuarial valuation report | 3516 |
was submitted to the board. | 3517 |
(F) The actuary or person whom the board designates to | 3518 |
conduct an actuarial investigation under division (C)(4) of this | 3519 |
section shall prepare a report of the actuarial investigation and | 3520 |
shall submit the report to the board. The actuary or person shall | 3521 |
prepare the report and make any recommended changes in actuarial | 3522 |
assumptions in accordance with the actuarial standards of practice | 3523 |
promulgated by the actuarial standards board of the American | 3524 |
academy of actuaries. The actuary or person shall include all of | 3525 |
the following information in the report: | 3526 |
(1) A summary of relevant decrement and economic assumption | 3527 |
experience; | 3528 |
(2) Recommended changes in actuarial assumptions to be used | 3529 |
in subsequent actuarial valuations required by division (C)(1) of | 3530 |
this section; | 3531 |
(3) A measurement of the financial effect of the recommended | 3532 |
changes in actuarial assumptions. | 3533 |
(G) The actuary or person whom the board designates to | 3534 |
conduct the actuarial analysis under division (C)(6) of this | 3535 |
section shall prepare a report of the actuarial analysis and shall | 3536 |
submit that report to the board. The actuary or person shall | 3537 |
complete the analysis in accordance with the actuarial standards | 3538 |
of practice promulgated by the actuarial standards board of the | 3539 |
American academy of actuaries. The actuary or person shall include | 3540 |
all of the following information in the report: | 3541 |
(1) A summary of the statutory changes being evaluated; | 3542 |
(2) A description of or reference to the actuarial | 3543 |
assumptions and actuarial cost method used in the report; | 3544 |
(3) A description of the participant group or groups included | 3545 |
in the report; | 3546 |
(4) A statement of the financial impact of the legislation, | 3547 |
including the resulting increase, if any, in employer premiums, in | 3548 |
actuarial accrued liabilities, and, if an increase in actuarial | 3549 |
accrued liabilities is predicted, the per cent of premium increase | 3550 |
that would be required to amortize the increase in those | 3551 |
liabilities as a level per cent of employer premiums over a period | 3552 |
not to exceed thirty years. | 3553 |
(5) A statement of whether the employer premiums paid to the | 3554 |
bureau of workers' compensation after the proposed change is | 3555 |
enacted are expected to be sufficient to satisfy the funding | 3556 |
objectives established by the board. | 3557 |
(H) The board may, at any time, request an actuary to make | 3558 |
any studies or actuarial valuations to determine the adequacy of | 3559 |
the premium rates established by the administrator in accordance | 3560 |
with sections 4123.29 and 4123.34 of the Revised Code, and may | 3561 |
adjust those rates as recommended by the actuary. | 3562 |
(I) The board shall have an independent auditor, at least | 3563 |
once every ten years, conduct a fiduciary performance audit of the | 3564 |
investment program of the bureau of workers' compensation. That | 3565 |
audit shall include an audit of the investment policies approved | 3566 |
by the board and investment procedures of the bureau. The board | 3567 |
shall submit a copy of that audit to the auditor of state. | 3568 |
(J) The administrator, with the advice and consent of the | 3569 |
board, shall employ an internal auditor who shall report findings | 3570 |
directly to the board, workers' compensation audit committee, and | 3571 |
administrator, except that the internal auditor shall not report | 3572 |
findings directly to the administrator when those findings involve | 3573 |
malfeasance, misfeasance, or nonfeasance on the part of the | 3574 |
administrator. The board and the workers' compensation audit | 3575 |
committee may request and review internal audits conducted by the | 3576 |
internal auditor. | 3577 |
(K) The administrator shall pay the expenses incurred by the | 3578 |
board to effectively fulfill its duties and exercise its powers | 3579 |
under this section as the administrator pays other operating | 3580 |
expenses of the bureau. | 3581 |
Sec. 4121.128. The attorney general shall be the legal | 3582 |
adviser of the bureau of workers' compensation board of directors | 3583 |
3584 |
Sec. 4123.341. The administrative costs of the industrial | 3585 |
commission, | 3586 |
workers' compensation board of directors, and the bureau of | 3587 |
workers' compensation shall be those costs and expenses that are | 3588 |
incident to the discharge of the duties and performance of the | 3589 |
activities of the industrial commission, | 3590 |
and the bureau under this chapter and Chapters 4121., 4125., | 3591 |
4127., 4131., and 4167. of the Revised Code, and all such costs | 3592 |
shall be borne by the state and by other employers amenable to | 3593 |
this chapter as follows: | 3594 |
(A) In addition to the contribution required of the state | 3595 |
under sections 4123.39 and 4123.40 of the Revised Code, the state | 3596 |
shall contribute the sum determined to be necessary under section | 3597 |
4123.342 of the Revised Code. | 3598 |
(B) The director of budget and management may allocate the | 3599 |
state's share of contributions in the manner the director finds | 3600 |
most equitably apportions the costs. | 3601 |
(C) The counties and taxing districts therein shall | 3602 |
contribute such sum as may be required under section 4123.342 of | 3603 |
the Revised Code. | 3604 |
(D) The private employers shall contribute the sum required | 3605 |
under section 4123.342 of the Revised Code. | 3606 |
Sec. 4123.342. (A) The administrator of workers' | 3607 |
compensation shall allocate among counties and taxing districts | 3608 |
therein as a class, the state and its instrumentalities as a | 3609 |
class, private employers who are insured under the private fund as | 3610 |
a class, and self-insuring employers as a class their fair shares | 3611 |
of the administrative costs which are to be borne by such | 3612 |
employers under division (D) of section 4123.341 of the Revised | 3613 |
Code, separately allocating to each class those costs solely | 3614 |
attributable to the activities of the industrial commission | 3615 |
3616 | |
3617 | |
activities of the bureau of workers' compensation board of | 3618 |
directors, and the bureau of workers' compensation in respect of | 3619 |
the class, allocating to any combination of classes those costs | 3620 |
attributable to the activities of the industrial commission, | 3621 |
3622 | |
allocating to all four classes those costs attributable to the | 3623 |
activities of the industrial commission, | 3624 |
bureau in respect of all classes. The administrator shall | 3625 |
separately calculate each employer's assessment in the class, | 3626 |
except self-insuring employers, on the basis of the following | 3627 |
three factors: payroll, paid compensation, and paid medical costs | 3628 |
of the employer for those costs solely attributable to the | 3629 |
activities of the board and the bureau. The administrator shall | 3630 |
separately calculate each employer's assessment in the class, | 3631 |
except self-insuring employers, on the basis of the following | 3632 |
three factors: payroll, paid compensation, and paid medical costs | 3633 |
of the employer for those costs solely attributable to the | 3634 |
activities of the industrial commission. | 3635 |
3636 | |
3637 | |
3638 | |
3639 | |
3640 | |
calculate each self-insuring employer's assessment in accordance | 3641 |
with section 4123.35 of the Revised Code for those costs solely | 3642 |
attributable to the activities of the board and the bureau. The | 3643 |
administrator shall separately calculate each self-insuring | 3644 |
employer's assessment in accordance with section 4123.35 of the | 3645 |
Revised Code for those costs solely attributable to the activities | 3646 |
of the industrial commission. | 3647 |
3648 | |
3649 | |
3650 | |
the industrial commission shall provide to the administrator, the | 3651 |
information necessary for the administrator to allocate and | 3652 |
calculate, with the approval of the chairperson of the industrial | 3653 |
commission, for each class of employer as described in this | 3654 |
division, the costs solely attributable to the activities of the | 3655 |
industrial commission.
| 3656 |
3657 | |
3658 | |
3659 | |
3660 | |
3661 |
(B) The administrator shall divide the administrative cost | 3662 |
assessments collected by the administrator into | 3663 |
administrative assessment accounts within the state insurance | 3664 |
fund. One of the administrative assessment accounts shall consist | 3665 |
of the administrative cost assessment collected by the | 3666 |
administrator for the industrial commission. | 3667 |
3668 | |
3669 | |
3670 | |
consist of the administrative cost assessments collected by the | 3671 |
administrator for the bureau and the board. The administrator may | 3672 |
invest the administrative cost assessments in these accounts on | 3673 |
behalf of the bureau | 3674 |
as authorized in section 4123.44 of the Revised Code. In a timely | 3675 |
manner, the administrator shall provide to the industrial | 3676 |
commission | 3677 |
commission | 3678 |
commission | 3679 |
and the disbursements from the administrative assessment account | 3680 |
for the industrial commission | 3681 |
3682 |
(C) The administrator or the administrator's designee shall | 3683 |
transfer moneys as necessary from the administrative assessment | 3684 |
account identified for the bureau and the board to the workers' | 3685 |
compensation fund for the use of the bureau and the board. As | 3686 |
necessary and upon the authorization of the industrial commission, | 3687 |
the administrator or the administrator's designee shall transfer | 3688 |
moneys from the administrative assessment account identified for | 3689 |
the industrial commission to the industrial commission operating | 3690 |
fund created under section 4121.021 of the Revised Code. To the | 3691 |
extent that the moneys collected by the administrator in any | 3692 |
fiscal biennium of the state equal the sum appropriated by the | 3693 |
general assembly for administrative costs of the industrial | 3694 |
commission, board, and bureau for the biennium | 3695 |
3696 | |
3697 | |
fund | 3698 |
3699 | |
3700 | |
remainder shall be retained in those funds and applied to reduce | 3701 |
the amount collected during the next biennium. | 3702 |
| 3703 |
3704 | |
3705 | |
3706 | |
3707 | |
3708 |
| 3709 |
Code apply to the collection of assessments from public and | 3710 |
private employers respectively, except that for boards of county | 3711 |
hospital trustees that are self-insuring employers, only those | 3712 |
provisions applicable to the collection of assessments for private | 3713 |
employers apply. | 3714 |
Sec. 4123.35. (A) Except as provided in this section, every | 3715 |
employer mentioned in division (B)(2) of section 4123.01 of the | 3716 |
Revised Code, and every publicly owned utility shall pay | 3717 |
semiannually in the months of January and July into the state | 3718 |
insurance fund the amount of annual premium the administrator of | 3719 |
workers' compensation fixes for the employment or occupation of | 3720 |
the employer, the amount of which premium to be paid by each | 3721 |
employer to be determined by the classifications, rules, and rates | 3722 |
made and published by the administrator. The employer shall pay | 3723 |
semiannually a further sum of money into the state insurance fund | 3724 |
as may be ascertained to be due from the employer by applying the | 3725 |
rules of the administrator, and a receipt or certificate | 3726 |
certifying that payment has been made, along with a written notice | 3727 |
as is required in section 4123.54 of the Revised Code, shall be | 3728 |
mailed immediately to the employer by the bureau of workers' | 3729 |
compensation. The receipt or certificate is prima-facie evidence | 3730 |
of the payment of the premium, and the proper posting of the | 3731 |
notice constitutes the employer's compliance with the notice | 3732 |
requirement mandated in section 4123.54 of the Revised Code. | 3733 |
The bureau of workers' compensation shall verify with the | 3734 |
secretary of state the existence of all corporations and | 3735 |
organizations making application for workers' compensation | 3736 |
coverage and shall require every such application to include the | 3737 |
employer's federal identification number. | 3738 |
An employer as defined in division (B)(2) of section 4123.01 | 3739 |
of the Revised Code who has contracted with a subcontractor is | 3740 |
liable for the unpaid premium due from any subcontractor with | 3741 |
respect to that part of the payroll of the subcontractor that is | 3742 |
for work performed pursuant to the contract with the employer. | 3743 |
Division (A) of this section providing for the payment of | 3744 |
premiums semiannually does not apply to any employer who was a | 3745 |
subscriber to the state insurance fund prior to January 1, 1914, | 3746 |
or who may first become a subscriber to the fund in any month | 3747 |
other than January or July. Instead, the semiannual premiums shall | 3748 |
be paid by those employers from time to time upon the expiration | 3749 |
of the respective periods for which payments into the fund have | 3750 |
been made by them. | 3751 |
The administrator shall adopt rules to permit employers to | 3752 |
make periodic payments of the semiannual premium due under this | 3753 |
division. The rules shall include provisions for the assessment of | 3754 |
interest charges, where appropriate, and for the assessment of | 3755 |
penalties when an employer fails to make timely premium payments. | 3756 |
An employer who timely pays the amounts due under this division is | 3757 |
entitled to all of the benefits and protections of this chapter. | 3758 |
Upon receipt of payment, the bureau immediately shall mail a | 3759 |
receipt or certificate to the employer certifying that payment has | 3760 |
been made, which receipt is prima-facie evidence of payment. | 3761 |
Workers' compensation coverage under this chapter continues | 3762 |
uninterrupted upon timely receipt of payment under this division. | 3763 |
Every public employer, except public employers that are | 3764 |
self-insuring employers under this section, shall comply with | 3765 |
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in | 3766 |
regard to the contribution of moneys to the public insurance fund. | 3767 |
(B) Employers who will abide by the rules of the | 3768 |
administrator and who may be of sufficient financial ability to | 3769 |
render certain the payment of compensation to injured employees or | 3770 |
the dependents of killed employees, and the furnishing of medical, | 3771 |
surgical, nursing, and hospital attention and services and | 3772 |
medicines, and funeral expenses, equal to or greater than is | 3773 |
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64 | 3774 |
to 4123.67 of the Revised Code, and who do not desire to insure | 3775 |
the payment thereof or indemnify themselves against loss sustained | 3776 |
by the direct payment thereof, upon a finding of such facts by the | 3777 |
administrator, may be granted the privilege to pay individually | 3778 |
compensation, and furnish medical, surgical, nursing, and hospital | 3779 |
services and attention and funeral expenses directly to injured | 3780 |
employees or the dependents of killed employees, thereby being | 3781 |
granted status as a self-insuring employer. The administrator may | 3782 |
charge employers who apply for the status as a self-insuring | 3783 |
employer a reasonable application fee to cover the bureau's costs | 3784 |
in connection with processing and making a determination with | 3785 |
respect to an application. | 3786 |
All employers granted status as self-insuring employers shall | 3787 |
demonstrate sufficient financial and administrative ability to | 3788 |
assure that all obligations under this section are promptly met. | 3789 |
The administrator shall deny the privilege where the employer is | 3790 |
unable to demonstrate the employer's ability to promptly meet all | 3791 |
the obligations imposed on the employer by this section. | 3792 |
(1) The administrator shall consider, but is not limited to, | 3793 |
the following factors, where applicable, in determining the | 3794 |
employer's ability to meet all of the obligations imposed on the | 3795 |
employer by this section: | 3796 |
(a) The employer employs a minimum of five hundred employees | 3797 |
in this state; | 3798 |
(b) The employer has operated in this state for a minimum of | 3799 |
two years, provided that an employer who has purchased, acquired, | 3800 |
or otherwise succeeded to the operation of a business, or any part | 3801 |
thereof, situated in this state that has operated for at least two | 3802 |
years in this state, also shall qualify; | 3803 |
(c) Where the employer previously contributed to the state | 3804 |
insurance fund or is a successor employer as defined by bureau | 3805 |
rules, the amount of the buyout, as defined by bureau rules; | 3806 |
(d) The sufficiency of the employer's assets located in this | 3807 |
state to insure the employer's solvency in paying compensation | 3808 |
directly; | 3809 |
(e) The financial records, documents, and data, certified by | 3810 |
a certified public accountant, necessary to provide the employer's | 3811 |
full financial disclosure. The records, documents, and data | 3812 |
include, but are not limited to, balance sheets and profit and | 3813 |
loss history for the current year and previous four years. | 3814 |
(f) The employer's organizational plan for the administration | 3815 |
of the workers' compensation law; | 3816 |
(g) The employer's proposed plan to inform employees of the | 3817 |
change from a state fund insurer to a self-insuring employer, the | 3818 |
procedures the employer will follow as a self-insuring employer, | 3819 |
and the employees' rights to compensation and benefits; and | 3820 |
(h) The employer has either an account in a financial | 3821 |
institution in this state, or if the employer maintains an account | 3822 |
with a financial institution outside this state, ensures that | 3823 |
workers' compensation checks are drawn from the same account as | 3824 |
payroll checks or the employer clearly indicates that payment will | 3825 |
be honored by a financial institution in this state. | 3826 |
The administrator may waive the requirements of divisions | 3827 |
(B)(1)(a) and (b) of this section and the requirement of division | 3828 |
(B)(1)(e) of this section that the financial records, documents, | 3829 |
and data be certified by a certified public accountant. The | 3830 |
administrator shall adopt rules establishing the criteria that an | 3831 |
employer shall meet in order for the administrator to waive the | 3832 |
requirement of division (B)(1)(e) of this section. Such rules may | 3833 |
require additional security of that employer pursuant to division | 3834 |
(E) of section 4123.351 of the Revised Code. | 3835 |
The administrator shall not grant the status of self-insuring | 3836 |
employer to the state, except that the administrator may grant the | 3837 |
status of self-insuring employer to a state institution of higher | 3838 |
education, excluding its hospitals, that meets the requirements of | 3839 |
division (B)(2) of this section. | 3840 |
(2) When considering the application of a public employer, | 3841 |
except for a board of county commissioners described in division | 3842 |
(G) of section 4123.01 of the Revised Code, a board of a county | 3843 |
hospital, or a publicly owned utility, the administrator shall | 3844 |
verify that the public employer satisfies all of the following | 3845 |
requirements as the requirements apply to that public employer: | 3846 |
(a) For the two-year period preceding application under this | 3847 |
section, the public employer has maintained an unvoted debt | 3848 |
capacity equal to at least two times the amount of the current | 3849 |
annual premium established by the administrator under this chapter | 3850 |
for that public employer for the year immediately preceding the | 3851 |
year in which the public employer makes application under this | 3852 |
section. | 3853 |
(b) For each of the two fiscal years preceding application | 3854 |
under this section, the unreserved and undesignated year-end fund | 3855 |
balance in the public employer's general fund is equal to at least | 3856 |
five per cent of the public employer's general fund revenues for | 3857 |
the fiscal year computed in accordance with generally accepted | 3858 |
accounting principles. | 3859 |
(c) For the five-year period preceding application under this | 3860 |
section, the public employer, to the extent applicable, has | 3861 |
complied fully with the continuing disclosure requirements | 3862 |
established in rules adopted by the United States securities and | 3863 |
exchange commission under 17 C.F.R. 240.15c 2-12. | 3864 |
(d) For the five-year period preceding application under this | 3865 |
section, the public employer has not had its local government fund | 3866 |
distribution withheld on account of the public employer being | 3867 |
indebted or otherwise obligated to the state. | 3868 |
(e) For the five-year period preceding application under this | 3869 |
section, the public employer has not been under a fiscal watch or | 3870 |
fiscal emergency pursuant to section 118.023, 118.04, or 3316.03 | 3871 |
of the Revised Code. | 3872 |
(f) For the public employer's fiscal year preceding | 3873 |
application under this section, the public employer has obtained | 3874 |
an annual financial audit as required under section 117.10 of the | 3875 |
Revised Code, which has been released by the auditor of state | 3876 |
within seven months after the end of the public employer's fiscal | 3877 |
year. | 3878 |
(g) On the date of application, the public employer holds a | 3879 |
debt rating of Aa3 or higher according to Moody's investors | 3880 |
service, inc., or a comparable rating by an independent rating | 3881 |
agency similar to Moody's investors service, inc. | 3882 |
(h) The public employer agrees to generate an annual | 3883 |
accumulating book reserve in its financial statements reflecting | 3884 |
an actuarially generated reserve adequate to pay projected claims | 3885 |
under this chapter for the applicable period of time, as | 3886 |
determined by the administrator. | 3887 |
(i) For a public employer that is a hospital, the public | 3888 |
employer shall submit audited financial statements showing the | 3889 |
hospital's overall liquidity characteristics, and the | 3890 |
administrator shall determine, on an individual basis, whether the | 3891 |
public employer satisfies liquidity standards equivalent to the | 3892 |
liquidity standards of other public employers. | 3893 |
(j) Any additional criteria that the administrator adopts by | 3894 |
rule pursuant to division (E) of this section. | 3895 |
The administrator shall not approve the application of a | 3896 |
public employer, except for a board of county commissioners | 3897 |
described in division (G) of section 4123.01 of the Revised Code, | 3898 |
a board of a county hospital, or publicly owned utility, who does | 3899 |
not satisfy all of the requirements listed in division (B)(2) of | 3900 |
this section. | 3901 |
(C) A board of county commissioners described in division (G) | 3902 |
of section 4123.01 of the Revised Code, as an employer, that will | 3903 |
abide by the rules of the administrator and that may be of | 3904 |
sufficient financial ability to render certain the payment of | 3905 |
compensation to injured employees or the dependents of killed | 3906 |
employees, and the furnishing of medical, surgical, nursing, and | 3907 |
hospital attention and services and medicines, and funeral | 3908 |
expenses, equal to or greater than is provided for in sections | 3909 |
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised | 3910 |
Code, and that does not desire to insure the payment thereof or | 3911 |
indemnify itself against loss sustained by the direct payment | 3912 |
thereof, upon a finding of such facts by the administrator, may be | 3913 |
granted the privilege to pay individually compensation, and | 3914 |
furnish medical, surgical, nursing, and hospital services and | 3915 |
attention and funeral expenses directly to injured employees or | 3916 |
the dependents of killed employees, thereby being granted status | 3917 |
as a self-insuring employer. The administrator may charge a board | 3918 |
of county commissioners described in division (G) of section | 3919 |
4123.01 of the Revised Code that applies for the status as a | 3920 |
self-insuring employer a reasonable application fee to cover the | 3921 |
bureau's costs in connection with processing and making a | 3922 |
determination with respect to an application. All employers | 3923 |
granted such status shall demonstrate sufficient financial and | 3924 |
administrative ability to assure that all obligations under this | 3925 |
section are promptly met. The administrator shall deny the | 3926 |
privilege where the employer is unable to demonstrate the | 3927 |
employer's ability to promptly meet all the obligations imposed on | 3928 |
the employer by this section. The administrator shall consider, | 3929 |
but is not limited to, the following factors, where applicable, in | 3930 |
determining the employer's ability to meet all of the obligations | 3931 |
imposed on the board as an employer by this section: | 3932 |
(1) The board as an employer employs a minimum of five | 3933 |
hundred employees in this state; | 3934 |
(2) The board has operated in this state for a minimum of two | 3935 |
years; | 3936 |
(3) Where the board previously contributed to the state | 3937 |
insurance fund or is a successor employer as defined by bureau | 3938 |
rules, the amount of the buyout, as defined by bureau rules; | 3939 |
(4) The sufficiency of the board's assets located in this | 3940 |
state to insure the board's solvency in paying compensation | 3941 |
directly; | 3942 |
(5) The financial records, documents, and data, certified by | 3943 |
a certified public accountant, necessary to provide the board's | 3944 |
full financial disclosure. The records, documents, and data | 3945 |
include, but are not limited to, balance sheets and profit and | 3946 |
loss history for the current year and previous four years. | 3947 |
(6) The board's organizational plan for the administration of | 3948 |
the workers' compensation law; | 3949 |
(7) The board's proposed plan to inform employees of the | 3950 |
proposed self-insurance, the procedures the board will follow as a | 3951 |
self-insuring employer, and the employees' rights to compensation | 3952 |
and benefits; | 3953 |
(8) The board has either an account in a financial | 3954 |
institution in this state, or if the board maintains an account | 3955 |
with a financial institution outside this state, ensures that | 3956 |
workers' compensation checks are drawn from the same account as | 3957 |
payroll checks or the board clearly indicates that payment will be | 3958 |
honored by a financial institution in this state; | 3959 |
(9) The board shall provide the administrator a surety bond | 3960 |
in an amount equal to one hundred twenty-five per cent of the | 3961 |
projected losses as determined by the administrator. | 3962 |
(D) The administrator shall require a surety bond from all | 3963 |
self-insuring employers, issued pursuant to section 4123.351 of | 3964 |
the Revised Code, that is sufficient to compel, or secure to | 3965 |
injured employees, or to the dependents of employees killed, the | 3966 |
payment of compensation and expenses, which shall in no event be | 3967 |
less than that paid or furnished out of the state insurance fund | 3968 |
in similar cases to injured employees or to dependents of killed | 3969 |
employees whose employers contribute to the fund, except when an | 3970 |
employee of the employer, who has suffered the loss of a hand, | 3971 |
arm, foot, leg, or eye prior to the injury for which compensation | 3972 |
is to be paid, and thereafter suffers the loss of any other of the | 3973 |
members as the result of any injury sustained in the course of and | 3974 |
arising out of the employee's employment, the compensation to be | 3975 |
paid by the self-insuring employer is limited to the disability | 3976 |
suffered in the subsequent injury, additional compensation, if | 3977 |
any, to be paid by the bureau out of the surplus created by | 3978 |
section 4123.34 of the Revised Code. | 3979 |
(E) In addition to the requirements of this section, the | 3980 |
administrator shall make and publish rules governing the manner of | 3981 |
making application and the nature and extent of the proof required | 3982 |
to justify a finding of fact by the administrator as to granting | 3983 |
the status of a self-insuring employer, which rules shall be | 3984 |
general in their application, one of which rules shall provide | 3985 |
that all self-insuring employers shall pay into the state | 3986 |
insurance fund such amounts as are required to be credited to the | 3987 |
surplus fund in division (B) of section 4123.34 of the Revised | 3988 |
Code. The administrator may adopt rules establishing requirements | 3989 |
in addition to the requirements described in division (B)(2) of | 3990 |
this section that a public employer shall meet in order to qualify | 3991 |
for self-insuring status. | 3992 |
Employers shall secure directly from the bureau central | 3993 |
offices application forms upon which the bureau shall stamp a | 3994 |
designating number. Prior to submission of an application, an | 3995 |
employer shall make available to the bureau, and the bureau shall | 3996 |
review, the information described in division (B)(1) of this | 3997 |
section, and public employers shall make available, and the bureau | 3998 |
shall review, the information necessary to verify whether the | 3999 |
public employer meets the requirements listed in division (B)(2) | 4000 |
of this section. An employer shall file the completed application | 4001 |
forms with an application fee, which shall cover the costs of | 4002 |
processing the application, as established by the administrator, | 4003 |
by rule, with the bureau at least ninety days prior to the | 4004 |
effective date of the employer's new status as a self-insuring | 4005 |
employer. The application form is not deemed complete until all | 4006 |
the required information is attached thereto. The bureau shall | 4007 |
only accept applications that contain the required information. | 4008 |
(F) The bureau shall review completed applications within a | 4009 |
reasonable time. If the bureau determines to grant an employer the | 4010 |
status as a self-insuring employer, the bureau shall issue a | 4011 |
statement, containing its findings of fact, that is prepared by | 4012 |
the bureau and signed by the administrator. If the bureau | 4013 |
determines not to grant the status as a self-insuring employer, | 4014 |
the bureau shall notify the employer of the determination and | 4015 |
require the employer to continue to pay its full premium into the | 4016 |
state insurance fund. The administrator also shall adopt rules | 4017 |
establishing a minimum level of performance as a criterion for | 4018 |
granting and maintaining the status as a self-insuring employer | 4019 |
and fixing time limits beyond which failure of the self-insuring | 4020 |
employer to provide for the necessary medical examinations and | 4021 |
evaluations may not delay a decision on a claim. | 4022 |
(G) The administrator shall adopt rules setting forth | 4023 |
procedures for auditing the program of self-insuring employers. | 4024 |
The bureau shall conduct the audit upon a random basis or whenever | 4025 |
the bureau has grounds for believing that a self-insuring employer | 4026 |
is not in full compliance with bureau rules or this chapter. | 4027 |
The administrator shall monitor the programs conducted by | 4028 |
self-insuring employers, to ensure compliance with bureau | 4029 |
requirements and for that purpose, shall develop and issue to | 4030 |
self-insuring employers standardized forms for use by the | 4031 |
self-insuring employer in all aspects of the self-insuring | 4032 |
employers' direct compensation program and for reporting of | 4033 |
information to the bureau. | 4034 |
The bureau shall receive and transmit to the self-insuring | 4035 |
employer all complaints concerning any self-insuring employer. In | 4036 |
the case of a complaint against a self-insuring employer, the | 4037 |
administrator shall handle the complaint through the | 4038 |
self-insurance division of the bureau. The bureau shall maintain a | 4039 |
file by employer of all complaints received that relate to the | 4040 |
employer. The bureau shall evaluate each complaint and take | 4041 |
appropriate action. | 4042 |
The administrator shall adopt as a rule a prohibition against | 4043 |
any self-insuring employer from harassing, dismissing, or | 4044 |
otherwise disciplining any employee making a complaint, which rule | 4045 |
shall provide for a financial penalty to be levied by the | 4046 |
administrator payable by the offending self-insuring employer. | 4047 |
(H) For the purpose of making determinations as to whether to | 4048 |
grant status as a self-insuring employer, the administrator may | 4049 |
subscribe to and pay for a credit reporting service that offers | 4050 |
financial and other business information about individual | 4051 |
employers. The costs in connection with the bureau's subscription | 4052 |
or individual reports from the service about an applicant may be | 4053 |
included in the application fee charged employers under this | 4054 |
section. | 4055 |
(I) The administrator, notwithstanding other provisions of | 4056 |
this chapter, may permit a self-insuring employer to resume | 4057 |
payment of premiums to the state insurance fund with appropriate | 4058 |
credit modifications to the employer's basic premium rate as such | 4059 |
rate is determined pursuant to section 4123.29 of the Revised | 4060 |
Code. | 4061 |
(J) On the first day of July of each year, the administrator | 4062 |
shall calculate separately each self-insuring employer's | 4063 |
assessments for the safety and hygiene fund, administrative costs | 4064 |
pursuant to section 4123.342 of the Revised Code, and for the | 4065 |
portion of the surplus fund under division (B) of section 4123.34 | 4066 |
of the Revised Code that is not used for handicapped | 4067 |
reimbursement, on the basis of the paid compensation attributable | 4068 |
to the individual self-insuring employer according to the | 4069 |
following calculation: | 4070 |
(1) The total assessment against all self-insuring employers | 4071 |
as a class for each fund and for the administrative costs for the | 4072 |
year that the assessment is being made, as determined by the | 4073 |
administrator, divided by the total amount of paid compensation | 4074 |
for the previous calendar year attributable to all amenable | 4075 |
self-insuring employers; | 4076 |
(2) Multiply the quotient in division (J)(1) of this section | 4077 |
by the total amount of paid compensation for the previous calendar | 4078 |
year that is attributable to the individual self-insuring employer | 4079 |
for whom the assessment is being determined. Each self-insuring | 4080 |
employer shall pay the assessment that results from this | 4081 |
calculation, unless the assessment resulting from this calculation | 4082 |
falls below a minimum assessment, which minimum assessment the | 4083 |
administrator shall determine on the first day of July of each | 4084 |
year with the advice and consent of the bureau of workers' | 4085 |
compensation board of directors, in which event, the self-insuring | 4086 |
employer shall pay the minimum assessment. | 4087 |
In determining the total amount due for the total assessment | 4088 |
against all self-insuring employers as a class for each fund and | 4089 |
the administrative assessment, the administrator shall reduce | 4090 |
proportionately the total for each fund and assessment by the | 4091 |
amount of money in the self-insurance assessment fund as of the | 4092 |
date of the computation of the assessment. | 4093 |
The administrator shall calculate the assessment for the | 4094 |
portion of the surplus fund under division (B) of section 4123.34 | 4095 |
of the Revised Code that is used for handicapped reimbursement in | 4096 |
the same manner as set forth in divisions (J)(1) and (2) of this | 4097 |
section except that the administrator shall calculate the total | 4098 |
assessment for this portion of the surplus fund only on the basis | 4099 |
of those self-insuring employers that retain participation in the | 4100 |
handicapped reimbursement program and the individual self-insuring | 4101 |
employer's proportion of paid compensation shall be calculated | 4102 |
only for those self-insuring employers who retain participation in | 4103 |
the handicapped reimbursement program. The administrator, as the | 4104 |
administrator determines appropriate, may determine the total | 4105 |
assessment for the handicapped portion of the surplus fund in | 4106 |
accordance with sound actuarial principles. | 4107 |
The administrator shall calculate the assessment for the | 4108 |
portion of the surplus fund under division (B) of section 4123.34 | 4109 |
of the Revised Code that under division (D) of section 4121.66 of | 4110 |
the Revised Code is used for rehabilitation costs in the same | 4111 |
manner as set forth in divisions (J)(1) and (2) of this section, | 4112 |
except that the administrator shall calculate the total assessment | 4113 |
for this portion of the surplus fund only on the basis of those | 4114 |
self-insuring employers who have not made the election to make | 4115 |
payments directly under division (D) of section 4121.66 of the | 4116 |
Revised Code and an individual self-insuring employer's proportion | 4117 |
of paid compensation only for those self-insuring employers who | 4118 |
have not made that election. | 4119 |
The administrator shall calculate the assessment for the | 4120 |
portion of the surplus fund under division (B) of section 4123.34 | 4121 |
of the Revised Code that is used for reimbursement to a | 4122 |
self-insuring employer under division (H) of section 4123.512 of | 4123 |
the Revised Code in the same manner as set forth in divisions | 4124 |
(J)(1) and (2) of this section except that the administrator shall | 4125 |
calculate the total assessment for this portion of the surplus | 4126 |
fund only on the basis of those self-insuring employers that | 4127 |
retain participation in reimbursement to the self-insuring | 4128 |
employer under division (H) of section 4123.512 of the Revised | 4129 |
Code and the individual self-insuring employer's proportion of | 4130 |
paid compensation shall be calculated only for those self-insuring | 4131 |
employers who retain participation in reimbursement to the | 4132 |
self-insuring employer under division (H) of section 4123.512 of | 4133 |
the Revised Code. | 4134 |
An employer who no longer is a self-insuring employer in this | 4135 |
state or who no longer is operating in this state, shall continue | 4136 |
to pay assessments for administrative costs and for the portion of | 4137 |
the surplus fund under division (B) of section 4123.34 of the | 4138 |
Revised Code that is not used for handicapped reimbursement, based | 4139 |
upon paid compensation attributable to claims that occurred while | 4140 |
the employer was a self-insuring employer within this state. | 4141 |
(K) | 4142 |
4143 | |
4144 | |
4145 | |
4146 | |
4147 | |
4148 | |
state treasury the self-insurance assessment fund. All investment | 4149 |
earnings of the fund shall be deposited in the fund. The | 4150 |
administrator shall use the money in the self-insurance assessment | 4151 |
fund only for administrative costs as specified in section | 4152 |
4123.341 of the Revised Code. | 4153 |
(L) Every self-insuring employer shall certify, in affidavit | 4154 |
form subject to the penalty for perjury, to the bureau the amount | 4155 |
of the self-insuring employer's paid compensation for the previous | 4156 |
calendar year. In reporting paid compensation paid for the | 4157 |
previous year, a self-insuring employer shall exclude from the | 4158 |
total amount of paid compensation any reimbursement the | 4159 |
self-insuring employer receives in the previous calendar year from | 4160 |
the surplus fund pursuant to section 4123.512 of the Revised Code | 4161 |
for any paid compensation. The self-insuring employer also shall | 4162 |
exclude from the paid compensation reported any amount recovered | 4163 |
under section 4123.931 of the Revised Code and any amount that is | 4164 |
determined not to have been payable to or on behalf of a claimant | 4165 |
in any final administrative or judicial proceeding. The | 4166 |
self-insuring employer shall exclude such amounts from the paid | 4167 |
compensation reported in the reporting period subsequent to the | 4168 |
date the determination is made. The administrator shall adopt | 4169 |
rules, in accordance with Chapter 119. of the Revised Code, that | 4170 |
provide for all of the following: | 4171 |
(1) Establishing the date by which self-insuring employers | 4172 |
must submit such information and the amount of the assessments | 4173 |
provided for in division (J) of this section for employers who | 4174 |
have been granted self-insuring status within the last calendar | 4175 |
year; | 4176 |
(2) If an employer fails to pay the assessment when due, the | 4177 |
administrator may add a late fee penalty of not more than five | 4178 |
hundred dollars to the assessment plus an additional penalty | 4179 |
amount as follows: | 4180 |
(a) For an assessment from sixty-one to ninety days past due, | 4181 |
the prime interest rate, multiplied by the assessment due; | 4182 |
(b) For an assessment from ninety-one to one hundred twenty | 4183 |
days past due, the prime interest rate plus two per cent, | 4184 |
multiplied by the assessment due; | 4185 |
(c) For an assessment from one hundred twenty-one to one | 4186 |
hundred fifty days past due, the prime interest rate plus four per | 4187 |
cent, multiplied by the assessment due; | 4188 |
(d) For an assessment from one hundred fifty-one to one | 4189 |
hundred eighty days past due, the prime interest rate plus six per | 4190 |
cent, multiplied by the assessment due; | 4191 |
(e) For an assessment from one hundred eighty-one to two | 4192 |
hundred ten days past due, the prime interest rate plus eight per | 4193 |
cent, multiplied by the assessment due; | 4194 |
(f) For each additional thirty-day period or portion thereof | 4195 |
that an assessment remains past due after it has remained past due | 4196 |
for more than two hundred ten days, the prime interest rate plus | 4197 |
eight per cent, multiplied by the assessment due. | 4198 |
(3) An employer may appeal a late fee penalty and penalty | 4199 |
assessment to the administrator. | 4200 |
For purposes of division (L)(2) of this section, "prime | 4201 |
interest rate" means the average bank prime rate, and the | 4202 |
administrator shall determine the prime interest rate in the same | 4203 |
manner as a county auditor determines the average bank prime rate | 4204 |
under section 929.02 of the Revised Code. | 4205 |
The administrator shall include any assessment and penalties | 4206 |
that remain unpaid for previous assessment periods in the | 4207 |
calculation and collection of any assessments due under this | 4208 |
division or division (J) of this section. | 4209 |
(M) As used in this section, "paid compensation" means all | 4210 |
amounts paid by a self-insuring employer for living maintenance | 4211 |
benefits, all amounts for compensation paid pursuant to sections | 4212 |
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and | 4213 |
4123.64 of the Revised Code, all amounts paid as wages in lieu of | 4214 |
such compensation, all amounts paid in lieu of such compensation | 4215 |
under a nonoccupational accident and sickness program fully funded | 4216 |
by the self-insuring employer, and all amounts paid by a | 4217 |
self-insuring employer for a violation of a specific safety | 4218 |
standard pursuant to Section 35 of Article II, Ohio Constitution | 4219 |
and section 4121.47 of the Revised Code. | 4220 |
(N) Should any section of this chapter or Chapter 4121. of | 4221 |
the Revised Code providing for self-insuring employers' | 4222 |
assessments based upon compensation paid be declared | 4223 |
unconstitutional by a final decision of any court, then that | 4224 |
section of the Revised Code declared unconstitutional shall revert | 4225 |
back to the section in existence prior to November 3, 1989, | 4226 |
providing for assessments based upon payroll. | 4227 |
(O) The administrator may grant a self-insuring employer the | 4228 |
privilege to self-insure a construction project entered into by | 4229 |
the self-insuring employer that is scheduled for completion within | 4230 |
six years after the date the project begins, and the total cost of | 4231 |
which is estimated to exceed one hundred million dollars or, for | 4232 |
employers described in division (R) of this section, if the | 4233 |
construction project is estimated to exceed twenty-five million | 4234 |
dollars. The administrator may waive such cost and time criteria | 4235 |
and grant a self-insuring employer the privilege to self-insure a | 4236 |
construction project regardless of the time needed to complete the | 4237 |
construction project and provided that the cost of the | 4238 |
construction project is estimated to exceed fifty million dollars. | 4239 |
A self-insuring employer who desires to self-insure a construction | 4240 |
project shall submit to the administrator an application listing | 4241 |
the dates the construction project is scheduled to begin and end, | 4242 |
the estimated cost of the construction project, the contractors | 4243 |
and subcontractors whose employees are to be self-insured by the | 4244 |
self-insuring employer, the provisions of a safety program that is | 4245 |
specifically designed for the construction project, and a | 4246 |
statement as to whether a collective bargaining agreement | 4247 |
governing the rights, duties, and obligations of each of the | 4248 |
parties to the agreement with respect to the construction project | 4249 |
exists between the self-insuring employer and a labor | 4250 |
organization. | 4251 |
A self-insuring employer may apply to self-insure the | 4252 |
employees of either of the following: | 4253 |
(1) All contractors and subcontractors who perform labor or | 4254 |
work or provide materials for the construction project; | 4255 |
(2) All contractors and, at the administrator's discretion, a | 4256 |
substantial number of all the subcontractors who perform labor or | 4257 |
work or provide materials for the construction project. | 4258 |
Upon approval of the application, the administrator shall | 4259 |
mail a certificate granting the privilege to self-insure the | 4260 |
construction project to the self-insuring employer. The | 4261 |
certificate shall contain the name of the self-insuring employer | 4262 |
and the name, address, and telephone number of the self-insuring | 4263 |
employer's representatives who are responsible for administering | 4264 |
workers' compensation claims for the construction project. The | 4265 |
self-insuring employer shall post the certificate in a conspicuous | 4266 |
place at the site of the construction project. | 4267 |
The administrator shall maintain a record of the contractors | 4268 |
and subcontractors whose employees are covered under the | 4269 |
certificate issued to the self-insured employer. A self-insuring | 4270 |
employer immediately shall notify the administrator when any | 4271 |
contractor or subcontractor is added or eliminated from inclusion | 4272 |
under the certificate. | 4273 |
Upon approval of the application, the self-insuring employer | 4274 |
is responsible for the administration and payment of all claims | 4275 |
under this chapter and Chapter 4121. of the Revised Code for the | 4276 |
employees of the contractor and subcontractors covered under the | 4277 |
certificate who receive injuries or are killed in the course of | 4278 |
and arising out of employment on the construction project, or who | 4279 |
contract an occupational disease in the course of employment on | 4280 |
the construction project. For purposes of this chapter and Chapter | 4281 |
4121. of the Revised Code, a claim that is administered and paid | 4282 |
in accordance with this division is considered a claim against the | 4283 |
self-insuring employer listed in the certificate. A contractor or | 4284 |
subcontractor included under the certificate shall report to the | 4285 |
self-insuring employer listed in the certificate, all claims that | 4286 |
arise under this chapter and Chapter 4121. of the Revised Code in | 4287 |
connection with the construction project for which the certificate | 4288 |
is issued. | 4289 |
A self-insuring employer who complies with this division is | 4290 |
entitled to the protections provided under this chapter and | 4291 |
Chapter 4121. of the Revised Code with respect to the employees of | 4292 |
the contractors and subcontractors covered under a certificate | 4293 |
issued under this division for death or injuries that arise out | 4294 |
of, or death, injuries, or occupational diseases that arise in the | 4295 |
course of, those employees' employment on that construction | 4296 |
project, as if the employees were employees of the self-insuring | 4297 |
employer, provided that the self-insuring employer also complies | 4298 |
with this section. No employee of the contractors and | 4299 |
subcontractors covered under a certificate issued under this | 4300 |
division shall be considered the employee of the self-insuring | 4301 |
employer listed in that certificate for any purposes other than | 4302 |
this chapter and Chapter 4121. of the Revised Code. Nothing in | 4303 |
this division gives a self-insuring employer authority to control | 4304 |
the means, manner, or method of employment of the employees of the | 4305 |
contractors and subcontractors covered under a certificate issued | 4306 |
under this division. | 4307 |
The contractors and subcontractors included under a | 4308 |
certificate issued under this division are entitled to the | 4309 |
protections provided under this chapter and Chapter 4121. of the | 4310 |
Revised Code with respect to the contractor's or subcontractor's | 4311 |
employees who are employed on the construction project which is | 4312 |
the subject of the certificate, for death or injuries that arise | 4313 |
out of, or death, injuries, or occupational diseases that arise in | 4314 |
the course of, those employees' employment on that construction | 4315 |
project. | 4316 |
The contractors and subcontractors included under a | 4317 |
certificate issued under this division shall identify in their | 4318 |
payroll records the employees who are considered the employees of | 4319 |
the self-insuring employer listed in that certificate for purposes | 4320 |
of this chapter and Chapter 4121. of the Revised Code, and the | 4321 |
amount that those employees earned for employment on the | 4322 |
construction project that is the subject of that certificate. | 4323 |
Notwithstanding any provision to the contrary under this chapter | 4324 |
and Chapter 4121. of the Revised Code, the administrator shall | 4325 |
exclude the payroll that is reported for employees who are | 4326 |
considered the employees of the self-insuring employer listed in | 4327 |
that certificate, and that the employees earned for employment on | 4328 |
the construction project that is the subject of that certificate, | 4329 |
when determining those contractors' or subcontractors' premiums or | 4330 |
assessments required under this chapter and Chapter 4121. of the | 4331 |
Revised Code. A self-insuring employer issued a certificate under | 4332 |
this division shall include in the amount of paid compensation it | 4333 |
reports pursuant to division (L) of this section, the amount of | 4334 |
paid compensation the self-insuring employer paid pursuant to this | 4335 |
division for the previous calendar year. | 4336 |
Nothing in this division shall be construed as altering the | 4337 |
rights of employees under this chapter and Chapter 4121. of the | 4338 |
Revised Code as those rights existed prior to September 17, 1996. | 4339 |
Nothing in this division shall be construed as altering the rights | 4340 |
devolved under sections 2305.31 and 4123.82 of the Revised Code as | 4341 |
those rights existed prior to September 17, 1996. | 4342 |
As used in this division, "privilege to self-insure a | 4343 |
construction project" means privilege to pay individually | 4344 |
compensation, and to furnish medical, surgical, nursing, and | 4345 |
hospital services and attention and funeral expenses directly to | 4346 |
injured employees or the dependents of killed employees. | 4347 |
(P) A self-insuring employer whose application is granted | 4348 |
under division (O) of this section shall designate a safety | 4349 |
professional to be responsible for the administration and | 4350 |
enforcement of the safety program that is specifically designed | 4351 |
for the construction project that is the subject of the | 4352 |
application. | 4353 |
A self-insuring employer whose application is granted under | 4354 |
division (O) of this section shall employ an ombudsperson for the | 4355 |
construction project that is the subject of the application. The | 4356 |
ombudsperson shall have experience in workers' compensation or the | 4357 |
construction industry, or both. The ombudsperson shall perform all | 4358 |
of the following duties: | 4359 |
(1) Communicate with and provide information to employees who | 4360 |
are injured in the course of, or whose injury arises out of | 4361 |
employment on the construction project, or who contract an | 4362 |
occupational disease in the course of employment on the | 4363 |
construction project; | 4364 |
(2) Investigate the status of a claim upon the request of an | 4365 |
employee to do so; | 4366 |
(3) Provide information to claimants, third party | 4367 |
administrators, employers, and other persons to assist those | 4368 |
persons in protecting their rights under this chapter and Chapter | 4369 |
4121. of the Revised Code. | 4370 |
A self-insuring employer whose application is granted under | 4371 |
division (O) of this section shall post the name of the safety | 4372 |
professional and the ombudsperson and instructions for contacting | 4373 |
the safety professional and the ombudsperson in a conspicuous | 4374 |
place at the site of the construction project. | 4375 |
(Q) The administrator may consider all of the following when | 4376 |
deciding whether to grant a self-insuring employer the privilege | 4377 |
to self-insure a construction project as provided under division | 4378 |
(O) of this section: | 4379 |
(1) Whether the self-insuring employer has an organizational | 4380 |
plan for the administration of the workers' compensation law; | 4381 |
(2) Whether the safety program that is specifically designed | 4382 |
for the construction project provides for the safety of employees | 4383 |
employed on the construction project, is applicable to all | 4384 |
contractors and subcontractors who perform labor or work or | 4385 |
provide materials for the construction project, and has as a | 4386 |
component, a safety training program that complies with standards | 4387 |
adopted pursuant to the "Occupational Safety and Health Act of | 4388 |
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing | 4389 |
management and employee involvement; | 4390 |
(3) Whether granting the privilege to self-insure the | 4391 |
construction project will reduce the costs of the construction | 4392 |
project; | 4393 |
(4) Whether the self-insuring employer has employed an | 4394 |
ombudsperson as required under division (P) of this section; | 4395 |
(5) Whether the self-insuring employer has sufficient surety | 4396 |
to secure the payment of claims for which the self-insuring | 4397 |
employer would be responsible pursuant to the granting of the | 4398 |
privilege to self-insure a construction project under division (O) | 4399 |
of this section. | 4400 |
(R) As used in divisions (O), (P), and (Q), "self-insuring | 4401 |
employer" includes the following employers, whether or not they | 4402 |
have been granted the status of being a self-insuring employer | 4403 |
under division (B) of this section: | 4404 |
(1) A state institution of higher education; | 4405 |
(2) A school district; | 4406 |
(3) A county school financing district; | 4407 |
(4) An educational service center; | 4408 |
(5) A community school established under Chapter 3314. of the | 4409 |
Revised Code; | 4410 |
(6) A municipal power agency as defined in section 3734.058 | 4411 |
of the Revised Code. | 4412 |
(S) As used in this section: | 4413 |
(1) "Unvoted debt capacity" means the amount of money that a | 4414 |
public employer may borrow without voter approval of a tax levy; | 4415 |
(2) "State institution of higher education" means the state | 4416 |
universities listed in section 3345.011 of the Revised Code, | 4417 |
community colleges created pursuant to Chapter 3354. of the | 4418 |
Revised Code, university branches created pursuant to Chapter | 4419 |
3355. of the Revised Code, technical colleges created pursuant to | 4420 |
Chapter 3357. of the Revised Code, and state community colleges | 4421 |
created pursuant to Chapter 3358. of the Revised Code. | 4422 |
Sec. 5111.708. (A) The director of job and family services | 4423 |
4424 | |
adopt rules in accordance with Chapter 119. of the Revised Code as | 4425 |
necessary to implement the medicaid buy-in for workers with | 4426 |
disabilities program. The rules shall do all of the following: | 4427 |
(1) Specify assets, asset values, and amounts to be | 4428 |
disregarded in determining asset and income eligibility limits for | 4429 |
the program; | 4430 |
(2) Establish meanings for the terms "earned income," "health | 4431 |
insurance," "resources," "spouse," and "unearned income"; | 4432 |
(3) Establish additional eligibility requirements for the | 4433 |
program that must be established for the United States secretary | 4434 |
of health and human services to approve the program; | 4435 |
(4) For the purpose of division (B) of section 5111.704 of | 4436 |
the Revised Code, specify an amount to be subtracted from the | 4437 |
difference determined under division (A) of that section. | 4438 |
(B) The director | 4439 |
4440 | |
of the Revised Code to specify amounts to be disregarded from an | 4441 |
individual's earned income, unearned income, or both under | 4442 |
division (C) of section 5111.703 of the Revised Code for the | 4443 |
purpose of determining whether the individual is within the income | 4444 |
eligibility limit for the medicaid buy-in for workers with | 4445 |
disabilities program. | 4446 |
Sec. 5123.032. (A) As used in this section, "developmental | 4447 |
center" means any institution or facility of the department of | 4448 |
developmental disabilities that, on or after January 30, 2004, is | 4449 |
named, designated, or referred to as a developmental center. | 4450 |
(B) Notwithstanding any other provision of law, | 4451 |
4452 | |
subject to, and in accordance with, this section. | 4453 |
4454 | |
4455 | |
4456 | |
4457 | |
4458 | |
4459 | |
4460 | |
4461 | |
4462 |
(C) Notwithstanding any other provision of law, | 4463 |
4464 | |
public announcement that the governor intends to close one or more | 4465 |
developmental centers, the governor shall notify the general | 4466 |
assembly in writing that the governor intends to close one or more | 4467 |
developmental centers. | 4468 |
4469 | |
4470 | |
4471 | |
4472 | |
4473 | |
assembly in writing of the prior announcement and that the | 4474 |
governor intends to close the center identified in the prior | 4475 |
announcement, and the notification to the general assembly shall | 4476 |
constitute, for purposes of this section, the governor's official, | 4477 |
public announcement that the governor intends to close that | 4478 |
center. | 4479 |
The notice required by this division shall identify by name | 4480 |
each developmental center that the governor intends to close or, | 4481 |
if the governor has not determined any specific developmental | 4482 |
center to close, shall state the governor's general intent to | 4483 |
close one or more developmental centers. When the governor | 4484 |
notifies the general assembly as required by this division, the | 4485 |
legislative service commission promptly shall conduct an | 4486 |
independent study of the developmental centers of the department | 4487 |
of developmental disabilities and of the department's operation of | 4488 |
the centers, and the study shall address relevant criteria and | 4489 |
factors, including, but not limited to, all of the following: | 4490 |
(1) The manner in which the closure of developmental centers | 4491 |
in general would affect the safety, health, well-being, and | 4492 |
lifestyle of the centers' residents and their family members and | 4493 |
would affect public safety and, if the governor's notice | 4494 |
identifies by name one or more developmental centers that the | 4495 |
governor intends to close, the manner in which the closure of each | 4496 |
center so identified would affect the safety, health, well-being, | 4497 |
and lifestyle of the center's residents and their family members | 4498 |
and would affect public safety; | 4499 |
(2) The availability of alternate facilities; | 4500 |
(3) The cost effectiveness of the facilities identified for | 4501 |
closure; | 4502 |
(4) A comparison of the cost of residing at a facility | 4503 |
identified for closure and the cost of new living arrangements; | 4504 |
(5) The geographic factors associated with each facility and | 4505 |
its proximity to other similar facilities; | 4506 |
(6) The impact of collective bargaining on facility | 4507 |
operations; | 4508 |
(7) The utilization and maximization of resources; | 4509 |
(8) Continuity of the staff and ability to serve the facility | 4510 |
population; | 4511 |
(9) Continuing costs following closure of a facility; | 4512 |
(10) The impact of the closure on the local economy; | 4513 |
(11) Alternatives and opportunities for consolidation with | 4514 |
other facilities; | 4515 |
(12) How the closing of a facility identified for closure | 4516 |
relates to the department's plans for the future of developmental | 4517 |
centers in this state; | 4518 |
(13) The effect of the closure of developmental centers in | 4519 |
general upon the state's fiscal resources and fiscal status and, | 4520 |
if the governor's notice identifies by name one or more | 4521 |
developmental centers that the governor intends to close, the | 4522 |
effect of the closure of each center so identified upon the | 4523 |
state's fiscal resources and fiscal status. | 4524 |
(D) The legislative service commission shall complete the | 4525 |
study required by division (C) of this section, and prepare a | 4526 |
report that contains its findings, not later than sixty days after | 4527 |
the governor makes the official, public announcement that the | 4528 |
governor intends to close one or more developmental centers as | 4529 |
described in division (C) of this section. The commission shall | 4530 |
provide a copy of the report to each member of the general | 4531 |
assembly who requests a copy of the report. | 4532 |
| 4533 |
4534 | |
4535 | |
4536 | |
4537 | |
4538 | |
4539 | |
4540 | |
4541 | |
4542 | |
4543 | |
4544 | |
4545 | |
4546 |
| 4547 |
4548 | |
4549 | |
4550 | |
4551 | |
4552 | |
4553 | |
4554 | |
4555 | |
4556 | |
4557 | |
4558 | |
4559 | |
4560 | |
4561 | |
4562 | |
4563 | |
4564 | |
4565 | |
4566 | |
4567 | |
4568 | |
4569 | |
4570 | |
4571 | |
4572 | |
4573 | |
4574 | |
4575 | |
4576 | |
4577 |
| 4578 |
4579 | |
4580 | |
4581 | |
4582 | |
4583 | |
4584 | |
4585 | |
4586 | |
4587 |
| 4588 |
| 4589 |
4590 | |
4591 |
| 4592 |
4593 | |
4594 | |
4595 |
| 4596 |
4597 | |
4598 | |
4599 | |
4600 | |
4601 | |
4602 | |
4603 | |
4604 | |
4605 |
| 4606 |
| 4607 |
| 4608 |
4609 | |
4610 |
| 4611 |
4612 | |
4613 | |
4614 | |
4615 | |
4616 |
Sec. 5123.093. The citizen's advisory councils established | 4617 |
under section 5123.092 of the Revised Code shall: | 4618 |
(A) Transmit verbal or written information from any person or | 4619 |
organization associated with the institution or within the | 4620 |
community, that an advisory council considers important, to | 4621 |
4622 | |
4623 | |
disabilities; | 4624 |
(B) Review the records of all applicants to any unclassified | 4625 |
position at the institution, except for resident physician | 4626 |
positions filled under section 5123.11 of the Revised Code; | 4627 |
(C) Review and evaluate institutional employee training and | 4628 |
continuing education programs; | 4629 |
(D) On or before the thirty-first day of January of each | 4630 |
year, submit a written report to the | 4631 |
4632 | |
disabilities regarding matters affecting the institution | 4633 |
including, but not limited to, allegations of dehumanizing | 4634 |
practices and violations of individual or legal rights; | 4635 |
(E) Review institutional budgets, programs, services, and | 4636 |
planning; | 4637 |
(F) Develop and maintain relationships within the community | 4638 |
with community mental retardation and developmental disabilities | 4639 |
organizations; | 4640 |
(G) Participate in the formulation of the institution's | 4641 |
objectives, administrative procedures, program philosophy, and | 4642 |
long range goals; | 4643 |
(H) Bring any matter that an advisory council considers | 4644 |
important to the attention of the joint council on developmental | 4645 |
disabilities and the director of developmental disabilities; | 4646 |
(I) Recommend to the director of developmental disabilities | 4647 |
persons for appointment to citizen's advisory councils; | 4648 |
(J) Adopt any rules or procedures necessary to carry out this | 4649 |
section. | 4650 |
The chairperson of the advisory council or the chairperson's | 4651 |
designee shall be notified within twenty-four hours of any alleged | 4652 |
incident of abuse to a resident or staff member by anyone. | 4653 |
Incidents of resident or staff abuse shall include, but not be | 4654 |
limited to, sudden deaths, accidents, suicides, attempted | 4655 |
suicides, injury caused by other persons, alleged criminal acts, | 4656 |
errors in prescribing or administering medication, theft from | 4657 |
clients, fires, epidemic disease, administering unprescribed | 4658 |
drugs, unauthorized use of restraint, withholding of information | 4659 |
concerning alleged abuse, neglect, or any deprivation of rights as | 4660 |
defined in Chapter 5122. or 5123. of the Revised Code. | 4661 |
Section 2. That existing sections 9.90, 101.532, 101.83, | 4662 |
101.84, 101.85, 101.86, 102.02, 109.91, 121.32, 127.14, 173.03, | 4663 |
173.04, 2953.08, 3302.021, 3311.71, 3312.01, 3312.09, 3313.202, | 4664 |
3701.025, 3701.63, 3727.312, 3737.03, 3737.21, 3737.81, 3737.86, | 4665 |
3737.88, 3743.54, 3746.04, 4117.03, 4121.03, 4121.12, 4121.121, | 4666 |
4121.125, 4121.128, 4123.341, 4123.342, 4123.35, 5111.708, | 4667 |
5123.032, and 5123.093 and sections 9.901, 101.37, 121.374, | 4668 |
122.97, 122.971, 122.98, 122.981, 125.833, 181.21, 181.22, | 4669 |
181.23, 181.24, 181.25, 181.26, 184.23, 184.231, 1349.71, 1349.72, | 4670 |
1501.25, 2151.282, 3306.29, 3306.291, 3306.292, 3306.50, 3306.51, | 4671 |
3306.52, 3306.53, 3306.54, 3306.55, 3306.56, 3306.57, 3306.58, | 4672 |
3306.59, 3311.77, 3312.11, 3312.12, 3319.70, 3319.71, 3701.92, | 4673 |
3727.322, 3746.03, 4121.75, 4121.76, 4121.77, 4121.78, 4121.79, | 4674 |
4501.025, 5111.709, 5111.7010, and 5902.15 of the Revised Code are | 4675 |
hereby repealed. | 4676 |
Section 2.01. That section 5123.60 is hereby repealed | 4677 |
effective October 1, 2012. | 4678 |
Section 3. That Section 20 of Am. Sub. H.B. 554 of the 127th | 4679 |
General Assembly be amended to read as follows: | 4680 |
Sec. 20. The amendments to section 184.02 that add the cross | 4681 |
references to sections 184.25 and 184.26 and enactments of | 4682 |
sections | 4683 |
Revised Code are hereby repealed, effective June 30, 2011. | 4684 |
Section 3.02. That existing Section 20 of Am. Sub. H.B. 554 | 4685 |
of the 127th General Assembly is hereby repealed. | 4686 |
Section 3.03. The intent of the repeal of sections 184.23 and | 4687 |
184.231 of the Revised Code and the amendment of Section 20 of Am. | 4688 |
Sub. H.B. 554 of the 127th General Assembly is to extinguish | 4689 |
sections 184.23 and 184.231 of the Revised Code on the effective | 4690 |
date of this act. | 4691 |
Section 4. The following agencies are retained under division | 4692 |
(D) of section 101.83 of the Revised Code and expire on December | 4693 |
31, 2016: | 4694 |
AGENCY NAME | REVISED CODE OR UNCODIFIED SECTION | 4695 | ||
Academic Distress Commission | 3302.10 | 4696 | ||
Advisory Board of Governor's Office of Faith-Based and Community Initiatives | 107.12 | 4697 | ||
Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence | 3323.33, 3323.34 | 4698 | ||
Advisory Council on Amusement Ride Safety | 1711.51, 1711.52 | 4699 | ||
Advisory Council of Directors for Prison Labor | 5145.162 | 4700 | ||
Advisory Council for Wild, Scenic, or Recreational River Area(s) | 1547.84 | 4701 | ||
Advisory Committee on Livestock Exhibitions | 901.71 | 4702 | ||
Agricultural Commodity Marketing Programs Operating Committees | 924.07 | 4703 | ||
Agricultural Commodity Marketing Programs Coordinating Committee | 924.14 | 4704 | ||
Alternative Energy Advisory Committee | 4928.64(D) | 4705 | ||
AMBER Alert Advisory Committee | 5502.521 | 4706 | ||
Apprenticeship Council | Chapter 4139. | 4707 | ||
Armory Board of Control | 5911.09, 5911.12 | 4708 | ||
Automated Title Processing Board | 4505.09(C)(1) | 4709 | ||
Backflow Advisory Board | 3703.21 | 4710 | ||
Banking Commission | 1123.01 | 4711 | ||
Board of Directors of the Great Lakes Protection Fund | 1506.22 (6161.04) | 4712 | ||
Board of Directors of the Medical Liability Underwriting Association Stabilization Fund | 3929.631 | 4713 | ||
Board of Directors of the Ohio Appalachian Center for Higher Education | 3333.58 | 4714 | ||
Board of Directors of the Ohio Health Reinsurance Program | 3924.08 - 3924.11 | 4715 | ||
Board of Governors of the Commercial Insurance Joint Underwriting Association | 3930.03 | 4716 | ||
Board of Governors of the Medical Liability Underwriting Association | 3929.64 | 4717 | ||
Board of Voting Machines Examiners | 3506.05 | 4718 | ||
Budget Planning and Management Commission | Section 509.10, H.B. 1, 128th G.A. | 4719 | ||
Brain Injury Advisory Committee | 3304.231 | 4720 | ||
Bureau of Workers' Compensation Board of Directors | 4121.12 | 4721 | ||
Capitol Square Review and Advisory Board | 105.41 | 4722 | ||
Child Care Advisory Council | 5104.08 | 4723 | ||
Child Support Guideline Advisory Council | 3119.024 | 4724 | ||
Children's Trust Fund Board | 3109.15 - 3109.17 | 4725 | ||
Citizen's Advisory Council | 5123.092, 5123.093 | 4726 | ||
Clean Ohio Trail Advisory Board | 1519.06 | 4727 | ||
Coastal Resources Advisory Council | 1506.12 | 4728 | ||
Commission on African-American Males | 4112.12, 4112.13 | 4729 | ||
Commission on Hispanic-Latino Affairs | 121.31 | 4730 | ||
Commission on Minority Health | 3701.78 | 4731 | ||
Committee on Prescriptive Governance | 4723.49 - 4723.492 | 4732 | ||
Commodity Advisory Commission | 926.32 | 4733 | ||
Consumer Advisory Committee to the Rehabilitation Services Commission | 3304.24 | 4734 | ||
Continuing Education Committee | 109.80(B) | 4735 | ||
Council on Alcohol and Drug Addiction Services | 3793.09 | 4736 | ||
Council on Unreclaimed Strip Mined Lands | 1513.29 | 4737 | ||
County Sheriff's Standard Car Marking and Uniform Commission | 311.25 - 311.27 | 4738 | ||
Credential Review Board | 3319.65 | 4739 | ||
Credit Union Council | 1733.329 | 4740 | ||
Criminal Sentencing Advisory Committee | 181.22 | 4741 | ||
Data Collection and Analysis Group | 3727.32 | 4742 | ||
Dentist Loan Repayment Advisory Board | 3702.92 | 4743 | ||
Department Advisory Council(s) | 107.18, 121.13 | 4744 | ||
Development Financing Advisory Council | 122.40, 122.41 | 4745 | ||
Early Childhood Advisory Council | 3301.90 | 4746 | ||
Education Commission of the States (Interstate Compact for Education) | 3301.48, 3301.49 | 4747 | ||
Education Management Information System Advisory Board | 3301.0713 | 4748 | ||
Educator Standards Board | 3319.60 | 4749 | ||
Electrical Safety Inspector Advisory Committee | 3783.08 | 4750 | ||
Emergency Response Commission | 3750.02 | 4751 | ||
Engineering Experiment Station Advisory Committee | 3335.27 | 4752 | ||
Environmental Education Council | 3745.21 | 4753 | ||
Environmental Protection Agency Advisory Board(s) | 121.13, 3704.03, 3745.01 | 4754 | ||
eTech Ohio Commission | 3353.02 - 3353.04 | 4755 | ||
Ex-Offender Reentry Coalition | 5120.07 | 4756 | ||
Farmland Preservation Advisory Board | 901.23 | 4757 | ||
Financial Planning and Supervision Commission(s) for Municipal Corporation, County, or Township | 118.05 | 4758 | ||
Financial Planning and Supervision Commission for a school district | 3316.05 | 4759 | ||
Forestry Advisory Council | 1503.40 | 4760 | ||
Governance Authority for a State University or College | 3345.75 | 4761 | ||
Governor's Council on People with Disabilities | 3303.41 | 4762 | ||
Governor's Policy Information Working Group | Section 313, H.B. 420, 127th G.A. | 4763 | ||
Governor's Residence Advisory Commission | 107.40 | 4764 | ||
Grain Marketing Program Operating Committee | 924.20 - 924.30 | 4765 | ||
Great Lakes Commission (Great Lakes Basin Compact) | 6161.01 | 4766 | ||
Gubernatorial Transition Committee | 107.29, 126.26 | 4767 | ||
Help Me Grow Advisory Council | 3701.611 | 4768 | ||
Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council | 3701.0210 | 4769 | ||
Homeland Security Advisory Council | 5502.011(E) | 4770 | ||
Hospital Measures Advisory Council | 3727.31 | 4771 | ||
Housing Trust Fund Advisory Committee | 174.06 | 4772 | ||
Industrial Commission Nominating Council | 4121.04 | 4773 | ||
Industrial Technology and Enterprise Advisory Council | 122.29, 122.30 | 4774 | ||
Infant Hearing Screening Subcommittee | 3701.507 | 4775 | ||
Infection Control Group | 3727.312(D) | 4776 | ||
Insurance Agent Education Advisory Council | 3905.483 | 4777 | ||
Interstate Rail Passenger Advisory Council | 4981.35 | 4778 | ||
Joint Select Committee on Volume Cap | 133.021 | 4779 | ||
Labor-Management Government Advisory Council | 4121.70 | 4780 | ||
Legislative Programming Committee of the Ohio Government Telecommunications Service | 3353.07 | 4781 | ||
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research | 103.51 | 4782 | ||
Maternity and Newborn Advisory Council | 3711.20, 3711.21 | 4783 | ||
Medically Handicapped Children's Medical Advisory Council | 3701.025 | 4784 | ||
Midwest Interstate Passenger Rail Compact Commission | 4981.361 | 4785 | ||
Milk Sanitation Board | 917.03 - 917.032 | 4786 | ||
Mine Subsidence Insurance Governing Board | 3929.51 | 4787 | ||
Minority Development Financing Advisory Board | 122.72, 122.73 | 4788 | ||
Multi-Agency Radio Communications System (MARCS) Steering Committee | Section 15.02, H.B. 640, 123rd G.A. | 4789 | ||
National Museum of Afro-American History and Culture Planning Committee | 149.303 | 4790 | ||
New African Immigrants Commission | 4112.31, 4112.32 | 4791 | ||
Ohio Accountability Task Force | 3302.021(E) | 4792 | ||
Ohio Advisory Council for the Aging | 173.03 | 4793 | ||
Ohio Agriculture License Plate Scholarship Fund Board | 901.90 | 4794 | ||
Ohio Arts Council | Chapter 3379. | 4795 | ||
Ohio Business Gateway Steering Committee | 5703.57 | 4796 | ||
Ohio Cemetery Dispute Resolution Commission | 4767.05, 4767.06 | 4797 | ||
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils | 4112.04(B)(4) | 4798 | ||
Ohio Commercial Market Assistance Plan Executive Committee | 3930.02 | 4799 | ||
Ohio Commission on Dispute Resolution and Conflict Management | 179.02 - 179.04 | 4800 | ||
Ohio Community Service Council | 121.40 - 121.404 | 4801 | ||
Ohio Council for Interstate Adult Offender Supervision | 5149.22 | 4802 | ||
Ohio Cultural Facilities Commission | Chapter 3383. | 4803 | ||
Ohio Cystic Fibrosis Legislative Task Force | 101.38 | 4804 | ||
Ohio Developmental Disabilities Council | 5123.35 | 4805 | ||
Ohio Expositions Commission | 991.02 | 4806 | ||
Ohio Family and Children First Cabinet Council | 121.37 | 4807 | ||
Ohio Geographically Referenced Information Program Council | 125.901, 125.902 | 4808 | ||
Ohio Geology Advisory Council | 1501.11 | 4809 | ||
Ohio Grape Industries Committee | 924.51 - 924.55 | 4810 | ||
Ohio Historic Site Preservation Advisory Board | 149.301 | 4811 | ||
Ohio Historical Society Board of Trustees | 149.30 | 4812 | ||
Ohio Judicial Conference | 105.91 - 105.97 | 4813 | ||
Ohio Lake Erie Commission | 1506.21 | 4814 | ||
Ohio Legislative Commission on the Education and Preservation of State History | Section 701.05, H.B. 1, 128th G.A. | 4815 | ||
Ohio Medical Quality Foundation | 3701.89 | 4816 | ||
Ohio Parks and Recreation Council | 1541.40 | 4817 | ||
Ohio Peace Officer Training Commission | 109.71, 109.72 | 4818 | ||
Ohio Private Investigation and Security Services Commission | 4749.021, 4743.01 | 4819 | ||
Ohio Public Defender Commission | 120.01 - 120.03 | 4820 | ||
Ohio Public Library Information Network Board of Trustees | 3375.65, 3375.66 | 4821 | ||
Ohio Quarter Horse Development Commission | 3769.086 | 4822 | ||
Ohio Small Government Capital Improvements Commission | 164.02(C)(D) | 4823 | ||
Ohio Soil and Water Conservation Commission | 1515.02 | 4824 | ||
Ohio Standardbred Development Commission | 3769.085 | 4825 | ||
Ohio Subrogation Rights Commission | 2323.44 | 4826 | ||
Ohio Thoroughbred Racing Advisory Committee | 3769.084 | 4827 | ||
Ohio Transportation Finance Commission | 5531.12(B) to (D) | 4828 | ||
Ohio Tuition Trust Authority | 3334.03, 3334.08 | 4829 | ||
Ohio University College of Osteopathic Medicine Advisory Committee | 3337.10, 3337.11 | 4830 | ||
Ohio Vendors Representative Committee | 3304.34, 20 USC 107 | 4831 | ||
Ohio War Orphans Scholarship Board | 5910.02 - 5910.06 | 4832 | ||
Ohio Water Advisory Council | 1521.031 | 4833 | ||
Ohio Water Resources Council Advisory Group | 1521.19 | 4834 | ||
Ohio Water Resources Council | 1521.19 | 4835 | ||
Oil and Gas Commission | 1509.35 | 4836 | ||
Operating Committee of the Oil and Gas Marketing Program | 1510.06, 1510.11 | 4837 | ||
Organized Crime Investigations Commission | 177.01 | 4838 | ||
Pharmacy and Therapeutics Committee of the Department of Job and Family Services | 5111.084 | 4839 | ||
Physician Assistant Policy Committee of the State Medical Board | 4730.05, 4730.06 | 4840 | ||
Physician Loan Repayment Advisory Board | 3702.81 | 4841 | ||
Power Siting Board | 4906.02 | 4842 | ||
Prequalification Review Board | 5525.07 | 4843 | ||
Private Water Systems Advisory Council | 3701.346 | 4844 | ||
Public Health Council | 3701.33, 3701.34 | 4845 | ||
Public Utilities Commission Nominating Council | 4901.021 | 4846 | ||
Public Utility Property Tax Study Committee | 5727.85(K) | 4847 | ||
Radiation Advisory Council | 3748.20 | 4848 | ||
Reclamation Commission | 1513.05 | 4849 | ||
Reclamation Forfeiture Fund Advisory Board | 1513.182 | 4850 | ||
Recreation and Resources Commission | 1501.04 | 4851 | ||
Recycling and Litter Prevention Advisory Council | 1502.04 | 4852 | ||
School and Ministerial Lands Divestiture Committee | 501.041 | 4853 | ||
Savings and Loan Associations and Savings Banks Board | 1181.16 | 4854 | ||
Second Chance Trust Fund Advisory Committee | 2108.35 | 4855 | ||
Service Coordination Workgroup | Section 751.20, H.B. 1, 128th G.A. | 4856 | ||
Ski Tramway Board | 4169.02 | 4857 | ||
Small Business Stationary Source Technical and Environmental Compliance Assistance Council | 3704.19 | 4858 | ||
Solid Waste Management Advisory Council | 3734.51 | 4859 | ||
Special Commission to Consider the Suspension of Local Government Officials | 3.16 | 4860 | ||
Speed to Scale Task Force | Section 375.60.80, H.B. 119, 128th G.A. | 4861 | ||
State Agency Coordinating Group | 1521.19 | 4862 | ||
State Audit Committee | 126.46 | 4863 | ||
State Council of Uniform State Laws | 105.21 - 105.27 | 4864 | ||
State Fire Council | 3737.81 | 4865 | ||
State Library Board | 3375.01 | 4866 | ||
State Victims Assistance Advisory Council | 109.91(B) and (C) | 4867 | ||
Statewide Consortium of County Law Library Resource Boards | 3375.481 | 4868 | ||
STEM Committee | 3326.02 | 4869 | ||
Student Tuition Recovery Authority | 3332.081 | 4870 | ||
Sunset Review Committee | 101.84 - 101.87 | 4871 | ||
Tax Credit Authority | 122.17(M) | 4872 | ||
Technical Advisory Committee to Assist Director of the Ohio Coal Development Office | 1551.35 | 4873 | ||
Technical Advisory Council on Oil and Gas | 1509.38 | 4874 | ||
Transportation Review Advisory Council | 5512.07 - 5512.09 | 4875 | ||
Unemployment Compensation Advisory Council | 4141.08 | 4876 | ||
Unemployment Compensation Review Commission | 4141.06 | 4877 | ||
Veterans Advisory Committee | 5902.02(K) | 4878 | ||
Volunteer Fire Fighters' Dependents Fund Boards (private volunteer) | 146.02 - 146.06 | 4879 | ||
Volunteer Fire Fighters' Dependents Fund Boards (public) | 146.02 - 146.06 | 4880 | ||
Water and Sewer Commission | 1525.11(C) | 4881 | ||
Waterways Safety Council | 1547.73 | 4882 | ||
Wildlife Council | 1531.03 - 1531.05 | 4883 | ||
Workers' Compensation Board of Directors Nominating Committee | 4121.123 | 4884 |
Section 5. That sections 101.82, 101.83, 101.84, 101.85, | 4885 |
101.86, and 101.87 of the Revised Code are hereby repealed on | 4886 |
December 31, 2016. | 4887 |
Section 6.01. That Section 513.03 of Am. Sub. H.B. 66 of the | 4888 |
126th General Assembly, as amended by Am. Sub. H.B. 100 of the | 4889 |
126th General Assembly, be amended to read as follows: | 4890 |
Sec. 513.03. (A) Notwithstanding any provision of law to the | 4891 |
contrary and during the period beginning July 1, 2005, and ending | 4892 |
May 1, 2006, or the effective date of H.B. 397 of the 126th | 4893 |
General Assembly, whichever is earlier, the Director of | 4894 |
Environmental Protection or a board of health as defined in | 4895 |
section 3714.01 of the Revised Code shall not issue a license to | 4896 |
open a new construction and demolition debris facility under | 4897 |
Chapter 3714. of the Revised Code and rules adopted under it. | 4898 |
Except as otherwise provided in this division, the moratorium | 4899 |
established by this division applies both with respect to an | 4900 |
application for a license to open a new construction and | 4901 |
demolition debris facility that is submitted on or after the | 4902 |
effective date of this section and to an application for such a | 4903 |
license that has been submitted to the Director or a board of | 4904 |
health prior to the effective date of this section, but concerning | 4905 |
which a license for a facility has not been issued as of that | 4906 |
effective date. | 4907 |
The board of county commissioners of a county may request the | 4908 |
Director or a board of health to continue to process an | 4909 |
application for a license to open a new construction and | 4910 |
demolition debris facility in that county that has been submitted | 4911 |
to the Director or board of health prior to the effective date of | 4912 |
this section. After receiving such a request from a board of | 4913 |
county commissioners, the Director or board of health may then | 4914 |
issue a license for the new construction and demolition debris | 4915 |
facility notwithstanding the moratorium established by this | 4916 |
division. | 4917 |
The moratorium established by this division does not apply to | 4918 |
a license for a new construction and demolition debris facility if | 4919 |
the new facility will be located adjacent or contiguous to a | 4920 |
previously licensed construction and demolition debris facility. | 4921 |
The moratorium also does not apply to an expansion of or other | 4922 |
modification to an existing licensed construction and demolition | 4923 |
debris facility. | 4924 |
(B) The moratorium established by division (A) of this | 4925 |
section does not apply to an application for a license to | 4926 |
establish a construction and demolition debris facility pending | 4927 |
before a board of health or the Director of Environmental | 4928 |
Protection, as applicable, prior to July 1, 2005, and such an | 4929 |
application shall be reviewed and the license shall be issued or | 4930 |
denied in accordance with Chapter 3714. of the Revised Code, if | 4931 |
all of the following apply to the applicant for the license: | 4932 |
(1) The applicant has acquired an interest in the property on | 4933 |
which the facility will be located on or before May 1, 2005. | 4934 |
(2) The applicant has begun a hydrogeologic investigation | 4935 |
pursuant to section 3745-400-09 of the Ohio Administrative Code | 4936 |
prior to submitting the application. | 4937 |
(3) The applicant has begun the engineering plans for the | 4938 |
facility prior to submitting the application. | 4939 |
(4) The application submitted by the applicant would have | 4940 |
been determined to be complete if the moratorium had not been in | 4941 |
effect. | 4942 |
The director shall determine whether this division applies to | 4943 |
an applicant within forty-five days after receiving an applicant's | 4944 |
request for a determination under this division. | 4945 |
| 4946 |
4947 | |
4948 |
| 4949 |
4950 |
| 4951 |
4952 |
| 4953 |
4954 |
| 4955 |
4956 |
| 4957 |
4958 | |
4959 | |
4960 |
| 4961 |
4962 |
| 4963 |
4964 | |
4965 | |
4966 | |
4967 |
| 4968 |
4969 | |
4970 | |
4971 | |
4972 | |
4973 |
| 4974 |
4975 |
| 4976 |
| 4977 |
| 4978 |
| 4979 |
4980 |
| 4981 |
| 4982 |
| 4983 |
4984 |
| 4985 |
4986 |
| 4987 |
4988 | |
4989 | |
4990 |
| 4991 |
4992 |
Section 6.02. That existing Section 513.03 of Am. Sub. H.B. | 4993 |
66 of the 126th General Assembly, as amended by Am. Sub. H.B. 100 | 4994 |
of the 126th General Assembly is hereby repealed. | 4995 |
Section 6.03. That Section 5 of Sub. H.B. 125 of the 127th | 4996 |
General Assembly, as most recently amended by Sub. H.B. 198 of the | 4997 |
128th General Assembly, be amended to read as follows: | 4998 |
Sec. 5. (A) As used in this section | 4999 |
5000 |
(1) "Most favored nation clause" means a provision in a | 5001 |
health care contract that does any of the following: | 5002 |
(a) Prohibits, or grants a contracting entity an option to | 5003 |
prohibit, the participating provider from contracting with another | 5004 |
contracting entity to provide health care services at a lower | 5005 |
price than the payment specified in the contract; | 5006 |
(b) Requires, or grants a contracting entity an option to | 5007 |
require, the participating provider to accept a lower payment in | 5008 |
the event the participating provider agrees to provide health care | 5009 |
services to any other contracting entity at a lower price; | 5010 |
(c) Requires, or grants a contracting entity an option to | 5011 |
require, termination or renegotiation of the existing health care | 5012 |
contract in the event the participating provider agrees to provide | 5013 |
health care services to any other contracting entity at a lower | 5014 |
price; | 5015 |
(d) Requires the participating provider to disclose the | 5016 |
participating provider's contractual reimbursement rates with | 5017 |
other contracting entities. | 5018 |
(2) "Contracting entity," "health care contract," "health | 5019 |
care services," "participating provider," and "provider" have the | 5020 |
same meanings as in section 3963.01 of the Revised Code, as | 5021 |
enacted by Sub. H.B. 125 of the 127th General Assembly. | 5022 |
(B) With respect to a contracting entity and a provider other | 5023 |
than a hospital, no health care contract that includes a most | 5024 |
favored nation clause shall be entered into, and no health care | 5025 |
contract at the instance of a contracting entity shall be amended | 5026 |
or renewed to include a most favored nation clause, for a period | 5027 |
of three years after the effective date of Sub. H.B. 125 of the | 5028 |
127th General Assembly. | 5029 |
(C) With respect to a contracting entity and a hospital, no | 5030 |
health care contract that includes a most favored nation clause | 5031 |
shall be entered into, and no health care contract at the instance | 5032 |
of a contracting entity shall be amended or renewed to include a | 5033 |
most favored nation clause, for a period of three years after the | 5034 |
effective date of Sub. H.B. 125 of the 127th General Assembly | 5035 |
5036 | |
5037 |
(D) This section does not apply to and does not prohibit the | 5038 |
continued use of a most favored nation clause in a health care | 5039 |
contract that is between a contracting entity and a hospital and | 5040 |
that is in existence on the effective date of Sub. H.B. 125 of the | 5041 |
127th General Assembly even if the health care contract is | 5042 |
materially amended with respect to any provision of the health | 5043 |
care contract other than the most favored nation clause during the | 5044 |
two-year period specified in this section or during any extended | 5045 |
period of time as provided in Section 6 of Sub. H.B. 125 of the | 5046 |
127th General Assembly. | 5047 |
Section 6.04. That existing Section 5 of Sub. H.B. 125 of the | 5048 |
127th General Assembly, as most recently amended by Sub. H.B. 198 | 5049 |
of the 128th General Assembly, is hereby repealed. | 5050 |
Section 7.01. That Section 3 of Sub. H.B. 187 of the 126th | 5051 |
General Assembly be amended to read as follows: | 5052 |
Sec. 3. In addition to its recommendations that are included | 5053 |
in | 5054 |
Service Review Commission that was created by Amended Senate Bill | 5055 |
No. 210 of the 123rd General Assembly recommends, with necessary | 5056 |
changes made by the General Assembly to reflect subsequent | 5057 |
legislative enactments, | 5058 |
| 5059 |
conjunction with all appropriate stakeholder groups, | 5060 |
the compensation and classification system that applies to | 5061 |
employees paid by warrant of the Director of Budget and Management | 5062 |
and county employees in order to determine how the system could be | 5063 |
simplified. The Department shall report to the General Assembly on | 5064 |
the results of its study not later than six months after the | 5065 |
effective date of this act and at appropriate intervals | 5066 |
thereafter. | 5067 |
| 5068 |
5069 | |
5070 | |
5071 | |
5072 | |
5073 | |
5074 | |
5075 | |
5076 | |
5077 | |
5078 | |
5079 | |
5080 | |
5081 | |
5082 | |
5083 | |
5084 |
Section 7.02. That existing Section 3 of Sub. H.B. 187 of the | 5085 |
126th General Assembly is hereby repealed. | 5086 |
Section 8. That Section 3 of Sub. H.B. 495 of the 128th | 5087 |
General Assembly and Section 6 of Am. Sub. H.B. 516 of the 125th | 5088 |
General Assembly are repealed. | 5089 |
This repeal prevents the repeal of sections 101.82, 101.83, | 5090 |
101.84, 101.85, 101.86, and 101.87 of the Revised Code that was to | 5091 |
have been effective on December 31, 2010, and that was postponed | 5092 |
until July 1, 2011. These repeals remove all limitations upon the | 5093 |
continued existence of sections 101.82, 101.83, 101.84, 101.85, | 5094 |
101.86, and 101.87 of the Revised Code. The rule of construction | 5095 |
that the repeal of a repealing act does not revive the statute | 5096 |
repealed, which is reflected in section 1.57 of the Revised Code, | 5097 |
does not affect the intent of this section. | 5098 |
Section 9. The following Sections are repealed: | 5099 |
Sections 209.40, 309.40.70, and 709.10 of Am. Sub. H.B. 1 of | 5100 |
the 128th General Assembly | 5101 |
Sections 755.80 and 756.40 of Am. Sub. H.B. 2 of the 128th | 5102 |
General Assembly | 5103 |
Section 3 of Sub. H.B. 7 of the 127th General Assembly | 5104 |
Section 555.17 of Am. Sub. H.B. 67 of the 127th General | 5105 |
Assembly | 5106 |
Sections 263.30.30, 337.20.20, 377.20, and 737.11 of Am. Sub. | 5107 |
H.B. 119 of the 127th General Assembly | 5108 |
Sections 6 and 7 of Sub. H.B. 125 of the 127th General | 5109 |
Assembly | 5110 |
Section 2 of Sub. H.B. 233 of the 127th General Assembly | 5111 |
Sections 703.30 and 715.50 of Am. Sub. H.B. 562 of the 127th | 5112 |
General Assembly | 5113 |
Section 4 of Am. Sub. S.B. 77 of the 127th General Assembly | 5114 |
Sections 206.10.12, 206.42.12, 206.66.24, 206.66.43, | 5115 |
209.63.58, 503.09, and 503.12 of Am. Sub. H.B. 66 of the 126th | 5116 |
General Assembly | 5117 |
Section 4 of Sub. H.B. 187 of the 126th General Assembly | 5118 |
Section 1 of Sub. H.B. 371 of the 126th General Assembly | 5119 |
Section 235.60.70 of Am. Sub. H.B. 699 of the 126th General | 5120 |
Assembly | 5121 |
Section 3 of Am. Sub. S.B. 167 of the 126th General Assembly | 5122 |
Section 5 of Am. Sub. S.B. 260 of the 126th General Assembly | 5123 |
Section 3 of Sub. S.B. 393 of the 126th General Assembly | 5124 |
Sections 12 and 25 of Am. Sub. H.B. 87 of the 125th General | 5125 |
Assembly | 5126 |
Sections 41.35 and 153 of Am. Sub. H.B. 95 of the 125th | 5127 |
General Assembly | 5128 |
Section 8 of Sub. H.B. 299 of the 125th General Assembly | 5129 |
Section 3 of Am. Sub. S.B. 86 of the 125th General Assembly | 5130 |
Section 3 of Sub. H.B. 230 of the 124th General Assembly | 5131 |
Section 3 of Am. Sub. H.B. 474 of the 124th General Assembly | 5132 |
Section 4 of Am. Sub. S.B. 281 of the 124th General Assembly | 5133 |
Section 3 of Am. H.B. 416 of the 127th General Assembly, as | 5134 |
amended by Am. Sub. S.B. 110 of the 128th General Assembly | 5135 |
Section 701.20 of Am. Sub. H.B. 562 of the 127th General | 5136 |
Assembly, as subsequently amended by Sub. H.B. 393 of the 128th | 5137 |
General Assembly | 5138 |
Section 206.66.53 of Am. Sub. H.B. 66 of the 126th General | 5139 |
Assembly, as amended by S.B. 87 of the 126th General Assembly | 5140 |
Section 6 of Sub. H.B. 336 of the 126th General Assembly, as | 5141 |
amended by Am. Sub. S.B. 155 of the 127th General Assembly | 5142 |
Section 755.03 of Am. Sub. H.B. 530 of the 126th General | 5143 |
Assembly, as amended by Am. Sub. H.B. 67 of the 127th General | 5144 |
Assembly | 5145 |
Section 6 of Am. Sub. S.B. 238 of the 126th General Assembly, | 5146 |
as amended by Am. Sub. H.B. 461 of the 126th General Assembly | 5147 |
Section 152 of Am. Sub. H.B. 95 of the 125th General | 5148 |
Assembly, as amended by Am. Sub. S.B. 2 of the 125th General | 5149 |
Assembly | 5150 |
Section 59.29 of Am. Sub. H.B. 95 of the 125th General | 5151 |
Assembly, as amended by Am. Sub. S.B. 189 of the 125th General | 5152 |
Assembly | 5153 |
Section 10. It is in part the intent of the General Assembly | 5154 |
in enacting this act to implement the report of the Sunset Review | 5155 |
Committee that was created by Am. Sub. H.B. 516 of the 125th | 5156 |
General Assembly and the committee that convened under that act | 5157 |
during the 128th General Assembly. That report is implemented in | 5158 |
part as follows: | 5159 |
(A) By the abolishment in this act, through amendments to | 5160 |
relevant codified sections of law and through outright repeals of | 5161 |
codified or uncodified sections of law, of numerous agencies, as | 5162 |
defined in section 101.82 of the Revised Code, that were subject | 5163 |
to the Committee's jurisdiction; | 5164 |
(B) By the termination, through amendments to relevant | 5165 |
codified sections of law and through outright repeals of codified | 5166 |
or uncodified sections of law, of several agencies, as defined in | 5167 |
section 101.82 of the Revised Code, that were subject to the | 5168 |
Committee's jurisdiction; | 5169 |
(C) By the transfer, through the amendment of codified or | 5170 |
uncodified sections of law, of several agencies, as defined in | 5171 |
section 101.82 of the Revised Code, that were subject to the | 5172 |
Committee's jurisdiction; | 5173 |
(D) By the renewal, through the amendment or enactment of | 5174 |
codified or uncodified sections of law, of the existence of | 5175 |
numerous agencies, as defined in section 101.82 of the Revised | 5176 |
Code, that were subject to the Committee's jurisdiction. | 5177 |
Section 11. The hospital measures advisory council shall | 5178 |
supersede the group of experts in pediatric medicine and their | 5179 |
members and succeed to and have and perform all the duties, | 5180 |
powers, and obligations pertaining to the duties, powers, and | 5181 |
obligations of the group of experts in pediatric medicine and | 5182 |
their members. All rules, actions, determinations, commitments, | 5183 |
resolutions, decisions, and agreements pertaining to those duties, | 5184 |
powers, obligations, functions, and rights in force or in effect | 5185 |
on the effective date of this section shall continue in force and | 5186 |
effect subject to any further lawful action thereon by the | 5187 |
hospital measures advisory council. Wherever the group of experts | 5188 |
in pediatric medicine are referred to in any provision of law, or | 5189 |
in any agreement or document that pertains to those duties, | 5190 |
powers, obligations, functions, and rights, the reference is to | 5191 |
the hospital measures advisory council. | 5192 |
All authorized obligations and supplements thereto of the | 5193 |
group of experts in pediatric medicine and their members | 5194 |
pertaining to the duties, powers, and obligations transferred are | 5195 |
binding on the hospital measures advisory council, and nothing in | 5196 |
this act impairs the obligations or rights thereunder or under any | 5197 |
contract. The abolition of the group of experts in pediatric | 5198 |
medicine and the transfer of their duties, powers, and obligations | 5199 |
do not affect the validity of agreements or obligations made by | 5200 |
the group of experts in pediatric medicine and their members | 5201 |
pursuant to Chapters 4121., 4123., 4125., 4127., 4131., and 4167. | 5202 |
of the Revised Code or any other provisions of law. | 5203 |
In connection with the transfer of duties, powers, | 5204 |
obligations, functions, and rights and abolition of the group of | 5205 |
experts in pediatric medicine, all real property and interest | 5206 |
therein, documents, books, money, papers, records, machinery, | 5207 |
furnishings, office equipment, furniture, and all other property | 5208 |
over which the group of experts in pediatric medicine have control | 5209 |
pertaining to the duties, powers, and obligations transferred and | 5210 |
the rights of the group of experts in pediatric medicine to | 5211 |
enforce or receive any of the aforesaid is automatically | 5212 |
transferred to the hospital measures advisory council without | 5213 |
necessity for further action on the part of the hospital measures | 5214 |
advisory council. Additionally, all appropriations or | 5215 |
reappropriations made to the group of experts in pediatric | 5216 |
medicine for the purposes of the performance of their duties, | 5217 |
powers, and obligations, are transferred to the hospital measures | 5218 |
advisory council to the extent of the remaining unexpended or | 5219 |
unencumbered balance thereof, whether allocated or unallocated, | 5220 |
and whether obligated or unobligated. | 5221 |
Section 12. The commission on Hispanic-Latino affairs shall | 5222 |
supersede the interagency council on Hispanic-Latino affairs and | 5223 |
its members and succeed to and have and perform all the duties, | 5224 |
powers, and obligations pertaining to the duties, powers, and | 5225 |
obligations of the interagency council on Hispanic-Latino affairs | 5226 |
and its members. All rules, actions, determinations, commitments, | 5227 |
resolutions, decisions, and agreements pertaining to those duties, | 5228 |
powers, obligations, functions, and rights in force or in effect | 5229 |
on the effective date of this section shall continue in force and | 5230 |
effect subject to any further lawful action thereon by the | 5231 |
commission on Hispanic-Latino affairs. Wherever the interagency | 5232 |
council on Hispanic-Latino affairs is referred to in any provision | 5233 |
of law, or in any agreement or document that pertains to those | 5234 |
duties, powers, obligations, functions, and rights, the reference | 5235 |
is to the commission on Hispanic-Latino affairs. | 5236 |
All authorized obligations and supplements thereto of the | 5237 |
interagency council on Hispanic-Latino affairs and its members | 5238 |
pertaining to the duties, powers, and obligations transferred are | 5239 |
binding on the commission on Hispanic-Latino affairs, and nothing | 5240 |
in this act impairs the obligations or rights thereunder or under | 5241 |
any contract. The abolition of the interagency council on | 5242 |
Hispanic-Latino affairs and the transfer of their duties, powers, | 5243 |
and obligations do not affect the validity of agreements or | 5244 |
obligations made by the interagency council on Hispanic-Latino | 5245 |
affairs and its members pursuant to Chapters 4121., 4123., 4125., | 5246 |
4127., 4131., and 4167. of the Revised Code or any other | 5247 |
provisions of law. | 5248 |
In connection with the transfer of duties, powers, | 5249 |
obligations, functions, and rights and abolition of the | 5250 |
interagency council on Hispanic-Latino affairs, all real property | 5251 |
and interest therein, documents, books, money, papers, records, | 5252 |
machinery, furnishings, office equipment, furniture, and all other | 5253 |
property over which the interagency council on Hispanic-Latino | 5254 |
affairs has control pertaining to the duties, powers, and | 5255 |
obligations transferred and the rights of the interagency council | 5256 |
on Hispanic-Latino affairs to enforce or receive any of the | 5257 |
aforesaid is automatically transferred to the commission on | 5258 |
Hispanic-Latino affairs without necessity for further action on | 5259 |
the part of the commission on Hispanic-Latino affairs. | 5260 |
Additionally, all appropriations or reappropriations made to the | 5261 |
interagency council on Hispanic-Latino affairs for the purposes of | 5262 |
the performance of their duties, powers, and obligations, are | 5263 |
transferred to the commission on Hispanic-Latino affairs to the | 5264 |
extent of the remaining unexpended or unencumbered balance | 5265 |
thereof, whether allocated or unallocated, and whether obligated | 5266 |
or unobligated. | 5267 |
Section 13. This act is an emergency measure necessary for | 5268 |
the immediate preservation of the public peace, health, and | 5269 |
safety. The sunset review law is scheduled to operate on July 1, | 5270 |
2011, as a matter of law. And if the sunset review law operates | 5271 |
before the effective date of this act, uncertainty and confusion, | 5272 |
with respect to the authority for certain agencies to operate, | 5273 |
could result. Therefore, this act goes into immediate effect. | 5274 |