Sub. S. B. No. 171 As Reported by the Senate State and Local Government and Veterans Affairs Committee

As Reported by the Senate State and Local Government and Veterans Affairs Committee

129th General Assembly

Regular Session

2011-2012

Sub. S. B. No. 171

Senators Gillmor, Wagoner

A BILL

To amend sections 9.90, 101.532, 101.83, 101.84,

101.85, 101.86, 102.02, 109.91, 121.32, 127.14,

173.03, 173.04, 2953.08, 3302.021, 3311.71,

3312.01, 3312.09, 3313.202, 3701.025, 3701.63,

3727.312, 3737.03, 3737.21, 3737.81, 3737.86,

3737.88, 3743.54, 3746.04, 4117.03, 4121.03,

4121.12, 4121.121, 4121.125, 4121.128, 4123.341,

4123.342, 4123.35, 5111.708, 5123.032, and

5123.093; and to repeal sections 9.901, 101.37,

121.374, 122.97, 122.971, 122.98, 122.981,

125.833, 181.21, 181.22, 181.23, 181.24, 181.25,

181.26, 184.23, 184.231, 1349.71, 1349.72,

1501.25, 2151.282, 3306.29, 3306.291, 3306.292,

3306.50, 3306.51, 3306.52, 3306.53, 3306.54,

3306.55, 3306.56, 3306.57, 3306.58, 3306.59,

3311.77, 3312.11, 3312.12, 3319.70, 3319.71,

3701.92, 3727.322, 3746.03, 4121.75, 4121.76,

4121.77, 4121.78, 4121.79, 4501.025, 5111.709,

5111.7010, 5123.60, and 5902.15 of the Revised

Code; and to amend Section 5 of Sub. H.B. 125 of

the 127th General Assembly as subsequently

amended, Section 20 of Am. Sub. H.B. 554 of the

127th General Assembly, Section 3 of Sub. H.B. 187

of the 126th General Assembly, and Section 513.03

of Am. Sub. H.B. 66 of the 126th General Assembly

as subsequently amended; and to repeal Section 3

of Sub. H.B. 495 of the 128th General Assembly,

Sections 209.40, 309.40.70, and 709.10 of Am. Sub.

H.B. 1 of the 128th General Assembly, Sections

755.80 and 756.40 of Am. Sub. H.B. 2 of the 128th

General Assembly, Section 3 of Sub. H.B. 7 of the

127th General Assembly, Section 555.17 of Am. Sub.

H.B. 67 of the 127th General Assembly, Sections

263.30.30, 337.20.20, 377.20, and 737.11 of Am.

Sub. H.B. 119 of the 127th General Assembly,

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

General Assembly, Section 2 of Sub. H.B. 233 of

the 127th General Assembly, Sections 703.30 and

715.50 of Am. Sub. H.B. 562 of the 127th General

Assembly, Section 4 of Am. Sub. S.B. 77 of the

127th General Assembly, Sections 206.10.12,

206.42.12, 206.66.24, 206.66.43, 209.63.58,

503.09, and 503.12 of Am. Sub. H.B. 66 of the

126th General Assembly, Section 4 of Sub. H.B. 187

of the 126th General Assembly, Section 1 of Sub.

H.B. 371 of the 126th General Assembly, Section

235.60.70 of Am. Sub. H.B. 699 of the 126th

General Assembly, Section 3 of Am. Sub. S.B. 167

of the 126th General Assembly, Section 5 of Am.

Sub. S.B. 260 of the 126th General Assembly,

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

Assembly, Sections 12 and 25 of Am. Sub. H.B. 87

of the 125th General Assembly, Sections 41.35 and

153 of Am. Sub. H.B. 95 of the 125th General

Assembly, Section 8 of Sub. H.B. 299 of the 125th

General Assembly, Section 6 of Am. Sub. H.B. 516

of the 125th General Assembly, Section 3 of Am.

Sub. S.B. 86 of the 125th General Assembly,

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

Assembly, Section 3 of Am. Sub. H.B. 474 of the

124th General Assembly, Section 4 of Am. Sub. S.B.

281 of the 124th General Assembly, Section 3 of

Am. H.B. 416 of the 127th General Assembly as

subsequently amended, Section 701.20 of Am. Sub.

H.B. 562 of the 127th General Assembly as

subsequently amended, Section 206.66.53 of Am.

Sub. H.B. 66 of the 126th General Assembly as

subsequently amended, Section 6 of Sub. H.B. 336

of the 126th General Assembly as subsequently

amended, Section 755.03 of Am. Sub. H.B. 530 of

the 126th General Assembly as subsequently

amended, Section 6 of Am. Sub. S.B. 238 of the

126th General Assembly as subsequently amended,

Section 152 of Am. Sub. H.B. 95 of the 125th

General Assembly as subsequently amended, and

Section 59.29 of Am. Sub. H.B. 95 of the 125th

General Assembly as subsequently amended to

implement the recommendations of the Sunset Review

Committee by abolishing, terminating,

transferring, or renewing various agencies and by

reestablishing the Sunset Review Committee but

postponing its operation until the 131st General

Assembly, to terminate the operation of certain

provisions of this act on December 31, 2016, by

repealing sections 101.82, 101.83, 101.84, 101.85,

101.86, and 101.87 of the Revised Code on that

date, and to declare an emergency.

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

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~~, except in relation to the provision of health~~	152
~~care benefits to employees. All health care benefits provided to~~	153
~~persons employed by the public schools of this state shall be~~	154
~~health care plans that contain best practices established by the~~	155
~~school employees health care board pursuant to section 9.901 of~~	156
~~the Revised Code~~.	157

Sec. 101.532. The main operating appropriations bill shall	158
not contain appropriations for the industrial commission~~, the~~	159
~~workers' compensation council,~~ or the bureau of workers'	160
compensation. Appropriations for the bureau ~~and the council~~ shall	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, ~~2005~~	164
2011, shall expire on December 31, ~~2010~~2016, unless the agency is	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
~~2005~~2011, that is created on the thirty-first day of December	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, ~~2005~~2011, that is	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 ~~2009~~2015 and ~~2010~~2016. The president of the senate shall	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 ~~128th~~131st general assembly.	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 ~~2010~~2016. A vacancy on the committee shall be filled	230
in the same manner as the original appointment.	231

In the first regular session of the ~~128th~~131st general	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 ~~128th~~131st general assembly, the chairperson of	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 ~~128th~~131st	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 ~~2009~~2015, shall schedule	252
for review each agency in existence on January 1, ~~2009~~2015. The	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 ~~2009~~2015 and	260
calendar year ~~2010~~2016 to each of the agencies scheduled for	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
~~2009~~2015, to assist the committee in identifying agencies and	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, ~~2009~~2015, is	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
~~the director appointed by the workers' compensation council;~~ all	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 ~~committee~~council. The ~~committee~~council shall consist of	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 ~~committee~~council shall include the following ex officio,	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 ~~committee~~council shall serve without	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 ~~committee~~council. The	774
chairperson and members of the ~~committee~~council appointed by the	775
attorney general shall serve at the pleasure of the attorney	776
general. The attorney general shall serve on the ~~committee~~council	777
until the end of the term of office that qualified the attorney	778
general for membership on the ~~committee~~council. The member of 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 ~~committee~~council shall	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 ~~committee~~council shall be based on 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

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) ~~Create an interagency council consisting of the following~~	859
~~persons or their authorized representatives: one member of the~~	860
~~senate appointed by the president of the senate; one member of the~~	861
~~house of representatives appointed by the speaker of the house of~~	862
~~representatives; the directors of administrative services,~~	863
~~agriculture, education, development, health, highway safety, job~~	864
~~and family services, liquor control, mental health, developmental~~	865
~~disabilities, natural resources, rehabilitation and correction,~~	866
~~youth services, transportation, environmental protection, and~~	867
~~budget and management; the chairperson of the Ohio civil rights~~	868
~~commission, the administrators of the bureau of workers'~~	869
~~compensation and the rehabilitation services commission, and an~~	870
~~additional member of the governor's cabinet appointed by the~~	871
~~governor. The commission on Hispanic-Latino affairs, by rule, may~~	872
~~designate other state officers or their representatives to be~~	873
~~members of the council. The director of the commission shall be~~	874
~~the chairperson of the council.~~	875

~~The interagency council shall provide~~Provide and coordinate	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. ~~The council shall meet at the call of the~~	879
~~chairperson.~~	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, ~~workers' compensation council~~	919
~~remuneration fund,~~ or any fund not specified in this division that	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. ~~Any~~	1000
No member ~~may~~shall continue in office subsequent to the	1001
expiration date of the member's term ~~until a successor takes~~	1002
~~office and shall be compensated for the period served between the~~	1003
~~expiration of the member's term and the beginning of the~~	1004
~~successor's term~~unless reappointed under the provisions of this	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) ~~Members of the council shall be compensated at the rate~~	1022
~~of fifty dollars for each day actually employed in the discharge~~	1023
~~of official duties but not to exceed two thousand dollars per year~~	1024
~~and in addition shall be allowed actual and necessary expenses~~The	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) ~~Council members shall not be interested directly or~~	1034
~~indirectly in any contract awarded by the department of aging~~(1)	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 ~~shall~~may adopt rules in accordance with	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

~~(F) The director may create an Alzheimer's disease and~~	1083
~~related disorders task force to advise the director on the~~	1084
~~following:~~	1085

~~(1) The rights of persons with Alzheimer's disease and~~	1086
~~related disorders;~~	1087

~~(2) The development and evaluation of education and training~~	1088
~~programs, home care programs, and respite care programs that serve~~	1089
~~persons with Alzheimer's disease and related disorders;~~	1090

~~(3) How to serve persons with Alzheimer's disease and related~~	1091
~~disorders in Ohio's unified long-term care budget system.~~	1092

~~If a task force is created, the members shall include~~	1093
~~representatives of the Alzheimer's disease association and other~~	1094
~~organizations the director considers appropriate.~~	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 ~~state criminal sentencing commission periodically~~	1347
~~shall provide to the felony sentence appeal cost oversight~~	1348
~~committee all data the commission collects pursuant to division~~	1349
~~(A)(5) of section 181.25 of the Revised Code. Upon receipt of the~~	1350
~~data from the state criminal sentencing commission, the~~ felony	1351
sentence appeal cost oversight committee periodically shall ~~review~~	1352
~~the data;~~ determine whether any money has been appropriated to the	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 ~~non-profit~~nonprofit organization led by the Ohio	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 ~~non-profit~~nonprofit organization	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 ~~six times~~once	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 ~~3311.77~~3311.76 of the Revised Code:	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) ~~The state regional alliance advisory board established~~	1612
~~under section 3312.11 of the Revised Code;~~	1613

~~(2)~~ The advisory councils and subcommittees established under	1614
sections 3312.03 and 3312.05 of the Revised Code;	1615

~~(3)~~(2) A fiscal agent for each of the regions as configured	1616
under section 3312.02 of the Revised Code;	1617

~~(4)~~(3) Educational service centers, information technology	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

~~(8) A requirement that a member of the advisory council in~~	1680
~~the region be a member of the state regional alliance advisory~~	1681
~~board established under section 3312.11 of the Revised Code~~.	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 ~~containing best practices prescribed by~~	1689
~~the school employees health care board~~authorized under section	1690
~~9.901~~9.90 of the Revised Code. The member shall pay all premiums	1691
for that coverage. ~~Payments for such coverage shall be made, in~~	1692
~~advance, in a manner prescribed by the school employees health~~	1693
~~care board.~~ The member's exercise of an option to be covered under	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. ~~(A)~~ There is hereby created the medically	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

~~(B) The director of health may appoint a maternal and child~~	1719
~~health council to represent the views of service providers, other~~	1720
~~interest groups, consumers, and various geographic areas of the~~	1721
~~state. The maternal and child health council shall advise the~~	1722
~~department of health on matters pertaining to maternal and child~~	1723
~~health and, in particular, the "Maternal and Child Health Block~~	1724
~~Grant," Title V of the "Social Security Act," 95 Stat. 818, (1981)~~	1725
~~42 U.S.C.A. 701, as amended. Members of the council shall receive~~	1726
~~no compensation, but shall receive their actual and necessary~~	1727
~~travel expenses incurred in the performance of their official~~	1728
~~duties in accordance with the rules of the office of budget and~~	1729
~~management.~~	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 ~~the effective date of~~	1761
~~this section, with the advice of the work group appointed under~~	1762
~~division (D) of this section~~February 29, 2008, developing	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

~~(D) The director of health shall appoint and convene a work~~	1776
~~group to advise the director on the shaken baby syndrome~~	1777
~~educational materials the director is required to develop under~~	1778
~~division (B) of this section. The work group shall include at~~	1779
~~least one representative of each of the following:~~	1780

~~(1) Child abuse prevention advocates;~~

1781

~~(2) The staff of the "help me grow" program established~~	1782
~~pursuant to section 3701.61 of the Revised Code;~~	1783

~~(3) Experts in the field of infant care, particularly in the~~	1784
~~area of infant calming methods;~~	1785

~~(4) Maternity unit directors;~~

1786

~~(5) Parenting skills educators;~~

1787

~~(6) Child care facilities.~~

1788

~~The work group may also include, at the director's~~	1789
~~discretion, representatives of other professions whose members~~	1790
~~have practical experience regarding shaken baby syndrome and~~	1791
~~representatives of citizens' organizations whose members are~~	1792
~~knowledgeable about shaken baby syndrome.~~	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 ~~commission~~council may do all	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 ~~commission~~council shall file its	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 ~~commission~~council the fire	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 ~~commission~~council shall keep	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 ~~commission~~council may adopt criteria and	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 ~~commission~~council, a fire marshal, who shall serve at the	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 ~~commission~~council. The	1875
~~commission~~council shall communicate the fact of the vacancy by	1876
regular mail to all fire chiefs and fire protection engineers	1877
known to the ~~commission~~council, or whose identity may be	1878
ascertained by the ~~commission~~council by the exercise of due	1879
diligence. The ~~commission~~council, no earlier than thirty days	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 ~~commission~~council shall submit the names	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 ~~commission~~council to submit	1886
additional names.	1887

Sec. 3737.81. (A) There is hereby created the state fire	1888
~~commission~~council consisting of ten members to be appointed by	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 ~~commission~~council, two shall be for a	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 ~~commission~~council. Two members shall be	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 ~~commission~~council	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 ~~commission~~council.	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 ~~commission~~council, other than ex	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 ~~commission~~council shall select a chairperson and a	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 ~~commission~~council	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 ~~commission~~council	1938
with office space, meeting rooms, staff, and clerical assistance	1939
necessary for the ~~commission~~council to perform its duties. If the	1940
~~commission~~council maintains the Ohio fire service hall of fame	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 ~~commission~~council	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 ~~commission~~council maintains the Ohio fire service	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 ~~commission~~council.	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 ~~chairman~~chairperson of the state fire	1981
~~commission~~council. The fire marshal shall not adopt the proposed	1982
rule until the ~~commission~~council has filed in the office of 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 ~~chairman~~chairperson of the ~~commission~~council,	1986
whichever occurs first. The fire marshal shall consider any	1987
recommendations made by the ~~commission~~council before adopting 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 ~~commission~~council, and, within sixty days after	2023
notice is filed, the ~~commission~~council may file responses to or	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
~~commission~~council, the fire marshal may adopt the rule filed with	2028
the ~~commission~~council or any alternative or supplementary rule	2029
recommended by the ~~commission~~council.	2030

(C) The state fire ~~commission~~council may recommend courses	2031
of action to be taken by the fire marshal in carrying out the fire	2032
marshal's duties under this section. The ~~commission~~council shall	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 ~~commission~~council	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

~~Prior to the state fire marshal's adoption of the rules~~	2237
~~described in this division, the director of commerce shall appoint~~	2238
~~a committee consisting of the state fire marshal or the marshal's~~	2239
~~designee, three representatives of the fireworks industry, and~~	2240
~~three representatives of the fire service to assist the state fire~~	2241
~~marshal in adopting these rules. Unless an extension is granted by~~	2242
~~the director of commerce, the state fire marshal shall adopt~~	2243
~~initial rules under this section not later than July 1, 2010.~~	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 ~~and with the advice of the~~	2247
~~multidisciplinary council appointed under section 3746.03 of the~~	2248
~~Revised Code~~, shall adopt, and subsequently may amend, suspend, or	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

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~~; however, all health care benefits shall~~	2757
~~include best practices prescribed by the school employees health~~	2758
~~care board, in accordance with section 9.901 of the Revised Code~~.	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

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 ~~and the~~	2831
~~budget prepared by the director of the workers' compensation~~	2832
~~council~~, shall prepare and submit to the office of budget and	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~~, and~~	3004
~~the workers' compensation council~~ and include all of the following	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~~, and the workers' compensation council~~.	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) ~~Submit the program developed pursuant to division~~	3109
~~(F)(16) of this section to the workers' compensation council for~~	3110
~~approval;~~	3111

~~(18)~~ Hold all sessions, classes, and other events for the	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 ~~and from the budget the director of~~	3319
~~the workers' compensation council submits~~, prepare and submit to	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

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

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 ~~the workers' compensation council and~~ the standing	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 ~~the council and~~ the standing committees of the house of	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,and the standing	3485
committees of the house of representatives and the senate with	3486
primary responsibility for workers' compensation legislation~~, and~~	3487
~~the council~~ not later than sixty days after the date of	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
~~and the workers' compensation council~~.	3584

Sec. 4123.341. The administrative costs of the industrial	3585
commission, ~~the workers' compensation council,~~ the bureau of	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, ~~the council,~~ the board,	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~~, those~~	3615
~~costs solely attributable to the activities of the workers'~~	3616
~~compensation council,~~ and those costs solely attributable to the	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
~~council,~~ board, or bureau in respect of the classes, and	3622
allocating to all four classes those costs attributable to the	3623
activities of the industrial commission, ~~council,~~ board, and	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. ~~The administrator shall~~	3635
~~separately calculate each employer's assessment in the class,~~	3636
~~except self-insuring employers, on the basis of the following~~	3637
~~three factors: payroll, paid compensation, and paid medical costs~~	3638
~~of the employer for those costs solely attributable to the~~	3639
~~activities of the council.~~ The administrator shall separately	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. ~~The administrator shall separately~~	3647
~~calculate each self-insuring employer's assessment in accordance~~	3648
~~with section 4123.35 of the Revised Code for those costs solely~~	3649
~~attributable to the activities of the council.~~ In a timely manner,	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. ~~In a timely manner, the director of the~~	3656
~~workers' compensation council shall submit to the administrator~~	3657
~~the information necessary for the administrator to allocate and~~	3658
~~calculate, with the approval of the director, for each class of~~	3659
~~employer as described in this division, the costs solely~~	3660
~~attributable to the activities of the council.~~	3661

(B) The administrator shall divide the administrative cost	3662
assessments collected by the administrator into ~~three~~two	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. ~~One of the~~	3667
~~administrative assessment accounts shall consist of the~~	3668
~~administrative cost assessment collected by the administrator for~~	3669
~~the council.~~ One of the administrative assessment accounts shall	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~~, the council,~~ and the industrial commission	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 ~~and the council~~ the information and reports the	3677
commission ~~or council, as applicable,~~ deems necessary for the	3678
commission ~~or the council, as applicable,~~ to monitor the receipts	3679
and the disbursements from the administrative assessment account	3680
for the industrial commission ~~or the administrative assessment~~	3681
~~account for the council, as applicable~~.	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 ~~and the~~	3695
~~administrative costs approved by the workers' compensation~~	3696
~~council~~, the moneys shall be paid into the workers' compensation	3697
fund,or the industrial commission operating fund of the state,	3698
~~the workers' compensation council fund, and the workers'~~	3699
~~compensation council remuneration fund,~~ as appropriate, and any	3700
remainder shall be retained in those funds and applied to reduce	3701
the amount collected during the next biennium.	3702

~~(D) As necessary and upon authorization of the director of~~	3703
~~the council, the administrator or the administrator's designee~~	3704
~~shall transfer moneys from the administrative assessment account~~	3705
~~identified for the council to the workers' compensation council~~	3706
~~fund created in division (C) of section 4121.79 of the Revised~~	3707
~~Code.~~	3708

~~(E)~~ Sections 4123.41, 4123.35, and 4123.37 of the Revised	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) ~~The administrator shall deposit any moneys received from~~	4142
~~a self-insuring employer for the self-insuring employer's~~	4143
~~assessment to pay the costs solely attributable to the workers'~~	4144
~~compensation council into the administrative assessment account~~	4145
~~described in division (B) of section 4123.342 of the Revised Code~~	4146
~~for the administrative cost assessment collected by the~~	4147
~~administrator for the council.~~ There is hereby created in the	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
~~after consulting with the medicaid buy-in advisory council,~~ shall	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~~, after consulting with the medicaid buy-in~~	4439
~~advisory council,~~ may adopt rules in accordance with Chapter 119.	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, ~~on and after~~	4451
~~January 30, 2004,~~ any closure of a developmental center shall be	4452
subject to, and in accordance with, this section. ~~Notwithstanding~~	4453
~~any other provision of law, if the governor announced on or after~~	4454
~~January 1, 2003, and prior to January 30, 2004, the intended~~	4455
~~closure of a developmental center and if the closure identified in~~	4456
~~the announcement has not occurred prior to January 30, 2004, the~~	4457
~~closure identified in the announcement shall be subject to the~~	4458
~~criteria set forth in this section as if the announcement had been~~	4459
~~made on or after January 30, 2004, except for the time at which~~	4460
~~the notice to the general assembly must be provided as identified~~	4461
~~in division (C) of this section.~~	4462

(C) Notwithstanding any other provision of law, ~~on and after~~	4463
~~January 30, 2004,~~ at least ten days prior to making any official,	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. ~~Notwithstanding any other provision of law,~~	4468
~~if the governor announced on or after January 1, 2003, and prior~~	4469
~~to January 30, 2004, the intended closure of a developmental~~	4470
~~center and if the closure identified in the announcement has not~~	4471
~~occurred prior to January 30, 2004, not later than ten days after~~	4472
~~January 30, 2004, the~~The governor shall notify the general	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

~~Not later than the date on which the legislative service~~	4533
~~commission is required to complete the report under this division,~~	4534
~~the developmental disabilities developmental center closure~~	4535
~~commission is hereby created as described in division (E) of this~~	4536
~~section. The officials with the duties to appoint members of the~~	4537
~~closure commission, as described in division (E) of this section,~~	4538
~~shall appoint the specified members of the closure commission,~~	4539
~~and, as soon as possible after the appointments, the closure~~	4540
~~commission shall meet for the purposes described in that division.~~	4541
~~Upon completion of the report and the creation of the closure~~	4542
~~commission under this division, the legislative service commission~~	4543
~~promptly shall provide a copy of the report to the closure~~	4544
~~commission and shall present the report as described in division~~	4545
~~(E) of this section.~~	4546

~~(E)(1) A developmental disabilities developmental center~~	4547
~~closure commission shall be created at the time and in the manner~~	4548
~~specified in division (D) of this section. The closure commission~~	4549
~~consists of six members. One member shall be the director of~~	4550
~~developmental disabilities. One member shall be the director of~~	4551
~~health. One member shall be a private executive with expertise in~~	4552
~~facility utilization, in economics, or in both facility~~	4553
~~utilization and economics, jointly appointed by the speaker of the~~	4554
~~house of representatives and the president of the senate. The~~	4555
~~member appointed for expertise in facility utilization, economics,~~	4556
~~or both may not be a member of the general assembly and may not~~	4557
~~have a developmental center identified for closure by the governor~~	4558
~~in the county in which the member resides. One member shall be a~~	4559
~~member of the board of the Ohio civil service employees'~~	4560
~~association, jointly appointed by the speaker of the house of~~	4561
~~representatives and the president of the senate. One member shall~~	4562
~~be either a family member of a resident of a developmental center~~	4563
~~or a representative of a mental retardation and developmental~~	4564
~~disabilities advocacy group, jointly appointed by the speaker of~~	4565
~~the house of representatives and the president of the senate. The~~	4566
~~member appointed who is a family member of a developmental center~~	4567
~~resident or a representative of an advocacy group may not be a~~	4568
~~member of the general assembly. One member shall be a member of~~	4569
~~the law enforcement community, appointed by the governor. The~~	4570
~~officials with the duties to appoint members of the closure~~	4571
~~commission shall make the appointments, and the closure commission~~	4572
~~shall meet, within the time periods specified in division (D) of~~	4573
~~this section. The members of the closure commission shall serve~~	4574
~~without compensation. At the closure commission's first meeting,~~	4575
~~the members shall organize and appoint a chairperson and~~	4576
~~vice-chairperson.~~	4577

~~The closure commission shall meet as often as is necessary~~	4578
~~for the purpose of making the recommendations to the governor that~~	4579
~~are described in this division. The closure commission's meetings~~	4580
~~shall be open to the public, and the closure commission shall~~	4581
~~accept public testimony. The legislative service commission shall~~	4582
~~appear before the closure commission and present the report the~~	4583
~~legislative service commission prepared under division (D) of this~~	4584
~~section. The closure commission shall meet for the purpose of~~	4585
~~making recommendations to the governor, which recommendations may~~	4586
~~include all of the following:~~	4587

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

4588

~~(b) If the recommendation described in division (E)(1)(a) of~~	4589
~~this section is that one or more developmental centers should be~~	4590
~~closed, which center or centers should be closed;~~	4591

~~(c) If the governor's notice described in division (C) of~~	4592
~~this section identifies by name one or more developmental centers~~	4593
~~that the governor intends to close, whether the center or centers~~	4594
~~so identified should be closed.~~	4595

~~(2) The developmental disabilities developmental center~~	4596
~~closure commission, not later than sixty days after it receives~~	4597
~~the report of the legislative service commission under division~~	4598
~~(D) of this section, shall prepare a report containing its~~	4599
~~recommendations to the governor. The closure commission shall send~~	4600
~~a copy of the report to the governor and to each member of the~~	4601
~~general assembly who requests a copy of the report. Upon receipt~~	4602
~~of the closure commission's report, the governor shall review and~~	4603
~~consider the commission's recommendation. The governor shall do~~	4604
~~one of the following:~~	4605

~~(a) Follow the recommendation of the commission;~~

4606

~~(b) Close no developmental center;~~

4607

~~(c) Take other action that the governor determines is~~	4608
~~necessary for the purpose of expenditure reductions or budget cuts~~	4609
~~and state the reasons for the action.~~	4610

~~The governor's decision is final. Upon the governor's making~~	4611
~~of the decision, the closure commission shall cease to exist.~~	4612
~~Another closure commission shall be created under this section~~	4613
~~each time the governor subsequently makes an official, public~~	4614
~~announcement that the governor intends to close one or more~~	4615
~~developmental centers.~~	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 ~~the~~	4621
~~joint council on developmental disabilities created by section~~	4622
~~101.37 of the Revised Code and~~ the director of developmental	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 ~~joint council on~~	4631
~~developmental disabilities and the~~ director of developmental	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 ~~184.23, 184.231,~~ 184.24, 184.25, and 184.26 of the	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

~~(C)(1) There is hereby created the Construction and~~	4946
~~Demolition Debris Facility Study Committee composed of the~~	4947
~~following thirteen members:~~	4948

~~(a) Three members of the House of Representatives appointed~~	4949
~~by the Speaker of the House of Representatives;~~	4950

~~(b) Three members of the Senate appointed by the President of~~	4951
~~the Senate;~~	4952

~~(c) The Director of Environmental Protection or the~~	4953
~~Director's designee;~~	4954

~~(d) One member representing health districts in the state~~	4955
~~appointed by the Governor;~~	4956

~~(e) Three members representing the construction and~~	4957
~~demolition debris industry in the state appointed by the Governor,~~	4958
~~one of whom shall be the owner of both a construction and~~	4959
~~demolition debris facility and a solid waste disposal facility;~~	4960

~~(f) Two members representing environmental consulting~~	4961
~~organizations or firms in the state appointed by the Governor.~~	4962

~~Appointments shall be made to the Committee not later than~~	4963
~~fifteen days after the effective date of this section. Members of~~	4964
~~the Committee shall not receive compensation for their service on~~	4965
~~the Committee and shall not receive reimbursement for expenses~~	4966
~~incurred related to that service.~~	4967

~~(2) The Committee shall study the laws of this state~~	4968
~~governing construction and demolition debris facilities and the~~	4969
~~rules adopted under those laws and shall make recommendations to~~	4970
~~the General Assembly regarding changes to those laws including,~~	4971
~~but not limited to, recommendations concerning the following~~	4972
~~topics:~~	4973

~~(a) The establishment of a code of ethics for owners and~~	4974
~~operators of construction and demolition debris facilities;~~	4975

~~(b) The establishment of best management practices;~~

4976

~~(c) Licensing requirements;~~

4977

~~(d) Testing and monitoring requirements and protocols;~~

4978

~~(e) Siting and setback criteria for construction and~~	4979
~~demolition debris facilities;~~	4980

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

4981

~~(g) Fees;~~

4982

~~(h) The regulation of construction and demolition debris from~~	4983
~~sources inside and outside the state;~~	4984

~~(i) The closure process for construction and demolition~~	4985
~~debris facilities.~~	4986

~~(3) The Committee shall submit a report of its study and any~~	4987
~~recommendations that it has developed to the General Assembly not~~	4988
~~later than September 30, 2005. The Committee shall cease to exist~~	4989
~~on the date on which it submits its report.~~	4990

~~The General Assembly shall enact legislation based on the~~	4991
~~recommendations of the Committee as soon as is practicable.~~	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 ~~and Section 6 of Sub.~~	4999
~~H.B. 125 of the 127th General Assembly~~:	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
~~subject to extension as provided in Section 6 of Sub. H.B. 125 of~~	5036
~~the 127th General Assembly~~.	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 ~~this act~~Sub. H.B. 187 of the 126th General Assembly, the Civil	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, ~~all of the following:~~	5058

~~(A) The~~that the Department of Administrative Services, in	5059
conjunction with all appropriate stakeholder groups, ~~shall~~ study	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

~~(B) An ad hoc committee shall be formed to review, study, and~~	5068
~~encourage greater awareness of the use of alternate dispute~~	5069
~~resolution procedures, such as mediation, in appeals to the State~~	5070
~~Personnel Board of Review and to municipal and civil service~~	5071
~~township civil service commissions. The committee shall consist of~~	5072
~~representatives of labor organizations, counties, cities, the~~	5073
~~State Personnel Board of Review, the State Employment Relations~~	5074
~~Board, the Office of Collective Bargaining of the Department of~~	5075
~~Administrative Services, the Ohio Commission on Dispute Resolution~~	5076
~~and Conflict Management, the American Arbitration Association, and~~	5077
~~the Federal Mediation and Conciliation Service. Professors on the~~	5078
~~faculty of Ohio law schools, a professional arbitrator with~~	5079
~~experience in public sector disputes, and a plaintiff's lawyer~~	5080
~~with experience in civil service disputes also should be members~~	5081
~~of the committee. The committee shall report its findings and~~	5082
~~recommendations to the General Assembly within six months after~~	5083
~~the effective date of this act.~~	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