As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 654


Representatives Schuring, Slesnick 

Cosponsors: Representatives Becker, Brenner, Driehaus, Fedor, Hood, Hagan, R., Mallory, Reece, Ruhl, Sykes 

A BILL
To amend sections 124.11, 124.25, 124.26, 124.34, 1
329.021, 4121.121, 5123.08, and 5139.02, and to 2
enact section 9.73 of the Revised Code to limit 3
the use of criminal records in the hiring and 4
employment practices of public employers.5


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

       Section 1. That sections 124.11, 124.25, 124.26, 124.34, 6
329.021, 4121.121, 5123.08, and 5139.02 be amended and section 7
9.73 of the Revised Code be enacted to read as follows:8

       Sec. 9.73.  (A) As used in this section:9

       (1) "Public employer" means a state agency or a political 10
subdivision of the state.11

       (2) "State agency" means any organized body, office, agency, 12
institution, or other entity established by the laws of the state 13
for the exercise of any function of government.14

       (3) "Political subdivision" means a county, township, 15
municipal corporation, or any other body corporate and politic 16
that is responsible for government activities in a geographic area 17
smaller than that of the state.18

       (4) "Appointing authority" means the officer, commission, 19
board, or body having the power of appointment to, or removal 20
from, positions in any office, department, commission, board, or 21
institution.22

       (B) Notwithstanding any provision of the Revised Code to the 23
contrary, no appointing authority shall inquire into or consider 24
the criminal background of an applicant to a position in the 25
service of a public employer until the applicant has been selected 26
for appointment and the appointing authority is prepared to make 27
an offer of employment. 28

       (C) An appointing authority may notify an applicant of any 29
provision of the Revised Code or federal law that disqualifies an 30
individual with a particular criminal history from employment in a 31
particular position.32

       (D) Except if an applicant is specifically disqualified from 33
employment by any provision of the Revised Code or under federal 34
law because of the prior conviction of or plea of guilty to a 35
particular offense, an applicant shall not be disqualified from 36
employment in the service of a governmental entity based solely 37
upon the prior conviction of or plea of guilty to an offense. An 38
appointing authority may deny an applicant employment in the 39
service of a public employer by reason of the prior conviction of 40
or plea of guilty to an offense only after the appointing 41
authority has considered all of the following factors:42

       (1) Whether the offense directly relates to the 43
responsibilities of the position for which the applicant applied;44

       (2) The nature and severity of the offense;45

       (3) The age of the applicant at the time the applicant 46
committed the offense;47

       (4) The date the offense was committed;48

       (5) How long the person has lived while not incarcerated or 49
under correctional supervision without having any additional, 50
subsequent convictions;51

       (6) Any documentation or testimony demonstrating the 52
applicant's rehabilitation.53

       (E) If a conviction of or plea of guilty to an offense is 54
used as a basis for the rejection of an applicant, the appointing 55
authority shall state that rejection in writing and specifically 56
state the evidence presented and reasons for rejection. The 57
appointing authority shall send a copy of the rejection by 58
registered mail to the applicant.59

       (F) No appointing authority shall use the record of an arrest 60
of an applicant that is not followed by a conviction or plea of 61
guilty in connection with an application for employment.62

       Sec. 124.11.  The civil service of the state and the several 63
counties, cities, civil service townships, city health districts, 64
general health districts, and city school districts of the state 65
shall be divided into the unclassified service and the classified 66
service.67

       (A) The unclassified service shall comprise the following 68
positions, which shall not be included in the classified service, 69
and which shall be exempt from all examinations required by this 70
chapter:71

       (1) All officers elected by popular vote or persons appointed 72
to fill vacancies in those offices;73

       (2) All election officers as defined in section 3501.01 of 74
the Revised Code;75

       (3)(a) The members of all boards and commissions, and heads 76
of principal departments, boards, and commissions appointed by the 77
governor or by and with the governor's consent; 78

       (b) The heads of all departments appointed by a board of 79
county commissioners;80

       (c) The members of all boards and commissions and all heads 81
of departments appointed by the mayor, or, if there is no mayor, 82
such other similar chief appointing authority of any city or city 83
school district;84

       Except as otherwise provided in division (A)(17) or (C) of 85
this section, this chapter does not exempt the chiefs of police 86
departments and chiefs of fire departments of cities or civil 87
service townships from the competitive classified service.88

       (4) The members of county or district licensing boards or 89
commissions and boards of revision, and not more than five deputy 90
county auditors;91

       (5) All officers and employees elected or appointed by either 92
or both branches of the general assembly, and employees of the 93
city legislative authority engaged in legislative duties;94

       (6) All commissioned, warrant, and noncommissioned officers 95
and enlisted persons in the Ohio organized militia, including 96
military appointees in the adjutant general's department;97

       (7)(a) All presidents, business managers, administrative 98
officers, superintendents, assistant superintendents, principals, 99
deans, assistant deans, instructors, teachers, and such employees 100
as are engaged in educational or research duties connected with 101
the public school system, colleges, and universities, as 102
determined by the governing body of the public school system, 103
colleges, and universities;104

       (b) The library staff of any library in the state supported 105
wholly or in part at public expense.106

       (8) Four clerical and administrative support employees for 107
each of the elective state officers, four clerical and 108
administrative support employees for each board of county 109
commissioners and one such employee for each county commissioner, 110
and four clerical and administrative support employees for other 111
elective officers and each of the principal appointive executive 112
officers, boards, or commissions, except for civil service 113
commissions, that are authorized to appoint such clerical and 114
administrative support employees;115

       (9) The deputies and assistants of state agencies authorized 116
to act for and on behalf of the agency, or holding a fiduciary or 117
administrative relation to that agency and those persons employed 118
by and directly responsible to elected county officials or a 119
county administrator and holding a fiduciary or administrative 120
relationship to such elected county officials or county 121
administrator, and the employees of such county officials whose 122
fitness would be impracticable to determine by competitive 123
examination, provided that division (A)(9) of this section shall 124
not affect those persons in county employment in the classified 125
service as of September 19, 1961. Nothing in division (A)(9) of 126
this section applies to any position in a county department of job 127
and family services created pursuant to Chapter 329. of the 128
Revised Code.129

       (10) Bailiffs, constables, official stenographers, and 130
commissioners of courts of record, deputies of clerks of the 131
courts of common pleas who supervise or who handle public moneys 132
or secured documents, and such officers and employees of courts of 133
record and such deputies of clerks of the courts of common pleas 134
as the appointing authority finds it impracticable to determine 135
their fitness by competitive examination;136

       (11) Assistants to the attorney general, special counsel 137
appointed or employed by the attorney general, assistants to 138
county prosecuting attorneys, and assistants to city directors of 139
law;140

       (12) Such teachers and employees in the agricultural 141
experiment stations; such students in normal schools, colleges, 142
and universities of the state who are employed by the state or a 143
political subdivision of the state in student or intern 144
classifications; and such unskilled labor positions as the 145
director of administrative services, with respect to positions in 146
the service of the state, or any municipal civil service 147
commission may find it impracticable to include in the competitive 148
classified service; provided such exemptions shall be by order of 149
the commission or the director, duly entered on the record of the 150
commission or the director with the reasons for each such 151
exemption;152

       (13) Any physician or dentist who is a full-time employee of 153
the department of mental health and addiction services, the 154
department of developmental disabilities, or an institution under 155
the jurisdiction of either department; and physicians who are in 156
residency programs at the institutions;157

       (14) Up to twenty positions at each institution under the 158
jurisdiction of the department of mental health and addiction 159
services or the department of developmental disabilities that the 160
department director determines to be primarily administrative or 161
managerial; and up to fifteen positions in any division of either 162
department, excluding administrative assistants to the director 163
and division chiefs, which are within the immediate staff of a 164
division chief and which the director determines to be primarily 165
and distinctively administrative and managerial;166

       (15) Noncitizens of the United States employed by the state, 167
or its counties or cities, as physicians or nurses who are duly 168
licensed to practice their respective professions under the laws 169
of this state, or medical assistants, in mental or chronic disease 170
hospitals, or institutions;171

       (16) Employees of the governor's office;172

       (17) Fire chiefs and chiefs of police in civil service 173
townships appointed by boards of township trustees under section 174
505.38 or 505.49 of the Revised Code;175

       (18) Executive directors, deputy directors, and program 176
directors employed by boards of alcohol, drug addiction, and 177
mental health services under Chapter 340. of the Revised Code, and 178
secretaries of the executive directors, deputy directors, and 179
program directors;180

       (19) Superintendents, and management employees as defined in 181
section 5126.20 of the Revised Code, of county boards of 182
developmental disabilities;183

       (20) Physicians, nurses, and other employees of a county 184
hospital who are appointed pursuant to sections 339.03 and 339.06 185
of the Revised Code;186

       (21) The executive director of the state medical board, who 187
is appointed pursuant to division (B) of section 4731.05 of the 188
Revised Code;189

       (22) County directors of job and family services as provided 190
in section 329.02 of the Revised Code and administrators appointed 191
under section 329.021 of the Revised Code;192

       (23) A director of economic development who is hired pursuant 193
to division (A) of section 307.07 of the Revised Code;194

       (24) Chiefs of construction and compliance, of operations and 195
maintenance, of worker protection, and of licensing and 196
certification in the division of industrial compliance in the 197
department of commerce;198

       (25) The executive director of a county transit system 199
appointed under division (A) of section 306.04 of the Revised 200
Code;201

       (26) Up to five positions at each of the administrative 202
departments listed in section 121.02 of the Revised Code and at 203
the department of taxation, department of the adjutant general, 204
department of education, Ohio board of regents, bureau of workers' 205
compensation, industrial commission, state lottery commission, 206
opportunities for Ohioans with disabilities agency, and public 207
utilities commission of Ohio that the head of that administrative 208
department or of that other state agency determines to be involved 209
in policy development and implementation. The head of the 210
administrative department or other state agency shall set the 211
compensation for employees in these positions at a rate that is 212
not less than the minimum compensation specified in pay range 41 213
but not more than the maximum compensation specified in pay range 214
47 of salary schedule E-2 in section 124.152 of the Revised Code. 215
The authority to establish positions in the unclassified service 216
under division (A)(26) of this section is in addition to and does 217
not limit any other authority that an administrative department or 218
state agency has under the Revised Code to establish positions, 219
appoint employees, or set compensation.220

       (27) Employees of the department of agriculture employed 221
under section 901.09 of the Revised Code;222

       (28) For cities, counties, civil service townships, city 223
health districts, general health districts, and city school 224
districts, the deputies and assistants of elective or principal 225
executive officers authorized to act for and in the place of their 226
principals or holding a fiduciary relation to their principals;227

       (29) Employees who receive intermittent or temporary 228
appointments under division (B) of section 124.30 of the Revised 229
Code;230

       (30) Employees appointed to administrative staff positions 231
for which an appointing authority is given specific statutory 232
authority to set compensation;233

       (31) Employees appointed to highway patrol cadet or highway 234
patrol cadet candidate classifications;235

       (32) Employees placed in the unclassified service by another 236
section of the Revised Code.237

       (B) The classified service shall comprise all persons in the 238
employ of the state and the several counties, cities, city health 239
districts, general health districts, and city school districts of 240
the state, not specifically included in the unclassified service. 241
Upon the creation by the board of trustees of a civil service 242
township civil service commission, the classified service shall 243
also comprise, except as otherwise provided in division (A)(17) or 244
(C) of this section, all persons in the employ of a civil service 245
township police or fire department having ten or more full-time 246
paid employees. The classified service consists of two classes, 247
which shall be designated as the competitive class and the 248
unskilled labor class.249

       (1) The competitive class shall include all positions and 250
employments in the state and the counties, cities, city health 251
districts, general health districts, and city school districts of 252
the state, and, upon the creation by the board of trustees of a 253
civil service township of a township civil service commission, all 254
positions in a civil service township police or fire department 255
having ten or more full-time paid employees, for which it is 256
practicable to determine the merit and fitness of applicants by 257
competitive examinations. Appointments shall be made to, or 258
employment shall be given in, all positions in the competitive 259
class that are not filled by promotion, reinstatement, transfer, 260
or reduction, as provided in this chapter, and the rules of the 261
director of administrative services, by appointment from those 262
certified to the appointing officer in accordance with this 263
chapter.264

       (2) The unskilled labor class shall include ordinary 265
unskilled laborers. Vacancies in the labor class for positions in 266
service of the state shall be filled by appointment from lists of 267
applicants registered by the director or the director's designee. 268
Vacancies in the labor class for all other positions shall be 269
filled by appointment from lists of applicants registered by a 270
commission. The director or the commission, as applicable, by 271
rule, shall require an applicant for registration in the labor 272
class to furnish evidence or take tests as the director or 273
commission considers proper with respect to age, residence, 274
physical condition, ability to labor, honesty, sobriety, industry, 275
capacity, and experience in the work or employment for which 276
application is made. Laborers who fulfill the requirements shall 277
be placed on the eligible list for the kind of labor or employment 278
sought, and preference shall be given in employment in accordance 279
with the rating received from that evidence or in those tests. 280
Upon the request of an appointing officer, stating the kind of 281
labor needed, the pay and probable length of employment, and the 282
number to be employed, the director or commission, as applicable, 283
shall certify from the highest on the list double the number to be 284
employed; from this number, the appointing officer shall appoint 285
the number actually needed for the particular work. If more than 286
one applicant receives the same rating, priority in time of 287
application shall determine the order in which their names shall 288
be certified for appointment.289

       (C) A municipal or civil service township civil service 290
commission may place volunteer firefighters who are paid on a 291
fee-for-service basis in either the classified or the unclassified 292
civil service.293

       (D)(1) This division does not apply to persons in the 294
unclassified service who have the right to resume positions in the 295
classified service under sections 4121.121, 5119.18, 5120.38, 296
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised 297
Code or to cities, counties, or political subdivisions of the 298
state.299

        (2) A person who holds a position in the classified service 300
of the state and who is appointed to a position in the 301
unclassified service shall retain the right to resume the position 302
and status held by the person in the classified service 303
immediately prior to the person's appointment to the position in 304
the unclassified service, regardless of the number of positions 305
the person held in the unclassified service. An employee's right 306
to resume a position in the classified service may only be 307
exercised when an appointing authority demotes the employee to a 308
pay range lower than the employee's current pay range or revokes 309
the employee's appointment to the unclassified service and:310

        (a) That person held a certified position prior to July 1, 311
2007, in the classified service within the appointing authority's 312
agency; or313

        (b) That person held a permanent position on or after July 1, 314
2007, in the classified service within the appointing authority's 315
agency.316

        (3) An employee forfeits the right to resume a position in 317
the classified service when:318

       (a) The employee is removed from the position in the 319
unclassified service due to incompetence, inefficiency, 320
dishonesty, drunkenness, immoral conduct, insubordination, 321
discourteous treatment of the public, neglect of duty, violation 322
of this chapter or the rules of the director of administrative 323
services, any other failure of good behavior, any other acts of 324
misfeasance, malfeasance, or nonfeasance in office, or conviction 325
of a felony while employed in the civil service; or326

       (b) Upon transfer to a different agency.327

       (4) Reinstatement to a position in the classified service 328
shall be to a position substantially equal to that position in the 329
classified service held previously, as certified by the director 330
of administrative services. If the position the person previously 331
held in the classified service has been placed in the unclassified 332
service or is otherwise unavailable, the person shall be appointed 333
to a position in the classified service within the appointing 334
authority's agency that the director of administrative services 335
certifies is comparable in compensation to the position the person 336
previously held in the classified service. Service in the position 337
in the unclassified service shall be counted as service in the 338
position in the classified service held by the person immediately 339
prior to the person's appointment to the position in the 340
unclassified service. When a person is reinstated to a position in 341
the classified service as provided in this division, the person is 342
entitled to all rights, status, and benefits accruing to the 343
position in the classified service during the person's time of 344
service in the position in the unclassified service.345

       Sec. 124.25.  The director of administrative services shall 346
require persons applying for an examination for original 347
appointment in the service of the state to file with the director 348
or the director's designee, within reasonable time prior to the 349
examination, a formal application, in which the applicant shall 350
state the applicant's name, address, and such other information as 351
may reasonably be required concerning the applicant's education 352
and experience. No inquiry shall be made as to religious or 353
political affiliations or as to racial or ethnic origin of the 354
applicant, except as necessary to gather equal employment 355
opportunity or other statistics that, when compiled, will not 356
identify any specific individual. No inquiry shall be made as to 357
the criminal background of the applicant. The director or the 358
director's designee may notify an applicant of any provision of 359
the Revised Code or federal law that disqualifies an individual 360
with a particular criminal history from employment in a particular 361
position.362

       Blank forms for applications shall be furnished by the 363
director or the director's designee without charge to any person 364
requesting the same. The director or the director's designee may 365
require in connection with such application such certificate of 366
persons having knowledge of the applicant as the good of the 367
service demands. The director or the director's designee may 368
refuse to appoint or examine an applicant, or, after an 369
examination, refuse to certify the applicant as eligible, who is 370
found to lack any of the established preliminary requirements for 371
the examination, who is addicted to the habitual use of 372
intoxicating liquors or drugs to excess, who has a pattern of poor 373
work habits and performance with previous employers, who has been 374
convicted of a felony, who has been guilty of infamous or 375
notoriously disgraceful conduct, who has been dismissed from 376
either branch of the civil service for delinquency or misconduct, 377
or who has made false statements of any material fact, or 378
practiced, or attempted to practice, any deception or fraud in the 379
application or examination, in establishing eligibility, or 380
securing an appointment.381

       Sec. 124.26.  From the returns of examinations for positions 382
in the service of the state, the director of administrative 383
services or the director's designee shall prepare an eligible list 384
of the persons whose general average standing upon examinations 385
for the class or position is not less than the minimum fixed by 386
the rules of the director, and who are otherwise eligible. Those 387
persons shall take rank upon the eligible list as candidates in 388
the order of their relative excellence as determined by the 389
examination without reference to priority of the time of 390
examination. If two or more applicants receive the same mark in an 391
open competitive examination, priority in the time of filing the 392
application with the director or the director's designee shall 393
determine the order in which their names shall be placed on the 394
eligible list, except that applicants eligible for the veteran's 395
or the reserve component member's preference under section 124.23 396
of the Revised Code shall receive priority in rank on the eligible 397
list over nonveterans and nonmembers of the reserve component on 398
the list with a rating equal to that of the veteran or reserve 399
component member. Ties among veterans or among reserve component 400
members shall be decided by priority of filing the application. A 401
tie between a veteran and a reserve component member shall be 402
decided in favor of the veteran.403

       The director or the director's designee shall not inquire 404
into or consider the criminal history of an applicant when 405
preparing an eligible list.406

        An eligible list expires upon the filling or closing of the 407
position. An expired eligible list may be used to fill a position 408
of the same classification within the same appointing authority 409
for which the list was created. But, in no event shall an expired 410
list be used more than one year past its expiration date.411

       Sec. 124.34.  (A) The tenure of every officer or employee in 412
the classified service of the state and the counties, civil 413
service townships, cities, city health districts, general health 414
districts, and city school districts of the state, holding a 415
position under this chapter, shall be during good behavior and 416
efficient service. No officer or employee shall be reduced in pay 417
or position, fined, suspended, or removed, or have the officer's 418
or employee's longevity reduced or eliminated, except as provided 419
in section 124.32 of the Revised Code, and for incompetency, 420
inefficiency, dishonesty, drunkenness, immoral conduct, 421
insubordination, discourteous treatment of the public, neglect of 422
duty, violation of any policy or work rule of the officer's or 423
employee's appointing authority, violation of this chapter or the 424
rules of the director of administrative services or the 425
commission, any other failure of good behavior, any other acts of 426
misfeasance, malfeasance, or nonfeasance in office, or conviction 427
of a felony while employed in the civil service. The denial of a 428
one-time pay supplement or a bonus to an officer or employee is 429
not a reduction in pay for purposes of this section.430

       This section does not apply to any modifications or 431
reductions in pay or work week authorized by division (Q) of 432
section 124.181 or section 124.392, 124.393, or 124.394 of the 433
Revised Code.434

       An appointing authority may require an employee who is 435
suspended to report to work to serve the suspension. An employee 436
serving a suspension in this manner shall continue to be 437
compensated at the employee's regular rate of pay for hours 438
worked. The disciplinary action shall be recorded in the 439
employee's personnel file in the same manner as other disciplinary 440
actions and has the same effect as a suspension without pay for 441
the purpose of recording disciplinary actions.442

       A finding by the appropriate ethics commission, based upon a 443
preponderance of the evidence, that the facts alleged in a 444
complaint under section 102.06 of the Revised Code constitute a 445
violation of Chapter 102., section 2921.42, or section 2921.43 of 446
the Revised Code may constitute grounds for dismissal. Failure to 447
file a statement or falsely filing a statement required by section 448
102.02 of the Revised Code may also constitute grounds for 449
dismissal. The tenure of an employee in the career professional 450
service of the department of transportation is subject to section 451
5501.20 of the Revised Code.452

       Conviction of a felony while employed in the civil service is 453
a separate basis for reducing in pay or position, suspending, or 454
removing an officer or employee, even if the officer or employee 455
has already been reduced in pay or position, suspended, or removed 456
for the same conduct that is the basis of the felony. An officer 457
or employee may not appeal to the state personnel board of review 458
or the commission any disciplinary action taken by an appointing 459
authority as a result of the officer's or employee's conviction of 460
a felony. If an officer or employee removed under this section is 461
reinstated as a result of an appeal of the removal, any conviction 462
of a felony that occurs during the pendency of the appeal is a 463
basis for further disciplinary action under this section upon the 464
officer's or employee's reinstatement.465

       A person convicted of a felony while employed in the civil 466
service immediately forfeits the person's status as a classified 467
employee in any public employment on and after the date of the 468
conviction for the felony. If an officer or employee is removed 469
under this section as a result of being convicted of a felony or 470
is subsequently convicted of a felony that involves the same 471
conduct that was the basis for the removal, the officer or 472
employee is barred from receiving any compensation after the 473
removal notwithstanding any modification or disaffirmance of the 474
removal, unless the conviction for the felony is subsequently 475
reversed or annulled.476

       Any person removed for conviction of a felony is entitled to 477
a cash payment for any accrued but unused sick, personal, and 478
vacation leave as authorized by law. If subsequently reemployed in 479
the public sector, the person shall qualify for and accrue these 480
forms of leave in the manner specified by law for a newly 481
appointed employee and shall not be credited with prior public 482
service for the purpose of receiving these forms of leave.483

       As used in this division, "felony" means any of the 484
following:485

       (1) A felony that is an offense of violence as defined in 486
section 2901.01 of the Revised Code;487

       (2) A felony that is a felony drug abuse offense as defined 488
in section 2925.01 of the Revised Code;489

       (3) A felony under the laws of this or any other state or the 490
United States that is a crime of moral turpitude;491

       (4) A felony involving dishonesty, fraud, or theft;492

       (5) A felony that is a violation of section 2921.05, 2921.32, 493
or 2921.42 of the Revised Code.494

       (B) In case of a reduction, a suspension of more than forty 495
work hours in the case of an employee exempt from the payment of 496
overtime compensation, a suspension of more than twenty-four work 497
hours in the case of an employee required to be paid overtime 498
compensation, a fine of more than forty hours' pay in the case of 499
an employee exempt from the payment of overtime compensation, a 500
fine of more than twenty-four hours' pay in the case of an 501
employee required to be paid overtime compensation, or removal, 502
except for the reduction or removal of a probationary employee, 503
the appointing authority shall serve the employee with a copy of 504
the order of reduction, fine, suspension, or removal, which order 505
shall state the reasons for the action.506

       Within ten days following the date on which the order is 507
served or, in the case of an employee in the career professional 508
service of the department of transportation, within ten days 509
following the filing of a removal order, the employee, except as 510
otherwise provided in this section, may file an appeal of the 511
order in writing with the state personnel board of review or the 512
commission. For purposes of this section, the date on which an 513
order is served is the date of hand delivery of the order or the 514
date of delivery of the order by certified United States mail, 515
whichever occurs first. If an appeal is filed, the board or 516
commission shall forthwith notify the appointing authority and 517
shall hear, or appoint a trial board to hear, the appeal within 518
thirty days from and after its filing with the board or 519
commission. The board, commission, or trial board may affirm, 520
disaffirm, or modify the judgment of the appointing authority. 521
However, in an appeal of a removal order based upon a violation of 522
a last chance agreement, the board, commission, or trial board may 523
only determine if the employee violated the agreement and thus 524
affirm or disaffirm the judgment of the appointing authority.525

       In cases of removal or reduction in pay for disciplinary 526
reasons, either the appointing authority or the officer or 527
employee may appeal from the decision of the state personnel board 528
of review or the commission, and any such appeal shall be to the 529
court of common pleas of the county in which the appointing 530
authority is located, or to the court of common pleas of Franklin 531
county, as provided by section 119.12 of the Revised Code.532

       (C) In the case of the suspension for any period of time, or 533
a fine, demotion, or removal, of a chief of police, a chief of a 534
fire department, or any member of the police or fire department of 535
a city or civil service township, who is in the classified civil 536
service, the appointing authority shall furnish the chief or 537
member with a copy of the order of suspension, fine, demotion, or 538
removal, which order shall state the reasons for the action. The 539
order shall be filed with the municipal or civil service township 540
civil service commission. Within ten days following the filing of 541
the order, the chief or member may file an appeal, in writing, 542
with the commission. If an appeal is filed, the commission shall 543
forthwith notify the appointing authority and shall hear, or 544
appoint a trial board to hear, the appeal within thirty days from 545
and after its filing with the commission, and it may affirm, 546
disaffirm, or modify the judgment of the appointing authority. An 547
appeal on questions of law and fact may be had from the decision 548
of the commission to the court of common pleas in the county in 549
which the city or civil service township is situated. The appeal 550
shall be taken within thirty days from the finding of the 551
commission.552

       (D) A violation of division (A)(7) of section 2907.03 of the 553
Revised Code is grounds for termination of employment of a 554
nonteaching employee under this section.555

       (E) As used in this section, "last chance agreement" means an 556
agreement signed by both an appointing authority and an officer or 557
employee of the appointing authority that describes the type of 558
behavior or circumstances that, if it occurs, will automatically 559
lead to removal of the officer or employee without the right of 560
appeal to the state personnel board of review or the appropriate 561
commission.562

       Sec. 329.021.  (A) The board of county commissioners may, in 563
addition to the county director of job and family services, 564
appoint administrators to oversee services provided by the county 565
department of job and family services, subject to the following 566
limitations:567

       (1) If the county has a population of five hundred thousand 568
or more, the board may appoint up to five administrators.569

       (2) If the county has a population of two hundred and fifty 570
thousand or more, but less than five hundred thousand, the board 571
may appoint up to four administrators.572

       (3) If the county has a population of one hundred thousand or 573
more, but less than two hundred and fifty thousand, the board may 574
appoint up to three administrators.575

       (4) If the county has a population of forty thousand or more, 576
but less than one hundred thousand, the board may appoint up to 577
two administrators.578

       (5) If the county has a population of less than forty 579
thousand, the board may appoint one administrator.580

       (B) The administrators appointed by the board of county 581
commissioners under this section shall be in the unclassified 582
civil service and serve at the pleasure of the board. However, no 583
administrator position that is filled by a person serving in the 584
classified service on the effective date of this amendmentJuly 1, 585
2007, shall be placed in the unclassified civil service until that 586
person vacates the position.587

       (C) The board of county commissioners may appoint a person 588
who holds a certified position in the classified service within 589
the county department of job and family services to the position 590
of administrator. A person appointed to the position of 591
administrator pursuant to this division and later removed by the 592
board retains the right to resume the position in the classified 593
service held by that person immediately prior to being appointed 594
to the position of administrator, except that a person first 595
appointed to a classified position in the department on or after 596
the effective date of this amendmentJuly 1, 2007, shall retain 597
the right to resume the position in the classified service for 598
only six months after being appointed to the position of 599
administrator. An employee forfeits the right to resume a position 600
in the classified service when the employee is removed from the 601
position of administrator due to incompetence, inefficiency, 602
dishonesty, drunkenness, immoral conduct, insubordination, 603
discourteous treatment of the public, neglect of duty, violation 604
of any policy or work rule of the board or department, violation 605
of Chapter 124. of the Revised Code or the rules of the director 606
of administrative services, any other failure of good behavior, 607
any other acts of misfeasance, malfeasance, or nonfeasance in 608
office, or conviction of a felony while employed in the civil 609
service. If the position the person previously held in the 610
classified service no longer exists or has been placed in the 611
unclassified service, the person shall be appointed to a position 612
in the classified service of the department that is equivalent to 613
the classified position the person previously held, as determined 614
by the board with the approval of the director of administrative 615
services.616

       (D) As used in this section, "administrator" means assistant 617
director, fiscal officer or director, personnel officer or 618
director, social services administrator, income maintenance 619
administrator, child support administrator in a combined agency, 620
children services administrator in a combined agency, and 621
workforce development administrator in a combined agency.622

       Sec. 4121.121.  (A) There is hereby created the bureau of 623
workers' compensation, which shall be administered by the 624
administrator of workers' compensation. A person appointed to the 625
position of administrator shall possess significant management 626
experience in effectively managing an organization or 627
organizations of substantial size and complexity. A person 628
appointed to the position of administrator also shall possess a 629
minimum of five years of experience in the field of workers' 630
compensation insurance or in another insurance industry, except as 631
otherwise provided when the conditions specified in division (C) 632
of this section are satisfied. The governor shall appoint the 633
administrator as provided in section 121.03 of the Revised Code, 634
and the administrator shall serve at the pleasure of the governor. 635
The governor shall fix the administrator's salary on the basis of 636
the administrator's experience and the administrator's 637
responsibilities and duties under this chapter and Chapters 4123., 638
4125., 4127., 4131., and 4167. of the Revised Code. The governor 639
shall not appoint to the position of administrator any person who 640
has, or whose spouse has, given a contribution to the campaign 641
committee of the governor in an amount greater than one thousand 642
dollars during the two-year period immediately preceding the date 643
of the appointment of the administrator.644

       The administrator shall hold no other public office and shall 645
devote full time to the duties of administrator. Before entering 646
upon the duties of the office, the administrator shall take an 647
oath of office as required by sections 3.22 and 3.23 of the 648
Revised Code, and shall file in the office of the secretary of 649
state, a bond signed by the administrator and by surety approved 650
by the governor, for the sum of fifty thousand dollars payable to 651
the state, conditioned upon the faithful performance of the 652
administrator's duties.653

       (B) The administrator is responsible for the management of 654
the bureau and for the discharge of all administrative duties 655
imposed upon the administrator in this chapter and Chapters 4123., 656
4125., 4127., 4131., and 4167. of the Revised Code, and in the 657
discharge thereof shall do all of the following:658

       (1) Perform all acts and exercise all authorities and powers, 659
discretionary and otherwise that are required of or vested in the 660
bureau or any of its employees in this chapter and Chapters 4123., 661
4125., 4127., 4131., and 4167. of the Revised Code, except the 662
acts and the exercise of authority and power that is required of 663
and vested in the bureau of workers' compensation board of 664
directors or the industrial commission pursuant to those chapters. 665
The treasurer of state shall honor all warrants signed by the 666
administrator, or by one or more of the administrator's employees, 667
authorized by the administrator in writing, or bearing the 668
facsimile signature of the administrator or such employee under 669
sections 4123.42 and 4123.44 of the Revised Code.670

       (2) Employ, direct, and supervise all employees required in 671
connection with the performance of the duties assigned to the 672
bureau by this chapter and Chapters 4123., 4125., 4127., 4131., 673
and 4167. of the Revised Code, including an actuary, and may 674
establish job classification plans and compensation for all 675
employees of the bureau provided that this grant of authority 676
shall not be construed as affecting any employee for whom the 677
state employment relations board has established an appropriate 678
bargaining unit under section 4117.06 of the Revised Code. All 679
positions of employment in the bureau are in the classified civil 680
service except those employees the administrator may appoint to 681
serve at the administrator's pleasure in the unclassified civil 682
service pursuant to section 124.11 of the Revised Code. The 683
administrator shall fix the salaries of employees the 684
administrator appoints to serve at the administrator's pleasure, 685
including the chief operating officer, staff physicians, and other 686
senior management personnel of the bureau and shall establish the 687
compensation of staff attorneys of the bureau's legal section and 688
their immediate supervisors, and take whatever steps are necessary 689
to provide adequate compensation for other staff attorneys.690

       The administrator may appoint a person who holds a certified 691
position in the classified service within the bureau to a position 692
in the unclassified service within the bureau. A person appointed 693
pursuant to this division to a position in the unclassified 694
service shall retain the right to resume the position and status 695
held by the person in the classified service immediately prior to 696
the person's appointment in the unclassified service, regardless 697
of the number of positions the person held in the unclassified 698
service. An employee's right to resume a position in the 699
classified service may only be exercised when the administrator 700
demotes the employee to a pay range lower than the employee's 701
current pay range or revokes the employee's appointment to the 702
unclassified service. An employee forfeits the right to resume a 703
position in the classified service when the employee is removed 704
from the position in the unclassified service due to incompetence, 705
inefficiency, dishonesty, drunkenness, immoral conduct, 706
insubordination, discourteous treatment of the public, neglect of 707
duty, violation of this chapter or Chapter 124., 4123., 4125., 708
4127., 4131., or 4167. of the Revised Code, violation of the rules 709
of the director of administrative services or the administrator, 710
any other failure of good behavior, any other acts of misfeasance, 711
malfeasance, or nonfeasance in office, or conviction of a felony 712
while employed in the civil service. An employee also forfeits the 713
right to resume a position in the classified service upon transfer 714
to a different agency.715

       Reinstatement to a position in the classified service shall 716
be to a position substantially equal to that position in the 717
classified service held previously, as certified by the department 718
of administrative services. If the position the person previously 719
held in the classified service has been placed in the unclassified 720
service or is otherwise unavailable, the person shall be appointed 721
to a position in the classified service within the bureau that the 722
director of administrative services certifies is comparable in 723
compensation to the position the person previously held in the 724
classified service. Service in the position in the unclassified 725
service shall be counted as service in the position in the 726
classified service held by the person immediately prior to the 727
person's appointment in the unclassified service. When a person is 728
reinstated to a position in the classified service as provided in 729
this division, the person is entitled to all rights, status, and 730
benefits accruing to the position during the person's time of 731
service in the position in the unclassified service.732

       (3) Reorganize the work of the bureau, its sections, 733
departments, and offices to the extent necessary to achieve the 734
most efficient performance of its functions and to that end may 735
establish, change, or abolish positions and assign and reassign 736
duties and responsibilities of every employee of the bureau. All 737
persons employed by the commission in positions that, after 738
November 3, 1989, are supervised and directed by the administrator 739
under this section are transferred to the bureau in their 740
respective classifications but subject to reassignment and 741
reclassification of position and compensation as the administrator 742
determines to be in the interest of efficient administration. The 743
civil service status of any person employed by the commission is 744
not affected by this section. Personnel employed by the bureau or 745
the commission who are subject to Chapter 4117. of the Revised 746
Code shall retain all of their rights and benefits conferred 747
pursuant to that chapter as it presently exists or is hereafter 748
amended and nothing in this chapter or Chapter 4123. of the 749
Revised Code shall be construed as eliminating or interfering with 750
Chapter 4117. of the Revised Code or the rights and benefits 751
conferred under that chapter to public employees or to any 752
bargaining unit.753

       (4) Provide offices, equipment, supplies, and other 754
facilities for the bureau.755

       (5) Prepare and submit to the board information the 756
administrator considers pertinent or the board requires, together 757
with the administrator's recommendations, in the form of 758
administrative rules, for the advice and consent of the board, for 759
classifications of occupations or industries, for premium rates 760
and contributions, for the amount to be credited to the surplus 761
fund, for rules and systems of rating, rate revisions, and merit 762
rating. The administrator shall obtain, prepare, and submit any 763
other information the board requires for the prompt and efficient 764
discharge of its duties.765

       (6) Keep the accounts required by division (A) of section 766
4123.34 of the Revised Code and all other accounts and records 767
necessary to the collection, administration, and distribution of 768
the workers' compensation funds and shall obtain the statistical 769
and other information required by section 4123.19 of the Revised 770
Code.771

       (7) Exercise the investment powers vested in the 772
administrator by section 4123.44 of the Revised Code in accordance 773
with the investment policy approved by the board pursuant to 774
section 4121.12 of the Revised Code and in consultation with the 775
chief investment officer of the bureau of workers' compensation. 776
The administrator shall not engage in any prohibited investment 777
activity specified by the board pursuant to division (F)(9) of 778
section 4121.12 of the Revised Code and shall not invest in any 779
type of investment specified in divisions (B)(1) to (10) of 780
section 4123.442 of the Revised Code. All business shall be 781
transacted, all funds invested, all warrants for money drawn and 782
payments made, and all cash and securities and other property 783
held, in the name of the bureau, or in the name of its nominee, 784
provided that nominees are authorized by the administrator solely 785
for the purpose of facilitating the transfer of securities, and 786
restricted to the administrator and designated employees.787

       (8) Make contracts for and supervise the construction of any 788
project or improvement or the construction or repair of buildings 789
under the control of the bureau.790

       (9) Purchase supplies, materials, equipment, and services; 791
make contracts for, operate, and superintend the telephone, other 792
telecommunication, and computer services for the use of the 793
bureau; and make contracts in connection with office reproduction, 794
forms management, printing, and other services. Notwithstanding 795
sections 125.12 to 125.14 of the Revised Code, the administrator 796
may transfer surplus computers and computer equipment directly to 797
an accredited public school within the state. The computers and 798
computer equipment may be repaired or refurbished prior to the 799
transfer.800

       (10) Prepare and submit to the board an annual budget for 801
internal operating purposes for the board's approval. The 802
administrator also shall, separately from the budget the 803
industrial commission submits, prepare and submit to the director 804
of budget and management a budget for each biennium. The budgets 805
submitted to the board and the director shall include estimates of 806
the costs and necessary expenditures of the bureau in the 807
discharge of any duty imposed by law.808

       (11) As promptly as possible in the course of efficient 809
administration, decentralize and relocate such of the personnel 810
and activities of the bureau as is appropriate to the end that the 811
receipt, investigation, determination, and payment of claims may 812
be undertaken at or near the place of injury or the residence of 813
the claimant and for that purpose establish regional offices, in 814
such places as the administrator considers proper, capable of 815
discharging as many of the functions of the bureau as is 816
practicable so as to promote prompt and efficient administration 817
in the processing of claims. All active and inactive lost-time 818
claims files shall be held at the service office responsible for 819
the claim. A claimant, at the claimant's request, shall be 820
provided with information by telephone as to the location of the 821
file pertaining to the claimant's claim. The administrator shall 822
ensure that all service office employees report directly to the 823
director for their service office.824

       (12) Provide a written binder on new coverage where the 825
administrator considers it to be in the best interest of the risk. 826
The administrator, or any other person authorized by the 827
administrator, shall grant the binder upon submission of a request 828
for coverage by the employer. A binder is effective for a period 829
of thirty days from date of issuance and is nonrenewable. Payroll 830
reports and premium charges shall coincide with the effective date 831
of the binder.832

       (13) Set standards for the reasonable and maximum handling 833
time of claims payment functions, ensure, by rules, the impartial 834
and prompt treatment of all claims and employer risk accounts, and 835
establish a secure, accurate method of time stamping all incoming 836
mail and documents hand delivered to bureau employees.837

       (14) Ensure that all employees of the bureau follow the 838
orders and rules of the commission as such orders and rules relate 839
to the commission's overall adjudicatory policy-making and 840
management duties under this chapter and Chapters 4123., 4127., 841
and 4131. of the Revised Code.842

       (15) Manage and operate a data processing system with a 843
common data base for the use of both the bureau and the commission 844
and, in consultation with the commission, using electronic data 845
processing equipment, shall develop a claims tracking system that 846
is sufficient to monitor the status of a claim at any time and 847
that lists appeals that have been filed and orders or 848
determinations that have been issued pursuant to section 4123.511 849
or 4123.512 of the Revised Code, including the dates of such 850
filings and issuances.851

       (16) Establish and maintain a medical section within the 852
bureau. The medical section shall do all of the following:853

       (a) Assist the administrator in establishing standard medical 854
fees, approving medical procedures, and determining eligibility 855
and reasonableness of the compensation payments for medical, 856
hospital, and nursing services, and in establishing guidelines for 857
payment policies which recognize usual, customary, and reasonable 858
methods of payment for covered services;859

       (b) Provide a resource to respond to questions from claims 860
examiners for employees of the bureau;861

       (c) Audit fee bill payments;862

       (d) Implement a program to utilize, to the maximum extent 863
possible, electronic data processing equipment for storage of 864
information to facilitate authorizations of compensation payments 865
for medical, hospital, drug, and nursing services;866

       (e) Perform other duties assigned to it by the administrator.867

       (17) Appoint, as the administrator determines necessary, 868
panels to review and advise the administrator on disputes arising 869
over a determination that a health care service or supply provided 870
to a claimant is not covered under this chapter or Chapter 4123., 871
4127., or 4131. of the Revised Code or is medically unnecessary. 872
If an individual health care provider is involved in the dispute, 873
the panel shall consist of individuals licensed pursuant to the 874
same section of the Revised Code as such health care provider.875

       (18) Pursuant to section 4123.65 of the Revised Code, approve 876
applications for the final settlement of claims for compensation 877
or benefits under this chapter and Chapters 4123., 4127., and 878
4131. of the Revised Code as the administrator determines 879
appropriate, except in regard to the applications of self-insuring 880
employers and their employees.881

       (19) Comply with section 3517.13 of the Revised Code, and 882
except in regard to contracts entered into pursuant to the 883
authority contained in section 4121.44 of the Revised Code, comply 884
with the competitive bidding procedures set forth in the Revised 885
Code for all contracts into which the administrator enters 886
provided that those contracts fall within the type of contracts 887
and dollar amounts specified in the Revised Code for competitive 888
bidding and further provided that those contracts are not 889
otherwise specifically exempt from the competitive bidding 890
procedures contained in the Revised Code.891

       (20) Adopt, with the advice and consent of the board, rules 892
for the operation of the bureau.893

       (21) Prepare and submit to the board information the 894
administrator considers pertinent or the board requires, together 895
with the administrator's recommendations, in the form of 896
administrative rules, for the advice and consent of the board, for 897
the health partnership program and the qualified health plan 898
system, as provided in sections 4121.44, 4121.441, and 4121.442 of 899
the Revised Code.900

       (C) The administrator, with the advice and consent of the 901
senate, shall appoint a chief operating officer who has a minimum 902
of five years of experience in the field of workers' compensation 903
insurance or in another similar insurance industry if the 904
administrator does not possess such experience. The chief 905
operating officer shall not commence the chief operating officer's 906
duties until after the senate consents to the chief operating 907
officer's appointment. The chief operating officer shall serve in 908
the unclassified civil service of the state.909

       Sec. 5123.08.  An appointing officer may appoint a person who 910
holds a certified position in the classified service within the 911
department of developmental disabilities to a position in the 912
unclassified service within the department. A person appointed 913
pursuant to this section to a position in the unclassified service 914
shall retain the right to resume the position and status held by 915
the person in the classified service immediately prior to the 916
person's appointment to the position in the unclassified service, 917
regardless of the number of positions the person held in the 918
unclassified service. An employee's right to resume a position in 919
the classified service may only be exercised when an appointing 920
authority demotes the employee to a pay range lower than the 921
employee's current pay range or revokes the employee's appointment 922
to the unclassified service. An employee forfeits the right to 923
resume a position in the classified service when the employee is 924
removed from the position in the unclassified service due to 925
incompetence, inefficiency, dishonesty, drunkenness, immoral 926
conduct, insubordination, discourteous treatment of the public, 927
neglect of duty, violation of this chapter or Chapter 124. of the 928
Revised Code, the rules of the director of developmental 929
disabilities or the director of administrative services, any other 930
failure of good behavior, any other acts of misfeasance, 931
malfeasance, or nonfeasance in office, or conviction of a felony 932
while employed in the civil service. An employee also forfeits the 933
right to resume a position in the classified service upon transfer 934
to a different agency.935

       Reinstatement to a position in the classified service shall 936
be to a position substantially equal to that position in the 937
classified service held previously, as certified by the director 938
of administrative services. If the position the person previously 939
held in the classified service has been placed in the unclassified 940
service or is otherwise unavailable, the person shall be appointed 941
to a position in the classified service within the department that 942
the director of administrative services certifies is comparable in 943
compensation to the position the person previously held in the 944
classified service. Service in the position in the unclassified 945
service shall be counted as service in the position in the 946
classified service held by the person immediately prior to the 947
person's appointment to the position in the unclassified service. 948
When a person is reinstated to a position in the classified 949
service as provided in this section, the person is entitled to all 950
rights, status, and benefits accruing to the position in the 951
classified service during the time of the person's service in the 952
position in the unclassified service.953

       Sec. 5139.02.  (A)(1) As used in this section, "managing 954
officer" means a deputy director, an assistant deputy director, a 955
superintendent, a regional administrator, a deputy superintendent, 956
or the superintendent of schools of the department of youth 957
services, a member of the release authority, the chief of staff to 958
the release authority, and the victims administrator of the office 959
of victim services.960

       (2) Each division established by the director of youth 961
services shall consist of managing officers and other employees, 962
including those employed in institutions and regions as necessary 963
to perform the functions assigned to them. The director or 964
appropriate deputy director or managing officer of the department 965
shall supervise the work of each division and determine general 966
policies governing the exercise of powers vested in the department 967
and assigned to each division. The appropriate managing officer or 968
deputy director is responsible to the director for the 969
organization, direction, and supervision of the work of the 970
division or unit and for the exercise of the powers and the 971
performance of the duties of the department assigned to it and, 972
with the director's approval, may establish bureaus or other 973
administrative units within the department.974

       (B) The director shall appoint all managing officers, who 975
shall be in the unclassified civil service. The director may 976
appoint a person who holds a certified position in the classified 977
service within the department to a position as a managing officer 978
within the department. A person appointed pursuant to this 979
division to a position as a managing officer shall retain the 980
right to resume the position and status held by the person in the 981
classified service immediately prior to the person's appointment 982
as managing officer, regardless of the number of positions the 983
person held in the unclassified service. A managing officer's 984
right to resume a position in the classified service may only be 985
exercised when the director demotes the managing officer to a pay 986
range lower than the managing officer's current pay range or 987
revokes the managing officer's appointment to the position of 988
managing officer. A managing officer forfeits the right to resume 989
a position in the classified service when the managing officer is 990
removed from the position of managing officer due to incompetence, 991
inefficiency, dishonesty, drunkenness, immoral conduct, 992
insubordination, discourteous treatment of the public, neglect of 993
duty, violation of this chapter or Chapter 124. of the Revised 994
Code, the rules of the director of youth services or the director 995
of administrative services, any other failure of good behavior, 996
any other acts of misfeasance, malfeasance, or nonfeasance in 997
office, or conviction of a felony while employed in the civil 998
service. A managing officer also forfeits the right to resume a 999
position in the classified service upon transfer to a different 1000
agency.1001

       Reinstatement to a position in the classified service shall 1002
be to the position held in the classified service immediately 1003
prior to appointment as managing officer, or to another position 1004
certified by the director of administrative services as being 1005
substantially equal to that position. If the position the person 1006
previously held in the classified service immediately prior to 1007
appointment as a managing officer has been placed in the 1008
unclassified service or is otherwise unavailable, the person shall 1009
be appointed to a position in the classified service within the 1010
department that the director of administrative services certifies 1011
is comparable in compensation to the position the person 1012
previously held in the classified service. Service as a managing 1013
officer shall be counted as service in the position in the 1014
classified service held by the person immediately prior to the 1015
person's appointment as a managing officer. If a person is 1016
reinstated to a position in the classified service under this 1017
division, the person shall be returned to the pay range and step 1018
to which the person had been assigned at the time of the 1019
appointment as managing officer. Longevity, where applicable, 1020
shall be calculated pursuant to the provisions of section 124.181 1021
of the Revised Code.1022

       (C) Each person appointed as a managing officer shall have 1023
received special training and shall have experience in the type of 1024
work that the person's division is required to perform. Each 1025
managing officer, under the supervision of the director, has 1026
entire charge of the division, institution, unit, or region for 1027
which the managing officer is appointed and, with the director's 1028
approval, shall appoint necessary employees and may remove them 1029
for cause.1030

       (D) The director may designate one or more deputy directors 1031
to sign any personnel actions on the director's behalf. The 1032
director shall make a designation in a writing signed by the 1033
director, and the designation shall remain in effect until the 1034
director revokes or supersedes it with a new designation.1035

       Section 2.  That existing sections 124.11, 124.25, 124.26, 1036
124.34, 329.021, 4121.121, 5123.08, and 5139.02 of the Revised 1037
Code are hereby repealed.1038

       Section 3.  Section 124.26 of the Revised Code is presented 1039
in this act as a composite of the section as amended by both Am. 1040
Sub. H.B. 487 and Am. Sub. H.B. 490 of the 129th General Assembly. 1041
The General Assembly, applying the principle stated in division 1042
(B) of section 1.52 of the Revised Code that amendments are to be 1043
harmonized if reasonably capable of simultaneous operation, finds 1044
that the composite is the resulting version of the section in 1045
effect prior to the effective date of the section as presented in 1046
this act.1047