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(123rd General Assembly)(Substitute Senate Bill Number 200)
AN ACT
To amend sections 4301.62, 4301.639, 4303.182, and 4303.35 and to enact
sections 2927.021, 2927.022, 4301.61, 4301.611, and 4303.203
of the Revised Code to grant liquor permit holders and
sellers of tobacco products, and their agents and employees, an affirmative
defense against
a charge of selling or otherwise distributing cigarettes or other tobacco
products, or selling beer, intoxicating
liquor, or low-alcohol beverages,
to an underage person if a transaction scan of the person's driver's or
commercial driver's license
or Ohio identification card indicates it is valid and the scan is reasonably
relied upon; to restrict the
use of the information obtained through a transaction scan;
to require the Registrar of Motor Vehicles to adopt rules relating
to the use of transaction scan devices; to authorize the
holder of a D-6 permit issued to a sports facility to make sales
between the hours of 11 a.m. and midnight on a Sunday on which
certain professional sports games are being played at the sports
facility; and to create
the F-3 permit to be issued to certain nonprofit organizations to
allow the serving of beer, wine, or mixed beverages at a
convention facility or hotel for a period not to exceed five
consecutive days.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 4301.62, 4301.639, 4303.182, and 4303.35 be amended
and
sections 2927.021, 2927.022, 4301.61, 4301.611, and 4303.203 of the
Revised Code be enacted to read as follows:
Sec. 2927.021. (A) As used in this section and section 2927.022
of the Revised Code: (1) "Card holder" means any person who presents a driver's or
commercial driver's license or an identification card to a seller, or an
agent or employee of a seller,
to purchase or receive cigarettes or other tobacco products from
the seller, agent, or employee. (2) "Identification card" means an identification card issued
under sections 4507.50 to 4507.52 of the Revised Code. (3) "Seller" means a seller of cigarettes or other tobacco
products and includes any person whose gift of or other distribution of
cigarettes or other tobacco products is subject to the prohibitions of section
2927.02 of the Revised Code. (4) "Transaction scan" means the process by which a seller or
an agent or employee of a seller checks, by means of a transaction
scan device, the validity of a driver's or commercial driver's license
or an identification card that is presented as a condition for
purchasing or receiving cigarettes or
other tobacco products. (5) "Transaction scan device" means any commercial device or
combination of devices used at a point of sale that is capable
of deciphering in an electronically readable format the
information encoded on the magnetic strip or bar code of a
driver's or commercial driver's license or an identification card. (B)(1) A seller or an agent or employee of a
seller may
perform a transaction scan by means of a transaction scan device
to check the validity of a driver's or commercial driver's license
or identification card presented by a card holder as a condition
for selling, giving away, or otherwise distributing to the card holder
cigarettes or other
tobacco products. (2) If the information deciphered by the transaction scan
performed under division (B)(1) of this section
fails
to match the information printed on the driver's or commercial driver's
license or identification card presented by
the card holder, or if the transaction scan indicates that the
information so printed is false or fraudulent, neither the seller
nor any agent or employee of the seller shall sell, give away, or otherwise
distribute any cigarettes
or other tobacco products to the card holder. (3) division (B)(1) of this section does not
preclude a seller
or an agent or employee of a seller from
using a transaction scan device to check the validity of a document other
than a driver's or commercial driver's license or an
identification card, if the document includes a bar code or
magnetic strip that may be scanned by the device, as a condition for
selling, giving away, or otherwise distributing cigarettes or other tobacco
products to the person presenting the document. (C) Rules adopted by the registrar of motor vehicles under
division (C) of section 4301.61 of the Revised Code
apply to the
use of transaction scan devices for purposes of this section and section
2927.022
of the Revised Code. (D)(1) No seller or agent or employee of a seller shall
electronically or mechanically record or maintain any information derived from
a
transaction scan, except the following: (a) The name and date of birth of the person listed on the
driver's or commercial driver's license or identification card presented
by a card holder; (b) The expiration date and identification number of the driver's
or commercial driver's license or identification card presented by a card
holder. (2) No seller or agent or employee of a seller shall use the
information that is derived from a transaction scan or that is permitted to be
recorded and maintained under division (D)(1) of this section, except
for purposes of section 2927.022 of the Revised
Code. (3) No seller or agent or employee of a seller shall use a
transaction scan device for a purpose other than the purpose specified in
division (B)(1) of this section. (4) No seller or agent or employee of a seller shall sell or otherwise
disseminate the information derived from a transaction
scan to any third party, including, but not limited to, selling
or otherwise disseminating that information for any marketing, advertising,
or promotional activities, but a seller or agent or employee of a
seller may release that information pursuant to a court order or
as specifically authorized by section 2927.022 or another section of the Revised Code. (E) Nothing in this section or section 2927.022 of the
Revised Code relieves a seller or an agent or employee of a
seller of any responsibility to comply with any other applicable state or
federal laws or rules governing the sale, giving away, or other distribution
of
cigarettes or other tobacco products. (F) Whoever violates division (B)(2)
or (D) of this section is guilty of engaging in an illegal
tobacco product transaction scan, and the court
may impose upon the offender a civil penalty of up to one thousand
dollars for each violation. The clerk of the court shall pay each collected
civil penalty to the county treasurer for deposit into the county
treasury. Sec. 2927.022. (A) A seller or an agent or employee of a
seller
may not be found guilty of a charge of a violation of section 2927.02 of the
Revised Code
in
which the age of the purchaser or other recipient of cigarettes or other
tobacco products is an element of the alleged violation, if the seller, agent,
or employee raises and proves as an affirmative defense that all of the
following occurred: (1) A card holder attempting to purchase or receive
cigarettes
or other tobacco products presented a driver's or commercial driver's
license or an identification card. (2) A transaction scan of the driver's or commercial driver's
license or identification card that the card holder presented indicated
that the license or card was valid. (3) The cigarettes or other tobacco products were sold,
given away, or otherwise distributed to the card holder in reasonable reliance
upon the
identification presented and the completed transaction scan. (B) In determining whether a seller or an agent or employee of a
seller has proven the affirmative defense provided by division (a) of
this
section, the trier of fact in the action for the alleged violation of section
2927.02 of the Revised Code shall consider any written policy
that the seller has adopted and implemented and that is intended to
prevent violations of section 2927.02 of the Revised Code.
For purposes of division (A)(3) of this section, the trier of fact
shall consider that reasonable reliance upon the identification presented and
the completed transaction scan may require a seller or an agent or employee of
a seller to exercise reasonable diligence to determine, and that the use of a
transaction scan device does not excuse a seller or an agent or employee of a
seller from exercising reasonable diligence to determine, the following: (1) Whether a person to whom the seller or agent or employee of a
seller sells, gives away, or otherwise distributes cigarettes or other tobacco
products is eighteen years of
age or older; (2) Whether the description and picture appearing on the driver's
or commercial driver's license or identification card presented by a
card holder is that of the card holder. (C) In any criminal action in which
the affirmative defense provided by division (A) of this section is
raised, the
registrar of motor vehicles or a deputy registrar who issued an identification
card under sections
4507.50 to 4507.52 of the Revised Code shall be permitted to
submit certified copies of the records
of that issuance in lieu of the
testimony of the personnel of or contractors with the bureau of motor vehicles
in the action. Sec. 4301.61. (A) As used in this section and section 4301.611
of the Revised Code: (1) "Card holder" means any person who presents a driver's or
commercial driver's license or an identification card to a permit
holder, or an agent or employee of a permit holder, for either of the
purposes listed in division (A)(4)(a) or
(b) of this section. (2) "Identification card" means an identification card issued
under sections 4507.50 to 4507.52 of the Revised Code. (3) "Permit holder" means the holder of a permit issued under
Chapter 4303. of
the Revised Code. (4) "Transaction scan" means the process by which a permit holder
or an agent or employee of a permit holder checks, by means of a
transaction scan device, the validity of a driver's or commercial
driver's license or an identification card that is presented as a
condition for doing either of the following: (a) Purchasing any beer, intoxicating liquor, or low-alcohol
beverage; (b) Gaining admission to a premises that has been issued a
liquor
permit authorizing the sale of beer or intoxicating liquor for consumption on
the premises where sold, and where
admission is restricted to persons twenty-one years of age or
older. (5) "Transaction scan device" means any commercial device or
combination of devices used at a point of sale that is capable
of deciphering in an electronically readable format the
information encoded on the magnetic strip or bar code of a
driver's or commercial driver's license or an identification card. (B)(1) A permit holder or an agent or employee
of a permit
holder may perform a transaction scan by means of a transaction scan device to
check the validity of a driver's or commercial driver's license or
identification card presented by a card holder for
either of the purposes listed in division (A)(4)(a)
or (b) of this section. (2) If the information deciphered by the transaction scan
performed under division (B)(1) of this section
fails
to match the information printed on the driver's or commercial driver's
license or identification card presented by
the card holder, or if the transaction scan indicates that the
information so printed is false or fraudulent, neither the permit
holder nor any agent or employee of the permit holder shall sell
any beer, intoxicating liquor, or low-alcohol beverage to the card holder. (3) Division (B)(1) of this section does not
preclude a permit
holder or an agent or employee of a permit holder from
using a transaction scan device to check the validity of a
document other than a driver's or commercial driver's license or
an identification card, if the document includes a bar code or
magnetic strip that may be scanned by the device, as a condition of a
sale of beer, intoxicating liquor, or a low-alcohol beverage or of granting
admission to a premises described in division (A)(4) of this
section. (C) The registrar of motor vehicles, with the approval of the
liquor control commission, shall adopt, and may amend or rescind, rules
in accordance with Chapter 119. of the Revised Code
that do
both of the following: (1) Govern the recording and maintenance of information described
in divisions (D)(1)(a) and (b) of
this section and divisions
(D)(1)(a) and (b) of
section 2927.021 of the Revised Code; (2) Ensure quality control in the use of transaction scan devices
under this section and sections 2927.021, 2927.022, and 4301.611 of the
Revised Code. (D)(1) No permit holder or agent or employee of a permit holder
shall electronically or mechanically record or maintain any information
derived
from a transaction scan, except the following: (a) The name and date of birth of the person listed on the
driver's or commercial driver's license or identification card presented
by a card holder; (b) The expiration date and identification number of the
driver's
or commercial driver's license or identification card presented by a card
holder. (2) No permit holder or agent or employee of a permit holder
shall use the information that is derived from a transaction scan or that is
permitted to be recorded and maintained by division (D)(1) of this
section, except for purposes of section 4301.611 of the
Revised Code. (3) No permit holder or agent or employee of a permit holder
shall use a transaction scan device for a purpose other than a purpose
listed in division (A)(4)(a) or (b)
of this section. (4) No permit holder or agent or employee of a permit holder shall sell
or otherwise disseminate the information derived from a
transaction scan to any third party, including, but not limited
to, selling or otherwise disseminating that information for any marketing,
advertising, or promotional activities, but a permit holder or agent
or employee of a permit holder may release that information
pursuant to a court order or as specifically authorized by section 4301.611 or
another section of the Revised Code. (E) Nothing in this section or section 4301.611 of the Revised Code relieves a
permit holder or an agent or employee of a permit holder of any responsibility
to comply with any other applicable state or federal laws or rules governing
the sale of beer, intoxicating liquor, or low-alcohol beverages. (F) Whoever violates division (B)(2)
or (D) of this section is guilty of an illegal liquor
transaction scan, and the court
may impose upon the offender a civil penalty of up to one thousand
dollars for each violation. The clerk of the court shall pay each collected
civil penalty to the county treasurer for deposit into the county
treasury. Sec. 4301.611. (A) A permit holder or an agent or employee
of a
permit holder may not be found guilty of a charge of a violation of this
chapter
or any rule of the liquor control commission in which the age of a
purchaser of any beer, intoxicating liquor, or low-alcohol beverage is an
element
of the alleged violation, if the permit holder, agent, or employee raises and
proves as an affirmative defense that all of the following occurred: (1) The card holder attempting to purchase any beer,
intoxicating liquor, or low-alcohol beverage presented a driver's or
commercial driver's license
or an identification card. (2) A transaction scan of the driver's or commercial driver's
license or identification card that the card holder presented indicated
that the license or card was valid. (3) The beer, intoxicating liquor, or low-alcohol beverage was sold
to the card holder in reasonable reliance upon the identification
presented and the completed transaction scan. (B) In determining whether a permit holder or an agent or
employee of a permit holder has proven the affirmative defense provided by
division (A) of
this
section, the liquor control commission or the trier of fact in a court of
record shall
consider any written policy
that the permit holder has adopted and implemented and that is intended to
prevent
violations of division (A)(1) or (2) of section 4301.22 and of
sections 4301.63 to 4301.636, 4301.69, and 4301.691
of the Revised Code. For purposes of division
(A)(3) of this section, the commission or trier of fact shall
consider that reasonable reliance upon the identification presented and the
completed transaction scan may require a permit holder or an agent or employee
of a permit holder to exercise reasonable diligence to determine, and that the
use of a transaction scan device
does
not excuse a permit holder or an agent or employee of a permit holder from
exercising reasonable diligence to determine, the
following: (1) Whether a person to whom the permit holder or agent or
employee of a permit holder sells any beer or intoxicating liquor is
twenty-one years of age or older or sells any low-alcohol beverage is eighteen
years of age or older; (2) Whether the description and picture appearing on the driver's
or commercial driver's license or identification card presented by a
card holder is that of the card holder. (C) The affirmative defense provided by division (A)
of this section is in
addition to the defense provided by section 4301.639 of the
Revised Code. (D) In any hearing before the liquor control commission and in
any criminal
action in which the affirmative defense provided by
division (A) of this section is raised, the registrar of motor
vehicles or a deputy registrar who issued an identification card under
sections
4507.50 to
4507.52 of the Revised Code shall be permitted to submit
certified
copies of the records of
that issuance in lieu of the testimony of the
personnel of or contractors with the bureau of motor vehicles in the hearing
or action. Sec. 4301.62. (A) As used in this section: (1) "Chauffeured limousine" means a vehicle
registered under section 4503.24 of the Revised Code. (2) "Street," "highway," and "motor
vehicle" have the same meanings as in
section 4511.01 of the Revised Code. (B) No person shall have in the person's possession an
opened container of beer or intoxicating liquor in any of the following
circumstances: (1) In a state liquor store; (2) Except as provided in division (C) of this section,
on the premises of the holder of any permit issued by
the division of liquor control; (3) In any other public place; (4) Except as provided in division (D) of this section, while operating or
being a passenger in or on a motor
vehicle on any street, highway, or other public or private
property open to the public for purposes of vehicular travel or
parking; (5) Except as provided in division (D) of this section, while being in or on
a stationary motor vehicle on any street, highway, or other public or private
property open to the public for purposes of vehicular travel or parking. (C)(1) A person may have in the
person's possession an opened container of beer any of the
following: (a) Beer or intoxicating liquor
that has been lawfully purchased for consumption on the
premises where bought of a from the holder of an A-1-A, A-2,
D-1, D-2,
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f,
D-5g, D-5h, D-5i, D-5j, D-7, E, F, or F-2 permit, or beer; (b) Beer, wine, or mixed beverages served for consumption on the
premises by the holder of an F-3 permit; (c) Beer or
intoxicating
liquor consumed on the premises of a convention
facility as provided in section 4303.201 of the Revised Code. (2) A person may have in the person's possession on an
F liquor permit premises an
opened container of beer or intoxicating liquor that was not
purchased from the holder of the
F permit if the premises for
which the F permit is issued is
a music festival and the holder of the
F permit grants permission for
such that possession on the premises during the period
for which the F permit is
issued. As used in this division, "music festival" means a
series of outdoor live musical performances, extending for a
period of at least three consecutive days and located on an
area of land of at least forty acres. (D) This section does not apply to a person who pays all or a
portion of the fee imposed for the use of a
chauffeured limousine pursuant to a prearranged contract, or the guest of
the person, when all of the following apply: (1) The person or guest is a passenger in the limousine. (2) The person or guest is located in the limousine, but is not occupying a
seat in the front compartment of the limousine where the operator of the
limousine is located. (3) The limousine is located on any street, highway, or
other public or private property open to the public for purposes of vehicular
travel or parking. Sec. 4301.639. (A) No permit holder, his agent or employee
of a permit
holder, or any other person may be found guilty of a violation of any
section of this chapter or any rule of the liquor control commission in which
age is an
element of the offense, if the liquor control commission or any
court of record finds all of the following: (A)(1) That the person buying, at the time of so doing,
exhibited to the permit holder, his the agent or employee of
the permit holder, or the other person a
driver's
or commercial driver's license or an identification card issued
under sections 4507.50 to 4507.52 of the Revised Code showing
that the person buying was then at least twenty-one years of age if he
the person was buying beer as defined in section 4301.01 of the Revised
Code or intoxicating liquor or that he the person was then at
least eighteen years of age if he the person was buying any
low-alcohol beverage;
(B)(2) That the permit holder, his the agent or
employee of the
permit holder, or the other person made a
bona fide effort to ascertain the true age of the person buying
by checking the identification presented, at the time of the
purchase, to ascertain that the description on the identification
compared with the appearance of the buyer and that the
identification presented had not been altered in any way;
(C)(3) That the permit holder, his the agent or
employee of the
permit holder, or the other person had
reason to believe that the person buying was of legal age.
(B) In any hearing before the liquor control commission and in
any action or proceeding before a court of record in which a
defense is raised under division (A) of this section, the
registrar of motor
vehicles or his deputy registrar who issued an identification
card under
sections 4507.50 to 4507.52 of the Revised Code shall be
permitted to submit certified copies of the records, in his the
registrar's or deputy's possession, of such that issuance in
lieu of the
testimony of the personnel of or contractors with the bureau of motor
vehicles at such
the hearing,
action, or proceeding. (C) The defense provided by division (A) of this section
is in addition to the affirmative defense provided by section 4301.611 of the Revised Code. Sec. 4303.182. (A) Except as
otherwise provided in divisions (B), (C), and
(D) of this section, permit D-6 shall be issued to
the holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, D-5,
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-7
permit to allow sale under such permit between the hours of one
p.m. and midnight on Sunday, if such that sale has been
authorized
under section 4301.361 or 4301.364 of the Revised Code and
under the
restrictions of such that authorization. Permit (B) Permit D-6 shall be issued
to the holder of any permit, including a D-4a and D-5d permit,
authorizing the sale of intoxicating liquor issued for a premises
located at any publicly owned airport, as defined in section
4563.01 of the Revised Code, at which commercial airline
companies operate regularly scheduled flights on which space is
available to the public, to allow sale under such permit between
the hours of one p.m. and midnight on Sunday, whether or not such
that sale has been authorized under section 4301.361 or
4301.364 of the Revised Code. Permit (C) Permit D-6 shall be issued to the holder of a D-5a
permit,
and to the holder of a D-3 or D-3a permit who is the owner or
operator of a hotel or motel that is required to be licensed under
section 3731.03 of the Revised Code containing, that
contains at least fifty
rooms for registered transient guests, and which that has
on its
premises a restaurant licensed pursuant to section 3717.43 of the
Revised Code affiliated with the hotel or motel and within or
contiguous to the hotel or motel and serving food within the
hotel or motel, to allow sale under such permit between the hours
of one p.m. and midnight on Sunday, whether or not such that
sale has been authorized under section 4301.361 or 4301.364 of
the Revised Code. (D) The holder of a D-6
permit
that is issued to a
sports facility may make sales under the permit between the hours
of eleven a.mand midnight on any Sunday on
which a professional baseball, basketball, football, hockey, or soccer game is
being played at the sports facility. As used in this
division, "sports facility" means a stadium or arena that has a seating
capacity of at least four
thousand and that is owned or leased by a professional baseball, basketball,
football, hockey, or
soccer franchise or any combination of those franchises. (E) If the restriction to licensed
premises where the sale of food and other goods and services
exceeds fifty per cent of the total gross receipts of the permit
holder at the premises is applicable, the division of liquor
control may accept an affidavit from the permit holder to show
the proportion of the permit holder's gross receipts derived from the sale of
food and other goods and services. If the liquor control
commission determines such that affidavit to have been false, it
shall
revoke the permits of the permit holder at the premises
concerned. (F) The fee for the D-6 permit is two
hundred fifty dollars when it is issued to the holder of an
A-1-A, A-2, D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c,
D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-7 permit. The fee for
the D-6 permit is two hundred dollars when it is issued to the
holder of a C-2 permit. Sec. 4303.203. (A) As used in this section: (1) "Convention facility" and "nonprofit corporation" have the same
meanings as in section 4303.201 of the Revised Code. (2) "Hotel" means a hotel described in section 3731.01 of the
Revised Code that has at least fifty rooms for registered
transient guests and that is required to be licensed pursuant to section
3731.03 of the Revised Code. (B) An F-3 permit may be issued to an organization whose
primary purpose is to support, promote, and educate members of the beer,
wine, or mixed beverage industries, to allow the organization to bring beer,
wine, or mixed beverages in their original packages or containers into a
convention facility or hotel for consumption in the facility or hotel, if all
of the following requirements are met: (1) The superintendent of liquor control is satisfied that the
organization
is a nonprofit organization and that the organization's membership is in
excess
of two hundred fifty persons. (2) The general manager or the equivalent officer of the convention
facility
or hotel provides a written consent for the use of a portion of the facility
or
hotel by the organization and a written statement that the facility's or
hotel's permit privileges will be suspended in the portion of the facility or
hotel in which the F-3 permit is in force. (3) The organization provides a written description that clearly sets
forth the portion of the convention facility or hotel in which the
F-3 permit will be used. (4) The organization provides a written statement as to its primary
purpose and the purpose of its event at the convention facility or hotel. (5) Division (C) of this section does not apply. (C) No F-3 permit shall be issued to any nonprofit
organization that is created by or for a specific manufacturer, supplier,
distributor, or retailer of beer, wine, or mixed beverages. (D) Notwithstanding division (E) of section 4301.22 of
the Revised Code, a holder of an F-3 permit may
obtain by donation beer, wine, or mixed beverages from any manufacturer or
producer of beer, wine, or mixed beverages. (E) Nothing in this chapter prohibits the holder of an
F-3 permit from bringing into the portion of the convention facility
or hotel covered by the permit beer, wine, or mixed beverages otherwise not
approved for sale in this state. (F) Notwithstanding division (E) of section 4301.22 of
the Revised Code, no holder of an F-3 permit shall
make any charge for any beer, wine, or mixed beverage served by the drink, or
in its original package or container, in connection with the use of the
portion of the convention facility or hotel covered by the permit. (G) The division of liquor control shall prepare and make
available an F-3 permit application form and may require applicants
for the permit to provide information, in addition to that required by this
section, that is necessary for the administration of this section. (H) An F-3 permit shall be effective for a period not to
exceed five consecutive days. The division of liquor control shall not issue
more than three F-3 permits per calendar year to the same nonprofit
organization. The fee for an F-3 permit is one hundred fifty
dollars. Sec. 4303.35. No holders of A-1-A, C-1, C-2, D-1, D-2, D-3,
D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,
D-5h, D-5i, D-5j, or F, or F-3 permits shall
purchase any beer or malt
beverage
subject to the tax imposed by sections 4301.42 and 4305.01 of the
Revised Code or any wine or mixed beverage subject to the tax
imposed by section 4301.43 of the Revised Code for resale, except
from holders of A or B permits. No holders of A-1-A, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c,
D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, or D-5j
permits shall purchase
spirituous liquor for resale except from the division of liquor
control, unless with the special consent of the division under
particular regulations and markup provisions prescribed
by the superintendent of liquor control. SECTION 2 . That existing sections 4301.62, 4301.639, 4303.182, and 4303.35 of
the Revised Code are hereby repealed.
SECTION 3 . Section 4303.182 of the
Revised Code is presented in this act as a composite of the
section as amended by both Sub. H.B. 223 and Am. Sub. H.B. 283 of
the 123rd General Assembly, with the new language of neither of
the acts shown in capital letters.
This is in recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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