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H. B. No. 239 As IntroducedAs Introduced (CORRECTED VERSION)
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Schneider, Reidelbach, Brinkman, Faber, Seitz, Kearns, Flowers, Hood, Aslanides, Blessing, Bubp, Buehrer, Coley, Collier, Combs, Daniels, DeGeeter, Distel, Dolan, Domenick, Driehaus, Fessler, Garrison, Gibbs, Gilb, Hagan, Hoops, Kilbane, Latta, Law, Martin, McGregor, Oelslager, T. Patton, Raga, Raussen, Reinhard, Schaffer, Seaver, Setzer, G. Smith, Taylor, Trakas, Uecker, Wagner, Wagoner, Walcher, White, Widener, Widowfield, Willamowski, Wolpert
A BILL
To amend sections 124.85, 505.60, 505.601, 1343.03, and 5101.55; to amend, for the purpose of adopting a new section number as indicated in parentheses, sections 124.85 (9.04) and 1901.313 (1901.314); and to enact new section 1901.313 and sections 9.041, 9.901, 305.172, 306.481, 339.161, 351.081, 505.604, 1545.073, 1901.112, 1907.162, 3709.162, and 5101.551 of the Revised Code to prohibit the use of public funds or facilities for nontherapeutic abortions, proscribe public employees acting in the scope of their employment from performing or inducing a nontherapeutic abortion, and to declare that it is the public policy of the state to prefer childbirth over abortion to the extent that is constitutionally permissible.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 124.85, 505.60, 505.601, 1343.03, and 5101.55 be amended; that sections 124.85 (9.04) and 1901.313 (1901.314) be amended for the purpose of adopting a new section number as indicated in parentheses; and that new section 1901.313 and sections 9.041, 9.901, 305.172, 306.481, 339.161, 351.081, 505.604, 1545.073, 1901.112, 1907.162, 3709.162, and 5101.551 of the Revised Code be enacted to read as follows:
Sec. 124.85 9.04. (A) As used in this section: (1) "Nontherapeutic abortion" means an abortion that is
performed or induced when the life of the mother would not be endangered if
the fetus were carried to term or when the pregnancy of the mother was not the
result of rape or incest reported to a law enforcement agency. (2) "Policy, contract, or plan" means a policy, contract, or plan of one
or more insurance companies, medical care corporations, health care
corporations, health maintenance organizations, preferred
provider organizations, or other entities that
provides health, medical, hospital, or surgical coverage,
benefits, or services to elected or appointed officers or
employees of the state,
including or any political subdivision thereof. "Policy, contract, or plan" includes a plan that is associated with a self-insurance program and a
policy, contract, or plan that implements a collective bargaining agreement. (3) "Political subdivision" means any body corporate and politic that is responsible for governmental activities in a geographic area smaller than the state, except that "political subdivision" does not include any of the following:
(a) A municipal corporation;
(c) A county that has adopted a charter under Section 3 of Article X, Ohio Constitution, to the extent that it is exercising the powers of local self-government as provided in that charter and is subject to Section 3 of Article XVIII, Ohio Constitution.
(4) "State" has the same meaning as in section
2744.01 of the Revised Code means the state of Ohio, including, but not limited to, the general assembly, the supreme court, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, colleges and universities, institutions, and other instrumentalities of the state of Ohio. "State" does not include political subdivisions.
(B) Subject to division (C) of this section, but
notwithstanding other provisions of the
Revised Code that conflict with the
prohibition specified in this division, funds of the state or any political subdivision thereof
shall not be expended directly or indirectly to pay the costs, premiums, or
charges
associated with a policy, contract, or plan if the policy,
contract, or plan provides coverage, benefits, or services related to a
nontherapeutic abortion. (C) Division (B) of this section does not preclude the state or any political subdivision thereof from expending
funds to pay the costs,
premiums, or charges associated with a policy, contract, or plan
that includes a rider or other provision offered on an individual basis under
which an elected or appointed official or employee who accepts the offer of
the rider or provision may obtain coverage of a nontherapeutic abortion
through the policy, contract, or plan if the individual pays for all of the
costs, premiums, or charges associated with the rider or provision, including
all administrative expenses related to the rider or provision and any claim
made for a nontherapeutic abortion. (D) In addition to the laws specified in division (A) of section 4117.10 of
the Revised Code that prevail over conflicting provisions of agreements
between employee organizations and public employers, divisions (B) and (C) of
this section shall prevail over conflicting provisions of that nature.
Sec. 9.041. It is the public policy of the state of Ohio to prefer childbirth over abortion to the extent that is constitutionally permissible.
Sec. 9.901. (A) As used in this section: (1) "Policy, contract, or plan" means a policy, contract, or plan of one or more insurance companies, medical care corporations, health care corporations, health insurance corporations, health maintenance organizations, preferred provider organizations, or other entities that provide health, medical, hospital, or surgical coverage, benefits, or services to elected or appointed officers or employees of the state or a political subdivision thereof. "Policy, contract, or plan" includes a plan that is associated with a self-insurance program and a policy, contract, or plan that implements a collective bargaining agreement. (2) "Political subdivision" means any body corporate and politic that is responsible for governmental activities in a geographic area smaller than the state, except that "political subdivision" does not include any of the following:
(a) A municipal corporation; (c) A county that has adopted a charter under Section 3 of Article X, Ohio Constitution, to the extent that it is exercising the powers of local self-government as provided in that charter and is subject to Section 3 of Article XVIII, Ohio Constitution. (B) Except as provided in division (D) of this section, any policy, contract, or plan procured, contracted for, or paid for pursuant to section 9.90 of the Revised Code shall comply with section 9.04 of the Revised Code.
(C) Except as provided in division (D) of this section, any policy, contract, certificate, or agreement issued by at least two health insurance corporations procured pursuant to division (A)(1) of section 9.90 of the Revised Code shall comply with section 9.04 of the Revised Code. (D) Divisions (B) and (C) of this section do not apply to a policy, contract, or certificate procured pursuant to division (A)(1) of section 9.90 of the Revised Code by a municipal university.
Sec. 305.172. (A) As used in this section: (1) "Policy, contract, or plan" means a policy, contract, or plan of one or more insurance companies, medical care corporations, health care corporations, health insurance corporations, health maintenance organizations, preferred provider organizations, or other entities that provide health, medical, hospital, or surgical coverage, benefits, or services to elected or appointed officers or employees of the state or a political subdivision thereof. "Policy, contract, or plan" includes a plan that is associated with a self-insurance program and a policy, contract, or plan that implements a collective bargaining agreement. (2) "Political subdivision" means any body corporate and politic that is responsible for governmental activities in a geographic area smaller than the state, except that "political subdivision" does not include any of the following:
(a) A municipal corporation; (c) A county that has adopted a charter under Section 3 of Article X, Ohio Constitution, to the extent that it is exercising the powers of local self-government as provided in that charter and is subject to Section 3 of Article XVIII, Ohio Constitution. (B) Any policy, contract, or plan procured, contracted for, or paid for pursuant to section 305.171 of the Revised Code shall comply with section 9.04 of the Revised Code.
Sec. 306.481. (A) As used in this section: (1) "Policy, contract, or plan" means a policy, contract, or plan of one or more insurance companies, medical care corporations, health care corporations, health insurance corporations, health maintenance organizations, preferred provider organizations, or other entities that provide health, medical, hospital, or surgical coverage, benefits, or services to elected or appointed officers or employees of the state or a political subdivision thereof. "Policy, contract, or plan" includes a plan that is associated with a self-insurance program and a policy, contract, or plan that implements a collective bargaining agreement. (2) "Political subdivision" means any body corporate and politic that is responsible for governmental activities in a geographic area smaller than the state, except that "political subdivision" does not include any of the following:
(a) A municipal corporation; (c) A county that has adopted a charter under Section 3 of Article X, Ohio Constitution, to the extent that it is exercising the powers of local self-government as provided in that charter and is subject to Section 3 of Article XVIII, Ohio Constitution. (B) Any policy, contract, or plan procured, contracted for, or paid for pursuant to section 306.48 of the Revised Code shall comply with section 9.04 of the Revised Code.
Sec. 339.161. (A) As used in this section: (1) "Policy, contract, or plan" means a policy, contract, or plan of one or more insurance companies, medical care corporations, health care corporations, health insurance corporations, health maintenance organizations, preferred provider organizations, or other entities that provide health, medical, hospital, or surgical coverage, benefits, or services to elected or appointed officers or employees of the state or a political subdivision thereof. "Policy, contract, or plan" includes a plan that is associated with a self-insurance program and a policy, contract, or plan that implements a collective bargaining agreement. (2) "Political subdivision" means any body corporate and politic that is responsible for governmental activities in a geographic area smaller than the state, except that "political subdivision" does not include any of the following: (a) A municipal corporation;
(c) A county that has adopted a charter under Section 3 of Article X, Ohio Constitution, to the extent that it is exercising the powers of local self-government as provided in that charter and is subject to Section 3 of Article XVIII, Ohio Constitution. (B) Any policy, contract, or plan procured, contracted for, or paid for pursuant to section 339.16 of the Revised Code shall comply with section 9.04 of the Revised Code.
Sec. 351.081. (A) As used in this section: (1) "Policy, contract, or plan" means a policy, contract, or plan of one or more insurance companies, medical care corporations, health care corporations, health insurance corporations, health maintenance organizations, preferred provider organizations, or other entities that provide health, medical, hospital, or surgical coverage, benefits, or services to elected or appointed officers or employees of the state or a political subdivision thereof. "Policy, contract, or plan" includes a plan that is associated with a self-insurance program and a policy, contract, or plan that implements a collective bargaining agreement. (2) "Political subdivision" means any body corporate and politic that is responsible for governmental activities in a geographic area smaller than the state, except that "political subdivision" does not include any of the following: (a) A municipal corporation; (c) A county that has adopted a charter under Section 3 of Article X, Ohio Constitution, to the extent that it is exercising the powers of local self-government as provided in that charter and is subject to Section 3 of Article XVIII, Ohio Constitution. (B) Any policy, contract, or plan procured, contracted for, or paid for pursuant to section 351.08 of the Revised Code shall comply with section 9.04 of the Revised Code.
Sec. 505.60. (A) As provided in this section and section
505.601 of the Revised Code, the board of township trustees of any
township may procure and pay all or any part of the cost of
insurance policies that may provide benefits for hospitalization,
surgical care, major medical care, disability, dental care, eye
care, medical care, hearing aids, prescription drugs, or sickness
and accident insurance, or a combination of any of the foregoing
types of insurance for township officers and employees.
The board
of township trustees of any township may negotiate and contract
for the purchase of a policy of long-term care insurance for
township officers and employees pursuant to section 124.841 of the
Revised Code. (B) If the board procures any insurance
policies under this
section, the board shall
provide uniform coverage under these
policies for township
officers and full-time township employees
and their immediate
dependents, and may provide coverage under
these policies for
part-time township employees and their
immediate dependents, from
the funds or budgets from which the
officers or employees are
compensated for services, such policies
to be
issued by an insurance company duly authorized
to do
business in this state. Any township officer or employee
may
refuse to accept the insurance coverage without affecting the
availability of such insurance coverage to other township
officers
and employees. The board may also contract for group health
care services
with health insuring corporations
holding certificates of
authority under Chapter
1751. of the Revised Code
for township
officers and employees. If the board so contracts,
it shall
provide uniform coverage under any such contracts for
township
officers and full-time township employees and their
immediate
dependents and may provide coverage under such
contracts for
part-time township employees and their immediate
dependents,
provided that each officer and employee so covered is
permitted
to: (1) Choose between a plan offered by an insurance company
and a plan
offered by a health insuring corporation, and provided
further that the
officer or employee pays any amount by which the
cost of the
plan chosen
exceeds the cost of the plan offered by
the board under this
section; (2) Change the choice made under
division (B) of this
section
at a time each year as determined in advance by the board. An addition of a class or change of definition of coverage
to
the plan offered by the board may be made at any time that it
is
determined by the board to be in the best interest of the
township. If the total cost to the township of the revised plan
for any trustee's coverage does not exceed that cost under the
plan in effect during the prior policy year, the revision of the
plan does not cause an increase in that trustee's compensation. (C) If any township officer or employee is denied coverage
under
a health care plan procured under division (B) of this
section or if
any township officer or employee elects not to
participate in the township's
health care plan, the township
may
reimburse the officer or employee for each out-of-pocket premium
that the
officer or employee incurs for insurance
policies
described in division (A) of this section that the
officer or
employee otherwise obtains, but less any premium amounts paid for or attributable to coverage for nontherapeutic abortion. The reimbursement shall not to exceed an amount equal to
the average premium
paid by the township for its officers and
employees under policies it procures
under
division (B) of this
section.
(D) The board may provide the benefits authorized under this
section, without competitive bidding, by contributing to a health
and welfare trust fund administered through or in conjunction
with
a collective bargaining representative of the township
employees. The board may also provide the benefits described in this
section through an individual self-insurance program or a joint
self-insurance program as provided in section 9.833 of the
Revised
Code. (E) If a board of township trustees fails to pay one or
more
premiums for a policy, contract, or plan of insurance or
health
care services authorized by division (A) or (B) of this
section
and the failure causes a lapse, cancellation, or other
termination
of coverage under the policy, contract, or plan, it
may reimburse
a township officer or employee for, or pay on
behalf of the
officer or employee, any expenses incurred that
would have been
covered under the policy, contract, or plan. (F) As used in this section and
section 505.601 of the
Revised Code: (1) "Nontherapeutic abortion" means an abortion that is performed or induced when the life of the mother would not be endangered if the fetus were carried to term. (2) "Part-time township employee" means a township employee
who is
hired with the expectation that
the employee will work not
more than one thousand five hundred hours in any
year. (2)(3) "Premium" does not include any deductible or health care
costs paid directly by a township officer or employee.
Sec. 505.601. (A) If a board of township trustees does not procure an
insurance policy or group health care services as provided in section 505.60
of the Revised Code, the board of
township trustees may reimburse any township officer or employee for each
out-of-pocket premium that the officer or employee incurs for insurance
policies
described in division (A) of
section 505.60 of the Revised Code that the officer or
employee otherwise obtains, if all of the following conditions are met: (A)(1) The board of township trustees adopts a resolution that
states that the township has chosen not to procure a health care plan under
section 505.60 of the Revised Code and has chosen
instead to reimburse its officers and employees for each out-of-pocket
premium that they incur for insurance policies described in division
(A) of section 505.60 of the Revised Code that they
otherwise obtain.
(B)(2) That resolution provides for a uniform maximum monthly
or yearly payment amount for each officer or employee, beyond which the
township will not reimburse the officer or employee.
(C)(3) That resolution states the specific benefits listed in
division (A) of section 505.60 of the Revised Code for which the
township will reimburse all officers and employees of the township. The
(B) The
township may not reimburse officers and employees for benefits other than
those listed in division (A) of section 505.60 of the Revised Code.
(C) The reimbursement amount shall equal the premium paid for insurance policies authorized in division (A) of section 505.06 of the Revised Code, less any premium amounts paid for or attributable to coverage for nontherapeutic abortion.
Sec. 505.604. (A) As used in this section: (1) "Policy, contract, or plan" means a policy, contract, or plan of one or more insurance companies, medical care corporations, health care corporations, health insurance corporations, health maintenance organizations, preferred provider organizations, or other entities that provide health, medical, hospital, or surgical coverage, benefits, or services to elected or appointed officers or employees of the state or a political subdivision thereof. "Policy, contract, or plan" includes a plan that is associated with a self-insurance program and a policy, contract, or plan that implements a collective bargaining agreement. (2) "Political subdivision" means any body corporate and politic that is responsible for governmental activities in a geographic area smaller than the state, except that "political subdivision" does not include any of the following: (a) A municipal corporation;
(c) A county that has adopted a charter under Section 3 of Article X, Ohio Constitution, to the extent that it is exercising the powers of local self-government as provided in that charter and is subject to Section 3 of Article XVIII, Ohio Constitution. (B) Any policy, contract, or plan procured, contracted for, or paid for pursuant to section 505.60 of the Revised Code shall comply with section 9.04 of the Revised Code.
Sec. 1343.03. (A) In cases other than those provided for
in
sections 1343.01 and 1343.02 of the Revised Code, when money
becomes due and payable upon any bond, bill, note, or other
instrument of writing, upon any book account, upon any settlement
between parties, upon all verbal contracts entered into, and upon
all judgments, decrees, and orders of any judicial tribunal for
the payment of money arising out of tortious conduct or a
contract
or other transaction, the creditor is entitled to
interest at the
rate per annum determined pursuant to section 5703.47 of the Revised Code,
unless a written
contract provides a different rate
of interest
in
relation to the
money that becomes due and payable, in which
case
the creditor is
entitled to interest at the rate provided in
that
contract. Notification of the interest rate per annum shall be provided pursuant to sections 319.19, 1901.313 1901.314, 1907.202, 2303.25, and 5703.47 of the Revised Code. (B) Except as provided in divisions (C) and (D) of this
section and subject to section 2325.18 of the Revised Code, interest on a judgment, decree, or order for the payment
of money rendered in a civil action based on tortious conduct or a contract or other transaction,
including, but not limited to a civil action based on tortious
conduct or a contract or other transaction that has been settled by agreement of the parties, shall
be computed from the date the judgment, decree, or order is
rendered to the date on which the money is paid and shall be at the rate determined pursuant to section 5703.47 of the Revised Code that is in effect on the date the judgment, decree, or order is rendered. That rate shall remain in effect until the judgment, decree, or order is satisfied. (C)(1) If,
upon motion of any party to a civil
action that is based on tortious conduct, that has not been settled by agreement of the parties, and in which the court has rendered a judgment, decree, or order for the payment of money, the
court determines
at a hearing held subsequent to the
verdict or
decision in the action that the party required to pay
the money
failed to
make a good faith effort to settle the case
and that the
party to
whom the money is to be paid did not fail
to make a good
faith
effort to settle the case, interest on the judgment, decree, or order shall be computed as follows: (a) In an action in which the party required to pay the money has admitted liability in a pleading, from the date the cause of action accrued to the date on which the order, judgment, or decree was rendered; (b) In an action in which the party required to pay the money engaged in the conduct resulting in liability with the deliberate purpose of causing harm to the party to whom the money is to be paid, from the date the cause of action accrued to the date on which the order, judgment, or decree was rendered; (c) In all other actions, for the longer of the following periods: (i) From the date on which the party to whom the money is to be paid gave the first notice described in division (C)(1)(c)(i) of this section to the date on which the judgment, order, or decree was rendered. The period described in division (C)(1)(c)(i) of this section shall apply only if the party to whom the money is to be paid made a reasonable attempt to determine if the party required to pay had insurance coverage for liability for the tortious conduct and gave to the party required to pay and to any identified insurer, as nearly simultaneously as practicable, written notice in person or by certified mail that the cause of action had accrued.
(ii) From the date on which the party to whom the money is to be paid filed the pleading on which the judgment, decree, or order was based to the date on which the judgment, decree, or order was rendered.
(2) No court shall award interest under division (C)(1) of this section on future damages, as defined in section 2323.56 of the Revised Code, that are found by the trier of fact. (D) Division (B) of this section does not apply to a judgment, decree, or order rendered in a civil action based on tortious conduct or a contract or other transaction, and division (C) of this section does not apply to
a
judgment, decree, or order rendered in a civil action based on
tortious conduct, if a different period for computing interest on
it is specified by law, or if it is rendered in an action against
the state in the court of claims, or in an
action
under Chapter
4123. of the Revised Code.
Sec. 1545.073. (A) As used in this section: (1) "Policy, contract, or plan" means a policy, contract, or plan of one or more insurance companies, medical care corporations, health care corporations, health insurance corporations, health maintenance organizations, preferred provider organizations, or other entities that provide health, medical, hospital, or surgical coverage, benefits, or services to elected or appointed officers or employees of the state or a political subdivision thereof. "Policy, contract, or plan" includes a plan that is associated with a self-insurance program and a policy, contract, or plan that implements a collective bargaining agreement. (2) "Political subdivision" means any body corporate and politic that is responsible for governmental activities in a geographic area smaller than the state, except that "political subdivision" does not include any of the following:
(a) A municipal corporation;
(c) A county that has adopted a charter under Section 3 of Article X, Ohio Constitution, to the extent that it is exercising the powers of local self-government as provided in that charter and is subject to Section 3 of Article XVIII, Ohio Constitution. (B) Any policy, contract, or plan procured, contracted for, or paid for pursuant to section 1545.071 of the Revised Code shall comply with section 9.04 of the Revised Code.
Sec. 1901.112. (A) As used in this section: (1) "Policy, contract, or plan" means a policy, contract, or plan of one or more insurance companies, medical care corporations, health care corporations, health insurance corporations, health maintenance organizations, preferred provider organizations, or other entities that provide health, medical, hospital, or surgical coverage, benefits, or services to elected or appointed officers or employees of the state or a political subdivision thereof. "Policy, contract, or plan" includes a plan that is associated with a self-insurance program and a policy, contract, or plan that implements a collective bargaining agreement. (2) "Political subdivision" means any body corporate and politic that is responsible for governmental activities in a geographic area smaller than the state, except that "political subdivision" does not include any of the following:
(a) A municipal corporation;
(c) A county that has adopted a charter under Section 3 of Article X, Ohio Constitution, to the extent that it is exercising the powers of local self-government as provided in that charter and is subject to Section 3 of Article XVIII, Ohio Constitution. (B) Any policy, contract, or plan procured, contracted for, or paid for pursuant to section 1901.111 of the Revised Code shall comply with section 9.04 of the Revised Code.
Sec. 1901.313. (A) As used in this section: (1) "Policy, contract, or plan" means a policy, contract, or plan of one or more insurance companies, medical care corporations, health care corporations, health insurance corporations, health maintenance organizations, preferred provider organizations, or other entities that provide health, medical, hospital, or surgical coverage, benefits, or services to elected or appointed officers or employees of the state or a political subdivision thereof. "Policy, contract, or plan" includes a plan that is associated with a self-insurance program and a policy, contract, or plan that implements a collective bargaining agreement. (2) "Political subdivision" means any body corporate and politic that is responsible for governmental activities in a geographic area smaller than the state, except that "political subdivision" does not include any of the following:
(a) A municipal corporation; (c) A county that has adopted a charter under Section 3 of Article X, Ohio Constitution, to the extent that it is exercising the powers of local self-government as provided in that charter and is subject to Section 3 of Article XVIII, Ohio Constitution. (B) Any policy, contract, or plan procured, contracted for, or paid for pursuant to section 1901.312 of the Revised Code shall comply with section 9.04 of the Revised Code.
Sec. 1901.313 1901.314. Upon receiving the notification of the interest rate per annum from the county auditor pursuant to section 319.19 of the Revised Code, the clerk of a municipal court shall post or cause to be posted notice of that interest rate per annum in a conspicuous and public location in or near the office of the clerk of the court in the courthouse or building in which the municipal court is located.
Sec. 1907.162. (A) As used in this section: (1) "Policy, contract, or plan" means a policy, contract, or plan of one or more insurance companies, medical care corporations, health care corporations, health insurance corporations, health maintenance organizations, preferred provider organizations, or other entities that provide health, medical, hospital, or surgical coverage, benefits, or services to elected or appointed officers or employees of the state or a political subdivision thereof. "Policy, contract, or plan" includes a plan that is associated with a self-insurance program and a policy, contract, or plan that implements a collective bargaining agreement. (2) "Political subdivision" means any body corporate and politic that is responsible for governmental activities in a geographic area smaller than the state, except that "political subdivision" does not include any of the following: (a) A municipal corporation;
(c) A county that has adopted a charter under Section 3 of Article X, Ohio Constitution, to the extent that it is exercising the powers of local self-government as provided in that charter and is subject to Section 3 of Article XVIII, Ohio Constitution. (B) Any policy, contract, or plan procured, contracted for, or paid for pursuant to section 1907.161 of the Revised Code shall comply with section 9.04 of the Revised Code.
Sec. 3709.162. (A) As used in this section: (1) "Policy, contract, or plan" means a policy, contract, or plan of one or more insurance companies, medical care corporations, health care corporations, health insurance corporations, health maintenance organizations, preferred provider organizations, or other entities that provide health, medical, hospital, or surgical coverage, benefits, or services to elected or appointed officers or employees of the state or a political subdivision thereof. "Policy, contract, or plan" includes a plan that is associated with a self-insurance program and a policy, contract, or plan that implements a collective bargaining agreement. (2) "Political subdivision" means any body corporate and politic that is responsible for governmental activities in a geographic area smaller than the state, except that "political subdivision" does not include any of the following:
(a) A municipal corporation; (c) A county that has adopted a charter under Section 3 of Article X, Ohio Constitution, to the extent that it is exercising the powers of local self-government as provided in that charter and is subject to Section 3 of Article XVIII, Ohio Constitution. (B) Any policy, contract, or plan procured, contracted for, or paid for pursuant to section 3709.16 of the Revised Code shall comply with section 9.04 of the Revised Code.
Sec. 5101.55. (A) No person shall be ordered by a public agency or any
person
to submit to an abortion. (B) The refusal of any person to submit to an abortion or to give consent
therefor shall not result in the loss of public assistance benefits or any
other rights or privileges. (C) State Except as provided in division (D) of this section, state or local public funds shall not be used to subsidize an abortion,
unless the abortion is necessary to preserve the life or physical or mental
health of the pregnant woman and this fact is certified in writing by the
performing physician to the state or local agency providing the funds. (D) State or local public funds may be used to subsidize an abortion if all of the following apply: (1) The pregnancy is the result of rape or incest.
(2) The federal government requires funding for the abortion as a requirement for participation in a federal program.
(3) Federal funds are provided for part of the cost of the abortion. (4) Unless enforcement of this requirement would adversely affect eligibility for federal funding, one of the following is the case:
(a) The pregnant woman, her legal guardian, or the person who reported the rape or incest to the law enforcement agency provides written certification to the entity providing the funding that a report of the rape or incest was filed before performance of the abortion with a law enforcement agency having jurisdiction. (b) The physician performing the abortion provides written certification to the entity providing the funding that the pregnant woman was physically unable to comply with division (D)(4)(a) of this section.
Sec. 5101.551. (A) As used in this section: (1) "Political subdivision" means any body corporate and politic that is responsible for governmental activities in a geographic area smaller than the state, except that "political subdivision" does not include either of the following:
(a) A municipal corporation;
(b) A county that has adopted a charter under Section 3 of Article X, Ohio Constitution, to the extent that it is exercising the powers of local self-government as provided in that charter and is subject to Section 3 of Article XVIII, Ohio Constitution.
(2) "Public employee" means any person employed by this state or any agency, institution, instrumentality, or political subdivision thereof. "Public employee" includes an employee of any state university, state medical college, health district, joint hospital, or public hospital agency.
(3) "Public facility" means any institution, structure, equipment, or physical asset that is owned, leased, or controlled by this state or any agency, institution, instrumentality, or political subdivision thereof. "Public facility" includes any state university, state medical college, health district, joint hospital, or public hospital agency.
(B) No public facility shall be used for the purpose of performing or inducing an abortion, unless the abortion is necessary to preserve the life of the pregnant woman. (C) No public employee within the scope of employment shall perform or induce an abortion, unless the abortion is necessary to preserve the life of the pregnant woman.
Section 2. That existing sections 124.85, 505.60, 505.601, 1343.03, 1901.313, and 5101.55 of the Revised Code are hereby repealed.
Section 3. The amendments to sections 124.85 (9.04), 505.60, and 505.601 of the Revised Code and the enactment of new section 1901.313 and sections 9.901, 305.172, 306.481, 339.161, 351.081, 505.604, 1545.073, 1901.112, 1907.162, and 3709.162 of the Revised Code apply to policies, contracts, and plans that are issued, established, renewed, modified, or subject to a period of open enrollment on or after the effective date of this act.
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