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Sub. S. B. No. 124 As Reported by the House Civil and Commercial Law Committee
As Reported by the House Civil and Commercial Law Committee
126th General Assembly | Regular Session | 2005-2006 |
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Senators Spada, Harris
Representatives Seitz, Willamowski
A BILL
To amend sections 101.23, 101.82, 101.83, 101.84, 101.85, 101.86, 122.011, 122.40, 123.151, 149.56, 307.674, 340.02, 1501.04, 1502.04, 1502.05, 1502.11, 1502.12, 1506.30, 1506.34, 1506.35, 1517.02, 1517.23, 1518.01, 1518.03, 1551.35, 2323.44, 3358.10, 3375.61, 3375.62, 3383.01, 3383.02, 3383.03, 3383.04, 3383.05, 3383.06, 3383.07, 3383.08, 3383.09, 3746.09, 3746.35, 3747.02, 3748.01, 3748.02, 3748.04, 3748.05, 3748.16, 3929.482, 3929.85, 3931.01, 3955.05, 3960.06, 4117.01, 4121.442, 4167.09, 4167.25, 4167.27, 4731.143, 4741.03, 4755.481, 4981.03, 5123.35, and 5123.352 of the Revised Code, to amend Section 4 of Am. Sub. H.B. 516 of the 125th General Assembly, and to repeal Section 8 of Am. S.B. 80 of the 125th General Assembly to exempt ten state governmental entities from the operation of the Sunset Review Law, to change the membership of the Ohio Subrogation Rights Commission and accelerate its commencement date, to confirm the sunset review and related amendments, enactments, and repeals of Am. Sub. H.B. 516 of the 125th General Assembly, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That sections 101.23, 101.82, 101.83, 101.84, 101.85, 101.86, 122.011, 122.40, 123.151, 149.56, 307.674, 340.02, 1501.04, 1502.04, 1502.05, 1502.11, 1502.12, 1506.30, 1506.34, 1506.35, 1517.02, 1517.23, 1518.01, 1518.03, 1551.35, 2323.44, 3358.10, 3375.61, 3375.62, 3383.01, 3383.02, 3383.03, 3383.04, 3383.05, 3383.06, 3383.07, 3383.08, 3383.09, 3746.09, 3746.35, 3747.02, 3748.01, 3748.02, 3748.04, 3748.05, 3748.16, 3929.482, 3929.85, 3931.01, 3955.05, 3960.06, 4117.01, 4121.442, 4167.09, 4167.25, 4167.27, 4731.143, 4741.03, 4755.481, 4981.03, 5123.35, and 5123.352 of the Revised Code be amended to read as follows:
Sec. 101.23. The oath of office of senators and representatives;; the
president and president pro tempore of the senate;; the speaker and
speaker pro tempore of the house of
representatives;; the clerk of the senate,
the chief administrative officer and the
clerk of the house of representatives, and their assistants;; and
the sergeant at arms and assistant sergeant at arms of each
house may be administered by a member, by a former presiding officer of either house of the general assembly, by a former presiding officer of either house of the general assembly, or by a person authorized to
administer oaths.
Sec. 101.82. As used in sections 101.82 to 101.87 of the
Revised Code: (A)
"Agency" means any board, commission, committee, or
council, or any other similar state public body required to be
established pursuant to state
statutes for the exercise of any
function of state government and to
which members are appointed or
elected.
"Agency" does not include the following: (1) The general assembly, or any commission, committee, or
other
body composed entirely of members of the general assembly; (3) Any public body created by or directly pursuant to the
constitution of this state; (4) The board of trustees of any institution of higher
education financially supported in whole or in part by the state; (5) Any public body that has the authority to issue bonds
or
notes or that has issued bonds or notes that have not been
fully
repaid; (6) The public utilities commission of Ohio; (7) The consumers' council governing board; (8) The Ohio board of regents; (9) Any state board or commission that has the authority
to
issue any final adjudicatory order that may be appealed to the
court of common pleas under Chapter 119. of the Revised Code; (10) Any board of elections; (11) The board of directors of the Ohio insurance
guaranty
association and the board of governors of the Ohio fair plan
underwriting association; (12) The Ohio public employees deferred compensation board; (13) The Ohio retirement study council; (14) The board of trustees of the Ohio police and fire
pension
fund, public employees retirement board, school employees
retirement board,
state highway patrol retirement board, and state
teachers retirement
board; (15) The industrial commission; (17) The board of tax appeals; (18) The controlling board; (19) The release authority of department of youth services; (20) The environmental review appeals commission; (21) The Ohio ethics commission; (22) The Ohio public works commission; (23) The self-insuring employers evaluation board; (24) The state board of deposit; (25) The state employment relations board. (B)
"Abolish" means to repeal the statutes creating and
empowering an agency, remove its personnel, and transfer its
records to the department of administrative services pursuant to
division (E) of section 149.331 of the Revised Code. (C)
"Terminate" means to amend or repeal the statutes
creating and empowering an agency, remove its personnel, and
reassign its functions and records to another agency or officer
designated by the general assembly. (D)
"Transfer" means to amend the statutes creating and
empowering an agency so that its functions, records, and
personnel
are conveyed to another agency or officer. (E)
"Renew" means to continue an agency, and may include
amendment of the statutes creating and empowering the agency, or
recommendations for changes in agency operation or personnel. Sec. 101.83. (A) An agency in existence on January 1,
2005 2005, shall expire on December 31, 2010 2010,
unless the agency is
renewed in accordance with division (D) of this
section and, if so
renewed, shall expire thereafter on the thirty-first
day
of
December of the
fourth year after the year in which it was most
recently renewed
unless the agency is renewed in accordance with
division (D) of
this section. An agency created after January 1,
2005 2005,
that is
created on the thirty-first day of December shall
expire not
later than four years after its creation, unless the
agency is
renewed in accordance with
division (D) of this section.
An agency created
after January 1, 2005 2005, that is created on any
other date
shall be
considered for the purpose of this section to
have been created
on the preceding thirty-first day of December,
and the agency
shall expire
not later than four years after the
date it was considered to
have been created, unless the agency is
renewed in accordance with
division (D) of this section. Any act
creating or renewing an
agency shall
contain a distinct section
providing a specific expiration date
for the agency in accordance
with this division. (B) If the general assembly does not renew or transfer an
agency on or before its expiration date, it shall expire on that
date. The auditor of state shall not authorize the expenditure of
any moneys for any agency on or after the date of its expiration. (C) The general assembly may provide by law for the
orderly,
efficient, and expeditious conclusion of an agency's
business and
operation. The rules, orders, licenses, contracts,
and other
actions made, taken, granted, or performed by the
agency shall
continue in effect according to their terms
notwithstanding the
agency's abolition, unless the general
assembly provides otherwise
by law. The general assembly may
provide by law for the temporary
or permanent transfer of some or
all of a terminated or
transferred agency's functions and
personnel to a successor agency
or officer. The abolition, termination, or transfer of an agency shall
not cause the termination or dismissal of any claim pending
against the agency by any person, or any claim pending against
any
person by the agency. Unless the general assembly provides
otherwise by law for the substitution of parties, the
attorney
general shall succeed the agency with reference to any pending
claim. (D) An agency may be renewed by passage of a bill
that
continues the statutes creating and empowering
the agency, that
amends or repeals those statutes, or
that enacts new statutes,
to
improve agency usefulness, performance, or effectiveness.
Sec. 101.84. (A) There is hereby created the sunset review
committee, to be composed of nine members and function in calendar years 2009 and 2010 and function in calendar years 2009 and 2010. The president of the
senate shall
appoint three members of the senate to the committee,
not more than two of
whom shall be members of the same political
party. The speaker of the house
of representatives shall appoint
three members of the house of representatives
to the committee,
not more than two of whom shall be members of the same
political
party. The governor, with the advice and consent of the senate,
shall appoint three members to the committee, not more than two of
whom shall
be members of the same political party. Members shall
be appointed within
fifteen days after the commencement of the
first regular session of the 128th the 128th
general assembly. (B) Each member of the committee who is appointed by the
president of the senate or the speaker of the house of
representatives shall
serve during during that committee member's
term of office term of office or until that
committee member no longer is
a member of the senate or the house of
representatives, whichever
is applicable. Each member of the committee who is
appointed by
the governor shall serve a two-year term that ends on the
thirty-first day of December in 2010 in 2010. A
vacancy
on the committee shall be filled in the same manner as the
original
appointment. In the first regular session of the 128th the 128th general assembly, the
chairperson of the
committee shall be a member of the house of
representatives, and the
vice-chairperson of the committee shall
be a member of the senate. In the
second regular session of the 128th
128th general assembly, the chairperson of the
committee shall be a
member of the senate, and the vice-chairperson of the
committee
shall be a member of the house of representatives. Members of the committee shall receive no compensation, but
shall be
reimbursed for their necessary expenses incurred in the
performance of their
official duties. (C) The committee shall meet not later than thirty days
after the
first day of the first regular session of the 128th 128th general
assembly to choose a
chairperson and to commence establishment of
the schedule for agency review
provided for in section 101.85
of
the Revised Code or perform other committee duties under sections
101.82 to 101.87 of the Revised Code.
Five members of the
committee shall constitute a quorum for the conduct of
committee
business.
Sec. 101.85. (A) The sunset review committee, not later
than
sixty days after its first meeting in 2009 2009, shall schedule
for review each
agency in existence on
January 1, 2009 2009. The
committee, by a unanimous vote, also may
schedule for review any
state board or commission described in division
(A)(9) of section
101.82 of the Revised Code that is in existence on that date, and
any board or commission so scheduled shall be considered an agency
for
purposes of sections 101.82 to 101.87 of the Revised Code. (B) The chairperson of the committee shall send a copy of
the
schedule for review of agencies for calendar year 2009 and calendar year 2010 2009 and calendar year 2010 to each
of the agencies
scheduled for review during that year and to the
director of the legislative
service commission. The director
shall publish a copy of the schedule in the
Ohio Administrative
Code and in the register of
Ohio created under section 103.051 of
the Revised Code. The commission shall
provide the committee with
a list of agencies, and state boards and
commissions described in
division (A)(9) of section 101.82 of the Revised Code, in
existence on January 1, 2009 2009, to assist the committee in
identifying
agencies and exercising its duties under sections
101.82 to 101.87 of the Revised Code with
respect to those
agencies.
Sec. 101.86. (A) Not later than six six months prior to the
date
on which an agency in existence on January 1, 2009 2009, is
scheduled to
expire under division (A) of section 101.83 of the
Revised Code, the sunset review
committee shall hold hearings to
receive the testimony of the public and of
the chief executive
officer of each agency scheduled for review and otherwise
shall
consider and evaluate the usefulness, performance, and
effectiveness of
the agency. (B) Each agency that is scheduled for review shall submit to
the
committee a report that contains all of the following
information: (1) The agency's primary purpose and its various goals and
objectives; (2) The agency's past and anticipated workload, the number
of staff
required to complete that workload, and the agency's
total number of staff; (3) The agency's past and anticipated budgets and its
sources of funding; (4) The number of members of its governing board or other governing governing
entity and their
compensation, if any. (C) Each agency shall have the burden of demonstrating to
the
committee a public need for its continued existence. In
determining whether
an agency has demonstrated that need, the
committee shall consider all of the
following: (1) The extent to which the agency has permitted qualified
applicants to
serve the public; (2) The cost-effectiveness of the agency in terms of number
of employees,
services rendered, and administrative costs
incurred, both past and present; (3) The extent to which the agency has operated in the
public interest,
and whether its operation has been impeded or
enhanced by existing statutes
and procedures and by budgetary,
resource, and personnel practices; (4) Whether the agency has recommended statutory changes to
the general
assembly that would benefit the public as opposed to
the persons regulated by
the agency, if any, and whether its
recommendations and other policies have
been adopted and
implemented; (5) Whether the agency has required any persons it regulates
to report to
it the impact of agency rules and decisions on the
public as they affect
service costs and service delivery; (6) Whether persons regulated by the agency, if any, have
been required to
assess problems in their business operations that
affect the public; (7) Whether the agency has encouraged public participation
in its
rule-making and decision-making; (8) The efficiency with which formal public complaints filed
with the
agency have been processed to completion; (9) Whether the programs or services of the agency duplicate
or overlap
those of other agencies; (10) Whether the purpose for which the agency was created
has been
fulfilled, has changed, or no longer exists; (11) Whether federal law requires that the agency be renewed
in some form; (12) Changes needed in the enabling laws of the agency in
order for it to
comply with the criteria suggested by the
considerations listed in divisions
(C)(1) to (11) of this section. (D) In its initial review of each agency, the committee,
whenever
possible, shall realign agency titles to conform to the
following
descriptions: (1) Commission: an administrative appeals or hearing
agency; (2) Authority: an agency empowered to issue bonds or notes; (3) Board: an agency having a licensing function only; (4) Council: an advisory body to a major agency or
department; (5) Committee: an advisory body to a minor agency or
department.
Sec. 122.011. (A) The department of development shall
develop and promote plans and programs designed to assure that
state resources are efficiently used, economic growth is properly
balanced, community growth is developed in an orderly manner, and
local governments are coordinated with each other and the state,
and for such purposes may do all of the following: (1) Serve as a clearinghouse for information, data, and
other materials that may be helpful or necessary to persons or
local governments, as provided in section 122.07 of the Revised
Code; (2) Prepare and activate plans for the retention,
development, expansion, and use of the resources and commerce of
the state, as provided in section 122.04 of the Revised Code; (3) Assist and cooperate with federal, state, and local
governments and agencies of federal, state, and local
governments
in the coordination of programs to carry out the functions and
duties of the department; (4) Encourage and foster research and development
activities, conduct studies related to the solution of community
problems, and develop recommendations for administrative or
legislative actions, as provided in section 122.03 of the Revised
Code; (5) Serve as the economic and community development
planning
agency, which shall prepare and recommend plans and
programs for
the orderly growth and development of this state and
which shall
provide planning assistance, as provided in section
122.06 of the
Revised Code; (6) Cooperate with and provide technical assistance to
state
departments, political subdivisions, regional and local
planning
commissions, tourist associations, councils of
government,
community development groups, community action
agencies, and other
appropriate organizations for carrying out the
functions and
duties of the department or for the solution of
community
problems; (7) Coordinate the activities of state agencies that have
an
impact on carrying out the functions and duties of the
department; (8) Encourage and assist the efforts of and cooperate with
local governments to develop mutual and cooperative solutions to
their common problems that relate to carrying out the purposes of
this section; (9) Study existing structure, operations, and financing of
regional or local government and those state activities that
involve significant relations with regional or local governmental
units, recommend to the governor and to the general assembly such
changes in these provisions and activities as will improve the
operations of regional or local government, and conduct other
studies of legal provisions that affect problems related to
carrying out the purposes of this section; (10) Create and operate a division of community development
to develop and
administer programs and activities that are
authorized by federal statute or
the Revised Code; (11)(11) Until October 15, 2005,
establish fees and charges, in
consultation with the
director of agriculture, for purchasing
loans from financial institutions and
providing loan guarantees
under the family farm
loan program created under sections 901.80
to 901.83 of the Revised Code;
(12)(12) Provide loan servicing for the loans purchased and
loan
guarantees
provided
under section 901.80 of the Revised Code
as
that section
existed prior to October 15, 2005;
(13)(13) Until October 15, 2005,
and upon approval by the
controlling board under division
(A)(3) of section 901.82 of the
Revised
Code of the release of money to
be used for purchasing a
loan or providing a loan guarantee, request the
release of
that
money in accordance with division
(B) of section 166.03 of the
Revised
Code for use for the purposes
of the fund created by
section 166.031 of the
Revised Code.
(B)
The director of development may request the attorney
general
to, and the attorney general, in accordance with section
109.02 of the Revised Code, shall
bring a civil action in any
court of competent jurisdiction. The director may
be sued in the
director's official capacity, in connection with this chapter,
in
accordance with Chapter 2743. of the Revised Code.
Sec. 122.40. (A) There is hereby created the development
financing advisory council to assist in carrying out the programs
created pursuant to sections 122.39 to 122.62 and Chapter 166. of
the Revised Code. (B) The council shall consist of seven members appointed
by the governor,, with the advice and consent of the senate, who are, who are
selected for their knowledge of and experience in economic
development financing, one member of the senate appointed by the
president of the senate, one member of the house of
representatives appointed by the speaker of the house of
representatives, and the director of development or the director's designee, and the director of development or the director's designee. With respect to the
council: (1) No more than four members of the council appointed by
the governor shall be members of the same political party. (2) Each member shall hold office from the date of the member's
appointment until the end of the term for which the member
was appointed. (3) The terms of office for the seven members appointed by
the governor shall be for five five years commencing on the first day
of January and ending on the thirty-first day of December. The seven members appointed by the governor who are serving terms of office of seven years on the effective date of this amendment shall continue to serve those terms, but their successors in office, including the filling of a vacancy occurring prior to the expiration of those terms, shall be appointed for terms of five years in accordance with this division. The seven members appointed by the governor who are serving terms of office of seven years on December 30, 2004, shall continue to serve those terms, but their successors in office, including the filling of a vacancy occurring prior to the expiration of those terms, shall be appointed for terms of five years in accordance with this division. (4) Any member of the council is eligible for
reappointment. (5) As a term of a member of the council appointed by the
governor expires, the governor shall appoint a successor with the
advice and consent of the senate. (6) Except as otherwise provided in division (B)(3) of this section, any Except as otherwise provided in division (B)(3) of this section, any member appointed to fill a vacancy occurring prior
to the expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of the
predecessor's term. (7) Any member shall continue in office subsequent to the
expiration date of the member's term until the
member's successor takes office, or
until a period of sixty days has elapsed, whichever occurs first. (8) Before entering upon duties as a member of the council,
each member shall
take an oath provided by Section 7 of Article XV, Ohio
Constitution. (9) The governor may, at any time, remove any nonlegislative member
pursuant to section 3.04 of the Revised Code. (10) Members of the council, notwithstanding section
101.26
of the Revised Code with respect to members who are members of
the general assembly, shall receive their necessary and actual
expenses while engaged in the business of the council and
shall be
paid at the per diem rate of step 1, pay range 31, of section
124.15 of the Revised Code. (11) Four Four members of the council constitute a quorum. (12) In the event of the absence of a member appointed by
the president of the senate or by the speaker of the house of
representatives, the following persons may serve in the member's
absence: the president of the senate or the speaker of the
house, as the case may be, or a member of the senate or of the
house of representatives, of the same political party as the
development financing advisory council member, designated
by the
president of the senate of the senate or the speaker of the house.
Sec. 123.151. (A) As used in this section, "minority
business enterprise" has the same same meaning as as in division (E)(1) of
section 122.71 of the Revised Code. (B)(1) The director of administrative services shall make
rules in accordance with Chapter 119. of the Revised Code
establishing procedures by which minority businesses may apply to
the equal employment opportunity coordinator for certification as
minority business enterprises. (2) The coordinator shall approve
the application of any minority business enterprise that complies
with the rules adopted under this division. Any person adversely
affected by an order of the coordinator denying certification as
a minority business enterprise may appeal as provided in Chapter
119. of the Revised Code. The coordinator shall prepare and
maintain a list of certified minority business enterprises. (C) The department of administrative services, every other
state agency authorized to enter into contracts for construction
or contracts for purchases of equipment, materials, supplies,
insurance, or services, and every port authority
shall file a report every ninety days with the equal employment
opportunity coordinator. The report shall be filed at a time and
in a form prescribed by the coordinator. The report shall
include the name of each minority business enterprise that the
agency or port authority entered into a contract with during the
preceding ninety-day period and the total value and type of each
such contract. No later than thirty days after the end of each
fiscal year, the coordinator shall notify in writing each state
agency and port authority that has not complied with the
reporting requirements of this division for the prior fiscal
year. A copy of this notification regarding a state agency shall
be submitted to the director of budget and management. No later
than thirty days after the notification, the agency or port
authority shall submit to the coordinator the information
necessary to comply with the reporting requirements of this
division. If If, after the expiration of this thirty-day period,
a state a state agency has not complied with the reporting requirements of
this division, the coordinator shall certify to the director of
budget and management that the agency has not complied with the
reporting requirements. A copy of this
certification shall be submitted to the agency. Thereafter, no
funds of the agency
shall be expended during the fiscal year for construction or
purchases of equipment, materials, supplies, contracts of
insurance, or services until the coordinator certifies to the
director of budget and management that the agency has complied
with the reporting requirements of this division for the prior
fiscal year.
If any port authority has not complied with the reporting
requirement after the expiration of the thirty-day period, the
coordinator shall certify to the speaker of the house of
representatives and the president of the senate that the port
authority has not complied with the reporting requirements of
this division. A copy of this certification shall be submitted
to the port authority. Upon receipt of the certification, the
speaker of the house of representatives and the president of the
senate shall take such action or make such recommendations to the
members of the general assembly as they consider necessary to
correct the situation.
Sec. 149.56. (A) As used in this section, "abandoned
property" has the same meaning as in section 1506.30 of the
Revised Code. (B) The Ohio historical society shall establish a program
to locate, identify, and evaluate abandoned property and other
resources in Lake Erie. The society, in accordance with the
authority granted under section 149.30 of the Revised Code, may
list any abandoned property it finds to have historical
significance on its Ohio archaeological inventory or Ohio
historical inventory as the director of the society considers
appropriate. In determining whether an item has historical
significance, the director shall follow the criteria of the
national register of historic places established in 36 C.F.R. 60.
The director shall notify the director of natural resources of
any abandoned property found to have historical significance.
The society may use the services of volunteers to locate,
identify, and evaluate abandoned property in Lake Erie. The
director shall approve any volunteer programs and may recruit,
train, and supervise the services of volunteers. (C) The moneys credited to the Ohio historical society
under division (C) of section 1506.35 of the Revised Code and any
appropriations, contributions, gifts, and federal grants made to
the Ohio historical society for the purposes of this section and
the applicable provisions of sections 1506.30 to 1506.36 1506.36 of the
Revised Code shall be placed in a separate fund within the
accounts of the Ohio historical society, together with moneys
credited to that fund under divisions (D)(2) and (3) of section
1506.33 of the Revised Code, to be used solely to implement and
administer this section and the duties assigned the society under
sections 1506.30 to 1506.36 1506.36 of the Revised Code.
Sec. 307.674. (A) As used in this section: (a) Revenue bonds of the port authority described in
division
(B)(2)(a) of this section; (b) Securities as defined in division (KK) of section
133.01
of the Revised Code issued by the host municipal corporation,
described in
division
(B)(3)(a) of this section; (c) Any bonds issued to refund any of those revenue bonds or
securities. (2)
"Corporation" means a nonprofit corporation that is
organized under
the laws of this state and that includes within
the purposes for which it is
incorporated the authorization to
lease and operate facilities such as a port
authority educational
and cultural performing arts facility. (3)
"Cost," as applied to a port authority educational and
cultural
performing arts facility, means the cost of acquiring,
constructing,
renovating, rehabilitating, equipping, or improving
the facility, or any
combination of those purposes, collectively
referred to in this section as
"construction," and the cost of
acquisition of all land, rights of way,
property rights,
easements, franchise rights, and interests required for those
purposes, the cost of demolishing or removing any buildings or
structures on
land so acquired, including the cost of acquiring
any land to which those
buildings or structures may be moved, the
cost of public utility and common
carrier relocation or
duplication, the cost of all machinery, furnishings, and
equipment, financing charges, interest prior to and during
construction and
for not more than three years after completion of
construction, costs arising
under guaranty agreements,
reimbursement agreements, or other credit
enhancement
agreements
relating
to bonds, engineering, expenses of research and
development with respect to
such facility, legal expenses, plans,
specifications, surveys, studies,
estimates of costs and revenues,
other expenses necessary or incident to
determining the
feasibility or practicability of acquiring or constructing the
facility, administrative expense, and other expenses as may be
necessary or
incident to that acquisition or construction and the
financing of such
acquisition or construction, including, with
respect to the revenue bonds of a
port authority, amounts to be
paid into any special funds from the proceeds of
those bonds, and
repayments to the port authority, host county, host municipal
corporation, or corporation of any amounts advanced for the
foregoing
purposes. (4)
"Debt service charges" means, for any period or payable
at any time,
the principal of and interest and any premium due on
bonds for that period or
payable at that time whether due at
maturity or upon mandatory redemption,
together with any required
deposits to reserves for the payment of principal
of and interest
on those bonds, and includes any payments required by the port
authority to satisfy any of its obligations under or arising from
any guaranty
agreements, reimbursement agreements, or other credit
enhancement agreements
described in division (C) of this section. (5)
"Host county" means the county within the boundaries of
which the port
authority educational and cultural performing arts
facility is or will be
located. (6)
"Host municipal corporation" means the municipal
corporation within
the boundaries of which the port authority
educational and cultural performing
arts facility is or will be
located. (7)
"Port authority" means a port authority created pursuant
to section
4582.22 of the Revised Code. (8)
"Port authority educational and cultural performing arts
facility"
means a facility that consists of a center for music or
other performing arts,
a theater or other facilities to provide
programs of an educational,
recreational, or cultural nature, or
any combination of those purposes as
determined by the parties to
the cooperative agreement for which provision is
made in division
(B) of this section to fulfill the public
educational,
recreational, and cultural purposes set forth therein, together
with all parking facilities, walkways, and other auxiliary
facilities, real
and personal property, property rights,
easements, and interests that may be
appropriate for, or used in
connection with, the operation of the facility. (B) A host county, a host municipal corporation, and a port
authority may enter into a cooperative agreement with a
corporation under
which, as further provided for in that
agreement: (1) The host county may agree to do any or all of the
following: (a) Levy and collect a tax under division (E) and
division
(F) of section
5739.09 of the Revised Code for the
purposes, and
in an amount sufficient for those
purposes,
described in divisions
(B)(1)(b) and
(c) of this section; (b) Pay to the port authority all or such portion as
provided for
in the cooperative agreement of the revenue from the
tax, together with any
investment earnings on that revenue, to be
used to pay a portion of the costs
of acquiring, constructing,
renovating, rehabilitating, equipping, or
improving the port
authority educational and cultural performing arts
facility; (c) Pledge and pay to the corporation all or such portion as
provided for in the cooperative agreement of the revenue from the
tax,
together with any investment earnings on that revenue, to be
used to pay a
portion of the costs to the corporation of leasing
the port authority
educational and cultural performing arts
facility from the port authority. (2) The port authority may agree to do any or all of the
following: (a) Issue its revenue bonds pursuant to section 4582.48 of
the Revised Code for
the purpose of paying all or a portion of the
costs of the port authority
educational and cultural performing
arts facility; (b) Acquire, construct, renovate, rehabilitate, equip, and
improve the port authority educational and cultural performing
arts facility; (c) Lease the port authority educational and cultural
performing
arts facility to the corporation; (d) To the extent provided for in the cooperative agreement
or
the lease to the corporation, authorize the corporation to
administer on
behalf of the port authority the contracts for
acquiring, constructing,
renovating, rehabilitating, or equipping
the port authority educational and
cultural performing arts
facility; (e) Use the revenue derived from the lease of the port
authority
educational and cultural performing arts facility to the
corporation solely to
pay debt service charges on revenue bonds of
the port authority issued
pursuant to division (B)(2)(a) of this
section and to
pay its obligations under or arising from any
guaranty agreements,
reimbursement agreements, or other credit
enhancement agreements provided for
in this section. (3) The host municipal corporation may agree to do either or
both of the
following: (a) Issue its bonds for the purpose of
paying all or a
portion of the costs of the port authority educational and
cultural performing arts facility, and pay the proceeds from the
issuance to
the port authority for that purpose; (b) Enter into a guaranty agreement, a reimbursement
agreement, or
other credit enhancement agreement with the port
authority to provide a
guaranty or other credit enhancement of the
port authority revenue bonds
referred to in division (B)(2)(a) of
this section
pledging
taxes, other than ad valorem property taxes,
or other revenues for the purpose
of providing the funds required
to satisfy the host municipal corporation's
obligations under that
agreement. The cooperative
agreement may provide
that the proceeds
of
such securities or of such guaranty agreement, reimbursement
agreement, or
other credit enhancement agreement be deposited with
and administered by the
trustee
pursuant
to the trust agreement
authorized in division (C) of this section. (4) The corporation may agree to do any or all of the
following: (a) Lease the port authority educational and cultural
performing
arts facility from the port authority; (b) Operate and maintain the port authority educational and
cultural performing arts facility pursuant to the lease; (c) To the extent provided for in the cooperative agreement
or
the lease from the port authority, administer on behalf of the
port authority
the contracts for acquiring, constructing,
renovating, rehabilitating, or
equipping the port authority
educational and cultural performing arts
facility. (C) The pledge and payments referred to in divisions
(B)(1)(b) and (c) of this section and
provided for in the
cooperative agreement shall be for the period stated in
the
cooperative agreement but shall not extend longer than the period
necessary to provide for the final retirement of the port
authority revenue
bonds referred to in division (B)(2)(a) of this
section, and for the satisfaction by the port authority of any of
its
obligations under or arising from any guaranty agreements,
reimbursement
agreements, or other credit enhancement agreements
relating to those bonds or
to the revenues pledged to them. The
cooperative agreement shall provide for
the termination of the
cooperative agreement, including the pledge and payment
referred
to in division (B)(1)(c) of this section, if
the port authority
revenue bonds referred to in division
(B)(2)(a) of this section
have not been issued, sold, and
delivered within five years of the
effective date of the cooperative
agreement. The cooperative agreement shall provide that any port
authority revenue
bonds shall be secured by a trust agreement
between the port authority and a
corporate trustee that is a trust
company or bank having the powers of a trust
company within or
outside the state but authorized to exercise trust powers
within
the state. The host county may be a party to that trust agreement
for
the purpose of better securing the pledge by the host county
of its payment to
the corporation pursuant to division (B)(1)(c)
of
this section. A tax levied pursuant to section
5739.09 of the
Revised Code for the purposes
specified in division
(B)(1)(b) or
(c)
of this section is not subject to diminution by
initiative or
referendum or
diminution by statute, unless
provision is made for
an adequate substitute
reasonably
satisfactory to the trustee
under the trust agreement that secures
the port authority revenue
bonds. (D) A pledge of money by a host county under this section
shall
not be net indebtedness of the host county for purposes of
section 133.07
of the Revised Code. A guaranty or other credit
enhancement by a host municipal corporation
under this section
shall not be net indebtedness of the host municipal
corporation
for purposes of
section 133.05 of the Revised Code. (E) If the terms of the cooperative agreement so provide,
any
contract for the acquisition, construction, renovation,
rehabilitation,
equipping, or improving of a port authority
educational and cultural
performing arts facility shall be made in
such manner as is determined by the
board of directors of the port
authority, and unless the cooperative agreement
provides
otherwise, such a contract is not subject to division (R)(2)
of
section 4582.31 of the Revised Code. The port authority may take
the assignment of and
assume any contracts for the acquisition,
construction, renovation,
rehabilitation, equipping, or improving
of a port authority educational and
cultural performing arts
facility that had previously been authorized by any
of the host
county, the host municipality, or the corporation. Such contracts
are not subject to division (R)(2) of section 4582.31 of the
Revised Code. Any contract for the acquisition, construction, renovation,
rehabilitation,
equipping, or improving of a port authority
educational and cultural
performing arts facility entered into,
assigned, or assumed pursuant to this
division shall provide that
all laborers and mechanics employed for the
acquisition,
construction, renovation, rehabilitation, equipping, or improving
of that facility shall be paid at the prevailing rates of wages of
laborers
and mechanics for the class of work called for by the
port authority
educational and cultural performing arts facility,
which wages shall be
determined in accordance with the
requirements of Chapter 4115. of the Revised Code
for the
determination of prevailing wage rates. Notwithstanding any provisions to the contrary in section
3383.07 of the Revised Code,
construction services and general
building services for a port authority
educational and cultural
performing arts facility funded completely or in part
with money
appropriated by the state to the Ohio cultural cultural
facilities
commission may be provided by a port authority or a corporation
that occupies, will occupy, or is responsible for that facility,
as determined
by the commission. The construction services and
general building services to
be provided by the port authority or
the corporation shall be specified in an
agreement between the
commission and the port authority or corporation. That
agreement,
or any actions taken under it, are not subject to Chapters
123. or
153. of the Revised Code, but
are subject to Chapter 4115. of the
Revised Code.
Sec. 340.02. As used in this section, "mental health
professional" means a person who is qualified to work with
mentally ill persons, pursuant to
standards established
by
the
director of mental health under section
5119.611 of
the
Revised
Code. For each alcohol, drug addiction, and mental health service
district,, there shall be appointed a board of alcohol, drug
addiction, and mental health services of eighteen members.
Members
shall be residents of the district and shall be
interested in
mental health programs and facilities or in alcohol
or drug
addiction programs. The director of mental health shall appoint four members of
the board, the director of alcohol and drug addiction services
shall appoint four members, and the board of county commissioners
shall appoint ten members. In a joint-county district,, the county
commissioners of each participating county shall appoint members
in as nearly as possible the same proportion as that county's
population bears to the total population of the district, except
that at least one member shall be appointed from each
participating county. The director of mental health shall ensure that at least
one
member of the board is a psychiatrist and one member of the
board
is a mental health professional. If the appointment of a
psychiatrist is not
possible, as determined under rules adopted
by the director, a
licensed physician may be appointed in place
of the psychiatrist.
If the appointment of a licensed physician
is not possible, the
director of mental health may waive the
requirement that the
psychiatrist or licensed physician be a
resident of the service
district and appoint a psychiatrist or
licensed physician from a
contiguous county. The membership of
the board shall, as nearly
as possible, reflect the composition
of the population of the
service district as to race and sex.
The director of mental health
shall ensure that at least one
member of the board is a person who
has received or is receiving
mental health services paid for by
public funds and at least one
member is a parent or other relative
of such a person. The director of alcohol and drug addiction services shall
ensure that at least one member of the board is a professional in
the field of alcohol or drug addiction services and one member of
the board is an advocate for persons receiving treatment for
alcohol or drug addiction. Of the members appointed by the
director of alcohol and drug addiction services, at least one
shall be a person who has received or is receiving services for
alcohol or drug addiction,, and at least one shall be a
parent or other relative of such a person. No member or employee of a board of alcohol, drug
addiction,
and mental health services shall serve as a member of
the board of
any agency with which the board of alcohol, drug
addiction, and
mental health services has entered into a contract
for the
provision of services or facilities. No member of a
board of
alcohol, drug addiction, and mental health services
shall be an
employee of any agency with which the board has
entered into a
contract for the provision of services or
facilities. No person
shall be an employee of a board and such
an agency unless the
board and agency both agree in writing. No person shall serve as a member of the board of alcohol,
drug addiction, and mental health services whose spouse, child,
parent, brother, sister, grandchild, stepparent, stepchild,
stepbrother, stepsister, father-in-law, mother-in-law,
son-in-law,
daughter-in-law, brother-in-law, or sister-in-law
serves as a
member of the board of any agency with which the
board of alcohol,
drug addiction, and mental health services has
entered into a
contract for the provision of services or
facilities. No person
shall serve as a member or employee of the
board whose spouse,
child, parent, brother, sister, stepparent,
stepchild,
stepbrother, stepsister, father-in-law, mother-in-law,
son-in-law,
daughter-in-law, brother-in-law, or sister-in-law
serves as a
county commissioner of a county or counties in the
alcohol, drug
addiction, and mental health service district. Each year each board member shall attend at least one
inservice training session provided or approved by the department
of mental health or the department of alcohol and drug addiction
services. Such training sessions shall not be considered to be
regularly scheduled meetings of the board. Each member shall be appointed for a term of four years,
commencing the first day of July, except that one-third of
initial
appointments to a newly established board, and to the
extent
possible to expanded boards, shall be for terms of two
years,
one-third of initial appointments shall be of initial appointments shall be for terms of three years, and one-third of initial appointments shall be of initial appointments shall be for
terms of
four years. No member shall serve more than two
consecutive
four-year terms. A member may serve for three
consecutive terms
only if one of the terms is for less than two
years. A member who
has served two consecutive four-year terms
or three consecutive
terms totaling less than ten years is
eligible for reappointment
one year following the end of the
second or third term,
respectively. When a vacancy occurs, appointment for the expired or
unexpired term shall be made in the same manner as an original
appointment. The appointing authority shall be notified by
certified mail of any vacancy and shall fill the vacancy within
sixty days following that that notice. Any member of the board may be removed from office by the
appointing authority for neglect of duty, misconduct, or
malfeasance in office, and shall be removed by the appointing
authority if the member's spouse, child, parent, brother, sister,
stepparent, stepchild, stepbrother, stepsister, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law, or
sister-in-law serves as a county commissioner of a county or
counties in the service district or serves as a member or
employee
of the board of an agency with which the board of
alcohol, drug
addiction, and mental health services has entered a
contract for
the provision of services or facilities. The member
shall be
informed in writing of the charges and afforded an
opportunity for
a hearing. Upon the absence of a member within
one year from
either four board meetings or from two board
meetings without
prior notice, the board shall notify the
appointing authority,
which may vacate the appointment and
appoint another person to
complete the member's term. Members of the board shall serve without compensation, but
shall be reimbursed for actual and necessary expenses incurred in
the performance of their official duties, as defined by rules of
the departments of mental health and alcohol and drug addiction
services.
Sec. 1501.04. There is hereby created in the department of
natural resources a recreation and resources commission composed
of the chairperson of the wildlife council created
under section
1531.03 of the Revised Code, the chairperson of the
parks and
recreation council created under section 1541.40 of the Revised
Code, the chairperson of the waterways safety council
created under
section 1547.73 of the Revised Code, the chairperson of
the technical advisory council on oil and gas created under section
1509.38 of the Revised Code, the chairperson chairperson of the forestry
advisory council created under section 1503.40 of the Revised
Code, the chairperson of the Ohio soil and water
conservation
commission created under section 1515.02 of the Revised Code, the
chairperson of the Ohio water
advisory council created under section 1521.031 of the Revised
Code, the chairperson of the recycling and litter prevention
advisory council created under section 1502.04 of the Revised
Code, the
chairperson of the Ohio geology advisory council
created under section 1505.11 of the Revised Code, and five members appointed
by the governor with the advice and consent of the senate, not
more than three of whom shall belong to the same political party.
The director of natural resources shall be an ex officio member
of the commission, with a voice in its deliberations, but without
the power to vote. Terms of office of members of the commission appointed by
the governor shall be for five years, commencing on the second
day of February and ending on the first day of February. Each
member shall hold office from the date of appointment until
the end of the term for which the member was appointed. In the event of the death, removal, resignation, or
incapacity of a member of the commission, the governor, with the
advice and consent of the senate, shall appoint a successor who
shall hold office for the remainder of the term for which the
member's predecessor was appointed. Any member shall continue in office
subsequent to the expiration date of the member's term until
the member's successor takes office, or until a period of
sixty days has elapsed, whichever occurs first. The governor may remove any appointed member of the
commission for misfeasance, nonfeasance, or malfeasance in
office. The commission shall exercise no administrative function,
but may do any of the following do any of the following: (A) Advise with and recommend to the director as to plans and programs for the management,
development, utilization, and conservation of the natural
resources of the state; (B) Advise with and recommend to the director as to
methods of coordinating the work of the divisions of the
department; (C) Consider and make recommendations upon any matter
that the director may submit to it; (D) Submit to the governor biennially recommendations for
amendments to the conservation laws of the state. Each member of the commission, before entering upon the
discharge of the member's duties, shall take and subscribe to an oath of
office, which oath, in writing, shall be filed in the office of
the secretary of state. The members of the commission shall serve without
compensation, but shall be entitled to receive their actual and
necessary expenses incurred in the performance of their official
duties. The commission, by a majority vote of all its
members, shall adopt and amend bylaws. To be eligible for appointment, a person shall be a citizen
of the United States and an elector of the state and shall
possess a knowledge of and have an interest in the natural
resources of this state. The commission shall hold at least four regular quarterly
meetings each year. Special meetings shall be held at such times
as the bylaws of the commission provide. Notices of all meetings
shall be given in such manner as the bylaws provide. The
commission shall choose annually from among its members a
chairperson to preside over its meetings and a
secretary to keep a
record of its proceedings. A majority of the members of the
commission constitutes a quorum. No advice shall be given or
recommendation made without a majority of the members of the
commission concurring in it in it.
Sec. 1502.04. There is hereby created within the division
of recycling and litter prevention the recycling and litter prevention
advisory council consisting of thirteen members. The speaker of the house of
representatives shall appoint one member of the house of representatives to
the council, and the president of the senate shall appoint one member of the
senate to the council. If the president of the senate belongs to the same
political party as the speaker of the house of representatives, the president
shall appoint a member of the senate who belongs to a different political
party as recommended by the minority leader of the senate. The speaker of the
house of representatives and the president of the senate shall make their
initial appointments to the council within sixty days after July
20, 1994. Each member
appointed by the speaker of the house of representatives or the president of
the senate shall serve for a term of office of three years. The appropriate
appointing authority may fill any vacancy occurring during the term of any
member whom the appointing authority has appointed to the
advisory council. The remaining eleven members shall be appointed by the governor with the
advice and consent of the
senate and shall be persons with knowledge of or experience in
recycling or litter prevention programs. The council shall have
broad based representation of interests including agriculture,
labor, the environment, manufacturing, wholesale and retail
industry, and the public. One of the business members shall be
from the commercial recycling industry, and another shall be from
an industry required to pay taxes under section 5733.065 of the
Revised Code. The director of natural resources shall not be a
member of the council. The governor shall make initial
appointments to the council within thirty days after October 20,
1987. Of the governor's initial appointments to the
council, five shall be
for a term of one year, and six shall be for a term of two years.
Thereafter, terms of office shall be for three years. Each member appointed
by the governor shall hold office from the date of the
member's appointment until the
end of the term for which the member was appointed. In the
event of death,
removal, resignation, or incapacity of a member of the council appointed by
the governor, the governor, with the advice and consent of the senate, shall
appoint a successor who shall hold office for the remainder of
the term for which the successor's predecessor was
appointed. A member shall
continue in office subsequent to the expiration date of the
member's term until the member's successor takes office,
or until a period of sixty days
has elapsed, whichever occurs first. The governor at any time may remove any
of the governor's appointees from the council for
misfeasance, nonfeasance, or
malfeasance in office. Members of the council may be reappointed. The council shall hold at least four regular quarterly
meetings each year. Special meetings may be held at the behest
of the chairperson or a majority of the members. The council
annually shall select from among its members a chairperson, a
vice-chairperson, and a secretary to keep a record of its
proceedings. A majority vote of the members of the council is necessary
to take action in any matter. A member of the council shall serve without compensation for attending council
meetings, but shall be reimbursed for all traveling, hotel, and other ordinary
and necessary expenses incurred in the performance of the
member's work as a member of the council. Membership on the council does not constitute holding a
public office or position of employment under the laws of this
state and does not constitute grounds for removal of public
officers or employees from their offices or positions of
employment. The council shall do all of the following: (A) In conjunction with the chief of recycling and litter prevention and with
the approval of the director of natural
resources, establish criteria by which to certify, and certify, agencies of
the state, municipal corporations with a population of more than fifty
thousand, counties, and solid waste management districts as eligible to
receive grants under section 1502.05 of the Revised Code; (B)(B) In conjunction with the chief and with the approval of the director,
establish criteria by which to certify, and certify, political subdivisions
for receipt of special grants for activities or
projects
that are intended to accomplish the purposes of any of the programs
established under section 1502.03 of the Revised Code;
(C)(C) Advise the chief in carrying out the chief's duties
under this chapter.
Sec. 1502.05. (A) The chief of recycling and litter prevention, pursuant to
division (A)(A) of section 1502.04 of the Revised Code and with the approval of
the director of natural resources, may make
grants from the recycling and litter prevention fund created in
section 1502.02 of the Revised Code
to accomplish the purposes of the programs established under section 1502.03
of the Revised Code. (B) Except as provided in division (C) of this section, the chief, with the
approval of the director, may require any eligible applicant certified by the
recycling and litter prevention advisory council under division (A)(A) of section
1502.04 of the Revised Code that applies for a grant for an activity or
project that is intended to further the purposes of any program established
under division (A)(1), (2), or (4) of
section 1502.03 of the Revised Code to provide
a matching contribution of not more than fifty per cent of the grant. (C) Notwithstanding division (B) of this section, any grant awarded under
division (A) of this section to foster cooperative research and
development regarding recycling or the cooperative establishment or expansion
of private recycling facilities or programs shall be made in conjunction with
a contribution to the project
by a cooperating enterprise that maintains or proposes to
maintain a relevant research and development or recycling
facility or program in this state or by an agency of the state,
provided that funding provided by a state agency shall not be
provided from general revenue funds appropriated by the general
assembly. No grant made under division (A) of this
section for the purposes described in this division shall exceed the
contribution made by the cooperating enterprise or state agency. The chief
may consider cooperating
contributions in the form of state of the art new equipment or in
other forms if the chief determines that the contribution is
essential to the successful implementation of the project. Grants made under division (A) of this section for the purposes described in
this division shall be
made in such form and conditioned on such terms as the chief considers to be
appropriate. (D)(1) The chief, with the approval of the director, may
require any eligible applicant certified by the recycling and litter
prevention advisory council under division (A)(A) of section 1502.04 of the
Revised Code that applies for a grant that is intended to further the purposes
of the program established under
division (A)(3) of section 1502.03 of the Revised Code, except any
eligible applicant that is or is located in a county that has a
per capita income equal to or below ninety per cent of the median
county per capita income of the state as determined by the chief
using the most recently available figures from the United States
census bureau, to provide a matching contribution as follows: (a) Up to ten per cent of the grant from any eligible
applicant that is or is located in a county that has a per capita
income above ninety per cent of the median county per capita
income of the state, but equal to or below one hundred per cent
of the median county per capita income of the state; (b) Up to twenty per cent of the grant from any eligible
applicant that is or is located in a county that has a per capita
income above the median county per capita income of the state. (2) If the eligible applicant is a joint solid waste
management district or is filing a joint application on
behalf of two or more counties, the matching
contribution
required under division (D)(1)
of this section shall be the average of the matching
contributions of all of the counties covered by the application as
determined in accordance with that division. The matching
contribution of a county that has a per capita income equal to
or below ninety per cent of the median county per capita income
of the state shall be included as zero in calculating the
average matching contribution. (E) After receiving notice from the director of environmental protection that
each county within the state is subject to the solid waste management plan of
a solid waste management district, the chief shall ensure that not less than
fifty per cent of the moneys distributed as grants under this section shall be
expended for the purposes of recycling and recycling market development.
Sec. 1502.11. (A) The chief of recycling and litter prevention The chief of recycling and litter prevention shall prepare,
with the assistance of the recycling and litter prevention
advisory council, and the director of natural resources the director of natural resources shall approve, a revised Ohio recycling market development Ohio recycling market development plan not later than the thirty-first day of
December every two years. The The plan shall do all of
the following: (1) Identify the types of recyclables, the recycling of
which will receive assistance under the plan; (2) Assess the need for and recommend specific types of
direct financial assistance to be provided by the state,
including grants, low-interest loans, bonds, and rebates and
guarantees for projects such as retooling costs for manufacturers
and industrial plants to use recycled materials, capitalization
business incubators, new product research and development,
demonstration projects, and the application and uses of recycled
materials; (3) Assess the need for and recommend specific types of
other assistance to be provided by the state, including the
creation of enterprise zones and other tax incentives and
exemptions, job training and managerial assistance, facilitation
of technology transfers, provision of technical information to
industries and to counties, townships, municipal corporations,
and solid waste management districts, provision of consumer
information, and establishment of a computer information network; (4) Designate a specific state agency to administer each
component of the plan recommended under divisions (A)(2) and (3)
of this section; (5) Determine the funding level needed for each component
of the plan recommended under divisions (A)(2) and (3) of this
section, and establish biennial budget estimates for the main
operating biennial budget needed by the state agency designated
to administer the component under division (A)(4) of this
section; (6) Recommend necessary statutory changes, provided that
the changes have been endorsed by a two-thirds vote of the
recycling and litter prevention advisory council. (B) Each revised plan prepared under division (A) of this
section shall do both of the following: (1) Review the relevant activities of each state agency
designated to administer a component of the previous plan; (2) Recommend any needed changes in the components of the
previous plan prepared under divisions (A)(1) to (6) of this
section, including the addition or deletion of any components. (C)(C) Each state agency that is designated under the plan to
administer a component of the plan shall do both of the
following:
(1) Administer that component as provided in the
plan; (2) Include in its biennial budget estimates for the main
operating biennial budget the budget estimates established
pursuant to division (A)(5) of this section. (D)(D) A copy of each plan prepared under this section shall
be submitted upon completion to the governor, the speaker of the
house of representatives, and the president of the senate.
Sec. 1502.12. (A) There is hereby created in the state
treasury the scrap tire grant fund, consisting of moneys
transferred to the fund under section 3734.82 of the Revised Code.
The chief of the division of recycling and litter prevention, with
the approval of the director of natural resources, may make grants
from the fund for the purpose of supporting market development
activities for scrap tires. The grants may be awarded to
individuals, businesses, and entities certified under division (A)(A)
of section 1502.04 of the Revised Code. (B) Projects and activities that are eligible for grants
under this section shall be evaluated for funding using, at a
minimum, the following criteria: (1) The degree to which a proposed project contributes to
the increased use of scrap tires generated in this state; (2) The degree of local financial support for a proposed
project; (3) The technical merit and quality of a proposed project.
Sec. 1506.30. As used in sections 1506.30 to 1506.36 1506.36 of
the
Revised Code: (A)
"Abandoned property" means a submerged aircraft; a
submerged watercraft, including a ship, boat, canoe, skiff, raft,
or barge; the rigging, gear, fittings, trappings, and equipment
of
a submerged aircraft or watercraft; the personal property of
the
officers, crew, and passengers of a submerged aircraft or
watercraft; the cargo of a submerged aircraft or watercraft that
has been deserted, relinquished, cast away, or left behind and
for
which attempts at reclamation have been abandoned by the
owners
and insurers; and submerged materials resulting from
activities of
prehistoric and historic native Americans. (B)
"Lake Erie" means that portion of the waters and lands
of Lake Erie belonging to the state as provided in section
1506.10
of the Revised Code. (C)
"Historical value" means the quality of significance
exemplified by an object, structure, site, or district that is
included in or eligible for inclusion in the state registry of
archaeological landmarks authorized under section 149.51 of the
Revised Code, the state registry of historic landmarks authorized
under section 149.55 of the Revised Code, or the national
register
of historic places. (D)
"Marine surveyor" means a person engaged in the
business
of mapping or surveying submerged lands and abandoned
property. (E)
"Mechanical or other assistance" means all
artificial artificial
devices used to raise or remove artifacts from abandoned
property,
including pry bars, wrenches and other hand or power
tools,
cutting torches, explosives, winches, flotation bags,
lines to
surface, extra divers buoyancy devices, and other
buoyancy
devices. (F)
"Recreational value" means value relating to an
activity
in which the public engages or may engage for recreation
or sport,
including scuba diving and fishing, as determined by
the director
of natural resources.
Sec. 1506.34. (A) The director of natural resources, with
the approval of the director of the Ohio historical society,
shall establish policies and may adopt rules necessary to
implement and administer sections 1506.30 to 1506.36 1506.36 of the
Revised Code. Not less than forty-five days prior to adopting a
rule under this section or section 1506.31 of the Revised Code,
the director of natural resources shall send a copy of the
proposed rule to the director of the Ohio historical society, who
shall promptly review it. Not more than thirty days after
receiving the proposed rule, the director of the Ohio historical
society shall return the rule to the director of natural
resources together with the former director's the former director's written
approval or disapproval of
the proposed rule. If the director of the Ohio
historical society the director of the Ohio
historical society disapproves the rule, the director the director
shall explain
the reasons for the the disapproval and any amendments to the
rule the director the director
considers necessary to obtain the director's the director's approval. The
director of
natural resources shall not adopt a rule under those sections
that has not been approved by the director of the Ohio historical
society. If the director of the Ohio historical society does not
respond within thirty days as prescribed in this section, the
rule is deemed approved by the director the director. (B) The director of natural resources shall inform the
public of the requirements of sections 1506.30 to 1506.36 1506.36 of the
Revised Code and any policies established and rules adopted under
them. In complying with this section, the director may establish
or conduct educational programs or seminars, print and distribute
informational pamphlets, and provide detailed information to
organizations that conduct scuba diving training programs. (C) The director of natural resources may hire or contract
with a marine archaeologist, a marine historian, a marine
surveyor, or any combination of these persons of these persons for the purposes of
implementing and administering sections 1506.30 to 1506.36 1506.36 of the
Revised Code and any rules adopted under them.
Sec. 1506.35. (A) The director of natural resources may
suspend or revoke, in accordance with Chapter 119. of the Revised
Code, a permit issued under section 1506.32 of the Revised Code
if the permit holder has done either of the following: (1) Failed to comply with sections 1506.30 to 1506.36 1506.36 of
the Revised Code, any rules adopted under those sections, or any
provision or condition of the holder's the holder's permit; (2) Damaged abandoned property other than in accordance
with the provisions or conditions of the permit. (B) Any motor vehicle, as defined in section 4501.01 of
the Revised Code, watercraft, as defined in section 1547.01 of
the Revised Code, mechanical or other assistance, scuba gear,
sonar equipment, or other equipment used by any person in the
course of committing a third or subsequent violation of division
(K) of section 1506.32 of the Revised Code shall be considered
contraband for the purposes of sections 2933.42 and 2933.43 of
the Revised Code, except that proceeds from the sale of such
contraband shall be disposed of in the following order: (1) To the payment of the costs incurred in the forfeiture
proceedings under section 2933.43 of the Revised Code; (2) To the payment of the balance due on any security
interest preserved under division (C) of section 2933.43 of the
Revised Code; (3) To the payment of any costs incurred by the seizing
agency under section 2933.43 of the Revised Code in connection
with the storage, maintenance, security, and forfeiture of the
contraband; (4) Fifty per cent of the remaining money to the credit of
the Lake Erie submerged lands preserves fund created in division
(C) of this section, and fifty per cent of the remaining money to
the Ohio historical society for deposit into the fund created
pursuant to division (C) of section 149.56 of the Revised Code. (C) There is hereby created in the state treasury the Lake
Erie submerged lands preserves fund. The fund shall be composed
of moneys credited to it under division (B)(4) of this section
and division (D)(2) of section 1506.33 of the Revised Code, all
appropriations, contributions, and gifts made to it, and any
federal grants received by the department of natural resources
for the purposes of sections 1506.30 to 1506.36 of the Revised
Code. The director shall use the moneys in
the Lake Erie submerged lands preserves fund solely to implement
and administer sections 1506.30 to 1506.36 1506.36 of the Revised Code. (D) The director may request the
attorney general to, and the attorney general shall, bring a
civil action in any court of competent jurisdiction for any of
the following purposes: (1) To enforce compliance with or restrain violation of
sections 1506.30 to 1506.36 1506.36 of the Revised Code, any rules
adopted under those sections, or any permit issued under section
1506.32 of the Revised Code; (2) To enjoin the further removal of abandoned property or
archaeological material from Lake Erie; (3) To order the restoration of an area affected by a
violation of sections 1506.30 to 1506.36 1506.36 of the Revised Code or
of a permit issued under section 1506.32 of the Revised Code to
its prior condition. Any action under this division is a civil action governed
by the Rules of Civil Procedure. (E) A peace officer of a county, township, or municipal
corporation, and a preserve officer, wildlife officer, park
officer, or watercraft officer designated under section 1517.10,
1531.13, 1541.10, or 1547.521 of the Revised Code, as applicable,
may enforce compliance with sections 1506.30 to 1506.36 1506.36 of the
Revised Code, any rules adopted under those sections, and any
permit issued under section 1506.32 of the Revised Code and may
make arrests for violation of those laws, rules, and permits.
Sec. 1517.02. There is hereby created in the department of
natural resources the division of natural areas and preserves,
which shall be administered by the chief of
natural areas and preserves. The chief shall take an oath of
office and shall file in the office of the secretary of state a
bond signed by the chief the chief and by a surety approved by the
governor for a
sum fixed pursuant to section 121.11 of the Revised Code. The chief shall administer a system of nature
preserves and wild, scenic, and recreational river areas. The
chief shall establish a system of nature preserves through
acquisition and dedication of natural areas of state or national
significance, which shall include, but not be limited to, areas
which represent characteristic examples of Ohio's natural
landscape types and its natural vegetation and geological
history. The chief shall encourage landowners to dedicate areas
of unusual significance as nature preserves, and shall establish
and maintain a registry of natural areas of unusual significance. The chief may supervise, operate, protect, and maintain
wild, scenic, and recreational river areas, as designated by the
director of natural resources. The chief may cooperate with
federal agencies administering any federal program concerning
wild, scenic, or recreational river areas. The chief may, with the approval of the director, enter
into an agreement with the United States department of commerce
under the "Coastal Zone Management Act of 1972," 86 Stat. 1280,
16 U.S.C.A. 1451, as amended, for the purpose of receiving grants
to continue the management, operation, research, and programming
at old woman creek national estuarine research reserve. The chief shall do the following do the following: (A) Formulate policies and plans for the acquisition, use,
management, and protection of nature preserves; (B) Formulate policies for the selection of areas suitable
for registration; (C) Formulate policies for the dedication of areas as
nature preserves; (D) Prepare and maintain surveys and inventories of
natural areas and habitats of rare and endangered species of
plants and animals; (E) Adopt rules for the use, visitation, and protection of
nature preserves, "natural areas owned or managed through
easement, license, or lease by the department and administered by
the division," and lands owned "or managed through easement,
license, or lease" by the department and administered by the
division which are within or adjacent to any wild, scenic, or
recreational river area, in accordance with Chapter 119. of the
Revised Code; (F) Provide facilities and improvements within the state
system of nature preserves that are necessary for their
visitation, use, restoration, and protection and do not impair
their natural character; (G) Provide interpretive programs and publish and
disseminate information pertaining to nature preserves and
natural areas for their visitation and use; (H)(H) Conduct and grant permits to qualified persons for the
conduct of scientific research and investigations within nature
preserves;
(I)(I) Establish an appropriate system for marking nature
preserves;
(J)(J) Publish and submit to the governor and the general
assembly a biennial report of the status and condition of each
nature preserve, activities conducted within each preserve, and
plans and recommendations for natural area preservation.
Sec. 1517.23. The The chief of the division of natural
areas and preserves shall do both of the following do both of the following: (A) Formulate policies and plans and establish a program incorporating them
for the identification and protection of the state's cave resources and adopt,
amend, or rescind rules in accordance with Chapter 119. of the Revised Code to
implement that program; (B) Provide technical assistance and management advice to owners upon request
concerning the protection of caves on their land.
Sec. 1518.01. The The chief of natural areas and preserves
shall adopt and may amend or rescind rules, in accordance with
Chapter 119. of the Revised Code, setting forth criteria for
identifying and designating species of plants native to this state that this state that are in danger of extirpation or are threatened with
becoming endangered. The chief shall adopt and may amend or
rescind rules, in accordance with Chapter 119. of the Revised
Code, setting forth a list of the plants that the chief the chief
determines to be
endangered or threatened with extirpation from this state,
applying the criteria so developed. This list shall identify the
common and scientific names of each species. The list shall
include all species native to this state that that are listed on the
"United States list of endangered and threatened wildlife and
plants" pursuant to the "Endangered Species Act of 1973," 87
Stat. 884, 16 U.S.C. 1531-1543, as amended. Further, the chief
may produce for public education purposes lists of plant
species which shall include the names of species of plants that that may become threatened in the future through habitat loss,
commercial exploitation, or other means.
Sec. 1518.03. The The chief of natural areas and preserves
shall adopt and may amend or repeal rules, in accordance with
Chapter 119. of the Revised Code, restricting the taking,
possessing, transportation, sale, offering for sale, or exposure
for sale, for commercial purposes of native Ohio species of wild
plants or parts of them of them, that are listed as endangered or
threatened by rule adopted under section 1518.01 of the Revised
Code. The rules may prohibit the taking of any endangered or
threatened plant, or parts of it of it, for commercial purposes, from
any wood lot, field, or forest, or from any other location in
which that that plant is found growing in its native habitat. This
section does not prevent any nurseryperson nurseryperson or dealer
who is licensed
under Chapter 927. of the Revised Code from selling, offering
for sale, shipping, or otherwise disposing of any endangered or
threatened plants or parts of them of them when those those plants have been
commercially grown by a licensed nursery or legally imported into
this state. For the purposes of this section, "commercial
purposes" means with intent to sell or trade endangered or
threatened plants for gain or profit. "Commercially grown" means
to grow plants under cultivation in tilled plots or in a
greenhouse. The rules shall provide for the taking of species
endangered or threatened with statewide extirpation for
botanical, educational, and scientific purposes, and for
propagation in captivity to preserve the species, with written
permission from the chief. The rules shall not prohibit the
taking or possession of species listed on the "United States list
of endangered and threatened wildlife and plants" for botanical,
educational, or scientific purposes, or for propagation in
captivity to preserve the species, under a permit or license from
the United States or any instrumentality of the United States of the United States.
Sec. 1551.35. (A) There is hereby established a technical
advisory committee to assist the director of the Ohio coal
development office in achieving the office's purposes. The director
shall appoint to the committee one member of the public utilities
commission and one representative each of coal production
companies, the united mine workers of America, electric
utilities, manufacturers that use Ohio coal, and environmental
organizations, as well as two people with a background in coal
research and development technology, one of whom is employed at
the time of the member's appointment by a state
university, as defined in section 3345.011 of the Revised Code. In
addition, the committee
shall include four legislative members. The speaker and minority
leader of the house of representatives each shall appoint one
member of the house of representatives, and the president and
minority leader of the senate each shall appoint one member of
the senate, to the committee. The director of environmental protection and and
the director of development shall serve
on the committee as ex officio ex officio members. Any member of the committee may
designate in writing a substitute to serve in the member's absence on the
committee. The director of environmental protection may designate in writing
the chief of the air pollution control division of the agency to represent the
agency. Members shall serve on
the committee at the pleasure of their appointing authority. Members of the
committee appointed by the director of the office
and, notwithstanding section 101.26 of the Revised Code,
legislative members of the committee, when engaged in their
official duties as members of the committee, shall be compensated
on a per diem basis in accordance with division (J) of section
124.15 of the Revised Code, except that the member of the public
utilities commission and, while employed by a state
university, the member with a background in coal research, shall
not be so compensated. Members shall receive their actual and
necessary expenses incurred in the performance of their duties. (B) The technical advisory committee shall review and make
recommendations concerning the Ohio coal development agenda
required under section 1551.34 of the Revised Code, project
proposals, research and development projects submitted to the
office by public utilities for the purpose of
section
4905.304 of the Revised Code, proposals for grants,
loans, and loan guarantees for purposes of sections 1555.01 to
1555.06 of the Revised Code, and such other topics as the
director of the office considers appropriate. (C) The technical advisory committee may hold an executive
session at any regular or special meeting for the purpose of
considering research and development project proposals or
applications for assistance submitted to the Ohio coal
development office under section 1551.33, or sections 1555.01 to
1555.06, of the Revised Code, to the extent that the the proposals
or applications consist of trade secrets or other proprietary
information. Any materials or data submitted to, made available to, or
received by the Ohio air quality development authority or the director of the
Ohio coal development office in connection with agreements for
assistance entered into under this chapter or
Chapter 1555. of the Revised Code, or any information
taken from those those materials or data for
any purpose, to the extent that the materials or data consist of
trade secrets or other proprietary information, are not public
records for the purposes of section 149.43 of the Revised Code. As used in this division, "trade secrets" has the same meaning as in
section 1333.61 of the Revised Code.
Sec. 2323.44. (A)(1) There is hereby created the Ohio subrogation rights commission consisting of six voting members and seven ten nonvoting members. To be eligible for appointment as a voting member, a person shall be a current member of the general assembly. The president of the senate and the speaker of the house of representatives shall jointly appoint six nine members. The chairman chairperson of the senate committee to which bills pertaining to insurance are referred shall be a member of the commission. The chairman chairperson of the house committee to which bills pertaining to insurance are referred shall be a member of the commission. The chairman chairperson and the ranking minority member of the senate committee to which bills pertaining to civil justice are referred shall each be a member of the commission. The chairman chairperson and the ranking minority member of the house committee to which bills pertaining to civil justice are referred shall each be a member of the commission. Of the six nine members jointly appointed by the president of the senate and the speaker of the house of representative, one shall represent a health insuring company doing business in the state of Ohio, one shall represent a public employees union in Ohio the state, one shall represent the Ohio academy of trial lawyers, one shall represent a property and casualty insurance company doing business in Ohio the state, one shall represent the Ohio state bar association, and one shall represent a sickness and accident insurer doing business in Ohio, and the state; all of these appointees shall have expertise in insurance law, including subrogation rights. Of the remaining three members jointly appointed by the president of the senate and the speaker of the house of representatives, one shall represent plaintiffs in tort actions who suffered damages as a result of the injury, death, or loss to person or property upon which the tort actions were based, and two shall represent employers whose primary place of business is located in this state, one of which shall represent a small employer. A member of the Ohio judicial conference who is an elected or appointed judge shall be a member of the commission.
(2) As used in this division: (a) "Small employer" means an employer who employs not more than one hundred persons on a full-time permanent basis, or, if the employer is classified as being in the manufacturing sector by the North American industrial classification system, an employer who employs not more than five hundred persons on a full-time permanent basis. (b) "Tort action" means a civil action for damages for injury, death, or loss to person or property. "Tort action" includes a product liability claim, as defined in section 2307.71 of the Revised Code, but does not include a civil action for damages for a breach of contract or another agreement between persons. (B) The commission shall do all of the following: (1) Investigate the problems posed by, and the issues surrounding, the N. Buckeye Educ. Council Group Health Benefits Plan v. Lawson (2004), 103 Ohio St. 3d 188 decision regarding subrogation; (2) Prepare a report of recommended legislative solutions to the court decision referred to in division (B)(1) of this section; (3) Submit a report of its findings to the members of the general assembly not later then September 1 than December 31, 2005. (C) Any vacancy in the membership of the commission shall be filled in the same manner in which the original appointment was made. (D) The chairpersons of the house and senate committees to which bills pertaining to insurance are referred shall jointly call the first meeting of the commission not later than May 1, 2005 thirty days after the effective date of this amendment. The first meeting shall be organizational, and the voting members of the commission shall determine the chairperson from among commission the commission's voting members by a majority vote. (E) The legislative service commission shall provide any technical, professional, and clerical employees that are necessary for the commission to perform its duties.
(F) All meetings of the commission are public meetings and shall be open to the public at all times. A member of the commission must be present in person at a meeting that is open to the public in order to be considered present or to vote at the meeting and for the purposes of determining whether a quorum is present. The commission shall promptly prepare and maintain the minutes of its meetings, and the minutes shall be public records under section 149.43 of the Revised Code. The commission shall give reasonable notice of its meetings so that any person may determine the time and place of all scheduled meetings. The commission shall not hold a meeting unless it gives at least twenty-four hours advance notice to the news media organizations that have requested notification of its meetings.
Sec. 3358.10. Sections 3354.10, 3354.121, 3354.15, and and 3354.16 of the Revised Code apply to state community college districts
and their boards of trustees.
Sec. 3375.61. In recognition of the work the Ohioana
Library Association, Martha Kinney Cooper Memorial, Martha Kinney Cooper Memorial, a corporation organized not for profit under the laws of
this state, has done and is doing to collect, promote, publicize, and make
available to the public the cultural, literary, scientific, social, and
economic achievements of Ohioans, the state may grant financial aid to that
that corporation in order that the purposes for which it was instituted may be
fostered and its services to the public improved and expanded.
Sec. 3375.62. The governor shall appoint four members of the board of
trustees of the Ohioana Library Association, Martha Kinney Cooper Memorial , Martha Kinney Cooper Memorial. Terms of
office shall be for four years, commencing on the sixteenth day of September
and ending on the fifteenth day of September. Each member shall hold
office from the date of appointment until the end of the term for
which appointed. Any member appointed to fill a vacancy
occurring prior to the
expiration of the term for which the member's the member's predecessor
was appointed shall hold
office for the remainder of that that term. Any member shall continue in office
subsequent to the expiration date of the member's the member's term until
the member's the member's successor takes
office, or until a period of sixty days has elapsed, whichever occurs first.
The gubernatorial The gubernatorial appointees shall serve as members of the board of trustees in addition to the regular
constituted board of trustees of the corporation.
Sec. 3383.01. As used in this chapter: (A)
"Culture Culture" means any of the following: (1) Visual, musical, dramatic, graphic,
design, and
other
arts,
including, but
not limited to, architecture,
dance,
literature,
motion pictures, music, painting, photography,
sculpture, and
theater, and the provision of training or education
in these arts; (2) The presentation or making available, in
museums or
other indoor or outdoor facilities, of principles of
science and
their development, use, or application in business,
industry, or
commerce or of the history, heritage, development,
presentation,
and uses of the arts
described in division (A)(1)
of this section
and of
transportation; (3) The preservation, presentation, or making available of
features of
archaeological, architectural, environmental, or
historical interest or significance in a state historical facility
or a
local historical facility. (B)
"Cultural Cultural organization" means either of the following: (1) A governmental agency or Ohio nonprofit corporation
that
provides programs or activities in areas directly concerned
with
culture culture; (2) A regional arts and cultural district as defined in
section 3381.01 of the Revised Code. (C)
"Cultural Cultural project" means all or any portion of an
Ohio cultural
cultural facility for which the general assembly has specifically
authorized the spending of money, or made an appropriation,
pursuant to division (D)(3)
or (E) of section 3383.07 of the
Revised Code. (D)
"Cooperative contract" means a contract between the Ohio
cultural cultural facilities commission and a cultural a cultural organization
providing the terms and conditions of the cooperative use of an
Ohio cultural cultural facility. (E)
"Costs of operation" means amounts required to manage an
Ohio cultural cultural facility that are incurred
following the completion of
construction of its cultural cultural project, provided
that both of the
following apply: (1) Those amounts either: (a) Have been committed to a fund dedicated to that purpose; (b) Equal the principal of any endowment fund, the income
from
which is dedicated to that purpose. (2) The commission and the cultural cultural organization have executed
an
agreement with respect to either of those funds. (F)
"General building services" means general building
services for an Ohio cultural cultural facility or an Ohio sports facility,
including, but not limited to, general
custodial care, security,
maintenance, repair, painting,
decoration, cleaning, utilities,
fire safety, grounds and site maintenance and
upkeep, and
plumbing. (G)
"Governmental agency" means a state agency, a
state-supported or state-assisted institution of higher
education,
a municipal corporation, county, township, or school
district, a
port authority created under Chapter 4582.
of the Revised Code,
any other political subdivision or special
district
in this state
established by or pursuant to law, or any combination
of these
entities; except where otherwise
indicated, the United States or
any department, division, or agency of the
United States, or any
agency, commission, or authority
established pursuant to an
interstate compact or agreement. (H)
"Local contributions" means the value of an asset
provided by
or on behalf of a cultural a cultural organization from sources
other than the state, the
value and nature of which shall be
approved by the Ohio cultural cultural facilities commission, in its
sole
discretion.
"Local contributions" may include the value of
the site
where a cultural a cultural project is to be constructed. All
"local
contributions," except a contribution attributable to such a site,
shall be for the costs of construction of a cultural a cultural project or
the creation or expansion of an endowment for the
creation or expansion of an endowment for the costs of operation of a cultural a cultural facility. (I)
"Local historical facility" means a site or facility,
other
than a state historical facility, of archaeological,
architectural,
environmental, or historical interest or
significance, or a facility,
including a storage facility,
appurtenant to the operations of
such a site or facility, that is
owned by a cultural a cultural organization,
provided the facility meets the
requirements of division
(K)(2)(b)
of this section, is managed
by
or pursuant to a contract with
the Ohio cultural
cultural facilities
commission, and is used for or
in connection with the
activities
of the commission, including the
presentation or making
available
of culture culture to the public. (J)
"Manage,"
"operate," or
"management" means the
provision
of, or the exercise of control over the provision of,
activities: (1) Relating to culture culture for an Ohio cultural cultural facility,
including as applicable, but not limited to, providing for
displays,
exhibitions, specimens, and models; booking of artists,
performances, or presentations; scheduling; and hiring or
contracting for directors, curators, technical and scientific
staff, ushers, stage managers, and others directly related to the
cultural cultural activities in the facility; but not including general
building services; (2) Relating to sports and athletic events for an Ohio
sports
facility, including as applicable, but not limited to,
providing for
booking
of athletes, teams, and events; scheduling;
and hiring or contracting for
staff, ushers, managers, and others
directly related to the sports and
athletic events in the
facility; but not including general building services. (K)
"Ohio cultural cultural facility" means any of the following: (1) The theaters located in the state office tower
at
77 South High street in Columbus; (2) Any capital facility in this state to which
both of
the
following apply: (a) The construction of a cultural a cultural project related to the
facility was authorized or
funded by the general assembly pursuant
to division (D)(3)
of section 3383.07 of the Revised Code
and
proceeds of state bonds are used for costs of the cultural cultural project. (b)
The facility is managed directly by, or
is subject to
a
cooperative or management contract
with, the Ohio cultural
cultural facilities commission, and
is used for or
in connection
with the
activities of the commission, including the
presentation
or making
available of culture culture to the public
and the provision of training or
education in culture culture. (3) A state historical facility or a local historical
facility. (L)
"State agency" means the state or any of its
branches,
officers, boards, commissions, authorities, departments,
divisions, or other units or agencies. (M)
"Construction" includes acquisition, including
acquisition by
lease-purchase, demolition, reconstruction,
alteration, renovation, remodeling, enlargement, improvement, site
improvements, and related equipping and furnishing. (N)
"State historical facility" means a site or facility
of
archaeological,
architectural, environmental, or historical
interest or significance, or a
facility, including a storage
facility, appurtenant to the operations of such
a site or
facility, that is owned by or is located on real property owned by
the state or by a cultural a cultural organization,
so long as the
real property
of the cultural cultural organization
is contiguous to
state-owned real
property that is in the care, custody, and control of a cultural
a cultural organization, and that is managed directly by or
is
subject to
a
cooperative or management contract
with the Ohio cultural
cultural facilities commission and
is used for or in
connection with
the
activities of the
commission, including the
presentation or
making
available of culture culture to the
public. (O)
"Ohio sports facility" means all or a portion of a
stadium,
arena, motorsports complex, or other capital facility in
this state, a
primary purpose of which
is to provide a site or venue for the
presentation to the public of either motorsports events or events of
one or more major or minor
league professional athletic or sports teams that
are associated
with the state or with a city or region
of the state, which
facility is, in the case of a motorsports complex, owned by the state or governmental agency, or in all other instances, is owned by or is located on real property owned by the
state or a
governmental agency, and including all parking
facilities, walkways, and
other
auxiliary facilities, equipment,
furnishings, and real and personal property
and interests and
rights therein, that may be appropriate for or used for or
in
connection with the facility or its operation, for capital costs
of which
state funds are spent pursuant to this chapter. A
facility constructed as an
Ohio sports facility may be both an
Ohio cultural cultural facility and
an Ohio sports facility. (P) "Motorsports" means sporting events in which motor vehicles are driven on a clearly demarcated tracked surface.
Sec. 3383.02. (A) There is hereby created the Ohio cultural
cultural facilities commission.
The commission shall engage in and provide for the development,
performance, and presentation or making available of culture culture and
professional sports and athletics to the public in this state, and
the provision of training or education in culture culture, by
the
exercise of its powers under this chapter, including the
provision, operation,
management, and cooperative use of Ohio
cultural cultural facilities and
Ohio sports facilities. The commission
is a
body corporate and politic, an agency of
state government and an
instrumentality of the state, performing
essential governmental
functions of this state. The carrying out
of the purposes and the
exercise by the commission of its powers
conferred by this chapter
are essential public functions and
public purposes of the state
and of state government. The commission
may, in its own
name, sue
and be sued, enter into contracts, and perform all the
powers and
duties given to it by this chapter; however, it does not
have
and shall
not exercise the power of eminent domain. (B) The commission shall consist of
ten members,
seven of
whom shall be voting members and three of whom shall be
nonvoting
members. The
seven
voting members shall be
appointed by the
governor, with the advice
and consent of the
senate, from
different geographical regions of
the state.
In
addition, one of
the voting members shall represent the state
architect. Not more
than
four
of the members appointed
by
the governor shall be
affiliated with
the same political party.
The nonvoting members
shall be the
staff director of the Ohio arts
council, a member of
the senate
appointed by the president of the
senate, and a member
of the
house of representatives appointed by
the speaker of the
house. (C) Of the
five initial appointments made by the governor,
one
shall be for a term expiring December 31, 1989, two shall be
for
terms expiring December 31, 1990, and two shall be for terms
expiring December 31, 1991.
Of the initial appointments of the
sixth and seventh
voting members made made by the governor, one shall be for a term expiring
December 31, 2003, and one shall be for a term expiring December
31, 2004.
Thereafter, each such term shall be
for three years,
commencing on
the first day of January and
ending on the
thirty-first day of
December. Each appointment by
the president
of the senate and by
the speaker of the house of
representatives
shall be for the
balance of the then legislative
biennium. Each
member shall hold
office from the date of the
member's appointment
until the end of
the term for which the
member was appointed. Any
member appointed
to fill a vacancy occurring prior
to the
expiration of the term
for which the member's predecessor was
appointed
shall hold office
for the remainder of such term. Any
member
shall continue in
office subsequent to the expiration date
of
the member's term
until the member's successor takes
office, or
until a period of
sixty
days has elapsed, whichever occurs first. (D) Members of the commission shall serve without
compensation. (E)
Organizational meetings of the commission shall be held
at the
first meeting
of each calendar year. At each
organizational
meeting, the
commission shall elect from among its
voting members
a
chairperson, a vice-chairperson, and a
secretary-treasurer, who
shall serve until
the next annual
meeting. The commission shall
adopt rules
pursuant to section
111.15 of the Revised Code for the
conduct of
its internal
business and shall keep a journal of its
proceedings. (F)
Four voting members of the commission constitute a
quorum, and the affirmative vote of
four members is
necessary
for
approval of any action taken by the commission. A
vacancy in
the
membership of the commission does not impair a
quorum from
exercising all the rights and performing all the
duties of the
commission. Meetings of the commission may be held
anywhere in
the state, and shall be held in compliance with
section 121.22 of
the Revised Code. (G) All expenses incurred in carrying out this chapter are
payable solely from money accrued under this chapter or
appropriated for these purposes by the general assembly, and the
commission shall incur no liability or obligation beyond such
money. (H) The commission shall file an annual report of its
activities and finances with the governor, director of budget and
management, speaker of the house of representatives, president of
the senate, and chairpersons of the house and senate finance
committees. (I) There is hereby established in the state treasury the
Ohio cultural cultural facilities commission administration fund.
All
revenues of the commission shall be credited to that fund and
to any
accounts created in the fund with the commission's
approval. All
expenses of the commission, including reimbursement
of, or
payment to, any other fund or any governmental agency for
advances made or services rendered to or on behalf of the
commission, shall be paid from the Ohio cultural cultural facilities
commission administration fund as determined by or pursuant to
directions of the commission. All investment earnings of the
administration fund shall be credited to the fund and shall be
allocated
among any accounts created in the fund in the manner
determined by the
commission. (J) Title to all real property and lesser interests in
real
property acquired by the commission, including leasehold and other
interests, pursuant
to this chapter shall be taken in the name of
the state and shall
be held for the use and benefit of the
commission. The
commission shall not mortgage such real property
and interests in
real property. Title to other property and
interests in it acquired by the
commission pursuant to this
chapter shall be taken in its name.
Sec. 3383.03. The Ohio cultural cultural facilities commission
shall do the
following: (A) From time to time, determine the need for cultural cultural projects,
Ohio cultural cultural facilities, and Ohio sports facilities, and and report
to the
governor and the general
assembly on the need for any additional
cultural cultural projects, Ohio cultural
cultural facilities, and Ohio sports facilities.
This division
does not apply to state historical facilities. (B) Have jurisdiction, control, and possession of, and
supervision over the use and disposition of, all property,
rights,
licenses, money, contracts, accounts, liens, books,
records, and
other property rights and interests conveyed,
delivered,
transferred, or assigned to it; (C) Use, and provide for the use of, Ohio cultural cultural facilities
and
Ohio sports facilities
for the commission's purposes and
functions, and conduct reviews
necessary to ensure that uses of
those facilities are
consistent with statewide interests and the
commission's
purposes, including the presentation or making
available
of culture culture and
professional athletics and sports to the
public in this state
and the provision of training or education in
culture culture; (D) Hold a meeting, including the organizational meeting
required by division (E) of section 3383.02 of the Revised Code,
at least quarterly to conduct its business; (E) Cooperate with any governmental agency or cultural
cultural organization that provides
services in, to, or for an Ohio cultural
cultural facility, and cooperate with
any governmental agency or nonprofit
corporation for the provision or
operation of any Ohio sports
facilities.
Sec. 3383.04. The Ohio cultural cultural facilities commission
may do the following do the following: (A) Employ and fix the compensation of an executive
director
and such other employees as will facilitate the
activities and
purposes of the commission. Any executive
director shall serve at
the pleasure of the commission and may
serve part-time. Other
employees shall be employed by and serve
at the pleasure of the
commission or the executive director, as
determined by the
commission. (B) Adopt, amend, and rescind, pursuant to section 111.15
of
the Revised Code, rules for the management and operation of
Ohio
cultural cultural facilities and Ohio sports facilities and for the
exercise of
all of the commission's rights with respect to those facilities; (C) Own, construct or provide for the construction of,
lease, equip, furnish,
administer, and manage or provide for the
operation and management
of,
and cooperate in the use of, Ohio
cultural cultural facilities and Ohio sports
facilities; (D) Dispose of, whether by sale, lease, lease-purchase,
sublease,
re-lease, or otherwise, real and personal property, and
lesser
interests in it, held or owned by the state for the use and
benefit of the commission or held or owned by the commission, if
not
needed for the commission's purposes, upon such terms as the
commission
determines, subject to approval by the governor in the
case of real property
and interests in it; (E) Grant such easements and other interests in real or
personal
property of the commission as will not interfere with the
use of
the property as an Ohio cultural cultural facility or an
Ohio sports
facility; (F) Fix, alter, and collect rentals and other charges for
the use or availability for use of Ohio cultural cultural facilities or an Ohio
sports facility, as
determined solely by the commission, for the
purpose of providing
for all or a portion of the costs and
expenses of the commission,
and the costs to be paid by the
commission of leasing,
constructing, equipping, repairing,
maintaining, administering,
managing, and cooperating in the
use
of Ohio cultural cultural facilities, including rentals to be paid
by the
commission for any Ohio cultural cultural facilities or for any Ohio
sports
facility; (G) Lease, sublease,
cooperate in the use of, or otherwise
make available to a cultural
cultural organization, Ohio cultural cultural facilities, and
to any governmental agency
or
nonprofit corporation, Ohio sports
facilities, including real
and
personal property, or any interests
in it, to carry out the
purposes of this chapter; (H) Contract with, retain the services of, or designate,
and
fix the compensation of, agents, accountants, attorneys,
consultants, advisers, and other independent contractors
necessary or desirable to carry out the purposes of this
chapter; (I) Procure insurance against loss to the commission by
reason of damages to or nonusability of its property resulting
from fire, theft, accident, or other casualties, or by reason of
its liability for any damages to persons or property, including,,
but not limited to, general liability insurance, business
interruption insurance, liability insurance for members,
officers,
and employees, and copyright liability insurance; (J) Receive and accept gifts, grants, devises, bequests,
loans, and any other financial or other form of aid or assistance
from any governmental agency or other person and enter into any
contract or agreement with any such agency or other person in
connection therewith, and receive and accept aid or contributions
from any other source of money, real or personal property, labor,
or other things of value, to be held, used, and applied only for
the purposes for which the aid and contributions are made and
according to their terms and conditions, all within the purposes
of this chapter; (K) Make and enter into all contracts, commitments, and
agreements, and execute all instruments, necessary or incidental
to the performance of its duties and the execution of its rights
and powers under this chapter; (L) Do anything necessary or appropriate to carry out the
purposes of and exercise the powers granted in this chapter; (M) Contract with any governmental agency or nonprofit
corporation to
provide or cause to be provided
services, including
general building services, in, to, or for an Ohio cultural
cultural facility or
any Ohio sports facility, or with a cultural
a cultural organization for the
management of an Ohio cultural
cultural facility, or with a governmental agency
or nonprofit corporation for
the management of an Ohio sports
facility, all in furtherance of the
state function, and make
contracts pursuant to divisions (A) and
(B) of section 3383.07 of
the
Revised Code, except that nothing in this chapter limits the
exercise of the
care, custody, control, and management of those
state historical facilities
specified in section 149.30 of the
Revised Code.
Sec. 3383.05. (A) Upon the request of the Ohio cultural
cultural facilities commission, any governmental agency may lease,
sublease, grant by lease-purchase or otherwise, convey, or grant the
right to use, to the
commission or to a state agency designated by the commission, any
real or personal property or interests in property, including
improvements to it and public roads, owned or controlled by the
governmental agency, which are necessary or convenient to an Ohio
cultural cultural facility or an Ohio sports facility, upon such terms and
conditions as they agree upon.
The lease, sublease, grant, conveyance, or grant of use may be
made without the necessity for advertisement, auction,
competitive bidding, court order, or other action or formality
otherwise required by law, except that the consent of the
governing body of the governmental agency shall be obtained, or,
if title to the property is in the state, the consent of the
governor shall be obtained. Any governmental agency may enter
into agreements with the Ohio cultural cultural facilities commission for
furnishing any supplies, equipment, or services to the commission
pursuant to such terms and for such compensation as agreed upon
by the governmental agency and the commission. (B) Leases, contracts, agreements, or conveyances entered
into pursuant to this section are not public contracts for
purposes of section 2921.42 of the Revised Code.
Sec. 3383.06. All property purchased, acquired, constructed, owned, leased,
or subleased by the Ohio cultural cultural facilities commission for the
exercise of its
powers and duties is public property used exclusively for a public purpose,
and this property and the income derived by the commission from it are
exempt, except as may otherwise be provided by the commission with
respect to Ohio sports facilities, from all taxation
within this state, including,, without limitation,, ad valorem
and excise taxes.
Sec. 3383.07. (A) The department of administrative
services
shall provide for the construction of a cultural
a cultural project in
conformity with Chapter 153. of the Revised
Code,
except as
follows: (1) For a cultural a cultural project that has an estimated
construction
cost, excluding the cost of acquisition, of twenty-five million
dollars or more, and that is financed by the Ohio building
authority, construction services may be provided by the authority
if
the
authority determines it should provide those services. (2) For a cultural a cultural project other than a state historical
facility,
construction services may be provided on
behalf of the
state by the Ohio cultural cultural facilities
commission, or by a
governmental agency or a cultural a cultural organization
that occupies, will
occupy, or is responsible for the Ohio cultural
cultural facility, as
determined by the
commission.
Construction services to be
provided by a
governmental agency or
a cultural a cultural organization shall be
specified in
an agreement between
the commission and the
governmental agency or
cultural cultural organization.
The agreement, or any
actions taken under it,
are not subject to
Chapter 123. or 153. of
the Revised Code,
except for sections
123.081 123.081 and 153.011 of the
Revised Code, and
shall be
subject to Chapter
4115. of the Revised
Code. (3) For a cultural a cultural project that is a state
historical facility,
construction
services
may be provided by the Ohio cultural
cultural facilities commission or by
a cultural a cultural organization that occupies,
will occupy, or is responsible for the
facility, as determined by
the commission. The construction services to be
provided by the
cultural cultural organization shall be specified in an agreement between
the
commission and the cultural cultural organization. That agreement,
and any
actions
taken under it, are not subject to Chapter 123.,
153., or
4115. of the Revised
Code. (B) For an Ohio sports facility that is financed in part by
the
Ohio building authority, construction services shall be
provided on
behalf of the state by or at the direction of the
governmental agency or
nonprofit corporation that will own or be
responsible for the management of
the facility, all as determined
by the
Ohio cultural cultural facilities commission. Any
construction services
to be provided by a governmental agency or
nonprofit corporation shall be
specified in an agreement between
the commission and the governmental agency
or nonprofit
corporation. That agreement, and any actions taken under
it,
are
not subject to Chapter 123. or 153. of the Revised Code,
except
for sections
123.081 123.081 and 153.011 of the Revised Code, and
shall be
subject to
Chapter 4115. of the Revised Code. (C) General building services for an Ohio cultural cultural facility
shall be provided by
the
Ohio cultural cultural facilities
commission or by a cultural
a cultural organization that
occupies, will occupy,
or is responsible for the
facility, as determined by
the
commission, except that the Ohio
building authority may elect to
provide those services for Ohio
cultural cultural facilities financed with
proceeds of state bonds issued by
the authority.
The costs of
management and general building
services shall
be paid by the cultural
cultural organization that occupies,
will
occupy, or
is responsible for the
facility as provided in an
agreement between the
commission and
the cultural cultural organization, except
that the state may pay for general
building services for
state-owned cultural
cultural facilities constructed on
state-owned land.
General building services for
an Ohio sports facility shall
be provided by or at the direction of
the governmental agency or
nonprofit corporation that will be responsible for
the management
of the facility, all as determined by the commission. Any
general
building services to be provided by a governmental agency or
nonprofit
corporation
for an Ohio sports facility shall be
specified in
an agreement between the commission and the
governmental agency or nonprofit corporation. That
agreement, and
any
actions taken under it, are not subject to
Chapter 123. or
153.
of the Revised Code, except for sections
123.081 123.081 and 153.011
of
the Revised Code,
and shall be subject to
Chapter 4115. of the
Revised Code. (D) This division does not apply to a state historical
facility. No state funds, including any state bond proceeds,
shall be spent on the construction of any cultural
cultural project
under this
chapter unless, with respect to the cultural cultural project and to
the Ohio
cultural cultural facility related to the
project, all of
the following apply: (1) The Ohio cultural cultural facilities commission has
determined
that there is a need for the cultural cultural project and the Ohio
cultural
cultural facility related to the project in the
region of the state
in which the Ohio cultural cultural facility is
located or for which the
facility is
proposed. (2) The commission has determined that, as an indication of
substantial regional support for
the cultural cultural project, the cultural
cultural organization has made
provision
satisfactory to the commission, in
its sole discretion, for
local contributions amounting to
not less
than fifty per cent of the total state funding
for the cultural
cultural project. (3) The general assembly has specifically authorized the
spending of money on, or made an appropriation for, the
construction of the cultural cultural project, or for rental
payments relating
to
the financing of the construction of the cultural cultural project.
Authorization
to spend money, or an appropriation, for planning
the cultural
cultural project
does not constitute authorization to spend money
on, or an
appropriation for, construction of the cultural cultural project. (E) No state funds, including any state bond proceeds, shall
be spent on the
construction of any state historical facility
under this chapter unless the
general assembly has specifically
authorized the spending of money on, or made
an appropriation for,
the construction of the state historical state historical project related to
the facility, or
for rental payments
relating to the financing of the construction
of the state historical
state historical project. Authorization
to spend money, or an
appropriation, for planning the state historical
state historical project does not
constitute
authorization to spend money on, or an appropriation
for, the
construction of the state historical state historical project. (F) State funds shall not be used to pay or reimburse more
than
fifteen per cent of the initial estimated construction cost
of an
Ohio sports facility,
excluding any site acquisition cost,
and no state funds, including any state
bond proceeds, shall be
spent on any Ohio sports facility under this
chapter unless, with
respect to that facility, all of the following apply: (1) The Ohio cultural cultural facilities commission has
determined
that there is a need for the facility in the region of
the state for which the
facility is proposed to provide the
function of an Ohio sports
facility as provided for in this
chapter. (2) As an indication of substantial local support for the
facility, the
commission has received a financial and development
plan satisfactory to it,
and provision has been made, by agreement
or otherwise, satisfactory to the
commission, for a contribution
amounting to not less than eighty-five per cent
of the total
estimated construction cost of the facility, excluding any site
acquisition cost, from sources other than the state. (3) The general assembly has specifically authorized the
spending of money
on, or made an appropriation for, the
construction of the facility, or for
rental payments relating to
state financing of all or a portion of the costs
of constructing
the facility. Authorization to spend money, or an
appropriation,
for planning or determining the feasibility of or need for the
facility does not constitute authorization to spend money on, or
an
appropriation for, costs of constructing the facility. (4) If state bond proceeds are being used for the Ohio
sports
facility, the state or a governmental agency owns or has
sufficient property
interests in the facility or in the site of
the facility or in the portion or
portions of the facility
financed from proceeds of state bonds, which may
include, but is
not limited to, the right to use or to require the use of the
facility for the presentation of sport and athletic events to the
public at
the facility. (G) In addition to the requirements of division (F) of this section, no state funds, including any state bond proceeds, shall be spent on any Ohio sports facility that is a motorsports complex, unless, with respect to that facility, both of the following apply:
(1) Motorsports events shall be presented at the facility pursuant to a lease entered into with the owner of the facility. The term of the lease shall be for a period of not less than the greater of the useful life of the portion of the facility financed from proceeds of state bonds as determined using the guidelines for maximum maturities as provided under divisions (B) and (C) of section 133.20 of the Revised Code, or the period of time remaining to the date of payment or provision for payment of outstanding state bonds allocable to costs of the facility, all as determined by the director of budget and management and certified by the director to the Ohio cultural cultural facilities commission and to the Ohio building authority.
(2) Any motorsports organization that commits to using the facility for an established period of time shall give the political subdivision in which the facility is located not less than six months' advance notice if the organization intends to cease utilizing the facility prior to the expiration of that established period. Such a motorsports organization shall be liable to the state for any state funds used on the construction costs of the facility.
Sec. 3383.08. There is hereby created in the state treasury the capital
donations fund, which shall be administered by the Ohio cultural cultural
facilities commission. The fund shall consist of gifts, grants, devises,
bequests, and other financial contributions made to the commission for the
construction or improvement of cultural cultural and sports facilities and
shall be used in accordance
with the specific purposes for which the gifts, grants,
devises, bequests, or other financial contributions are made. All investment
earnings of the fund shall be credited to the fund. Chapters 123., 125.,
127., and 153. and section 3517.13
of the Revised Code do not apply to contracts paid from
the fund, notwithstanding anything to the contrary in those chapters or that
section. Not later than one month following the
end of each quarter of the fiscal year, the commission shall allocate
the amounts credited to the fund from investment earnings during
that preceding quarter of the fiscal year among the specific
projects for which they are to be used and shall certify this
information to the director of budget and management. If the amounts credited to the fund for a
particular project exceed what is required to complete that project, the
commission may refund any
of those excess amounts, including unexpended investment
earnings attributable to
those amounts, to the entity from which
they were received.
Sec. 3383.09. (A) There is hereby created in the state
treasury the cultural cultural and sports facilities building fund, which shall consist of
proceeds of obligations authorized to pay costs of Ohio cultural cultural facilities
and Ohio sports facilities for which appropriations are made by the general
assembly. All investment earnings of the fund shall be credited to
the fund. (B) The director of budget and management may transfer, to
the Ohio cultural cultural facilities commission administration
fund, investment earnings credited to the cultural cultural and sports facilities building fund that exceed the
amounts required to meet estimated federal arbitrage rebate
requirements when requested of the director of budget and
management by the chairperson or executive director of the
commission.
Sec. 3746.09. (A) A person who proposes to enter into or
who is participating in the voluntary action program under this
chapter and rules adopted under it, in accordance with this
section and rules adopted under division (B)(11) of section
3746.04 of the Revised Code, may apply to the director of
environmental protection for a variance from applicable standards
otherwise established in this chapter and rules adopted under it.
The application for a variance shall be prepared by a certified
professional. The director shall issue a variance from those
applicable standards only if the application makes all of the
following demonstrations to the director's satisfaction: (1) Either or both of the following: (a) It is technically infeasible to comply with the
applicable standards otherwise established at the property named
in the application; (b) The costs of complying with the applicable standards
otherwise established at the property substantially exceed the
economic benefits.. (2) The proposed alternative standard or set of standards
and terms and conditions set forth in the application will result
in an improvement of environmental conditions at the property and
ensure that public health and safety will be protected.. (3) The establishment of and compliance with the
alternative standard or set of standards and terms and conditions
are necessary to promote, protect, preserve, or enhance
employment opportunities or the reuse of the property named in
the application. A variance issued under this section shall state the
specific standard or standards whose terms are being varied and
shall set forth the specific alternative standard or set of
standards and the terms and conditions imposed on the applicant
in their place. A variance issued under this section shall
include only standards and terms and conditions proposed by the
applicant in the the application, except that the director may
impose
any additional or alternative terms and conditions that the
director the director determines to be necessary to ensure that public health and
safety will be protected. If the director finds that compliance
with any standard or term or condition proposed by the applicant
will not protect public health and safety and that the imposition
of additional or alternative terms and conditions will not ensure
that public health or safety will be protected, the director
shall disapprove the application and shall include in the order
of denial the specific findings on which the denial was based. (B) Variances shall be issued or denied in accordance with
this section, rules adopted under division (B)(11) of section
3746.04 of the Revised Code, and Chapter 3745. of the Revised
Code. Upon determining that an application for a variance is
complete, the director shall schedule schedule a public meeting on the application to be
held within ninety days after the director determines that the
application is complete in the county in which is located the
property to which the application pertains. (C) Not less than thirty days before the date scheduled
for the public meeting on an application for a variance, the
director shall publish notice of the public meeting and that the
director will receive written comments on the application for a
period of forty-five days commencing on the date of the
publication of the notice. The notice shall contain all of the
following information, at a minimum: (1) The address of the property to which the application
pertains; (2) A brief summary of the alternative standards and terms
and conditions proposed by the applicant; (3) The date, time, and location of the public meeting. The notice shall be published in a newspaper of general
circulation in the county in which the property is located and,
if the property is located in close proximity to the boundary of
the county with an adjacent county, as determined by the
director, shall be published in a newspaper of general
circulation in the adjacent county. Concurrently with the
publication of the notice of the public meeting, the director
shall mail notice of the application, comment period, and public
meeting to the owner of each parcel of land that is adjacent to
the affected property and to the legislative authority of the
municipal corporation or township, and county, in which the
affected property is located. The notices mailed to the adjacent
land owners and legislative authorities shall contain the same
information as the published notice. (D) At the public meeting on an application for a
variance, the applicant, or a representative of the applicant who
is knowledgeable about the affected property and the application,
shall present information regarding the application and the basis
of the request for the variance and shall respond to questions
from the public regarding the affected property and the
application. A representative of the environmental protection
agency who is familiar with the affected property and the
application shall attend the public meeting to hear the public's
comments and to respond to questions from the public regarding
the affected property and the application. A stenographic record
of the proceedings at the public meeting shall be kept and shall
be made a part of the administrative record regarding the
application. (E) Within ninety days after conducting the public meeting
on an application for a variance under division (D) of this
section, the director shall issue a proposed action to the
applicant in accordance with section 3745.07 of the Revised Code
that indicates the director's intent with regard to the issuance
or denial of the application. When considering whether to issue
or deny the application or whether to impose terms and conditions
of the variance that are in addition or alternative to those
proposed by the applicant, the director shall consider comments on the
application made by the public at the public meeting and written
comments on the application received from the public.
Sec. 3746.35. (A) Not later than September 1, 1996, and
not later than the first day of September of each subsequent
year, the director of environmental protection shall prepare and
submit to the chairpersons chairpersons of the respective standing
committees of the senate and house of representatives primarily responsible
for
considering environmental and taxation matters a report regarding
the voluntary action program established under this chapter and
rules adopted under it and the tax abatements granted pursuant to
sections 5709.87 and 5709.88 of the Revised Code for properties
where voluntary actions were conducted. Each annual report shall
include, without limitation, all of the following: (1) Both of the following for each property for which a
covenant not to sue was issued under section 3746.12 of the
Revised Code during the preceding calendar year: (a) The address of the property and name of the person who
undertook the voluntary action at the property; (b) Whether the applicable standards governing the
voluntary action were the interim standards established in
section 3746.07 of the Revised Code or the generic numerical
clean-up standards established in rules adopted under division
(B)(1) of section 3746.04 of the Revised Code, were established
through the performance of a risk assessment pursuant to rules
adopted under division (B)(2) of section 3746.04 of the Revised
Code, or were set forth in a variance issued under section
3746.09 of the Revised Code. (2) All of the following for each property for which a
variance was issued under section 3746.09 of the Revised Code
during the preceding calendar year: (a) The address of the property and the name of the person
to whom the variance was issued; (b) A summary of the alternative standards and terms and
conditions of the variance and brief description of the
improvement in environmental conditions at the property that is
anticipated to result from compliance with the alternative
standards and terms and conditions set forth in the variance; (c) A brief description of the economic benefits to the
person to whom the variance was issued and the community in which
the property is located that are anticipated to result from the
undertaking of the voluntary action in compliance with the
alternative standards and terms and conditions set forth in the
variance. (3) The number of audits performed under section 3746.17
of the Revised Code during the preceding calendar year and, in
connection with each of them, at least the following information: (a) The address of the property in connection with which
the audit was performed and the name of the person who undertook
the voluntary action at the property; (b) An indication as to whether the audit was a random
audit or was conducted in accordance with the priorities
established in rules adopted under divisions (A)(9)(a) to (f) of
section 3746.04 of the Revised Code and, if the audit was
conducted in accordance with those priorities, an indication as
to which of them resulted in the selection of the voluntary
action for an audit; (c) A brief summary of the findings of the audit and any
action taken by the environmental protection agency as a result
of those findings. (4) The number of covenants not to sue revoked during the
preceding calendar year through the operation of divisions
(A)(2)(c) and (B) of section 3746.12, division (B)(2) of section
3746.18, and division (B) of section 3746.19 of the Revised Code
and for each property for which a covenant was revoked, at least
both of the following: (a) The address of the property affected by the revocation
and name of the person who undertook the voluntary action at the
property; (b) The reason for the revocation. (5) The amount of money credited to the voluntary action
administration fund created in section 3746.16 of the Revised
Code during the preceding fiscal year from the fees established
in divisions (D) and (H) of section 3746.07 and division (C) of
section 3746.13 of the Revised Code and from civil penalties imposed under section 3746.22 of
the Revised Code. The report shall indicate the amount of money
that arose from each of the fees and from the civil penalties.
The report also shall include the amount of money expended from
the fund during the preceding fiscal year by program category,
including, without limitation, the amount expended for conducting
audits under section 3746.17 of the Revised Code during the
preceding fiscal year. (6) For each property that is receiving a tax abatement
under section 5709.87 of the Revised Code for the preceding tax
year, the amount of the valuation exempted from real property
taxation for that tax year under that section. In order to
comply with division (A)(6) of this section, the director shall
include in the annual report the report required to be provided
to the director the director by the director of development under
division (B)(2) of this section. The sole responsibility of the director of
environmental protection regarding the report provided to the
director the director under that division is to include it in the annual report
prepared under division (A) of this section. (7) For each property that is receiving a tax abatement
pursuant to an agreement with a municipal corporation or county
entered into under section 5709.88 of the Revised Code, the
amount of the valuation exempted from real or personal property
taxation. In order to comply with division (A)(7) of this
section, the director shall include in the annual report the
report required to be provided to the director the director by the
director
of
development under division (C) of this section. The sole
responsibility of the director of environmental protection
regarding the report provided to the director the director under that
division is to include include it in the annual report prepared
under division (A) of
this section. (B)(1) Not later than March 31, 1996, the county auditor
of each county in which is located any property that is receiving
a tax abatement under section 5709.87 of the Revised Code shall
report to the director of development for each such property both
of the following as applicable to tax year 1995: (a) The address of the property and the name of the owner
as stated in the records of the county auditor of the county in
which the property is located; (b) The amount of the valuation of the property that was
exempted from real property taxation under that section. Not later than the thirty-first day of March of each
subsequent year, each such county auditor shall report the
information described in those divisions to the director of
development for each property within the county that is receiving
a tax abatement under that section for the preceding tax year. (2) Not later than July 1, 1996, and not later than the
first day of July of each subsequent year, the director of
development shall compile the information provided to the
director the director under division (B)(1) of this section applicable to the preceding
tax
year into a report covering all of the counties in the state in
which are located properties receiving a tax abatement under
section 5709.87 of the Revised Code for the preceding tax year
and shall forward the report to the director of environmental
protection. The sole responsibility of the director of
development in preparing the report is to compile the information
submitted to the director the director by the county auditors under
division (B)(1) of this section. (C) Not later than July 1, 1996, and not later than the
first day of July of each subsequent year, the director of
development shall compile the information provided to the
director the director by municipal corporations and counties under division (A) of
section
5709.882 of the Revised Code applicable to the preceding calendar
year into a report covering, by county, all of the municipal
corporations and counties in this state in which are located
properties receiving a tax abatement pursuant to an agreement
entered into under section 5709.88 of the Revised Code and shall
forward the report to the director of environmental protection.
The sole responsibility of the director of development in
preparing the report is to compile the information submitted to
him by municipal corporations and counties under division (A) of
section 5709.882 of the Revised Code.
Sec. 3747.02. (A)(1) The
governor, with the advice and consent of the
senate, shall appoint the Ohio member
of the midwest interstate low-level radioactive waste
commission. The commissioner shall serve at the
pleasure of the governor and shall be
reimbursed for actual and necessary expenses incurred in the
performance of official official duties. (2) As used in this
section, "compact" means the midwest interstate compact on low-level
radioactive waste entered into under section 3747.01 of
the Revised
Code. (B) The representative
from this state on the commission shall not cast a vote contrary
to Ohio law. (C) The representative
from this state on the commission shall not cast an affirmative
vote on the following matters before the commission without the
prior approval of the governor: the governor: (1) Approval by the commission of the amount of the
long-term care fund established by this state pursuant to
Article VI(O) of the compact; (2) Relief of a party state to the compact of its
responsibility to serve as a host state under
Article
VI(E)
of the compact; (3) A requirement pursuant to
Article
VI(F)
of the compact that this state use alternate technology to that
proposed by this state for a compact facility in this state; (4) Authorization of the early closing of a compact
facility under Article
III(H)(7)
of the compact; (5)(5) Any agreement between this state and the commission or
a state other than Ohio that
determines or alters the rights, powers, or obligations of this
state under the compact;
(6)(6) Modification of the requirements of Article
VI(L)(2), (3), or (5) of the compact if the then operating
compact facility is in this state;
(7)(7) Admission by the commission of a new party state to
the compact;
(8)(8) Revocation by the commission of the membership of a
party state in the compact.
(D) A vote by the
representative from this state on the commission that is
inconsistent with division (B)
or (C) of this section is void
and is not enforceable.
Sec. 3748.01. As used in this chapter: (A) "Byproduct material" means either
of the following: (1) Any radioactive material, except special nuclear
material, yielded in or made radioactive by exposure to radiation
incident to the process of producing or utilizing special nuclear
material; (2) The tailings or wastes produced by the extraction
or concentration of uranium or thorium from any ore processed primarily for
its source material content. (B) "Certified radiation expert"
means an individual who has complied with all of the following: (1) Applied to the director of health for certification as a
radiation expert under section 3748.12 of the Revised
Code; (2) Met minimum education and experience requirements
established in rules adopted under division (C) of
section 3748.04 of the Revised Code; (3) Been granted a certificate as a radiation expert by
the director under section 3748.12 of the Revised
Code. (C) "Closure" or "site
closure" refers to a facility for the disposal of low-level
radioactive waste or a byproduct material site, as "byproduct
material" is defined in division (A)(2) of this section, and
means all activities performed at a licensed
operation, such as stabilization and contouring, to ensure that
the site where the operation occurred is in a stable condition so
that only minor custodial care, surveillance, and monitoring are
necessary at the site following the termination of the licensed
operation. (D) "Decommissioning" means to safely
remove any licensed operation from service and reduce
residual radioactivity to a level that permits release of the
licensee's property for unrestricted use. With regard to a facility for the
disposal of low-level radioactive
waste or a byproduct material site, as "byproduct material" is defined in
division (A)(2) of this section, "decommissioning" does not include
the reduction
of residual radioactivity to a level that permits release of the
facility for unrestricted use. (E) "Director of health" includes a
designee or authorized representative of the director. (F) "Disposal," with regard to
low-level radioactive waste, means the permanent isolation of
that waste in accordance with requirements established by the
United States nuclear regulatory commission or
the licensing agreement state. (G) "Disposal site" means that portion of a facility that is used for the disposal of low-level radioactive waste and that consists of disposal units and a buffer zone. "Disposal unit" means a discrete portion of such a facility into which low-level radioactive waste is placed for disposal means that portion of a facility that is used for the disposal of low-level radioactive waste and that consists of disposal units and a buffer zone. "Disposal unit" means a discrete portion of such a facility into which low-level radioactive waste is placed for disposal. (H)(1) Except as provided in division
(H)(2) of this section, "facility" means the
state, any political subdivision, person, public or private
institution, or group, or any unit of one of those entities, but
does not include the federal government or any of its agencies. (2) For the purposes of the disposal of low-level
radioactive waste, "facility" has the same meaning as
in section 3747.01 of the Revised Code. (I) "Handle" means receive, possess,
use, store, transfer, install, service, or dispose of sources of radiation
unless
possession is solely for the purpose of transportation. (J) "Handler" means a facility that
handles sources of radiation unless possession is solely for the
purpose of transportation. (K) "Inspection" means an official
review, examination, or observation, including, without
limitation, tests, surveys, and monitoring, that is used to
determine compliance with rules, orders, requirements, and
conditions of the department of health and that is conducted by
the director of health. (L) "Low-level radioactive waste" has
the same meaning as in section 3747.01 of the Revised
Code with regard to the disposal of low-level radioactive waste.
In regard to regulatory control at locations other than a disposal facility,
""low-level radioactive waste"" has the same meaning as in 42 U.S.C.A.
2021b. (M) "Quality assurance program" means
a program providing for verification by written procedures such
as testing, auditing, and inspection to ensure that deficiencies,
deviations, defective equipment, or unsafe practices, or a
combination thereof, relating to the use, disposal, management,
or manufacture of radiation sources are identified, promptly corrected, and
reported to the appropriate regulatory authorities. (N) "Radiation" means ionizing and nonionizing
radiation. (1) "Ionizing radiation" means gamma rays and X-rays,
alpha and beta particles, high-speed electrons, neutrons,
protons, and other nuclear particles, but does not include sound or
radio waves or
visible, infrared, or ultraviolet light. (2) "Nonionizing radiation" means any electromagnetic
radiation, other than ionizing electromagnetic radiation,
or any sonic, ultrasonic, or infrasonic wave. (O) "Radioactive material" means any
solid, liquid, or gaseous material that emits ionizing radiation
spontaneously. "Radioactive material"
includes
accelerator-produced and naturally occurring materials and byproduct, source,
and special
nuclear material. (P) "Radiation-generating equipment" means
any
manufactured product or device, or component of such a
product or device, or any machine or system that
during operation can generate or
emit radiation, except those that emit radiation only
from radioactive material. "Radiation-generating
equipment" does not include either of the following: (2) Microwave ovens, including food service microwave
ovens used for commercial and industrial uses, television
receivers, electric lamps, and other household appliances and
products that generate very low levels of radiation. (Q) "Source material" means uranium,
thorium, or any combination thereof in any physical or chemical
form, or any ores that contain by weight at least one-twentieth
of one per cent of uranium, thorium, or any combination thereof.
"Source material" does not include special nuclear material. (R) "Source of radiation" means radioactive material or
radiation-generating equipment. (S) "Special nuclear material" means either of the following: (1) Plutonium, uranium 233, uranium enriched in the
isotope 233 or in the isotope 235, and any other material that
the United
States nuclear regulatory
commission determines to be special nuclear material, but does
not include source material pursuant to section 51 of the
"Atomic
Energy
Act of 1954," 68 Stat. 919, 42
U.S.C.A.
2071." (2) Except for any source material, any material
artificially enriched by any of the materials identified in
division (S)(1) of this
section. (T) "Storage" means the retention of
radioactive materials, including low-level radioactive waste,
prior to disposal in a manner that allows for surveillance,
control, and subsequent retrieval.
Sec. 3748.02. (A) The department of health
is hereby designated the Ohio radiation control agency. (B) In accordance with the laws of this state,
the director of health may employ, compensate, and prescribe the
duties of individuals necessary to implement and administer this
chapter and the the rules adopted under it.
Sec. 3748.04. The public health council, in accordance
with Chapter 119. of the Revised Code, shall
adopt and may amend or rescind rules doing all of the following: (A) Listing types of radioactive material for which licensure by its
handler is required and types of radiation-generating equipment for
which registration by its handler is required, and
establishing requirements governing them. Rules adopted under division
(A) of this section shall be compatible with applicable federal
regulations and shall establish all of the following, without limitation: (1) Requirements governing both of the following: (a) The licensing and inspection of handlers of
radioactive material. Standards established in rules adopted
under division (A)(1)(a) of this section regarding
byproduct material or any activity that results in the production
of that material, to the extent practicable, shall be equivalent
to or more stringent than applicable standards established by the
United States nuclear regulatory commission. (b) The registration and inspection of handlers of
radiation-generating equipment. Standards established in rules
adopted under division (A)(1)(b) of this
section, to the extent practicable, shall be equivalent to
applicable standards established by the food and drug
administration in the United States department of
health and human services. (2) Identification of and requirements governing
possession and use of specifically licensed and generally
licensed quantities of radioactive material as either sealed
sources or unsealed sources; (3) A procedure for the issuance of and the frequency
of renewal of the licenses of handlers of radioactive material,
other than a license for a facility for the disposal of low-level
radioactive waste, and of the certificates of registration of
handlers of radiation-generating equipment; (4) Procedures for suspending and revoking the licenses
of handlers of radioactive material and the certificates of
registration of handlers of radiation-generating equipment; (5) Criteria to be used by the director of health in
amending the license of a handler of radioactive material or the
certificate of registration of a handler of radiation-generating
equipment subsequent to its issuance; (6) Criteria for achieving and maintaining compliance
with this chapter and rules adopted under it by licensees and
registrants; (7) Criteria governing environmental monitoring of
licensed and registered activities to assess compliance with this
chapter and rules adopted under it; (8) Except as otherwise provided in division (A)(8)
of this section, fees for the licensing of handlers of radioactive
material, other than a facility for the disposal of low-level
radioactive waste, and the registration of handlers of
radiation-generating equipment and a fee schedule for their
inspection. Rules adopted under division (A)(8) of
this section shall not revise any fees established in section 3748.07 or
3748.13 of the Revised Code to
be paid by any handler of radiation-generating equipment that is a medical
practitioner or a corporation,
partnership, or other business entity consisting of medical practitioners,
other than a hospital as defined in section 3727.01 of the Revised Code. As used in division (A)(8) of this section, "medical practitioner"
means a person who is authorized to practice dentistry pursuant to
Chapter 4715. of the Revised Code; medicine and surgery, osteopathic medicine
and surgery, or podiatry pursuant to Chapter 4731. of the Revised Code; or
chiropractic pursuant to Chapter 4734. of the Revised Code. (B)(1) Identifying sources of radiation, circumstances of
possession, use, or disposal of sources of radiation, and levels
of radiation that constitute an unreasonable or unnecessary risk
to human health or the environment; (2) Establishing requirements for the achievement and
maintenance of compliance with standards for the receipt,
possession, use, storage, installation, transfer, servicing, and
disposal of sources of radiation to prevent levels of radiation
that constitute an unreasonable or unnecessary risk to human
health or the environment; (3) Requiring the maintenance of records on the
receipt, use, storage, transfer, and disposal of radioactive
material and on the radiological safety aspects of the use and
maintenance of radiation-generating equipment. In adopting rules under divisions (A) and (B) of this
section, the council shall use standards
no less stringent than the "suggested state regulations for control of
radiation" prepared by the
conference of radiation control program directors, inc., and regulations
adopted by the United States nuclear regulatory commission, the United
States environmental
protection agency, and the United States department of health and
human services and shall consider reports of the national council on
radiation protection
and measurement and the relevant standards of the American
national standards institute. (C) Establishing fees, procedures, and
requirements for certification as a radiation expert, including all of the
following, without limitation: (1) Minimum training and experience requirements; (2) Procedures for applying for certification; (3) Procedures for review of applications and issuance of
certificates; (4) Procedures for suspending and revoking certification. (D) Establishing a schedule for inspection of sources of
radiation and their shielding and surroundings; (E) Establishing the responsibilities of a
radiation expert; (F) Establishing criteria for quality
assurance programs for licensees of radioactive material and
registrants of radiation-generating equipment; (G) Establishing fees to be paid by any
facility that, on September 8, 1995, holds a
license from the United States nuclear regulatory
commission in order to provide moneys necessary for the transfer of
licensing and other regulatory authority from the commission to
the state pursuant to section 3748.03 of the Revised
Code. Rules adopted under this division shall stipulate
that fees so established do not apply to any functions dealing
specifically with a facility for the disposal of low-level
radioactive waste. Fees collected under this division shall be deposited
into the state treasury to the credit of the general operations fund created
in section 3701.83 of the Revised Code. The fees shall be used solely to
administer and enforce this chapter and rules adopted under it. (H) Establishing fees to be collected annually
from generators of low-level radioactive waste, which shall be
based upon the volume and radioactivity of the waste generated and the costs
of administering low-level radioactive waste management activities under this
chapter and rules adopted under it. All fees collected under this division
shall be
deposited into the state treasury to the credit of the general operations fund
created in section 3701.83 of the Revised Code. The fees shall be used solely
to administer
and enforce this chapter and rules adopted under it. Any fee required under
this division that has not been paid within ninety days after the invoice date
shall be assessed at two times the original invoiced fee. Any fee that has
not been paid within one hundred eighty days after the invoice date shall be
assessed at five times the original invoiced fee. (I) Establishing requirements governing
closure, decontamination, decommissioning, reclamation, and
long-term surveillance and care of a facility licensed under this
chapter and rules adopted under it. Rules adopted under division
(I) of this section shall include, without limitation,
all of the following: (1) Standards and procedures to ensure that a licensee
prepares a decommissioning funding plan that provides an adequate
financial guaranty to permit the completion of all requirements
governing the closure, decontamination, decommissioning, and
reclamation of sites, structures, and equipment used in
conjunction with a licensed activity; (2) For licensed activities where radioactive material
that will require surveillance or care is likely to remain at the
site after the licensed activities cease, as indicated in the
application for the license submitted under section 3748.07 of
the Revised Code, standards and procedures to
ensure that the licensee prepares an additional decommissioning
funding plan for long-term surveillance and care, before
termination of the license, that provides an additional adequate
financial guaranty as necessary to provide for that surveillance
and care; (3) For the purposes of the decommissioning funding
plans required in rules adopted under divisions (I)(1)
and (2) of this section, the types of acceptable financial
guaranties, which shall include bonds issued by fidelity or
surety companies authorized to do business in the state,
certificates of deposit, deposits of government securities,
irrevocable letters or lines of credit, trust funds, escrow
accounts, or other similar types of arrangements, but shall not
include any arrangement that constitutes self-insurance; (4) A requirement that the decommissioning funding
plans required in rules adopted under divisions (I)(1) and (2) of
this section contain financial guaranties in amounts sufficient
to ensure compliance with any standards established by the
United States nuclear regulatory commission, or
by the state if it has become an agreement state pursuant to
section 3748.03 of the Revised Code, pertaining
to closure, decontamination, decommissioning, reclamation, and
long-term surveillance and care of licensed activities and sites
of licensees. Standards established in rules adopted under division
(I) of this section regarding any activity that resulted
in the production of byproduct material, as defined in division
(A)(2) of section 3748.01 of the Revised Code, to the extent practicable,
shall be equivalent to or more stringent than
standards established by the United States
nuclear regulatory commission for sites at which ores were
processed primarily for their source material content and at
which byproduct material, as defined in division (A)(2) of section
3748.01 of the Revised Code, is deposited. (J) Establishing criteria governing inspections
of a facility for the disposal of low-level radioactive waste,
including, without limitation, the establishment of a resident
inspector program at such a facility; (K)(K) Establishing requirements and procedures
governing the filing of complaints under section 3748.16 of the
Revised Code, including, without limitation,
those governing intervention in a hearing held under division
(B)(3) of that section.
Sec. 3748.05. (A) The director of health
shall do all of the following: (1) Administer and enforce this chapter and the the rules
adopted under it; (2) Collect and make available information relating to
sources of radiation; (3) Ensure the review of plans and specifications,
submitted in accordance with rules adopted by the public health
council, for the control of radiation that constitutes an
unreasonable or unnecessary risk to human health or the environment; (4) Review reports of quality assurance audits
performed by certified radiation experts under this chapter and the the
rules adopted under it; (5) Ensure that programs for the control of sources of
radiation are developed with due regard for compatibility with
federal programs for the regulation of byproduct, source, and
special nuclear materials; (6) In accordance with Chapter 119. of the
Revised Code, adopt, and subsequently may amend
and rescind, rules providing for the administrative assessment
and collection of monetary penalties for failure by any facility
licensed under this chapter and rules adopted under it to comply
with this chapter and those rules. The director may require the
submission of compliance schedules and other related
information. Any orders issued or payments or other requirements
imposed pursuant to rules adopted under division (A)(6)
of this section shall not affect any civil or criminal
enforcement proceeding brought under this chapter or any other
provision of state or local law. Moneys collected as
administrative penalties imposed pursuant to rules adopted under
division (A)(6) of this section shall be deposited in the
state treasury to the credit of the general operations fund
created in section 3701.83 of the Revised Code.
The moneys shall be used solely to administer and enforce this chapter and the
rules adopted under it. (7) Maintain files of both of the following: (a) All license and registration applications,
issuances, denials, amendments, renewals, suspensions, and
revocations and any administrative or judicial action pertaining
to them; (b) All rules adopted under this chapter, or
proposed to be adopted, relating to the regulation of sources of
radiation and proceedings on them. (B) The director may do any or all of the
following: (1) Advise, consult, and cooperate with other agencies
of the state, the federal government, other states, interstate
agencies, political subdivisions, industries, and other affected
groups in furtherance of the purposes of this chapter and the the rules
adopted under it; (2) Accept and administer grants from the federal
government and from other sources, public or private, for
carrying out any of the director's functions under this
chapter and the the rules
adopted under it; (3) Encourage, participate in, or conduct studies,
investigations, training, research, and demonstrations relating
to the detection and control of radiation that constitutes an
unreasonable or unnecessary risk to human health or the environment, the
measurement
of radiation, the evaluation of potential effects on health of
cumulative or acute exposure to radiation, the development and improvement of
methods to limit and reduce the generation of radioactive waste, and related
problems
as the director considers necessary or advisable; (4) In accordance with Chapter 119. of the Revised Code, adopt rules
establishing criteria under which other agencies of the state or private
entities may perform inspections of x-ray equipment at registered dental
facilities facilities at the request of the facility or pursuant
to contract with the
department; (5) Exercise all incidental powers necessary to carry
out the purposes of this chapter and the the rules adopted under it,
including, without limitation, the issuance of orders.
Sec. 3748.16. (A)(1) The director of health shall conduct regular
inspections of the facility for the disposal of low-level radioactive waste in
accordance with rules adopted under division (J)(J) of section 3748.04 of
the Revised Code and, in accordance with those rules, shall
provide for at least one resident inspector at the facility. (2) Concentrations of radioactive materials released into the environment
during operation, closure, institutional control, and long-term care of the
facility shall be kept as low as are reasonably achievable and shall not exceed
levels established in rules adopted under division (A)(7) of section
3748.04 of the Revised Code or the standards set forth in 10
C.F.R. 61.41, whichever are more stringent. The
director shall establish a
program to monitor concentrations of radioactive materials so released and
shall conduct an investigation if monitoring results indicate concentrations
of radioactive materials at levels that are greater than the established
background for a monitoring point to determine the source of the increased radiation level. (B)(1) An officer of an agency of the state or of a political
subdivision, acting in the officer's representative capacity, or any person
may file a
written complaint with the director, in accordance with rules adopted under
division (K)(K) of section 3748.04 of the Revised
Code,
regarding the failure or alleged failure of the facility for the disposal of
low-level radioactive waste to comply with health or safety requirements
established under this chapter or Chapter 3747. of the
Revised Code or rules adopted under them. The complaint
shall be verified by an affidavit of the complainant or the complainant's
agent or attorney. The affidavit may be made before any person authorized by
law to administer oaths and shall be signed by the officer or person who makes
it. The person before whom it was taken shall certify that it was sworn to
before that person and signed in that person's presence, and the certificate
signed officially by that person shall be evidence that the affidavit was
made, that the name of the officer or person was written by that officer or
person, and that the signer was that officer or person. (2) Upon receipt of a complaint under division (B)(1) of this
section, the director shall cause a prompt investigation to be conducted as is
reasonably necessary to determine whether the facility has failed or is
failing
to comply with the health or safety requirements identified in the complaint.
The investigation shall include a discussion of the complaint with the
contractor. (3) The director may hold a hearing on the complaint. Not less than
twenty
days before the hearing, the director shall cause publication of a notice of
the hearing in the county in which the facility is located and shall mail
written notice by certified mail, return receipt requested, to the complainant
and to the contractor. The hearing shall be conducted before the director or
a
hearing examiner designated by the director. The department of health and the
contractor shall be parties. The complainant may participate as a party by
filing with the director, at any time prior to the hearing, a written notice
of the complainant's intent to participate. Any other person may be permitted
to intervene
upon the granting by the director or hearing examiner of a motion to intervene
filed in accordance with rules
adopted under division (K)(K) of section 3748.04 of the Revised
Code. If the director does not hold a hearing, the director shall provide an
opportunity to the complainant and the contractor to attend a conference with
the director
concerning the complaint. (4) Following the completion of the investigation under division
(B)(2) of this section and the hearing or conference under division
(B)(3) of this section, if the director determines that the facility
is in compliance with the health or safety requirements identified in the
complaint, the director shall dismiss the complaint. If the director
determines that the facility
is not in compliance with those requirements, the director shall issue an
order under division (B)(4) of section
3748.05 of the Revised Code requiring the contractor to
bring
the facility into compliance and to submit a written discussion of how that
will be accomplished. The director also may do any or all of the following: (a) Suspend or revoke the facility's license in accordance with
rules adopted under division (A) of section 3748.04 of the
Revised Code; (b) Issue an order assessing an administrative penalty in
accordance with rules adopted under division (A)(6) of section
3748.05 of the Revised Code; (c) Request the attorney general, in writing, to commence
appropriate legal proceedings, including a civil action for imposition of a
civil penalty under section 3748.19 of the Revised Code and
criminal prosecution. (C) If the director suspends or revokes the license of the
facility for the disposal of low-level radioactive waste for any reason in
accordance with rules adopted under division (A) or (B) of
section 3748.04
of
the Revised Code, the contractor shall indemnify the state
for any loss suffered by the state as a result of the lack of disposal
capacity
for low-level radioactive waste that otherwise would have been disposed of at
the facility. (D) The provisions of division (A) of this section
establishing requirements governing the director and divisions (B)
and
(C) of this section apply only if the state becomes an agreement
state
pursuant to section 3748.03 of the Revised Code.
Sec. 3929.482. (A) The Ohio fair plan underwriting association by action
of its board of governors, with the approval of the
superintendent of insurance, is authorized to enter into a
contract with the Ohio mine subsidence insurance underwriting
association to provide administrative and claims adjusting
services required by it. Such contract shall provide
indemnification by the Ohio mine subsidence insurance
underwriting association to the Ohio fair plan underwriting
association, its members, members of its board of governors, and its and its
officers, employees, and agents against all liability, loss, and
expense resulting from acts done or omitted in good faith in
performing such contract. Such contract shall also provide that
the Ohio fair plan underwriting association will be reimbursed
for its actual expenses incurred in performing such services.
Common expenses applicable both to the Ohio fair plan and to the
mine subsidence insurance underwriting association shall be
allocated between them on an equitable basis approved by the
superintendent of insurance. (B)(B) The Ohio fair plan underwriting association by action
of its board of governors, with the approval of the
superintendent of insurance, is authorized to enter into a
contract with the Ohio commercial joint underwriting association
to provide administrative and claims adjusting services required
by it. Such contract shall provide indemnification by the Ohio
commercial joint underwriting association to the Ohio fair plan
underwriting association, its members, members of its board of
governors, and its and its officers, employees, and agents against all liability,
loss, and expenses resulting from acts done or omitted in good
faith in performing such contract. Such contract shall also
provide that the Ohio fair plan underwriting association will be
reimbursed for its actual expenses incurred in performing such
services. Common expenses applicable both to the Ohio fair plan
and to the Ohio commercial joint underwriting association shall
be allocated between them on an equitable basis approved by the
superintendent of insurance.
Sec. 3929.85. No insurer licensed to carry on the business
of insurance in this state that is required by law to contribute
to or or participate in, or that that can be assessed by the Ohio
insurance guaranty association pursuant to sections 3955.01 to
3955.19 of the Revised Code, or by the plan for apportionment of
applicants for motor vehicle insurance pursuant to section
4509.70 of the Revised Code, or by the Ohio fair plan
underwriting association pursuant to sections 3929.43 to 3929.61
of the Revised Code, or
by the Ohio commercial insurance joint underwriting association
pursuant to sections 3930.03 to 3930.18 of the Revised Code shall
in any calendar year be required to contribute to, participate
in, or be assessed by any one or more of those those plans
or associations in an amount or amounts totaling in excess of two
and one-half per cent of its net direct Ohio premium volume for
the year next preceding the year in which the assessment or
assessments are made or the contributions or participations are
required.
Sec. 3931.01. Individuals, partnerships, and corporations
of this state, designated in sections 3931.01 to 3931.12 of the
Revised Code, as "subscribers," may exchange reciprocal or
interinsurance contracts with each other, and with individuals,
partnerships, and corporations of other states, districts,
provinces, and countries, providing indemnity among themselves
from any loss which may be legally insured against by any fire or
casualty insurance company or association provided that contracts
of indemnity against property damage and bodily injury arising
out of the ownership, maintenance or use of a singly owned
private passenger automobile principally used for nonbusiness
purposes may not be exchanged through a reciprocal insurer which
maintains a surplus over all liabilities of less than two and
one-half million dollars and provided that this exception shall
not prohibit the exchanging of contracts of indemnity against any
form of liability otherwise authorized and arising out of any
business or commercial enterprise. Such contracts and the
exchange thereof and such subscribers, their attorneys, and
representatives shall be regulated by such sections, and no law
enacted after July 4, 1917, shall apply to them, unless they are
expressly designated therein. Such a contract may be executed by an attorney or other
representative designated "attorney," in sections 3931.01 to
3931.12 of the Revised Code, authorized by and acting for such
subscribers under powers of attorney. Such attorney may be a
corporation. The principal office of such attorney shall be
maintained at the place designated by the subscribers in the
powers of attorney. Except for such limitations on assessability as are
approved by the superintendent of insurance, every reciprocal or
interinsurance contract written pursuant to this chapter for
medical malpractice insurance shall be fully assessable and
shall contain a statement, in boldface capital letters and in
type more prominent than that of the balance of the contract,
setting forth such terms of assessability assessability. As used in this section, "medical malpractice insurance" means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death, disease, or injury of any person as the result of negligence or malpractice in rendering professional service by any licensed physician, podiatrist, or hospital, as those terms are defined in section 2305.113 of the Revised Code. As used in this section, "medical malpractice insurance" means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death, disease, or injury of any person as the result of negligence or malpractice in rendering professional service by any licensed physician, podiatrist, or hospital, as those terms are defined in section 2305.113 of the Revised Code.
Sec. 3955.05. Sections 3955.01 to 3955.19 of the Revised
Code apply to all kinds of direct insurance, except: (B) Fidelity or surety bonds, or any other bonding
obligations; (C) Credit insurance, vendors' single interest insurance,
collateral protection insurance, or any similar insurance
protecting the interests of a creditor arising out of a
creditor-debtor transaction; (D) Mortgage guaranty, financial guaranty, residual value,
or other forms of insurance offering protection against investment risks; (E) Ocean marine insurance; (F) Any insurance provided by or guaranteed by government,
including, but not limited to, any department, board, office,
commission, agency, institution, or other instrumentality or
entity of any branch of state government, any political
subdivision of this state, the United States or any agency of the
United States, or any separate or joint governmental
self-insurance or risk-pooling program, plan, or pool; (G) Contracts of any corporation by which health services
are to be provided to its subscribers; (H) Life, annuity, health, or disability insurance,
including sickness and accident insurance written pursuant to
Chapter 3923. of the Revised Code; (I) Fraternal benefit insurance; (J) Mutual protective insurance of persons or property; (K) Reciprocal or interinsurance contracts written
pursuant to Chapter 3931. of the Revised Code for medical
malpractice insurance. As used in this division, "medical malpractice insurance" means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death, disease, or injury of any person as the result of negligence or malpractice in rendering professional service by any licensed physician, podiatrist, or hospital, as those terms are defined in section 2305.113 of the Revised Code.. As used in this division, "medical malpractice insurance" means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death, disease, or injury of any person as the result of negligence or malpractice in rendering professional service by any licensed physician, podiatrist, or hospital, as those terms are defined in section 2305.113 of the Revised Code. (L) Any political subdivision self-insurance program or
joint political subdivision self-insurance pool established under
Chapter 2744. of the Revised Code; (M) Warranty or service contracts, or the insurance of
those those contracts; (N) Any state university or college self-insurance program
established under section 3345.202 of the Revised Code; (O) Any transaction, or combination of transactions,
between a person, including affiliates of such person, and an
insurer, including affiliates of such insurer, that involves the
transfer of investment or credit risk unaccompanied by a transfer
of insurance risk; (P) Credit union share guaranty insurance issued pursuant
to Chapter 1761. of the Revised Code; (Q) Insurance issued by risk retention groups as defined
in Chapter 3960. of the Revised Code; (R) Workers' compensation insurance, including any
contract indemnifying an employer who pays compensation directly
to employees.
Sec. 3960.06. (A) A purchasing group and its insurer or
insurers are subject to all applicable laws of this state, except
that a purchasing group and its insurer or insurers, in regard to
liability insurance for the purchasing group, are exempt from any
law that does any of the following: (1) Prohibits the establishment of a purchasing group; (2) Makes it unlawful for an insurer to provide or offer
to provide insurance on a basis providing, to a purchasing group
or its members, advantages based on their loss and expense
experience not afforded to other persons with respect to rates,
policy forms, coverages, or other matters; (3) Prohibits a purchasing group or its members from
purchasing insurance on a group basis described in division
(A)(2) of this section; (4) Prohibits a purchasing group from obtaining insurance
on a group basis because the group has not been in existence for
a minimum period of time or because any member has not belonged
to the group for a minimum period of time; (5) Requires that a purchasing group have a minimum number
of members, common ownership or affiliation, or a certain legal
form; (6) Requires that a certain percentage of a purchasing
group obtain insurance on a group basis; (7) Otherwise discriminates against a purchasing group or
any of its members; (8) Requires that any insurance policy issued to a
purchasing group or any of its members be countersigned by an
insurance agent or broker residing in this state. (B) The superintendent of insurance may require or exempt
a risk retention group from participation in any joint
underwriting association established under section
3930.03 or in the plan established under section 4509.70 of the
Revised Code. Any risk retention group that is required to
participate under this division shall submit sufficient
information to the superintendent to enable the
superintendent the
superintendent to apportion on a
nondiscriminatory basis the risk retention group's proportionate
share of losses and expenses.
Sec. 4117.01. As used in this chapter: (A) "Person," in addition to those included in division
(C)
of section 1.59 of the Revised Code, includes employee
organizations, public employees, and public employers. (B) "Public employer" means the state or any political
subdivision of the state located entirely within the state,
including, without limitation, any municipal corporation with a
population of at least five thousand according to the most recent
federal decennial census; county; township with a population of
at
least five thousand in the unincorporated area of the township
according to the most recent federal decennial census; school
district; governing authority of a community school established
under Chapter
3314. of the Revised Code; state institution of
higher learning; public or
special district; state agency,
authority, commission, or
board; or other branch of public
employment. (C) "Public employee" means any person holding a position
by
appointment or employment in the service of a public employer,
including any person working pursuant to a contract between a
public employer and a private employer and over whom the national
labor relations board has declined jurisdiction on the basis that
the involved employees are employees of a public employer,
except: (1) Persons holding elective office; (2) Employees of the general assembly and employees of any
other legislative body of the public employer whose principal
duties are directly related to the legislative functions of the
body; (3) Employees on the staff of the governor or the chief
executive of the public employer whose principal duties are
directly related to the performance of the executive functions of
the governor or the chief executive; (4) Persons who are members of the Ohio organized militia,
while training or performing duty under section 5919.29 or 5923.12
of the
Revised Code; (5) Employees of the state employment relations board; (6) Confidential employees; (7) Management level employees; (8) Employees and officers of the courts, assistants to
the
attorney general, assistant prosecuting attorneys, and
employees
of the clerks of courts who perform a judicial
function; (9) Employees of a public official who act in a fiduciary
capacity, appointed pursuant to section 124.11 of the Revised
Code; (11) Students whose primary purpose is educational
training,
including graduate assistants or associates, residents,
interns,
or other students working as part-time public employees
less than
fifty per cent of the normal year in the employee's
bargaining
unit; (12) Employees of county boards of election; (13) Seasonal and casual employees as determined by the
state employment relations board; (14) Part-time faculty members of an institution of higher
education; (15) Employees of the state personnel board of review; (16) Participants
in a work activity,
developmental
activity, or alternative work activity under sections 5107.40 to
5107.69
of the
Revised Code who perform a
service for a public
employer that the public employer needs but is not
performed by an
employee of the public employer
if the participant is
not engaged
in paid employment or subsidized employment pursuant to the
activity; (17)(17) Employees included in the career professional service
of the department
of transportation under section 5501.20 of the
Revised Code;
(18)(18) Employees who must be licensed to practice law in this
state to perform their duties as employees.
(D) "Employee organization" means any labor or bona fide
organization in which public employees participate and that
exists
for the purpose, in whole or in part, of dealing with
public
employers concerning grievances, labor disputes, wages,
hours,
terms, and other conditions of employment. (E) "Exclusive representative" means the employee
organization certified or recognized as an exclusive
representative under section 4117.05 of the Revised Code. (F) "Supervisor" means any individual who has authority,
in
the interest of the public employer, to hire, transfer,
suspend,
lay off, recall, promote, discharge, assign, reward, or
discipline
other public employees; to responsibly direct them; to
adjust
their grievances; or to effectively recommend such action,
if the
exercise of that authority is not of a merely routine or
clerical
nature, but requires the use of independent judgment,
provided
that: (1) Employees of school districts who are department
chairpersons or consulting teachers shall not be deemed
supervisors; (2) With respect to members of a police or fire
department,
no person shall be deemed a supervisor except the
chief of the
department or those individuals who, in the absence
of the chief,
are authorized to exercise the authority and
perform the duties of
the chief of the department. Where prior
to June 1, 1982, a
public employer pursuant to a judicial
decision, rendered in
litigation to which the public employer was
a party, has declined
to engage in collective bargaining with
members of a police or
fire department on the basis that those
members are supervisors,
those members of a police or fire
department do not have the
rights specified in this chapter for
the purposes of future
collective bargaining. The state
employment relations board shall
decide all disputes concerning
the application of division (F)(2)
of this section. (3) With respect to faculty members of a state institution
of higher education, heads of departments or divisions are
supervisors; however, no other faculty member or group of faculty
members is a supervisor solely because the faculty member or
group
of faculty members participate in decisions with respect to
courses, curriculum, personnel, or other matters of academic
policy; (4) No teacher as defined in section 3319.09 of the
Revised
Code shall be designated as a supervisor or a management
level
employee unless the teacher is employed under a contract governed
by
section 3319.01, 3319.011, or 3319.02 of the Revised Code and
is assigned to a position for which a
license deemed to be for
administrators under state board rules is
required pursuant to
section 3319.22 of the Revised Code. (G) "To bargain collectively" means to perform the mutual
obligation of the public employer, by its representatives, and
the
representatives of its employees to negotiate in good faith
at
reasonable times and places with respect to wages, hours,
terms,
and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a
collective
bargaining agreement, with the intention of reaching
an agreement,
or to resolve questions arising under the
agreement. "To bargain
collectively" includes executing a written contract
incorporating
the terms of any agreement reached. The obligation
to bargain
collectively does not mean that either party is
compelled to agree
to a proposal nor does it require the making
of a concession. (H) "Strike" means continuous concerted action in failing to
report
to duty; willful absence from one's position; or stoppage
of work in
whole from the full, faithful, and proper performance
of the duties of
employment, for the purpose of inducing,
influencing, or coercing a change in
wages, hours, terms, and
other conditions of employment. "Strike" does not
include a
stoppage of work by employees in good faith because of dangerous
or
unhealthful working conditions at the place of employment that
are abnormal to
the place of employment. (I) "Unauthorized strike" includes, but is not limited to,
concerted
action during the term or extended term of a collective
bargaining agreement
or during the pendency of the settlement
procedures set forth in section
4117.14 of the Revised Code in
failing to report to duty; willful absence from
one's position;
stoppage of work; slowdown, or abstinence in whole or in part
from
the full, faithful, and proper performance of the duties of
employment
for the purpose of inducing, influencing, or coercing a
change in wages,
hours, terms, and other conditions of employment.
"Unauthorized strike"
includes any such action, absence, stoppage,
slowdown, or abstinence when done
partially or intermittently,
whether during or after the expiration of the
term or extended
term of a collective bargaining agreement or during or after
the
pendency of the settlement procedures set forth in section 4117.14
of the
Revised Code. (J) "Professional employee" means any employee engaged in
work that is predominantly intellectual, involving the
consistent
exercise of discretion and judgment in its performance
and
requiring knowledge of an advanced type in a field of science
or
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished
from a general academic education or from an apprenticeship; or
an
employee who has completed the courses of specialized
intellectual
instruction and is performing related work under the
supervision
of a professional person to become qualified as
a professional
employee. (K) "Confidential employee" means any employee who works
in
the personnel offices of a public employer and deals with
information to be used by the public employer in collective
bargaining; or any employee who works in a close continuing
relationship with public officers or representatives directly
participating in collective bargaining on behalf of the employer. (L) "Management level employee" means an individual who
formulates policy on behalf of the public employer, who
responsibly directs the implementation of policy, or who may
reasonably be required on behalf of the public employer to assist
in the preparation for the conduct of collective negotiations,
administer collectively negotiated agreements, or have a major
role in personnel administration. Assistant superintendents,
principals, and assistant principals whose employment is governed
by section 3319.02 of the Revised Code are management level
employees. With respect to members of a faculty of a state
institution of higher education, no person is a management level
employee because of the person's involvement in the formulation or
implementation of academic or institution policy. (M) "Wages" means hourly rates of pay, salaries, or other
forms of compensation for services rendered. (N) "Member of a police department" means a person who is
in
the employ of a police department of a municipal corporation
as a
full-time regular police officer as the result of
an appointment
from a duly established civil service eligibility
list or under
section 737.15 or 737.16 of the Revised Code, a
full-time deputy
sheriff appointed under section 311.04 of the
Revised Code, a
township constable appointed under section
509.01 of the Revised
Code, or a member of a township police
district police department
appointed under section 505.49 of the
Revised Code. (O) "Members of the state highway patrol" means highway
patrol troopers and radio operators appointed under section
5503.01 of the Revised Code. (P) "Member of a fire department" means a person who is in
the employ of a fire department of a municipal corporation or a
township as a fire cadet, full-time regular firefighter, or
promoted rank as the result of an appointment from a duly
established civil
service eligibility list or under section
505.38, 709.012, or 737.22 of the
Revised Code. (Q) "Day" means calendar day.
Sec. 4121.442. (A) The administrator of workers' compensation administrator of workers' compensation shall develop
standards for qualification of health care plans of the Ohio
workers' compensation qualified health plan system to provide
medical, surgical, nursing, drug, hospital, and rehabilitation
services and supplies to an employee for an injury or
occupational disease that is compensable under this chapter or
Chapter 4123., 4127., or 4131. of the Revised Code. In adopting
the standards, the administrator administrator shall use nationally recognized
accreditation standards. The standards the administrator administrator adopts must
provide that a qualified plan provides for all of the following: (1) Criteria for selective contracting of health care
providers; (2) Adequate plan structure and financial stability; (3) Procedures for the resolution of medical disputes
between an employee and an employer, an employee and a provider,
or an employer and a provider, prior to an appeal under section
4123.511 of the Revised Code; (4) Authorize employees who are dissatisfied with the
health care services of the employer's qualified plan and do not
wish to obtain treatment under the provisions of this section, to
request the administrator for referral to a health care provider
in the bureau's health care partnership program. The
administrator must refer all requesting employees into the health
care partnership program. (5) Does not discriminate against any category of health
care provider; (6) Provide a procedure for reporting injuries to the
bureau of workers' compensation and to employers by providers
within the qualified plan; (7) Provide appropriate financial incentives to reduce
service costs and utilization without sacrificing the quality of
service; (8) Provide adequate methods of peer review, utilization
review, quality assurance, and dispute resolution to prevent and
provide sanctions for inappropriate, excessive, or not medically
necessary treatment; (9) Provide a timely and accurate method of reporting to
the administrator necessary information regarding medical and
health care service and supply costs, quality, and utilization to
enable the administrator to determine the effectiveness of the
plan; (10) Authorize necessary emergency medical treatment for
an injury or occupational disease provided by a health care
provider who is not a part of the qualified health care plan; (11) Provide an employee the right to change health care
providers within the qualified health care plan; (12) Provide for standardized data and reporting
requirements; (13) Authorize necessary medical treatment for employees
who work in Ohio but reside in another state. (B)(B) Health care plans that meet the approved qualified
health plan standards shall be considered qualified plans and are
eligible to become part of the Ohio workers' compensation
qualified health plan system. Any employer or group of employers
may provide medical, surgical, nursing, drug, hospital, and
rehabilitation services and supplies to an employee for an injury
or occupational disease that is compensable under this chapter or
Chapter 4123., 4127., or 4131. of the Revised Code through a
qualified health plan.
Sec. 4167.09. (A) Any public employer affected by a
proposed rule or Ohio employment risk reduction standard or any
provision of a standard of a standard proposed under section 4167.07 or
4167.08 of
the Revised Code may apply to the director of
commerce for an
order granting a temporary
variance from the standard or provision. The application
for the order and any extension of the order of the order shall contain a
reasonable application fee, as determined by the public
employment risk reduction advisory commission, and all of the
following information: (1) A specification of the Ohio public employment risk
reduction standard or provision of it provision of it from which the public
employer seeks the temporary variance; (2) A representation by the public employer, supported by
representations from qualified persons having firsthand knowledge
of the facts represented, that the public employer is unable to
comply with the Ohio employment risk reduction standard or
provision of it provision of it and a detailed statement of the reasons for the inability to comply; for the inability to comply; (3) A statement of the steps that the public employer has
taken and will take, with dates specified, to protect employees
against the hazard covered by the standard; (4) A statement of when the public employer expects to be
able to comply fully with the Ohio employment risk reduction
standard and what steps the public employer has taken and
will take, with dates
specified, to come into full compliance with the standard; (5) A certification that the public employer has informed
the public employer's public employees of the application by
giving a copy of the
application to the public employee representative, if any, and by
posting a statement giving a summary of the application and
specifying where a copy of the application may be examined at the
place or places where notices to public employees are normally
posted, and by any other appropriate means of public employee
notification. The public employer also shall shall inform the public
employer's public
employees of their rights to a hearing under section 4167.15 of
the Revised Code. The certification also shall contain a
description of how public employees have been informed of the
application and of their rights to a hearing. (B) The director shall issue an order providing
for
a temporary variance if the public employer files an application
that meets the requirements of division (A) of this section and
establishes that all of the following pertaining to the public
employer are true: (1) The public employer is unable to comply with the Ohio
employment risk
reduction standard or a provision of it of it by its effective date
because of the unavailability of professional or technical
personnel or of materials and equipment needed to come into
compliance with the Ohio employment risk reduction standard or
provision of it of it or because necessary construction or alteration
of facilities cannot be completed by the effective date of the
standard. (2) The public employer is taking all available steps to
safeguard the public employer's public employees against the
hazards covered by the Ohio
employment risk reduction standard. (3) The public employer has an effective program for coming
into compliance
with the Ohio employment risk reduction standard as quickly as
practicable. (4) The granting of the variance will not create an
imminent danger of death or serious physical harm to public
employees. (C)(1) If the director issues an order providing
for
a temporary variance under division (B) of this section, the
director shall prescribe the practices, means,
methods,
operations, and
processes that the public employer must adopt and use while the
order is in effect and state in detail the public employer's
program for coming into compliance with the Ohio employment risk
reduction standard. The director may issue the
order
only after
providing notice to affected public employees and their public
employee representative, if any, and an opportunity for a hearing
pursuant to section 4167.15 of the Revised Code, provided that
the director may issue one interim order granting
a
temporary
order
to be effective until a decision on a hearing is made. Except as
provided in division (C)(2) of this section, no temporary
variance may be in effect for longer than the period needed by
the public employer to achieve compliance with the Ohio
employment risk reduction standard or one year, whichever is
shorter. (2) The director may renew an order issued under
division (C)
of this section up to two times provided that the requirements of
divisions (A), (B), and (C)(1) of this section and section
4167.15 of the Revised Code are met and the public employer files
an application for renewal with the director at
least
ninety days
prior to the expiration date of the order. (D) Any public employer affected by an Ohio employment
risk reduction standard or any provision of it of it proposed,
adopted, or otherwise issued under section 4167.07 or or
4167.08 of
the Revised Code may apply to the director for an
order granting a variance from the standard or provision provision. The
director shall provide affected public employees
and
their public employee
representative, if any, notice of the application and shall
provide an opportunity for a hearing pursuant to section 4167.15
of the Revised Code. The director shall issue the
order granting
the variance if the public employer files an application that
meets the requirements of division (B) of this section, and after
an opportunity for a hearing pursuant to section 4167.15 of the
Revised Code, and if the public employer establishes to the
satisfaction of the director that the conditions,
practices, means, methods, operations, or processes used or proposed to be
used by the public employer will provide employment and
places of employment to the public employer's public
employees that are as safe and healthful as those that
would prevail if the public employer complied with the Ohio
employment risk
reduction standard. The director shall prescribe
in
the order
granting the variance the conditions the public employer must
maintain, and the practices, means, methods, operations, and
processes the public employer must adopt and utilize in lieu
of the Ohio
employment risk reduction standard that that would otherwise apply. The
director may modify or revoke the order upon
application of the
public employer, public employee, or public employee
representative, or upon the director's own motion in
the manner prescribed
for the issuance of an order under this division at any time
during six months after the date of issuance of the order.
Sec. 4167.25. As used in this section and sections 4167.27 and 4167.27 and
4767.28 of the Revised Code: (A) "Bloodborne pathogen" means a microorganism present in
human
blood that can cause disease in humans, including the human
immunodeficiency virus, hepatitis B virus, hepatitis C
virus,
and other pathogenic microorganisms. (B) "Engineered sharps injury protection" means either of
the
following: (1) A physical attribute built into a needle device used for withdrawing
body fluids, accessing a
vein or artery, or administering medications or other fluids that
effectively reduces the risk of an exposure incident by a mechanism such
as barrier creation, blunting, encapsulation, withdrawal,
retraction, destruction, or any other effective mechanism; (2) A physical attribute built into a type of needle device not
included in division (B)(1) of this section, or built into a
non-needle sharp, that effectively reduces the risk of an exposure incident. (C) "Exposure incident" means an occurrence of occupational
exposure to blood or other material potentially containing bloodborne
pathogens, including
exposure that occurs through a sharps injury. (D) "Needleless system" means a device that does not utilize
needles for the following: (1) Withdrawing body fluids after initial venous or arterial
access is established; (2) Administering medication or fluids; (3) Performing any other procedure involving potential exposure
incidents. (E) "Public health care worker" means a person who is
employed
by a public employer to provide health services that carry with them the
potential for exposure
incidents, including a person employed by a public hospital or
other public health care facility, a person employed by a public
employer to provide home health care, and a person employed by a
public employer as a firefighter, emergency medical
technician-basic, emergency medical technician-intermediate, or
emergency medical technician-paramedic. "Public health care
worker" does not include a person who is employed by a public
employer to provide dental services, treatment, or training or a
dental student who is receiving training from a public employer. (F) "Sharp" means an object used in or encountered
when providing health care
services that can be reasonably anticipated to penetrate the skin or any
other part of the body and result in an exposure incident, including objects
such as
needle devices, scalpels, lancets, and broken glass. (G) "Sharps injury" means an injury caused by a sharp, including
such injuries as cuts, abrasions, and needlesticks.
Sec. 4167.27. (A) The public employment risk reduction advisory
commission shall adopt a rule and Ohio employment risk reduction
standard for the prevention of exposure incidents. The initial rule and
standard shall be adopted not later than one hundred eighty days after October 5, 2000 October 5, 2000. (B) The commission shall provide advice to public employers
with
regard to their implementation of the requirements established by the rule and
standard adopted
under this section and the requirements of section 4167.28 of the
Revised Code.
Sec. 4731.143. (A) Each person holding a valid certificate
under this
chapter authorizing the certificate holder to practice
medicine and surgery,
osteopathic medicine and surgery, or
podiatric medicine and
surgery, who is not covered by medical
malpractice insurance shall
provide a patient with written notice of the
certificate holder's lack of that that
insurance coverage prior to
providing nonemergency professional services to
the patient. The
notice shall be provided alone on its own page. The notice
shall
provide space for the patient to acknowledge receipt of the
notice, and
shall be in the following form: Dr. ............... (here state the full name of the
certificate holder) is
not covered by medical malpractice
insurance. The undersigned acknowledges the receipt of this notice.
|
|
(Patient's Signature) |
|
|
|
(Date)" |
|
The certificate holder shall obtain the patient's
signature,
acknowledging the patient's receipt of the notice,
prior to
providing nonemergency professional services to the
patient. The
certificate holder shall maintain the signed notice
in the
patient's file. (B) This section does not apply to any officer or employee
of the
state, as those terms are defined in section 9.85 of the
Revised Code, who is
immune from civil liability under section
9.86 of the Revised Code or is
entitled to indemnification
pursuant to section 9.87 of the Revised Code, to
the extent that
the person is acting within the scope of the person's
employment
or official responsibilities. This section does not apply to a person who complies with
division
(B)(2) of section 2305.234 of the Revised Code.
(C) As used in this section, "medical malpractice insurance" means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death, disease, or injury of any person as the result of negligence or malpractice in rendering professional service by any licensed physician, podiatrist, or hospital, as those terms are defined in section 2305.113 of the Revised Code. (C) As used in this section, "medical malpractice insurance" means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death, disease, or injury of any person as the result of negligence or malpractice in rendering professional service by any licensed physician, podiatrist, or hospital, as those terms are defined in section 2305.113 of the Revised Code.
Sec. 4741.03. (A) The state veterinary medical licensing
board shall meet at least once in each calendar year and may hold
additional meetings as often as it considers necessary to conduct
the business of the board. The president of the board may call
special meetings,, and the executive secretary shall call special
meetings upon the written request of three members of the board.
The board shall organize by electing a president and
vice-president from its veterinarian members and such other
officers as the board prescribes by rule. Each officer shall
serve for a term specified by board rule or until a successor is
elected and qualified. A quorum of the board consists of four
members of which at least three are members who are
veterinarians. The concurrence of four members is necessary for
the board to take any action. (B) The board may appoint a person, not one of its
members, to serve as its executive secretary. The executive
secretary is in the unclassified service and serves at the
pleasure of the board. The executive secretary shall serve as
the board's secretary-treasurer ex officio. The board may employ
additional employees for professional, technical, clerical, and
special work as it considers necessary. The executive secretary
shall give a surety bond to the state in the sum the board
requires, conditioned upon the faithful performance of the
executive secretary's duties. The board shall pay the cost of
the bond. The executive secretary shall keep a complete
accounting of all funds received and of all vouchers presented by
the board to the director of budget and management for the
disbursement of funds. The president or executive secretary
shall approve all vouchers of the board. All money
received by the
board shall be credited to the occupational licensing and
regulatory fund. (C) In addition to any other duty required under this
chapter, the board shall do all of the following: (2) Hold at least one examination during each calendar
year for applicants for a license. The board shall provide
public notice of the time and place for the examination. The
examination for applicants for a license to practice veterinary
medicine shall be either written or oral, or both, as determined
by the board, and may include a practical demonstration. The
examination may include all subjects relevant to veterinary
medicine the board determines appropriate, including public
health and jurisprudence. (3) Keep a record of all of its meetings and proceedings; (4) Maintain a register that records all applicants for a
certificate of license or a temporary permit, all persons who
have been denied a license or permit, all persons who have been
granted or reissued a license or permit, and all persons whose
license or permit has been revoked or suspended. The register
shall also include a record of persons licensed prior to October
17, 1975. (5) Maintain a register, in such form as the board
determines by rule, of all colleges and universities that teach
veterinary medicine and that are approved by the board; (6) Enforce this chapter, and for that purpose, make
investigations relative as provided in section 4741.26 of the
Revised Code; (7) Issue licenses and permits to persons who meet the
qualifications set forth in this chapter; (8) Approve colleges and universities which meet the
board's requirements for veterinary medicine and associated
fields of study and withdraw or deny, after an adjudication
conducted in accordance with Chapter 119. of the Revised Code,
approval from colleges and universities which fail to meet those
requirements; (9) Adopt rules, in accordance with Chapter 119. of the
Revised Code, which are necessary for its government and for the
administration and enforcement of this chapter. (D) The board may do all of the following: (1) Subpoena witnesses and require their attendance and
testimony, and and require the production by witnesses of books, papers,
public records, animal patient records, and other documentary
evidence and examine them,, in relation to any matter that that the
board has authority to investigate, inquire into, or hear.
Except for any officer or employee of the state or any political
subdivision of the state, the treasurer of state shall pay all
witnesses in any proceeding before the board, upon certification
from the board, witness fees in the same amount as provided in
section 2335.06 of the Revised Code. (2) Examine and inspect books, papers, public records,
animal patient records, and other documentary evidence at the
location where the books, papers, records, and other evidence are
normally stored or maintained. (E) All registers, books, and records kept by the board
are the property of the board and are open for public examination
and inspection at all reasonable times. The registers, books,
and records are prima-facie evidence of the matters contained
in them in them.
Sec. 4755.481. (A) If a physical therapist evaluates and treats a patient without the prescription of, or the referral of the patient by, a person who is licensed to practice medicine and surgery, chiropractic, dentistry, osteopathic medicine and surgery, podiatric medicine and surgery, or nursing as a certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner, all of the following apply: (1) The physical therapist shall, upon consent of the patient, inform the patient's physician, chiropractor, dentist, podiatrist, certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner of the evaluation not later than five business days after the evaluation is made.
(2) If the physical therapist determines, based on reasonable evidence, that no substantial progress has been made with respect to that patient during the thirty-day period immediately following the date of the patient's initial visit with the physical therapist, the physical therapist shall consult with or refer the patient to a licensed physician, chiropractor, dentist, podiatrist, certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner, unless either of the following applies:
(a) The evaluation, treatment, or services are being provided for fitness, wellness, or prevention purposes.
(b) The patient previously was diagnosed with chronic, neuromuscular, or developmental conditions and the evaluation, treatment, or services are being provided for problems or symptoms associated with one or more of those previously diagnosed conditions.
(3) If the physical therapist determines that orthotic devices are necessary to treat the patient, the physical therapist shall be limited to the application of the following orthotic devices:
(a) Upper extremity adaptive equipment used to facilitate the activities of daily living;
(d) Prefabricated elastic or fabric abdominal supports with or without metal or plastic reinforcing stays and other prefabricated soft goods requiring minimal fitting;
(e) Nontherapeutic accommodative inlays;
(f) Shoes that are not manufactured or modified for a particular individual;
(g) Prefabricated foot care products; (h) Custom foot orthotics;
(i) Durable medical equipment.
(4)
If, at any time, the physical therapist has reason to believe that the patient has symptoms or conditions that require treatment or services beyond the scope of practice of a physical therapist, the physical therapist shall refer the patient to a licensed health care practitioner acting within the practitioner's scope of practice.
(B) Nothing in sections 4755.40 to 4755.56 of the Revised Code shall be construed to require reimbursement under any health insuring corporation policy, contract, or agreement, any sickness and accident insurance policy, the medical assistance program as defined in section 5111.01 of the Revised Code, or the health partnership program or qualified health plans established pursuant to sections 4121.44 to 4121.442 4121.442 of the Revised Code, for any physical therapy service rendered without the prescription of, or the referral of the patient by, a licensed physician, chiropractor, dentist, podiatrist, certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner. (C) For purposes of this section, "business day" means any calendar day that is not a Saturday, Sunday, or legal holiday. "Legal holiday" has the same meaning as in section 1.14 of the Revised Code.
Sec. 4981.03. (A) The Ohio rail development commission shall do all of the
following: (1) Develop, promote, and support safe, adequate, and
efficient rail service throughout the state; (2) Maintain adequate programs of investigation, research,
promotion, planning, and development for rail service, which programs shall
include the consideration of recommendations by public or private planning
organizations; (3) Provide for the participation of private corporations or organizations
and the public in the
development, construction, operation, and maintenance of rail service, and as
franchisees of rail service of rail service. (B) In regard to rail service, the
Ohio rail development commission is the successor of the Ohio high speed rail
authority and the division
of rail transportation of the department of
transportation. The commission shall succeed to all federal
allotments, entitlements, subsidies, and grants now existing,
whether such allotments, entitlements, subsidies, and grants are
encumbered or unencumbered, in the same manner and with the same
authority as the Ohio high speed rail authority and the division of rail
transportation exercised prior to
October 20, 1994 October 20, 1994. (C) Every authority, commission, department, or other
agency of this state shall provide the commission with data,
plans, research, and any other information that the commission requests to
assist it in performing its duties pursuant to this
chapter. (D) The commission may request and contract with any railroad to provide it
with data and information necessary to carry out the purposes of
this chapter. All railroads operating within this state shall
provide the requested data and information to the commission. The commission
shall not disclose any confidential data or information
supplied to it. (E) The commission shall cooperate with the director of
development by exercising the commission's duty to promote and
develop rail service in this
state in conjunction with the director's exercise of his duty to
promote the economic development of this state. (F) The commission, when developing rail service throughout the state, may
give priority to projects
undertaken within the geographic boundaries of qualifying
subdivisions.
Sec. 5123.35. (A) There is hereby created the Ohio developmental disabilities Ohio developmental disabilities council, which shall serve as an advocate for all
persons with developmental disabilities. The council shall act
in accordance with the "Developmental Disabilities Assistance and
Bill of Rights Act," 98 Stat. 2662 (1984), 42 U.S.C. 6001, as
amended. The governor shall appoint the members of the council
in accordance with 42 U.S.C. 6024. (B) The Ohio developmental disabilities Ohio developmental disabilities council shall develop the state
plan required by federal law as a condition of receiving federal
assistance under 42 U.S.C. 6021 to 6030. The department of
mental retardation and developmental disabilities, as the state
agency selected by the governor for purposes of receiving the
federal assistance, shall receive, account for, and disburse
funds based on the state plan and shall provide assurances and
other administrative support services required as a condition of
receiving the federal assistance. (C) The federal funds may be disbursed through grants to
or contracts with persons and government agencies for the
provision of necessary or useful goods and services for
developmentally disabled persons. The Ohio developmental disabilities Ohio developmental disabilities council may
award the grants or enter into the contracts. (D) The Ohio developmental disabilities Ohio developmental disabilities council may award grants to or enter into
contracts with a member of the council or an entity that the
member represents if all of the following apply: (1) The member serves on the council as a representative
of one of the principal state agencies concerned with services
for persons with developmental disabilities as specified in 42
U.S.C. 6024(b)(3), a representative of a university affiliated
program as defined in 42 U.S.C. 6001(18), or a representative of
the legal rights service created under section 5123.60 of the
Revised Code.. (2) The council determines that the member or the entity
the member the member represents is capable of providing the goods or
services
specified under the terms of the grant or contract.. (3) The member has not taken part in any discussion or
vote of the council related to awarding the grant or entering
into the contract, including service as a member of a review
panel established by the council to award grants or enter into
contracts or to make recommendations with regard to awarding
grants or entering into contracts. (E) A member of the Ohio developmental disabilities Ohio developmental disabilities council is not in
violation of Chapter 102. or section 2921.42 of the Revised Code
with regard to receiving a grant or entering into a contract
under this section if the requirements of division (D) of this
section have been met.
Sec. 5123.352. There is hereby created in the state
treasury the community mental retardation and developmental
disabilities trust fund. The director of mental retardation and
developmental disabilities, not later than sixty days after the
end of each fiscal year, shall certify to the director of budget
and management the amount of all the unexpended, unencumbered
balances of general revenue fund appropriations made to the
department of mental retardation and developmental disabilities
for the fiscal year, excluding appropriations for rental payments
to the Ohio public facilities commission, and the amount of any
other funds held by the department in excess of amounts necessary
to meet the department's operating costs and obligations pursuant
to this chapter and Chapter 5126. of the Revised Code. On
receipt of the certification, the director of budget and
management shall transfer cash to the trust fund in an amount up to, but
not exceeding, the total of the amounts certified by the director
of mental retardation and developmental disabilities, except in
cases in which the transfer will involve more than twenty million
dollars. In such cases, the director of budget and management
shall notify the controlling board and must receive the board's
approval of the transfer prior to making the transfer. All All moneys in the trust fund shall
be distributed in accordance with section 5126.19 of the Revised
Code.
Sec. 3358.10. Sections 3354.10, 3354.121, 3354.15, and and 3354.16 of the Revised Code apply to state community college districts
and their boards of trustees.
Section 2. That existing sections 101.23, 101.82, 101.83, 101.84, 101.85, 101.86, 122.011, 122.40, 123.151, 149.56, 307.674, 340.02, 1501.04, 1502.04, 1502.05, 1502.11, 1502.12, 1506.30, 1506.34, 1506.35, 1517.02, 1517.23, 1518.01, 1518.03, 1551.35, 2323.44, 3358.10, 3375.61, 3375.62, 3383.01, 3383.02, 3383.03, 3383.04, 3383.05, 3383.06, 3383.07, 3383.08, 3383.09, 3746.09, 3746.35, 3747.02, 3748.01, 3748.02, 3748.04, 3748.05, 3748.16, 3929.482, 3929.85, 3931.01, 3955.05, 3960.06, 4117.01, 4121.442, 4167.09, 4167.25, 4167.27, 4731.143, 4741.03, 4755.481, 4981.03, 5123.35, and 5123.352 of the Revised Code are hereby repealed. Section 3. That Section 4 of Am. Sub. H.B. 516 of the 125th General Assembly be amended to read as follows:
Sec. 4. The following agencies shall be retained pursuant
to division (D)
of section 101.83 of the Revised Code and shall
expire
on December 31, 2010:
|
|
REVISED CODE OR |
|
|
|
UNCODIFIED |
|
AGENCY NAME |
|
SECTION |
|
Administrator, Interstate Compact on Mental Health |
|
5119.50 |
Administrator, Interstate Compact on |
|
5103.20 |
Placement of Children |
|
|
Advisory Board of Governor's Office of Faith-Based and Community Initiatives |
|
107.12 |
Advisory Boards to the EPA for Air Pollution |
|
121.13 |
Advisory Boards to the EPA for Water Pollution |
|
121.13 |
Advisory Committee of the State Veterinary Medical Licensing Board |
|
4741.03(D)(3) |
Advisory Committee on Livestock Exhibitions |
|
901.71 |
Advisory Council on Amusement Ride Safety |
|
1711.51 |
Advisory Board of Directors for Prison Labor |
|
5145.162 |
Advisory Council for Each Wild, Scenic, or Recreational River Area |
|
1517.18 |
Advisory Councils or Boards for State Departments |
|
107.18 or 121.13 |
Advisory Group to the Ohio Water Resources Council |
|
1521.19(C) |
Alzheimer's Disease Task Force |
|
173.04(F) |
AMBER Alert Advisory Committee |
|
5502.521 |
Apprenticeship Council |
|
4139.02 |
Armory Board of Control |
|
5911.09 |
Automated Title Processing Board |
|
4505.09(C)(1) |
Banking Commission |
|
1123.01 |
Board of Directors of the Ohio Health Reinsurance Program |
|
3924.08 |
Board of Voting Machine Examiners |
|
3506.05(B) |
Board of Tax Appeals |
|
5703.02 |
Brain Injury Advisory
Committee
|
|
3304.231
|
Capitol Square Review and Advisory Board |
|
105.41 |
Child Support Guideline Advisory
Council |
|
3119.024 |
Children's Trust Fund Board |
|
3109.15 |
Citizens Advisory Committee (BMV) |
|
4501.025 |
Citizen's Advisory Councils (Dept. of Mental
Retardation and Developmental
Disabilities) |
|
5123.092 |
Clean Ohio Trail Advisory Board |
|
1519.06 |
Coastal Resources Advisory Council |
|
1506.12 |
Commission on African-American Males |
|
4112.12 |
Commission on
Hispanic-Latino Affairs |
|
121.31 |
Commission on Minority Health |
|
3701.78 |
Committee on Prescriptive Governance |
|
4723.49 |
Commodity Advisory Commission |
|
926.32 |
Community Mental Retardation and Developmental Disabilities Trust Fund
Advisory Council |
|
5123.353 |
Community Oversight Council |
|
3311.77 |
Compassionate Care Task Force |
|
Section 3, H.B. 474, 124th GA |
Consumer Advisory Committee to the Rehabilitation Services Commission |
|
3304.24 |
Continuing Education Committee (for Sheriffs) |
|
109.80 |
Controlling Board |
|
127.12 |
Coordinating Committee, Agricultural Commodity Marketing Programs |
|
924.14 |
Council on Alcohol and Drug Addiction Services |
|
3793.09 |
Council on Unreclaimed Strip Mined
Lands |
|
1513.29 |
Council to Advise on the Establishment and Implementation of the Birth Defects Information System |
|
3705.34 |
County Sheriffs' Standard Car-Marking
and Uniform Commission |
|
311.25 |
Credit Union Council |
|
1733.329 |
Criminal Sentencing Advisory Committee |
|
181.22 |
Day-Care Advisory Council |
|
5104.08 |
Dentist Loan Repayment Advisory Board |
|
3702.92 |
Development Financing Advisory Council |
|
122.40 |
Education Commission of the States (Interstate Compact for Education) |
|
3301.48 |
Electrical Safety Inspector Advisory
Committee |
|
3783.08 |
Emergency Response Commission |
|
3750.02 |
Engineering Experiment Station Advisory
Committee |
|
3335.27 |
Environmental Education Council |
|
3745.21 |
Environmental Review Appeals
Commission |
|
3745.02 |
EPA Advisory Boards or Councils |
|
121.13 |
Farmland Preservation Advisory Board |
|
901.23 |
Financial Planning & Supervision Commission for Municipal Corporation, County, or Township |
|
118.05 |
Financial Planning & Supervision Commission for School District |
|
3316.05 |
Forestry Advisory Council |
|
1503.40 |
Governance Authority for a State University or College |
|
3345.75 |
Governor's Advisory Council on Physical Fitness, Wellness, & Sports |
|
3701.77 |
Governor's Council on People with Disabilities |
|
3303.41 |
Governor's Residence Advisory Commission |
|
107.40 |
Great Lakes Commission (Great Lakes Basin Compact) |
|
6161.01 |
Gubernatorial Transition Committee |
|
107.29 |
Head Start Partnership Study Council |
|
Section 41.35, H.B. 95, 125th GA |
Hemophilia Advisory Subcommittee |
|
3701.0210 |
Housing Trust Fund Advisory Committee |
|
175.25 |
Industrial Commission Nominating
Council |
|
4121.04 |
Industrial Technology and Enterprise Advisory
Council |
|
122.29 |
Infant Hearing Screening Subcommittee |
|
3701.507 |
Insurance Agent Education Advisory Council |
|
3905.483 |
Interagency Council on Hispanic/Latino Affairs |
|
121.32(J) |
Interstate Mining Commission (Interstate Mining Compact) |
|
1514.30 |
Interstate Rail Passenger Advisory Council (Interstate High Speed Intercity Rail Passenger Network Compact) |
|
4981.35 |
Joint Council on MR/DD |
|
101.37 |
Joint Select Committee on Volume Cap |
|
133.021 |
Labor-Management Government Advisory
Council |
|
4121.70 |
Legal Rights Service Commission |
|
5123.60 |
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research |
|
103.51 |
Maternal and Child Health
Council |
|
3701.025 |
Medically Handicapped Children's Medical Advisory
Council |
|
3701.025 |
Midwest Interstate Passenger Rail Compact Commission (Ohio members) |
|
4981.361 |
Military Activation Task Force |
|
5902.15 |
Milk Sanitation Board |
|
917.03 |
Mine Subsidence Insurance Governing Board |
|
3929.51 |
Minority Development Financing Board |
|
122.72 |
Multi-Agency Radio Communications Systems Steering Committee |
|
Sec. 21, H.B. 790, 120th GA |
Multidisciplinary Council |
|
3746.03 |
Muskingum River Advisory Council |
|
1501.25 |
National Museum of Afro-American History and Culture Planning
Committee |
|
149.303 |
Nursing Facility Reimbursement Study Council |
|
5111.34 |
Ohio Advisory Council for the Aging |
|
173.03 |
Ohio Aerospace & Defense Advisory Council |
|
122.98 |
Ohio Arts Council |
|
3379.02 |
Ohio Business Gateway Steering Committee |
|
5703.57 |
Ohio Cemetery Dispute Resolution
Commission |
|
4767.05 |
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils |
|
4112.04(B) |
Ohio Commercial Insurance Joint Underwriting Association Board Of Governors |
|
3930.03 |
Ohio Commercial Market Assistance Plan Executive Committee |
|
3930.02 |
Ohio Commission on Dispute Resolution and Conflict Management |
|
179.02 |
Ohio Commission to Reform Medicaid |
|
Section 59.29, H.B. 95, 125th GA |
Ohio Community Service Council |
|
121.40 |
Ohio Council for Interstate Adult Offender Supervision |
|
5149.22 |
Ohio Cultural Facilities Commission |
|
3383.02 |
Ohio Developmental Disabilities Council |
|
5123.35 |
Ohio Educational Telecommunications Network Commission |
|
3353.02 |
Ohio Ethics Commission |
|
102.05 |
Ohio Expositions Commission |
|
991.02 |
Ohio Family and Children First Cabinet Council |
|
121.37 |
Ohio Geology Advisory Council |
|
1505.11 |
Ohio Grape Industries Committee |
|
924.51 |
Ohio Hepatitis C Advisory Commission |
|
3701.92 |
Ohio Historic Site Preservation Advisory Board |
|
149.301 |
Ohio Historical Society Board of Trustees |
|
149.30 |
Ohio Judicial Conference |
|
105.91 |
Ohio Lake Erie
Commission |
|
1506.21 |
Ohio Medical Malpractice Commission |
|
Section 4, S.B. 281, 124th GA and Section 3, S.B. 86, 125th GA |
Ohio Medical Quality Foundation |
|
3701.89 |
Ohio Parks and Recreation Council |
|
1541.40 |
Ohio Peace Officer Training Commission |
|
109.71 |
Ohio Public Defender Commission |
|
120.01 |
Ohio Public Library Information Network Board |
|
Sec. 69, H.B. 117, 121st GA, as amended by H.B. 284, 121st GA |
Ohio Public Works Commission |
|
164.02 |
Ohio Quarter Horse Development
Commission |
|
3769.086 |
Ohio SchoolNet Commission |
|
3301.80 |
Ohio Small Government Capital Improvements Commission |
|
164.02 |
Ohio Soil and Water Conservation Commission |
|
1515.02 |
Ohio Standardbred Development
Commission |
|
3769.085 |
Ohio Steel Industry Advisory Council |
|
122.97 |
Ohio Teacher Education and
Licensure Advisory Council |
|
3319.28(D) |
Ohio Thoroughbred Racing Advisory Committee |
|
3769.084 |
Ohio Tuition Trust Authority |
|
3334.03 |
Ohio University College of Osteopathic Medicine Advisory
Committee |
|
3337.10 |
Ohio Vendors Representative
Committee |
|
3304.34 |
Ohio War Orphans Scholarship Board |
|
5910.02 |
Ohio Water Advisory Council |
|
1521.031 |
Ohio Water Resources Council |
|
1521.19 |
Ohioana Library Association, Martha Kinney Cooper Memorial |
|
3375.62 |
Oil and Gas Commission |
|
1509.35 |
Operating Committee, Agricultural Commodity Marketing Programs |
|
924.07 |
Organized Crime Investigations Commission |
|
177.01 |
Parole Board |
|
5149.10 |
Pharmacy and Therapeutics Committee of the Dept. of Job and Family Services |
|
5111.81 |
Physician Loan Repayment Advisory Board |
|
3702.81 |
Power Siting Board |
|
4906.02 |
Prequalification Review Board |
|
5525.07 |
Private Water Systems Advisory Council |
|
3701.346 |
Public Employment Risk Reduction Advisory Commission |
|
4167.02 |
Public Health Council |
|
3701.33 |
Public Utilities Commission Nominating Council |
|
4901.021 |
Public Utility Property Tax Study Committee |
|
5727.85 |
Radiation Advisory Council |
|
3748.20 |
Reclamation Commission |
|
1513.05 |
Recreation and Resources Commission |
|
1501.04 |
Recycling and Litter Prevention Advisory Council |
|
1502.04 |
Rehabilitation Services Commission Consumer
Advisory Committee |
|
3304.24 |
Release Authority of Department of Youth Services |
|
5139.50 |
Savings & Loans Associations & Savings Banks Board |
|
1181.16 |
Schools and Ministerial Lands Divestiture Committee |
|
501.041 |
Second Chance Trust Fund Advisory Committee |
|
2108.17 |
Self-Insuring Employers Evaluation Board |
|
4123.352 |
Services Committee of the Workers' Compensation System |
|
4121.06 |
Small Business Stationary Source Technical and Environmental Compliance
Assistance Council |
|
3704.19 |
Solid Waste Management Advisory Council |
|
3734.51 |
State Agency Coordinating Group |
|
1521.19 |
State Board of Deposit |
|
135.02 |
State Board of Emergency Medical Services Subcommittees |
|
4765.04 |
State Council of Uniform State Laws |
|
105.21 |
State Committee for the Purchase of Products and Services Provided by Persons
with
Severe Disabilities |
|
4115.32 |
State Criminal Sentencing Commission |
|
181.21 |
State Employment Relations Board |
|
4117.02 |
State Fire Commission |
|
3737.81 |
State Racing Commission |
|
3769.02 |
State Victims Assistance Advisory Committee |
|
109.91 |
Student Tuition Recovery Authority |
|
3332.081 |
Tax Credit Authority |
|
122.17 |
Technical Advisory Committee to Assist the Director of the Ohio Coal
Development Office |
|
1551.35 |
Technical Advisory Council on Oil and Gas |
|
1509.38 |
Transportation Review Advisory Council |
|
5512.07 |
Unemployment Compensation Review
Commission |
|
4141.06 |
Unemployment Compensation Advisory
Council |
|
4141.08 |
Utility Radiological Safety Board |
|
4937.02 |
Vehicle Management Commission |
|
125.833 |
Veterans Advisory Committee |
|
5902.02(K) |
Volunteer Fire Fighters' Dependents Fund Boards (Private and Public) |
|
146.02 |
Water and Sewer Commission |
|
1525.11(C) |
Waterways Safety Council |
|
1547.73 |
Wildlife Council |
|
1531.03 |
Workers' Compensation System Oversight
Commission |
|
4121.12 |
Workers' Compensation Oversight Commission Nominating Committee |
|
4121.123 |
Section 4. That existing Section 4 of Am. Sub. H.B. 516 of the 125th General Assembly is hereby repealed.
Section 5. That Section 8 of Am. Sub. S.B. 80 of the 125th General Assembly is hereby repealed.
Section 6. It is the intent of the General Assembly in amending sections 101.23, 101.83, 101.84, 101.85, 101.86, 122.011, 122.40, 123.151, 149.56, 307.674, 340.02, 1501.04, 1502.04, 1502.05, 1502.11, 1502.12, 1506.30, 1506.34, 1506.35, 1517.02, 1517.23, 1518.01, 1518.03, 1551.35, 3358.10, 3375.61, 3375.62, 3383.01, 3383.02, 3383.03, 3383.04, 3383.05, 3383.06, 3383.07, 3383.08, 3383.09, 3746.09, 3746.35, 3747.02, 3748.01, 3748.02, 3748.04, 3748.05, 3748.16, 3929.482, 3929.85, 3931.01, 3955.05, 3960.06, 4117.01, 4121.442, 4167.09, 4167.25, 4167.27, 4731.143, 4741.03, 4755.481, 4981.03, 5123.35, and 5123.352 of the Revised Code in this act to confirm the amendments to those sections and the resulting versions of those sections that took effect on December 30, 2004, in accordance with Section 10 of Am. Sub. H.B. 516 of the 125th General Assembly. It also is the intent of the General Assembly, in part, in amending Section 4 of Am. Sub. H.B. 516 of the 125th General Assembly in this act to confirm the text of that uncodified section of law as it took effect on December 30, 2004, in accordance with Section 10 of Am. Sub. H.B. 516 of the 125th General Assembly. This act does not affect, and shall not be construed as affecting, the other amendments, enactments, or repeals of codified or uncodified law made by Am. Sub. H.B. 516 of the 125th General Assembly which took effect on December 30, 2004, in accordance with Section 10 of that legislation, all of which it is the intent of the General Assembly to confirm in this act, including, but not limited to, the following amendments, enactments, or repeals pertaining to the implementation of the report of the Sunset Review Committee and related purposes set forth in Am. Sub. H.B. 516's title: the amendments to sections 122.133, 164.07, 1517.05, 2505.02, 3746.04, 3929.682, and 4582.12 of the Revised Code, the repeals of sections 122.09, 125.24, 149.32, 149.321, 149.322, 1502.10, 1506.37, 1517.03, 1517.04, 3354.161, 3355.121, 3357.161, 3375.47, 3746.08, 3747.04, 3747.05, 3747.06, 3747.061, 3747.07, 3747.08, 3747.09, 3747.10, 3747.11, 3747.12, 3747.13, 3747.14, 3747.15, 3747.16, 3747.17, 3747.18, 3747.19, 3747.20, 3747.21, 3747.22, 3748.09, 3929.71, 3929.72, 3929.721, 3929.73, 3929.75, 3929.76, 3929.77, 3929.78, 3929.79, 3929.80, 3929.81, 3929.82, 3929.83, 3929.84, 4121.443, 4167.26, 5101.93, 5119.81, 5119.82, and 5123.353 of the Revised Code, the enactments of uncodified law in its Sections 3, 6, 9, 10, 11, and 12, and the repeals of Section 6 of Am. Sub. S.B. 163 of the 124th General Assembly, Section 6 of Sub. S.B. 27 of the 124th General Assembly, Section 10 of Sub. H.B. 548 of the 123rd General Assembly, Section 3 of Am. H.B. 280 of the 121st General Assembly, Section 27 of Sub. H.B. 670 of the 121st General Assembly, Section 3 of Am. S.B. 208 of the 120th General Assembly, and Section 3 of Sub. H.B. 508 of the 119th General Assembly. The General Assembly, thus, further declares this section and the related provisions of Sections 1 and 3 of this act to be remedial legislation solely intended to confirm the operation on and after December 30, 2004, of the amendments, enactments, and repeals of codified and uncodified law made by Am. Sub. H.B. 516 of the 125th General Assembly.
Section 7. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for the necessity is that a plethora of state governmental entities require confirmation that the changes made by Am. Sub. H.B. 516 of the 125th General Assembly pertaining to their continued existence under the sunset review law took effect on December 30, 2004. Therefore, this act shall go into immediate effect.
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