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H. B. No. 25 As Introduced
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Adams, R., Amstutz, Balderson, Batchelder, Blessing, Blair, Boose, Bubp, Burke, Combs, Daniels, Derickson, Evans, Goodwin, Grossman, Hackett, Hall, Hite, Huffman, Jordan, Lehner, Maag, Martin, McClain, Mecklenborg, Morgan, Ruhl, Snitchler, Sears, Stautberg, Stebelton, Uecker, Wagner, Wachtmann, Zehringer
A BILL
To amend sections 121.02, 121.03, 121.05, 121.06,
121.07, 121.11, 121.13, 121.15, and 121.17, to
enact new section 121.04 and to enact sections
117.103,
121.041, 121.042, 121.043, 121.044,
121.045,
121.046, 121.047, 121.048, and 121.049
and to repeal
section
121.04 of the Revised Code
to reorganize
the
executive branch of state
government.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 121.02, 121.03, 121.05, 121.06,
121.07, 121.11, 121.13, 121.15, and 121.17 be amended and that new
section 121.04 and sections 117.103, 121.041, 121.042, 121.043,
121.044,
121.045, 121.046, 121.047, 121.048, and 121.049 of the
Revised Code be
enacted to read as follows:
Sec. 117.103. The auditor of state shall conduct performance
audits to facilitate the effective and efficient operation of the
departments established under section 121.02, and their divisions
established under section 121.04 and 121.041 to 121.049, of the
Revised Code.
Sec. 121.02. (A) The following administrative departments and
their respective executive directors are hereby created:
(A)(1) The office of budget finance and management
operations, which shall be
administered by the executive director
of budget finance and management operations;
(B)(2) The department of commerce business,
which shall be
administered
by the executive director of commerce
business;
(C) The department of administrative services, which shall
be
administered by the director of administrative services;
(D)(3) The department of transportation and infrastructure,
which shall be
administered by the executive director of
transportation and infrastructure;
(E) The department of agriculture, which shall be
administered by the director of agriculture;
(F)(4) The department of natural resources resource
protection, which shall be
administered by the executive director
of natural resources resource protection;
(G)(5) The department of public health, which shall be
administered
by
the executive director of public health;
(H)(6) The department of job and family services human
resource development, which
shall be
administered by the executive
director of job and family services human resource development;
(I) Until July 1, 1997, the department of liquor control,
which shall be
administered by the director of liquor control;
(J)(7) The department of public safety, which shall be
administered by the executive director of public safety;
(K) The department of mental health, which shall be
administered by the director of mental health;
(L) The department of mental retardation and developmental
disabilities, which shall be administered by the director of
mental retardation and developmental disabilities;
(M) The department of insurance, which shall be
administered
by the superintendent of insurance as director
thereof;
(N)(8) The department of development, which shall be
administered by the executive director of development;
(O) The department of youth services, which shall be
administered by the director of youth services;
(P)(9) The department of community and institutional
rehabilitation and correction, which
shall be administered by the
executive director of community and institutional rehabilitation
and
correction;
(Q) The environmental protection agency, which shall be
administered by the director of environmental protection;
(R) The department of aging, which shall be administered
by
the director of aging;
(S)(10) The department of alcohol and drug addiction services
education,
which shall be administered by the executive director
of alcohol and drug
addiction services;
(T)(11) The department of veterans services, which shall be
administered by the executive director of veterans services.
(B) The executive director of each department shall exercise
the powers
and
perform the duties vested by law in such that
department.
Sec. 121.03. The following administrative department heads
shall be appointed by the governor, with the advice and consent
of
the senate, and shall hold their offices during the term of
the
appointing governor, and are subject to removal at the
pleasure of
the governor.
(A) The executive director of budget finance and management
operations;
(B) The executive director of commerce business;
(C) The executive director of transportation and
infrastructure;
(D) The director of agriculture;
(E) The executive director of job and family services human
resource development;
(F) Until July 1, 1997, the director of liquor control;
(G)(E) The executive director of public safety;
(H) The superintendent of insurance;
(I)(F) The executive director of development;
(J) The tax commissioner;
(K) The director of administrative services;
(L)(G) The executive director of natural resources resource
protection;
(M) The director of mental health;
(N) The director of mental retardation and developmental
disabilities;
(O)(H) The executive director of public health;
(P) The director of youth services;
(Q)(I) The executive director of community and institutional
rehabilitation and correction;
(R) The director of environmental protection;
(S) The director of aging;
(T) The director of alcohol and drug addiction services;
(U) The administrator of workers' compensation who meets
the
qualifications required under division (A) of section 4121.121 of
the
Revised Code;
(V)(J) The executive director of veterans services who meets
the
qualifications required under section 5902.01 of the Revised
Code.
Sec. 121.04. The department of education consists of the
following
divisions, with each headed by the chief of that
division:
(A) A division of primary and secondary education responsible
for all of the following:
(1) Curriculum and assessment;
(2) Teacher development, and student, family, and community
programs;
(3) Nonpublic and alternative schools;
(4) Policy and accountability; and
(5) Coordination of lifelong learning.
(B) A division of higher education for four-year colleges and
universities responsible for all of the following:
(1) Curriculum and assessment;
(2) Professor development, and student, family, and community
programs;
(3) Policy and higher education development;
(4) Investigations and school compliance; and
(5) The higher education-Ohio business compact as it relates
to four-year colleges and universities.
(C) A division of higher education for two-year colleges
responsible for all of the following:
(1) Curriculum and assessment;
(2) Professor development, and student, family, and community
programs;
(3) Policy and higher education development;
(4) Investigations and school compliance;
(5) The higher education-Ohio business compact as it relates
to two-year colleges; and
(D) A division of education finance responsible for all of
the following:
(1) Public school and higher education finance and fiscal
planning;
(2) Student financial assistance programs;
(3) The Ohio tuition trust authority; and
(4) Federal programs and grant management.
(E) A division of education technology responsible for all of
the following:
(1) Educational telecommunications programming and facility
management;
(2) Network operations; and
(3) Technology applications.
(F) A division of cultural resources responsible for all of
the following:
(1) The state library of Ohio and the archives of the Ohio
historical society;
(2) The state historic preservation office;
(3) Historical site and facility maintenance; and
(4) Arts programs and grants.
Sec. 121.041. The department of public safety consists of the
following
divisions, with each headed by the chief of that
division:
(A) A division of uniformed services responsible for all of
the following:
(1) The state highway patrol;
(2) The office of the state fire marshal;
(4) Training programs for the uniformed services;
(5) The multi-agency radio communications system; and
(6) Hazardous materials programs.
(B) A division of public safety services responsible for all
of the following:
(1) The bureau of motor vehicles;
(2) Certification and continuing education of emergency
medical service professionals;
(3) Fire and liquor control research laboratories;
(4) Crash repair investigation;
(5) Criminal justice services;
(6) Youth safety programs;
(7) The Ohio emergency management agency;
(8) Security guard and private investigator licensing; and
(9) Policy and technology.
(C) A division of homeland security and emergency management
responsible for all of the following:
(1) The Ohio national guard;
(3) Capitol square, as defined in section 105.41 of the
Revised Code, and other building security;
(5) Disaster response planning;
(6) First responder oversight and protection;
(7) Terrorist awareness and prevention;
(8) Family and innovative readiness training; and
(9) Agriculture resource and public water protection.
(D) A division of grants and disbursements responsible for
both of the following:
(1) Homeland security and criminal justice services grant
management; and
(2) Administration of all safety-related disbursements.
(E) A division of prevention and enforcement responsible for
all of the following:
(1) Enforcement and investigation of violations of liquor
control, tobacco, insurance, and food stamp fraud laws;
(3) Criminal activity prevention; and
(4) Drug force task management.
Sec. 121.042. The department of public health consists of the
following
divisions, with each headed by the chief of that
division:
(A) A division of health and well-being responsible for all
of the following:
(1) Family and community health services and programs;
(3) State employee health services;
(4) Minority health affairs;
(5) Alcohol and drug addiction treatment and rehabilitation
services;
(6) Addiction prevention and intervention services;
(7) State-operated hospital services;
(8) Mental health inpatient services;
(9) Health support services; and
(10) Health policy and accountability.
(B) A division of community care support services responsible
for all of the following:
(1) Local mental health and mental retardation and
developmental disabilities programs;
(2) Support for mental retardation and developmental
disabilities developmental centers; and
(3) Elder community care, including PASSPORT.
(C) A division of medicaid services responsible for all of
the following:
(1) Medicaid disbursements;
(2) Medicaid provider services;
(3) Medicaid revenue administration;
(4) Medicaid fraud, waste, and abuse prevention; and
(5) Federal-state matching.
(D) A division of medical professional and state healthcare
system regulation responsible for certification, licensing,
investigations, inspections, enforcement, adjudications,
continuing education, training, and examinations relating to all
of the following bodies or facilities:
(1) Ohio medical transportation board;
(2) Ohio board of dietetics;
(5) Ohio optical dispensers board;
(6) State board of optometry;
(7) State board of pharmacy;
(8) State board of psychology;
(9) Chemical dependency professionals board;
(10) Counselor, social worker, and marriage and family
therapist counselors board;
(11) Ohio occupational therapy, physical therapy, and
athletic
trainers board;
(12) State board of orthotics, prosthetics, and pedorthics;
(13) State veterinary medical licensing board;
(14) State chiropractic board;
(16) Board of speech-language pathology and audiology;
(17) Hearing aid dealers and fitters licensing board;
(18) Board of examiners of nursing home administrators;
(19) Ohio respiratory care board; and
(20) Public health facilities, addiction treatment
facilities,
and mental health facilities.
Sec. 121.043. The department of transportation and
infrastructure consists of
the following divisions, with each
headed by the chief of that
division:
(A) A division of system maintenance responsible for all
activities related to the general maintenance and upkeep of the
state's transportation system, and materials management.
(B) A division of system regulation responsible for all
transportation system regulatory activities.
(C) A division of system design and construction responsible
for all of the following:
(1) Roadway and traffic, geotechnical, and structural
engineering;
(2) System design and construction;
(3) Transportation planning and research;
(4) Local transportation improvement programs;
(5) Service procurement; and
(6) Contract administration.
(D) A division of public transportation responsible for all
of the following:
(1) State transit authorities;
(2) Rail transportation and the Ohio rail development
commission;
(3) Aviation activities; and
(E) A division of infrastructure financing and revenue
distribution responsible for all of the following:
(1) Financing of state building improvements and
acquisitions;
(2) Financing of public improvements relating to water and
sewer construction, transportation systems, primary and secondary
education, higher education, and underground storage facilities;
(3) Other infrastructure revenue distribution.
Sec. 121.044. The department of finance and operations
consists of the following
divisions, with each headed by the
chief of that division:
(A) A general services division responsible for all of the
following:
(1) Procurement services;
(2) Fleet and mail services;
(3) Risk management services;
(4) Contract compliance; and
(B) A human resources division responsible for all of the
following relating to state employees:
(1) Classification and compensation;
(2) Benefits administration, including benefits for members
of the Ohio national guard;
(3) Professional development and training;
(4) Equal opportunity services;
(5) Quality service programs;
(6) Collective bargaining management;
(7) The state personnel board of review; and
(8) The state employment relations board.
(C) A facilities and maintenance division responsible for all
of the following:
(1) State property and facility maintenance;
(3) Building operations permitting;
(4) Architecture and engineering services; and
(5) The operation of capitol square, the Ohio expositions
center, and the Ohio state
fair.
(D) An information technology division responsible for all of
the following:
(1) Enterprise network security;
(3) Veterans' affairs records systems;
(4) A state technology program; and
(5) The Ohio business gateway, as defined in section 718.051
of the Revised Code.
(E) A division of financial operations responsible for all of
the following:
(1) Accounting operations and processing;
(3) Economic forecasting and revenue estimation;
(4) A statewide cost allocation plan;
(6) State debt issuance and debt service management; and
(7) The state controlling board.
(F) A division of revenue administration responsible for all
of the following:
(1) Tax collection, administration, and processing;
(2) Tax policy development;
(3) Revenue distribution, including property tax relief
distribution;
(4) Unemployment tax administration;
(5) The state lottery commission;
(6) The board of tax appeals; and
Sec. 121.045. The department of human resource development
consists of the following
divisions, with each headed by the
chief of that division:
(A) An employment services division responsible for all of
the following:
(1) All state and federal employee training programs;
(2) Workforce development programs;
(3) Job placement services;
(5) Labor market projections;
(6) Unemployment compensation programs;
(7) Worker safety programs; and
(8) Wage and hour compliance.
(B) A rehabilitation services division responsible for all of
the following:
(1) Vocational rehabilitation programs;
(2) Job placement programs for the mentally retarded and
developmentally disabled;
(3) Services for the visually impaired;
(4) Disabled employee training programs;
(5) Compliance and assistance programs under the federal
Americans with Disabilities Act; and
(6) Other disability determination and assistance programs.
(C) A children and family services division responsible for
all of the following:
(1) Child services programs, including adoption, child care,
child support, foster care, healthy-start, healthy families, child
protection services, kinship, and child care service provider
programs;
(3) Family services, including family violence prevention;
(4) Elder rights programs, including counseling on legal
rights and end-of-life decisions; and
(5) Children first and family first programs.
(D) A human rights division responsible for all of the
following bodies:
(1) Commission on African-American males;
(2) Commission on Hispanic-Latino affairs;
(3) Ohio civil rights commission;
(4) Legal rights service commission; and
(5) Ohio ethics commission.
Sec. 121.046. The department of community and institutional
rehabilitation
consists of the following divisions, with each
headed by the chief
of that division:
(A) A division of corrections officer administration
responsible for all of the following:
(1) Adult correction and youth correction officers;
(3) Employee relations and labor relations programs;
(4) Equal employment opportunity compliance programs;
(5) Training and assessment;
(7) Professional education;
(8) Security threat groups; and
(9) Special tactics and response teams.
(B) A division of correctional support services responsible
for all of the following:
(1) Health, safety, and religious services;
(2) Correctional health care and a corrections medical
center;
(3) Recovery and psychiatric treatment services;
(4) Food and library services;
(5) An office of mental health forensic services;
(6) The Ohio penal industries program and the agriculture
program related to it;
(8) Business operations; and
(9) Youth and continuing education programs.
(C) A division of correctional facilities maintenance
responsible for facilities construction, activation, and
maintenance activities.
(D) A division of parole and community services responsible
for all of the following:
(1) Adult detention services;
(2) A bureau of community sanctions;
(3) An office of victim services;
(4) Offender re-entry programs;
(5) Quality and community partnerships;
(6) A best practices institute;
(7) Interstate compact investigations;
(8) Offender supervision special services;
(9) Youth volunteer programs;
(10) Alcohol and drug addiction alternative treatment
programs; and
(11) Therapeutic community programs.
Sec. 121.047. The department of business
consists of the
following
divisions, with each headed by the
chief of that
division:
(A) A division of licensing responsible for
licensing,
enforcement, adjudication, investigations, continuing
education,
and examinations relating to all of the following
bodies:
(2) Ohio athletic commission;
(3) State board of examiners of architects;
(5) State board of cosmetology;
(6) Board of embalmers and funeral directors;
(7) State board of registration for professional engineers
and surveyors;
(8) Liquor control commission;
(9) Board of motor vehicle collision repair registration; and
(10) State racing commission.
(B) A division of financial institutions and securities
coordination responsible for both of the following:
(1) Chartering, licensing, and regulating financial
institutions; and
(2) Licensing and regulation relating to securities.
(C) A division of building and real estate coordination
responsible for all of the following:
(1) Licenses, permits, and inspections relating to building
and real estate, including amusement rides;
(2) Compliance with building codes; and
(3) The state board of building appeals.
(D) A division of insurance responsible for all
of the
following:
(2) Financial regulation services;
(3) Life and health insurance and property and casualty
insurance;
(4) Liquidation of insurance companies;
(5) Licensing of insurance agents;
(6) Regulation and enforcement of insurance laws; and
(7) Strategic planning and market forecasting.
Sec. 121.048. The department of resource protection consists
of the following
divisions, with each headed by the chief of that
division:
(A) A division of land responsible for all of the following:
(1) Mineral resources management;
(2) Parks and recreation;
(5) Natural areas and preserves;
(7) Farmland preservation;
(8) Specialty crop support;
(9) County agricultural societies and awards; and
(B) A waste and water division responsible for all of the
following:
(1) Shoreline preservation;
(4) Hazardous waste management and cleanup;
(5) Solid waste management;
(6) The Ohio Lake Erie commission; and
(7) The burr oak water plant.
(C) A resource quality assurance division responsible for all
of the following:
(1) Licensing and permitting;
(2) Inspection and investigation;
(3) Enforcement and adjudication;
(4) Food and drug safety;
(5) Consumer analytical laboratories;
(6) Emergency and remedial response activities;
(7) Utility radiological safety;
(8) Engineering activities;
(9) Wildlife and watercraft officers;
(10) The Ohio air quality development authority;
(11) The Ohio water development authority; and
(12) The environmental review appeals commission.
(D) A division of public awareness responsible for all of the
following:
(1) Resource conservation activities;
(2) Science advisory programs;
(3) Recycling and litter prevention programs;
(4) Pollution prevention programs;
(5) Natural resources publications;
(6) Resource information services;
(7) Geologic information services; and
(8) Clean Ohio operating programs.
(E) A division of grants and disbursements responsible for
administering and disbursing federal and state environmental and
agricultural grants.
Sec. 121.049. The department of development consists of the
following divisions, with each headed by the chief of that
division:
(A) A division of small business development;
(B) A division of job ready sites;
(C) A division of film, travel, and tourism;
(D) A division of international trade; and
(E) A division of grants and disbursements.
Sec. 121.05. Except as otherwise provided in this section,
in each department, there (A) There shall be an assistant
executive director for each department who is
designated by the
executive director of that department. In the department
of
health, there shall be two assistant directors, each of whom
shall
be
designated by
the director of health. In the department
of
transportation, there shall be an assistant director for
business
management, an assistant director for field operations,
and an
assistant director for transportation policy, each
of whom
shall
be designated by the director of transportation. In the
department
of insurance, the deputy superintendent of
insurance
shall be the
assistant director. In the department of
administrative services,
there shall be two assistant directors,
each of whom shall be
designated by the director of
administrative
services. In the
department of commerce, there shall be two
assistant directors,
each of whom shall be designated by the
director of
commerce. In
the department of
job and family
services, there
may be up to two
assistant directors, each of whom
shall be
designated by the
director of
job and family
services. In
each department with an
assistant director,
the The
assistant executive
director shall
act as executive director in the absence or
disability of
the
executive
director and also shall act as executive director when
the
position of executive
director is vacant, except that in the
department of
transportation, the department of health, the
department of
commerce, the department of administrative
services,
and the
department of
job and family services, the
director shall
designate which
assistant director shall act as
director in the
director's
absence. In each department without an assistant
director, the director shall designate a deputy director to act as
director in the absence or disability of the director.
A (B) An executive director may designate any of the
executive director's assistant executive
directors or
a deputy
executive director to serve in the executive director's place as
a
member of any board,
committee, authority, or commission of
which
the executive director is, by
law, a member. The designee, when
present, shall be counted in
determining whether a quorum is
present at any meeting. The
designee may
vote and participate in
all proceedings and actions of the board,
committee, authority, or
commission, provided that the designee
shall not execute or cause
a facsimile of the designee's
signature to be
placed on any
obligation, or execute any trust agreement or
indenture. The
designation shall be in writing, executed
by the
designating
executive
director, filed with the secretary of the board,
committee,
authority, or commission, and shall be in effect until
withdrawn
or superseded by a new designation.
Sec. 121.06. The officers mentioned in sections 121.04,
121.041 to 121.049, and
121.05 of the
Revised Code shall be
appointed by the executive
director of the department in which
their offices or divisions are
respectively created, and shall
hold office during the
pleasure of
such the executive director.
Sec. 121.07. (A) Except as otherwise provided in this
division, the The officers mentioned in sections 121.04, 121.041
to 121.049, and 121.05
of the Revised Code and the offices and
divisions they administer
shall be under the direction,
supervision, and control of the executive
directors of their
respective departments, and those officers shall perform such the
duties as the their respective executive directors prescribe. In
performing or exercising
any of the examination or regulatory
functions, powers, or duties
vested by Title XI, Chapters 1733.
and 1761., and sections 1315.01 to 1315.18 of the Revised Code in
the
superintendent of financial institutions,
the superintendent
of financial institutions and the division of financial
institutions are independent of and
are not subject to the control
of the department or the director
of commerce.
(B) With the approval of the governor, the The executive
director of each
department shall establish divisions within the
department,
and distribute the work of the department among such
the divisions. Each officer
created by section 121.04 of the
Revised Code shall be the head of such a
division.
With the approval of the governor, the director of each
department may consolidate any two or more of the offices created
in the department by section 121.04 of the Revised Code, or
reduce
the number of or create new divisions therein.
The listed in sections 121.04 and 121.041 to 121.049 of the
Revised Code in accordance with those sections and any other
applicable provision of law. The executive director of each
department may prescribe rules for the
government of the
department, the conduct of its employees,
the performance of its
business, and the custody, use, and preservation of the
records,
papers, books, documents, and
property pertaining thereto to the
department.
Sec. 121.11. (A) Each officer whose executive director
position or whose office or division is created by sections
121.02, 121.04, 121.041 to 121.049,
and 121.05 of the Revised
Code, before entering
upon the officer's duties
of
office, shall
take and subscribe an
oath of office as provided by law
and give
bond,
conditioned
according to law, with security to be approved
by the governor in
the penal sum, not less than ten thousand
dollars, fixed by the
governor. The department of administrative
services finance and
operations may
procure from any duly
authorized corporate surety a
blanket bond covering the
officers
described in those sections and
any other officers the governor
designates. The bond and oath of
the officers described in those
sections shall
be filed in the
office of the secretary of
state.
(B) The executive director of each department, with the
approval of
the governor, may
require any chief of a division, or
any officer or employee in
the executive director's department,
to
give bond in the amount the governor
prescribes. The bond or bonds
may, in the discretion of the executive director, be individual,
schedule, or blanket
bonds.
(C) The premium on any bond required or authorized by this
section may be
paid from the state treasury.
Sec. 121.13. The executive director of each department may,
with the approval of the
governor, may establish and appoint
advisory boards to aid in the conduct of the
work of his the
executive director's department or any division thereof of the
department.
Such The advisory boards shall
exercise no
administrative
function, and their members shall receive no
compensation, but may
receive their actual and necessary
expenses.
Sec. 121.15. The executive director of each department
shall, with the approval of the governor, shall
maintain a central
office at a location in the state that the executive director
finds
necessary for the efficient performance of the department.
The central
office of a department shall not be relocated
from
Columbus to another location in this state until the executive
director of
the department has conducted a cost-benefit analysis
of the relocation and
provided a copy of the analysis to the
governor, the speaker of the house of
representatives, and the
president of the senate and the relocation has been
approved by an
act of the general assembly.
The executive director of each department may, with the
approval of the governor, may
establish and maintain, at places
other than the
location of the central office, branch
offices for
the conduct of any one or more functions of the
department.
No relocation of departments or employees of departments from
one location
in this state to another shall be carried out that
will result in an increase
in the total number of employees of all
departments or an increase in the
total number of employees in any
department that is relocated. This section
does not prevent a
department from increasing the number of its employees to
meet the
demands of its workload or for any other reason arising from
circumstances unrelated to the department's relocation.
Sec. 121.17. Under the direction of the governor, the
executive directors of
departments shall devise a practical and
working basis for co-operation cooperation and
co-ordination
coordination of work and for the elimination of duplication and
overlapping
functions. They shall co-operate cooperate with each
other in the employment of
services and the use of quarters and
equipment. The executive director of any
department may empower or
require an employee of another department, subject
to the consent
of the superior officer of the employee, to perform any duty
which
he that the executive director might require of his the
director's own subordinates.
Section 2. That existing sections 121.02, 121.03, 121.05,
121.06, 121.07, 121.11, 121.13, 121.15, and 121.17 of the Revised
Code are hereby repealed.
Section 3. That section 121.04 of the Revised Code is hereby
repealed.
Section 4. Sections 1, 2, and 3 of this act take effect on
January 1, 2011. Prior to that effective date, the General
Assembly shall enact legislation that amends, repeals, and enacts
the sections of the Revised Code that are necessary to implement
this act and to provide for orderly transfer of the duties and
functions of the several executive departments and public bodies
of state government to the departments that are created by the
amendment of this act to section
121.02 of the Revised Code and
whose
responsibilities are delineated by the enactment by this
act of sections 121.04 and 121.041 to 121.049 of the Revised
Code, as enacted by this act.
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