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Sub. H. B. No. 495 As Reported by the House State Government CommitteeAs Reported by the House State Government Committee
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Book, Dodd
Cosponsors:
Representatives Gerberry, Mallory, Belcher, Williams, B., Daniels, Adams, J., Grossman, Hite, Jordan, Stebelton
A BILL
To amend sections 101.83, 101.84, 101.85, 101.86,
109.91, 121.084, 121.32, 127.14, 149.304, 173.03,
173.04, 901.90, 1349.71, 1506.22, 1506.23,
1506.24, 3301.90, 3302.021, 3302.10, 3311.71,
3312.01, 3312.09, 3313.6013, 3335.27, 3345.062,
3701.025, 3701.63, 3705.35, 3705.36, 3718.03,
3727.311, 3727.312, 3737.03, 3737.21, 3737.81,
3737.86, 3737.88, 3743.54, 3746.04, 3769.083,
3769.085, 3769.086, 4121.03, 4121.121, 4121.77,
4123.341, 4123.342, 4123.35, 4169.02, 4169.03,
4169.04, 4169.05, 4169.06, 4503.52, 4503.77,
4723.61, 4723.63, 4723.69, 5104.39, and 5123.093;
to amend, for the purpose of adopting new section
numbers as indicated in parentheses, sections
1506.22 (6161.04), 1506.23 (6161.05), and 1506.24
(6161.06); to enact sections 125.835 and 6161.021;
and to repeal sections 101.37, 122.98, 122.981,
125.833, 184.23, 184.231, 1501.25, 1733.329,
1733.3210, 2151.282, 2323.44, 3312.11, 3312.12,
3319.70, 3319.71, 3701.92, 3702.92, 3746.03,
3769.084, 4121.79, 4501.025, 4723.62, 4723.621,
4981.35, 5104.08, 5111.710, and 5902.15 of the
Revised Code; to repeal section 101.38 of the
Revised Code on December 31, 2011; to amend
Section 203 of Am. Sub. H.B. 15 of the 128th
General Assembly, Section 20 of Am. Sub. H.B. 554
of the 127th General Assembly, Section 513.03 of
Am. Sub. H.B. 66 of the 126th General Assembly as
subsequently amended, and Section 15.02 of Am.
Sub. H.B. 640 of the 123rd General Assembly; and
to repeal Section 309.40.70 of Am. Sub. H.B. 1 of
the 128th General Assembly, Section 3 of Am. H.B.
416 of the 127th General Assembly, Sections
265.70.20, 709.10, and 751.13 of Am. Sub. H.B. 1
of the 128th General Assembly, Sections 755.40,
755.80, and 756.40 of Am. Sub. H.B. 2 of the 128th
General Assembly, Section 3 of Sub. H.B. 7 of the
127th General Assembly, Section 555.17 of Am. Sub.
H.B. 67 of the 127th General Assembly, Sections
263.30.30, 337.20.20, 377.20, 737.11, and 737.12
of Am. Sub. H.B. 119 of the 127th General
Assembly, Sections 6 and 7 of Sub. H.B. 125 of the
127th General Assembly, Section 2 of Sub. H.B. 233
of the 127th General Assembly, Section 3 of Am.
H.B. 416 of the 127th General Assembly, Sections
703.30 and 715.50 of Am. Sub. H.B. 562 of the
127th General Assembly, Section 512.45 of Am. Sub.
H.B. 100 of the 127th General Assembly as
subsequently amended, Section 4 of Am. Sub. S.B.
77 of the 127th General Assembly, Sections
206.10.12, 206.42.12, 206.66.24, 206.66.43,
209.63.58, 503.09, 503.12, and 560.03 of Am. Sub.
H.B. 66 of the 126th General Assembly, Sections 3
and 4 of Sub. H.B. 187 of the 126th General
Assembly, Section 1 of Sub. H.B. 371 of the 126th
General Assembly, Section 235.60.70 of Am. Sub.
H.B. 699 of the 126th General Assembly, Section 3
of Am. Sub. S.B. 167 of the 126th General
Assembly, Section 5 of Am. Sub. S.B. 260 of the
126th General Assembly, Section 3 of Am. Sub. S.B.
311 of the 126th General Assembly, Section 3 of
Sub. S.B. 393 of the 126th General Assembly,
Sections 12 and 25 of Am. Sub. H.B. 87 of the
125th General Assembly, Sections 41.35 and 153 of
Am. Sub. H.B. 95 of the 125th General Assembly,
Section 3 of Sub. H.B. 204 of the 125th General
Assembly, Section 8 of Sub. H.B. 299 of the 125th
General Assembly, Section 6 of Am. Sub. H.B. 516
of the 125th General Assembly, Section 3 of Am.
Sub. S.B. 86 of the 125th General Assembly,
Section 5 of Sub. H.B. 57 of the 124th General
Assembly, Section 3 of Am. Sub. H.B. 474 of the
124th General Assembly, Section 4 of Am. Sub. S.B.
281 of the 124th General Assembly, Section 701.20
of Am. Sub. H.B. 562 of the 127th General Assembly
as subsequently amended, Section 206.66.53 of Am.
Sub. H.B. 66 of the 126th General Assembly as
subsequently amended, Section 6 of Sub. H.B. 336
of the 126th General Assembly as subsequently
amended, Section 755.03 of Am. Sub. H.B. 530 of
the 126th General Assembly, as subsequently
amended, Section 6 of Am. Sub. S.B. 238 of the
126th General Assembly as subsequently amended,
Section 8 of Am. Sub. S.B. 311 of the 126th
General Assembly as subsequently amended, Section
152 of Am. Sub. H.B. 95 of the 125th General
Assembly, as subsequently amended, Section 59.29
of Am. Sub. H.B. 95 of the 125th General Assembly
as subsequently amended, and Section 69 of H.B.
117 of the 121st General Assembly as subsequently
amended to abolish, terminate, transfer, or renew
various agencies and by reestablishing the Sunset
Review Committee but postponing its operation
until the 132nd General Assembly, and to terminate
the operation of certain provisions of this act on
December 31, 2016, by repealing sections 101.82,
101.83, 101.84, 101.85, 101.86, and 101.87 of the
Revised Code on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 101.83, 101.84, 101.85, 101.86,
109.91, 121.084, 121.32, 127.14, 149.304, 173.03, 173.04, 901.90,
1349.71, 1506.22, 1506.23, 1506.24, 3301.90, 3302.021, 3302.10,
3311.71, 3312.01, 3312.09, 3313.6013, 3335.27, 3345.062, 3701.025,
3701.63, 3705.35, 3705.36, 3718.03, 3727.311, 3727.312, 3737.03,
3737.21, 3737.81, 3737.86, 3737.88, 3743.54, 3746.04, 3769.083,
3769.085, 3769.086, 4121.03, 4121.121, 4121.77, 4123.341,
4123.342, 4123.35, 4169.02, 4169.03, 4169.04, 4169.05, 4169.06,
4503.52, 4503.77, 4723.61, 4723.63, 4723.69, 5104.39, and 5123.093
be amended, sections 1506.22 (6161.04), 1506.23 (6161.05), and
1506.24 (6161.06) be amended for the purpose of adopting new
section numbers as indicated in parentheses, and sections 125.835
and 6161.021 of the Revised Code be enacted to read as follows:
Sec. 101.83. (A) An agency in existence on January 1, 2005
2011, shall expire on December 31, 2010 2016, 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 2011, 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 2011, 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 director of budget and management 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 2015 and 2010 2016. 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 131st 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 that committee member's 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 2016. A vacancy on the committee shall be filled
in the same manner as the original appointment.
In the first regular session of the 128th 131st 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 131st 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 131st
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 2015, shall schedule
for review each agency in existence on January 1, 2009 2015. 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 2015 and
calendar year 2010 2016 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 2015, 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 months prior to the date
on which an agency in existence on January 1, 2009 2015, 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 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. 109.91. (A) There is hereby established within the
office of the attorney general the crime victims assistance
office.
(B) There is hereby established the state victims assistance
advisory committee council. The committee council shall consist of
a chairperson, to be appointed by the attorney general, three ex
officio members, and fifteen members to be appointed by the
attorney general as follows: one member who represents the Ohio
victim-witness association; three members who represent local
victim assistance programs, including one from a municipally
operated program and one from a county-operated program; one
member who represents the interests of elderly victims; one member
who is a board member of any statewide or local organization that
exists primarily to aid victims of domestic violence, or who is an
employee of, or counselor for, such an organization; one member
who is an employee or officer of a county probation department or
a probation department operated by the department of
rehabilitation and correction; one member who is a county
prosecuting attorney; one member who is a city law director; one
member who is a county sheriff; one member who is a member or
officer of a township or municipal police department; one member
who is a court of common pleas judge; one member who is a
municipal court judge or county court judge; and two members who
are private citizens and are not government employees.
The committee council shall include the following ex officio,
nonvoting members: the attorney general, one member of the senate
to be designated by the president of the senate, and one member of
the house of representatives to be designated by the speaker of
the house.
Members of the committee council shall serve without
compensation, but shall be reimbursed for travel and other
necessary expenses that are incurred in the conduct of their
official duties as members of the committee council. The
chairperson and members of the committee council appointed by the
attorney general shall serve at the pleasure of the attorney
general. The attorney general shall serve on the committee council
until the end of the term of office that qualified the attorney
general for membership on the
committee council. The member of the
senate and the member of the house of representatives shall serve
at the pleasure of the president of the senate and the speaker of
the house of representatives, respectively.
(C) The victims assistance advisory committee council shall
perform both of the following duties:
(1) Advise the crime victims assistance office in determining
crime and delinquency victim service needs, determining crime and
delinquency victim policies for the state, and improving and
exercising leadership in the quality of crime and delinquency
victim programs in the state;
(2) Review and recommend to the crime victims assistance
office the victim assistance programs that should be considered
for the receipt of state financial assistance pursuant to section
109.92 of the Revised Code. The financial assistance allocation
recommendations of the committee council shall be based on the
following priorities:
(a) Programs in existence on July 1, 1985, shall be given
first priority;
(b) Programs offering or proposing to offer the broadest
range of services and referrals to the community served, including
medical, psychological, financial, educational, vocational, and
legal services that were not in existence on July 1, 1985, shall
be given second priority;
(c) Other qualified programs shall be given last priority.
(D) As used in this section and section 109.92 of the Revised
Code, "victim assistance program" includes, but is not limited to
a program that provides at least one of the following:
(1) Services to victims of any offense of violence or
delinquent act that would be an offense of violence if committed
by an adult;
(2) Financial assistance or property repair services to
victims of crime or delinquent acts;
(3) Assistance to victims of crime or delinquent acts in
judicial proceedings;
(4) Assistance to victims of crime or delinquent acts under
the operation of any political subdivision of the state or a
branch of the criminal justice system set forth in division
(B)(1)(a), (b), or (c) of section 5502.61 of the Revised Code;
(5) Technical assistance to persons or organizations that
provide services to victims of crime or delinquent acts under the
operation of a branch of the criminal justice system set forth in
division (B)(1)(a), (b), or (c) of section 5502.61 of the Revised
Code.
A victim assistance program does not include the program for
the reparation of crime victims established pursuant to Chapter
2743. of the Revised Code.
Sec. 121.084. (A) All moneys collected under sections
3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20,
4169.03, 4171.04, and 5104.051 of the Revised Code, and any other
moneys collected by the division of labor shall be paid into the
state treasury to the credit of the labor operating fund, which is
hereby created. The department of commerce shall use the moneys in
the fund for paying the operating expenses of the division and the
administrative assessment described in division (B) of this
section.
(B) The director of commerce, with the approval of the
director of budget and management, shall prescribe procedures for
assessing the labor operating fund a proportionate share of the
administrative costs of the department of commerce. The assessment
shall be made in accordance with those procedures and be paid from
the labor operating fund to the division of administration fund
created in section 121.08 of the Revised Code.
Sec. 121.32. The commission on Hispanic-Latino affairs
shall:
(A) Gather and disseminate information and conduct hearings,
conferences, investigations, and special studies on problems and
programs concerning Spanish-speaking people;
(B) Secure appropriate recognition of the accomplishments and
contributions of Spanish-speaking people to this state;
(C) Stimulate public awareness of the problems of
Spanish-speaking people by conducting a program of public
education;
(D) Develop, coordinate, and assist other public and private
organizations that serve Spanish-speaking people, including the
conducting of training programs for community leadership and
service project staff;
(E) Advise the governor, general assembly, and state
departments and agencies of the nature, magnitude, and priorities
of the problems of Spanish-speaking people;
(F) Advise the governor, general assembly, and state
departments and agencies on, and assist in the development and
implementation of, comprehensive and coordinated policies,
programs, and procedures focusing on the special problems and
needs of Spanish-speaking people, especially in the fields of
education, employment, energy, health, housing, welfare, and
recreation;
(G) Propose new programs concerning Spanish-speaking people
to public and private agencies and evaluate for such agencies
existing programs or prospective legislation concerning
Spanish-speaking people;
(H) Review and approve grants to be made from federal, state,
or private funds which are administered or subcontracted by the
office of Spanish-speaking affairs;
(I) Review and approve the annual report prepared by the
office of Spanish-speaking affairs;
(J) Create an interagency council consisting of the following
persons or their authorized representatives: 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; the directors of administrative services,
agriculture, education, development, health, highway safety, job
and family services, liquor control, mental health, developmental
disabilities, natural resources, rehabilitation and correction,
youth services, transportation, environmental protection, and
budget and management; the chairperson of the Ohio civil rights
commission, the administrators of the bureau of workers'
compensation and the rehabilitation services commission, and an
additional member of the governor's cabinet appointed by the
governor. The commission on Hispanic-Latino affairs, by rule, may
designate other state officers or their representatives to be
members of the council. The director of the commission shall be
the chairperson of the council.
The interagency council shall provide Provide and coordinate
with state agencies the exchange of information relative to the
needs of Spanish-speaking people and to promote the delivery of
state services to such people.
The council shall meet at the call
of the chairperson.
Sec. 125.835. There is hereby continued a multi-agency radio
communications system (MARCS) steering committee consisting of the
designees of the directors of administrative services, public
safety, natural resources, transportation, rehabilitation and
correction, and budget and management. The director of
administrative services or the director's designee shall chair the
committee. The committee shall provide assistance to the Director
of administrative services towards the development of policies for
the ongoing management of the MARCS system.
Sec. 127.14. The controlling board may, at the request of
any state agency or the director of budget and management,
authorize, with respect to the provisions of any appropriation
act:
(A) Transfers of all or part of an appropriation within but
not between state agencies, except such transfers as the director
of budget and management is authorized by law to make, provided
that no transfer shall be made by the director for the purpose of
effecting new or changed levels of program service not authorized
by the general assembly;
(B) Transfers of all or part of an appropriation from one
fiscal year to another;
(C) Transfers of all or part of an appropriation within or
between state agencies made necessary by administrative
reorganization or by the abolition of an agency or part of an
agency;
(D) Transfers of all or part of cash balances in excess of
needs from any fund of the state to the general revenue fund or to
such other fund of the state to which the money would have been
credited in the absence of the fund from which the transfers are
authorized to be made, except that the controlling board may not
authorize such transfers from the accrued leave liability fund,
auto registration distribution fund, budget stabilization fund,
development bond retirement fund, facilities establishment fund,
gasoline excise tax fund, general revenue fund, higher education
improvement fund, highway improvement bond retirement fund,
highway obligations bond retirement fund, highway capital
improvement fund, highway operating fund, horse racing tax fund,
improvements bond retirement fund, public library fund, liquor
control fund, local government fund, local transportation
improvement program fund, mental health facilities improvement
fund, Ohio fairs fund, parks and recreation improvement fund,
public improvements bond retirement fund, school district income
tax fund, state agency facilities improvement fund, state and
local government highway distribution fund, state highway safety
fund, state lottery fund, undivided liquor permit fund, Vietnam
conflict compensation bond retirement fund, volunteer fire
fighters' dependents fund, waterways safety fund, wildlife fund,
workers' compensation fund, workers' compensation council
remuneration fund, or any fund not specified in this division that
the director of budget and management determines to be a bond fund
or bond retirement fund;
(E) Transfers of all or part of those appropriations included
in the emergency purposes account of the controlling board;
(F) Temporary transfers of all or part of an appropriation or
other moneys into and between existing funds, or new funds, as may
be established by law when needed for capital outlays for which
notes or bonds will be issued;
(G) Transfer or release of all or part of an appropriation to
a state agency requiring controlling board approval of such
transfer or release as provided by law;
(H) Temporary transfer of funds included in the emergency
purposes appropriation of the controlling board. Such temporary
transfers may be made subject to conditions specified by the
controlling board at the time temporary transfers are authorized.
No transfers shall be made under this division for the purpose of
effecting new or changed levels of program service not authorized
by the general assembly.
As used in this section, "request" means an application by a
state agency or the director of budget and management seeking some
action by the controlling board.
When authorizing the transfer of all or part of an
appropriation under this section, the controlling board may
authorize the transfer to an existing appropriation item and the
creation of and transfer to a new appropriation item.
Whenever there is a transfer of all or part of funds included
in the emergency purposes appropriation by the controlling board,
pursuant to division (E) of this section, the state agency or the
director of budget and management receiving such transfer shall
keep a detailed record of the use of the transferred funds. At the
earliest scheduled meeting of the controlling board following the
accomplishment of the purposes specified in the request originally
seeking the transfer, or following the total expenditure of the
transferred funds for the specified purposes, the state agency or
the director of budget and management shall submit a report on the
expenditure of such funds to the board. The portion of any
appropriation so transferred which is not required to accomplish
the purposes designated in the original request to the controlling
board shall be returned to the proper appropriation of the
controlling board at this time.
Notwithstanding any provisions of law providing for the
deposit of revenues received by a state agency to the credit of a
particular fund in the state treasury, whenever there is a
temporary transfer of funds included in the emergency purposes
appropriation of the controlling board pursuant to division (H) of
this section, revenues received by any state agency receiving such
a temporary transfer of funds shall, as directed by the
controlling board, be transferred back to the emergency purposes
appropriation.
The board may delegate to the director of budget and
management authority to approve transfers among items of
appropriation under division (A) of this section.
Sec. 149.304. Any person owning or in possession of an Ohio
homestead or tract of land which has been owned or in the
possession of his the person's family for one hundred years or
more may apply to the Ohio historical society to list the
homestead or tract of land in a register to be maintained by the
society. The society shall provide forms for such applications and
shall submit applications received to the Ohio historic site
preservation advisory board, which shall rule on the authenticity
of the homestead or ownership or possession of the tract of land
according to criteria it shall establish and make public.
Upon authentication of the homestead or tract of land by the
board, the society shall list the homestead or tract of land on
its register and provide the applicant with a plaque of suitable
design determined by the society to be affixed to the homestead or
tract of land. The plaque shall identify the homestead or tract of
land as an historic homestead and specify that it is one hundred
years or more old as of the date of recognition. If the date or
year of construction of the homestead or purchase of tract of land
is known, that date or year may appear on the plaque in lieu of
the fact that the homestead or tract of land is one hundred years
or more old. The plaque shall not bear the name of any member of
the society, board, or any other public official, but may carry an
appropriate emblem to be determined by the society.
All costs of administering the historic homestead register
program, including maintenance of the register, research into the
authenticity of the homestead or tract of land, plaque, and plaque
design, and mailing costs, shall be determined by the society and
shall be borne by the applicant.
The applicant shall be responsible for displaying the plaque
on the homestead or tract of land in a suitable manner, and shall
bear all costs of such display.
The society may arrange to present plaques to applicants so
desiring at the society's annual meeting.
Sec. 173.03. (A) There is hereby created the Ohio advisory
council for the aging, which shall consist of twelve members to be
appointed by the governor with the advice and consent of the
senate. Two ex officio members of the council shall be members of
the house of representatives appointed by the speaker of the house
of representatives and shall be members of two different political
parties. Two ex officio members of the council shall be members of
the senate appointed by the president of the senate and shall be
members of two different political parties. The directors of
mental health, developmental disabilities, health, and job and
family services, or their designees, shall serve as ex officio
members of the council. The council shall carry out its role as
defined under the "Older Americans Act of 1965," 79 Stat. 219, 42
U.S.C. 3001, as amended.
At the first meeting of the council, and annually thereafter,
the members shall select one of their members to serve as
chairperson and one of their members to serve as vice-chairperson.
(B) Members of the council shall be appointed for a term of
three years, except that for the first appointment members of the
Ohio commission on aging who were serving on the commission
immediately prior to July 26, 1984, shall become members of the
council for the remainder of their unexpired terms. Thereafter,
appointment to the council shall be for a three-year term by the
governor. Each member shall hold office from the date of
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 the term. Any
No member may shall continue in office subsequent to the
expiration date of the member's term until a successor takes
office and shall be compensated for the period served between the
expiration of the member's term and the beginning of the
successor's term unless reappointed under the provisions of this
section, and no member shall serve more than three consecutive
terms on the council.
(C) Membership of the council shall represent all areas of
Ohio and shall be as follows:
(1) A majority of members of the council shall have attained
the age of sixty and have a knowledge of and continuing interest
in the affairs and welfare of the older citizens of Ohio. The
fields of business, labor, health, law, and human services shall
be represented in the membership.
(2) No more than seven members shall be of the same political
party.
(D) Any member of the council may be removed from office by
the governor for neglect of duty, misconduct, or malfeasance in
office after being informed in writing of the charges and afforded
an opportunity for a hearing. Two consecutive unexcused absences
from regularly scheduled meetings constitute neglect of duty.
(E) Members of the council shall be compensated at the rate
of fifty dollars for each day actually employed in the discharge
of official duties but not to exceed two thousand dollars per year
and in addition shall be allowed actual and necessary expenses The
director of aging may reimburse a member for actual and necessary
traveling and other expenses incurred in the discharge of official
duties; but reimbursement shall be made in the manner, and at
rates that do not exceed those, prescribed by the director of
budget and management for any officer, member, or employee of, or
consultant to, any state agency.
(F) Council members are not limited as to the number of terms
they may serve.
(G) Council members shall not be interested directly or
indirectly in any contract awarded by the department of aging
The
department of aging may award grants to or enter into contracts
with a member of the advisory council or an entity that the member
represents if any of the following apply:
(1) The department determines that the member or the entity
the member represents is capable of providing the goods or
services specified under the terms of the grant or contract.
(2) The member has not taken part in any discussion or vote
of the council related to whether the council should recommend
that the department of aging award the grant to or enter into the
contract with the member of the advisory council or the entity
that the member represents.
(H) A member of the advisory 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 (F) of this section have been met.
Sec. 173.04. (A) As used in this section, "respite care"
means short-term, temporary care or supervision provided to a
person who has Alzheimer's disease in the absence of the person
who normally provides that care or supervision.
(B) Through the internet web site maintained by the
department of aging, the director of aging shall disseminate
Alzheimer's disease training materials for licensed physicians,
registered nurses, licensed practical nurses, administrators of
health care programs, social workers, and other health care and
social service personnel who participate or assist in the care or
treatment of persons who have Alzheimer's disease. The training
materials disseminated through the web site may be developed by
the director or obtained from other sources.
(C) To the extent funds are available, the director shall
administer respite care programs and other supportive services for
persons who have Alzheimer's disease and their families or care
givers. Respite care programs shall be approved by the director
and shall be provided for the following purposes:
(1) Giving persons who normally provide care or supervision
for a person who has Alzheimer's disease relief from the stresses
and responsibilities that result from providing such care;
(2) Preventing or reducing inappropriate institutional care
and enabling persons who have Alzheimer's disease to remain at
home as long as possible.
(D) The director may provide services under this section to
persons with Alzheimer's disease and their families regardless of
the age of the persons with Alzheimer's disease.
(E) The director shall may adopt rules in accordance with
Chapter 119. of the Revised Code governing respite care programs
and other supportive services, the distribution of funds, and the
purpose for which funds may be utilized under this section.
(F) The director may create an Alzheimer's disease and
related disorders task force to advise the director on the
following:
(1) The rights of persons with Alzheimer's disease and
related disorders;
(2) The development and evaluation of education and training
programs, home care programs, and respite care programs that serve
persons with Alzheimer's disease and related disorders;
(3) How to serve persons with Alzheimer's disease and related
disorders in Ohio's unified long-term care budget system.
If a task force is created, the members shall include
representatives of the Alzheimer's disease association and other
organizations the director considers appropriate.
Sec. 901.90. (A) There is hereby created in the state
treasury the Ohio agriculture license plate scholarship fund
consisting of the contributions the registrar of motor vehicles
receives pursuant to section 4503.503 of the Revised Code. Money
shall be expended from the fund only as provided in division
(C)(B) of this section.
(B)(1) There is hereby created the Ohio agriculture license
plate scholarship fund board, consisting of the director of
agriculture or the director's designee and one representative
appointed by each of the following organizations:
(a) The Ohio agriculture council;
(b) The Ohio corngrowers association;
(c) The Ohio farm bureau federation;
(d) The Ohio soy association;
(e) The Ohio state university college of food, agricultural,
and environmental sciences;
(f) The Ohio young farmers association.
(2) All original appointments to the board shall be made not
later than ninety days after the effective date of this section,
and all vacancies shall be filled in the same manner as the
original appointment. Members of the board shall serve without
compensation but shall be reimbursed for the actual expenses they
incur in performing their duties. The director of agriculture or
the director's designee shall serve as chairperson. The board
shall adopt rules governing their meetings and proceedings.
(C) There is hereby established the Ohio agriculture license
plate scholarship program to benefit students who attend an
institution of higher learning located in this state and are
enrolled in a program that is related to agriculture. The board
director of agriculture shall adopt rules governing all aspects of
the program, including any additional eligibility requirements,
the application process, scholarship amounts, and any requirements
a student must meet in order to retain a scholarship.
All decisions of the board director relating to the
scholarship program, including the decision to award, renew, not
renew, or revoke a scholarship, are final.
Sec. 1349.71. (A) There is hereby created a consumer finance
education board, consisting of the following twelve members:
(1) An employee of the Ohio attorney general's office,
appointed by the governor;
(2) An employee of the department of commerce, appointed by
the governor;
(3) An employee of the Ohio housing finance agency, appointed
by the governor;
(4) A representative of Ohio minority advocacy groups,
appointed by the governor;
(5) A member of the Ohio bankers league, appointed by the
speaker of the house of representatives;
(6) A member of the Ohio mortgage bankers association,
appointed by the speaker of the house of representatives;
(7) A member of the Ohio credit union league, appointed by
the speaker of the house of representatives;
(8) A member of the Ohio community bankers association,
appointed by the speaker of the house of representatives;
(9) A representative of the Ohio real estate industry,
appointed by the president of the senate;
(10) A member of the Ohio mortgage brokers association,
appointed by the president of the senate;
(11) A representative of the financial services industry,
appointed by the president of the senate;
(12) A representative of consumer advocacy organizations,
appointed by the president of the senate.
(B) Geographically diverse representation of the state shall
be considered in making appointments. Of the initial appointments
to the board, four shall be for a term ending December 31, 2008,
four shall be for a term ending December 31, 2009, and four shall
be for a term ending December 31, 2010. Thereafter, terms of
office are for three years, commencing on the first day of January
and ending on the thirty-first day of December. Each member shall
hold office from the date of the member's appointment until the
end of the term for which the member is appointed. Prior to
assuming the duties of office, each member shall subscribe to, and
file with the secretary of state, the constitutional oath of
office. Vacancies that occur on the board shall be filled in the
manner prescribed for regular appointments to the board. A 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 that predecessor's term. 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
sixty days have elapsed, whichever occurs first. No person shall
serve as a member of the board for more than two consecutive
terms. The governor may remove a member pursuant to section 3.04
of the Revised Code.
(C) Annually, upon the qualification of the members appointed
in that year, the board shall organize by selecting from its
members a chairperson. The board shall meet at least once each
calendar quarter to conduct its business with the place of future
meetings to be decided by a vote of its members. Each member shall
be provided with written notice of the time and place of each
board meeting at least ten days prior to the scheduled date of the
meeting. A majority of the members of the board constitutes a
quorum to transact and vote on all business coming before the
board.
(D)(1) The governor shall call the first meeting of the
consumer finance education board. At that meeting, and annually
thereafter, the board shall elect a chairperson for a one-year
term and may elect members to other positions on the board as the
board considers necessary or appropriate.
(2) Each member of the board shall receive an amount fixed
pursuant to division (J) of section 124.15 of the Revised Code for
each day employed in the discharge of the member's official
duties, and the member's actual and necessary expenses incurred in
the discharge of those duties.
(E) The board may obtain services from any state agency,
including, but not limited to, the department of commerce or its
successor agency.
(F) The board shall assemble an advisory committee of
representatives from the following organizations or groups for the
purpose of receiving recommendations on policy, rules, and
activities of the board:
(1) The department of aging;
(2) The department of rehabilitation and correction;
(3) The department of development;
(4) The department of job and family services;
(5) The Ohio treasurer of state's office;
(6) The county treasurers association of Ohio;
(7) Ohio college professors;
(8) Ohio university professors;
(9) The Ohio board of regents;
(10) The Ohio community development corporations association;
(11) The Ohio council for economic education;
(12) The Ohio state university extension service.
Sec. 3301.90. The governor shall create the early childhood
advisory council in accordance with 42 U.S.C. 9837b(b)(1) and
shall appoint one of its members to serve as chairperson of the
council. The council shall serve as the state advisory council on
early childhood education and care, as described in 42 U.S.C.
9837b(b)(1). In addition to the duties specified in 42 U.S.C.
9837b(b)(1), the council shall advise the state regarding the
creation and duties of the center for early childhood development
and shall promote family-centered programs and services that
acknowledge and support the social, emotional, cognitive,
intellectual, and physical development of children and the vital
role of families in ensuring the well-being and success of
children.
The council shall also develop recommendations that explore
the implementation of a single financing system for early care and
education programs that includes aligned payment mechanisms and
consistent eligibility and copayment policies. The council shall
submit its recommendations to the governor.
Sec. 3302.021. (A) Not earlier than July 1, 2005, and not
later than July 1, 2007, the department of education shall
implement a value-added progress dimension for school districts
and buildings and shall incorporate the value-added progress
dimension into the report cards and performance ratings issued for
districts and buildings under section 3302.03 of the Revised Code.
The state board of education shall adopt rules, pursuant to
Chapter 119. of the Revised Code, for the implementation of the
value-added progress dimension. In adopting rules, the state board
shall consult with the Ohio accountability task force established
under division (E) of this section. The rules adopted under this
division shall specify both of the following:
(1) A scale for describing the levels of academic progress in
reading and mathematics relative to a standard year of academic
growth in those subjects for each of grades three through eight;
(2) That the department shall maintain the confidentiality of
individual student test scores and individual student reports in
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the
Revised Code and federal law. The department may require school
districts to use a unique identifier for each student for this
purpose. Individual student test scores and individual student
reports shall be made available only to a student's classroom
teacher and other appropriate educational personnel and to the
student's parent or guardian.
(B) The department shall use a system designed for collecting
necessary data, calculating the value-added progress dimension,
analyzing data, and generating reports, which system has been used
previously by a non-profit nonprofit organization led by the Ohio
business community for at least one year in the operation of a
pilot program in cooperation with school districts to collect and
report student achievement data via electronic means and to
provide information to the districts regarding the academic
performance of individual students, grade levels, school
buildings, and the districts as a whole.
(C) The department shall not pay more than two dollars per
student for data analysis and reporting to implement the
value-added progress dimension in the same manner and with the
same services as under the pilot program described by division (B)
of this section. However, nothing in this section shall preclude
the department or any school district from entering into a
contract for the provision of more services at a higher fee per
student. Any data analysis conducted under this section by an
entity under contract with the department shall be completed in
accordance with timelines established by the superintendent of
public instruction.
(D) The department shall share any aggregate student data and
any calculation, analysis, or report utilizing aggregate student
data that is generated under this section with the chancellor of
the Ohio board of regents. The department shall not share
individual student test scores and individual student reports with
the chancellor.
(E)(1) There is hereby established the Ohio accountability
task force. The task force shall consist of the following thirteen
members:
(a) The chairpersons and ranking minority members of the
house of representatives and senate standing committees primarily
responsible for education legislation, who shall be nonvoting
members;
(b) One representative of the governor's office, appointed by
the governor;
(c) The superintendent of public instruction, or the
superintendent's designee;
(d) One representative of teacher employee organizations
formed pursuant to Chapter 4117. of the Revised Code, appointed by
the speaker of the house of representatives;
(e) One representative of school district boards of
education, appointed by the president of the senate;
(f) One school district superintendent, appointed by the
speaker of the house of representatives;
(g) One representative of business, appointed by the
president of the senate;
(h) One representative of a non-profit nonprofit organization
led by the Ohio business community, appointed by the governor;
(i) One school building principal, appointed by the president
of the senate;
(j) A member of the state board of education, appointed by
the speaker of the house of representatives.
Initial appointed members of the task force shall serve until
January 1, 2005. Thereafter, terms of office for appointed members
shall be for two years, each term ending on the same day of the
same month as did the term that it succeeds. Each appointed member
shall hold office from the date of appointment until the end of
the term for which the member was appointed. Members may be
reappointed. Vacancies shall be filled in the same manner as the
original appointment. 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 that term.
The task force shall select from among its members a
chairperson. The task force shall meet at least six times once
each calendar year and at other times upon the call of the
chairperson to conduct its business. Members of the task force
shall serve without compensation.
(2) The task force shall do all of the following:
(a) Examine the implementation of the value-added progress
dimension by the department, including the system described in
division (B) of this section, the reporting of performance data to
school districts and buildings, and the provision of professional
development on the interpretation of the data to classroom
teachers and administrators;
(b) Periodically review any fees for data analysis and
reporting paid by the department pursuant to division (C) of this
section and determine if the fees are appropriate based upon the
level of services provided;
(c) Periodically report to the department and the state board
on all issues related to the school district and building
accountability system established under this chapter;
(d) Not later than seven years after its initial meeting,
make recommendations to improve the school district and building
accountability system established under this chapter. The task
force shall adopt recommendations by a majority vote of its
members. Copies of the recommendations shall be provided to the
state board, the governor, the speaker of the house of
representatives, and the president of the senate.
(e) Determine starting dates for the implementation of the
value-added progress dimension and its incorporation into school
district and building report cards and performance ratings.
Sec. 3302.10. (A) Beginning July 1, 2007, the superintendent
of public instruction shall establish an academic distress
commission for each school district that has been declared to be
in a state of academic emergency pursuant to section 3302.03 of
the Revised Code and has failed to make adequate yearly progress
for four or more consecutive school years. Each commission shall
assist the district for which it was established in improving the
district's academic performance.
Each commission is a body both corporate and politic,
constituting an agency and instrumentality of the state and
performing essential governmental functions of the state. A
commission shall be known as the "academic distress commission for
............... (name of school district)," and, in that name, may
exercise all authority vested in such a commission by this
section. A separate commission shall be established for each
school district to which this division applies.
(B) Each academic distress commission shall consist of five
voting members, three of whom shall be appointed by the
superintendent of public instruction and two of whom shall be
residents of the applicable school district appointed by the
president of the district board of education. When a school
district becomes subject to this section, the superintendent of
public instruction shall provide written notification of that fact
to the district board of education and shall request the president
of the district board to submit to the superintendent of public
instruction, in writing, the names of the president's appointees
to the commission. The superintendent of public instruction and
the president of the district board shall make appointments to the
commission within thirty days after the district is notified that
it is subject to this section.
Members of the commission shall serve at the pleasure of
their appointing authority during the life of the commission. In
the event of the death, resignation, incapacity, removal, or
ineligibility to serve of a member, the appointing authority shall
appoint a successor within fifteen days after the vacancy occurs.
Members shall serve without compensation, but shall be paid by the
school district for which the commission is created their
necessary and actual expenses incurred while engaged in the
business of the commission.
(C) Immediately after appointment of the initial members of
an academic distress commission, the superintendent of public
instruction shall call the first meeting of the commission and
shall cause written notice of the time, date, and place of that
meeting to be given to each member of the commission at least
forty-eight hours in advance of the meeting. The first meeting
shall include an overview of the commission's roles and
responsibilities, the requirements of section 2921.42 and Chapter
102. of the Revised Code as they pertain to commission members,
the requirements of section 121.22 of the Revised Code, and the
provisions of division (F) of this section. At its first meeting,
the commission shall adopt temporary bylaws in accordance with
division (D) of this section to govern its operations until the
adoption of permanent bylaws.
The superintendent of public instruction shall designate a
chairperson for the commission from among the members appointed by
the superintendent. The chairperson shall call and conduct
meetings, set meeting agendas, and serve as a liaison between the
commission and the district board of education. The chairperson
also shall appoint a secretary, who shall not be a member of the
commission.
The department of education shall provide administrative
support for the commission, provide data requested by the
commission, and inform the commission of available state resources
that could assist the commission in its work.
(D) Each academic distress commission may adopt and alter
bylaws and rules, which shall not be subject to section 111.15 or
Chapter 119. of the Revised Code, for the conduct of its affairs
and for the manner, subject to this section, in which its powers
and functions shall be exercised and embodied.
(E) Three members of an academic distress commission
constitute a quorum of the commission. The affirmative vote of
three members of the commission is necessary for any action taken
by vote of the commission. No vacancy in the membership of the
commission shall impair the rights of a quorum by such vote to
exercise all the rights and perform all the duties of the
commission. Members of the commission are not disqualified from
voting by reason of the functions of any other office they hold
and are not disqualified from exercising the functions of the
other office with respect to the school district, its officers, or
the commission.
(F) The members of an academic distress commission, the
superintendent of public instruction, and any person authorized to
act on behalf of or assist them shall not be personally liable or
subject to any suit, judgment, or claim for damages resulting from
the exercise of or failure to exercise the powers, duties, and
functions granted to them in regard to their functioning under
this section, but the commission, superintendent of public
instruction, and such other persons shall be subject to mandamus
proceedings to compel performance of their duties under this
section.
(G) Each member of an academic distress commission shall file
the statement described in section 102.02 of the Revised Code with
the Ohio ethics commission. The statement shall be confidential,
subject to review, as described in division (B) of that section.
(H) Meetings of each academic distress commission shall be
subject to section 121.22 of the Revised Code.
(I)(1) Within one hundred twenty days after the first meeting
of an academic distress commission, the commission shall adopt an
academic recovery plan to improve academic performance in the
school district. The plan shall address academic problems at both
the district and school levels. The plan shall include the
following:
(a) Short-term and long-term actions to be taken to improve
the district's academic performance, including any actions
required by section 3302.04 or 3302.041 of the Revised Code;
(b) The sequence and timing of the actions described in
division (I)(1)(a) of this section and the persons responsible for
implementing the actions;
(c) Resources that will be applied toward improvement
efforts;
(d) Procedures for monitoring and evaluating improvement
efforts;
(e) Requirements for reporting to the commission and the
district board of education on the status of improvement efforts.
(2) The commission may amend the academic recovery plan
subsequent to adoption. The commission shall update the plan at
least annually.
(3) The commission shall submit the academic recovery plan it
adopts or updates to the superintendent of public instruction for
approval immediately following its adoption or updating. The
superintendent shall evaluate the plan and either approve or
disapprove it within thirty days after its submission. If the plan
is disapproved, the superintendent shall recommend modifications
that will render it acceptable. No academic distress commission
shall implement an academic recovery plan unless the
superintendent has approved it.
(4) County, state, and school district officers and employees
shall assist the commission diligently and promptly in the
implementation of the academic recovery plan.
(J) Each academic distress commission shall seek input from
the district board of education regarding ways to improve the
district's academic performance, but any decision of the
commission related to any authority granted to the commission
under this section shall be final.
The commission may do any of the following:
(1) Appoint school building administrators and reassign
administrative personnel;
(2) Terminate the contracts of administrators or
administrative personnel. The commission shall not be required to
comply with section 3319.16 of the Revised Code with respect to
any contract terminated under this division.
(3) Contract with a private entity to perform school or
district management functions;
(4) Establish a budget for the district and approve district
appropriations and expenditures, unless a financial planning and
supervision commission has been established for the district
pursuant to section 3316.05 of the Revised Code.
(K) If the board of education of a district for which an
academic distress commission has been established under this
section renews any collective bargaining agreement under Chapter
4117. of the Revised Code during the existence of the commission,
the district board shall not enter into any agreement that would
render any decision of the commission unenforceable. Section
3302.08 of the Revised Code does not apply to this division.
Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, if the board of education has entered
into a collective bargaining agreement after September 29, 2005,
that contains stipulations relinquishing one or more of the rights
or responsibilities listed in division (C) of section 4117.08 of
the Revised Code, those stipulations are not enforceable and the
district board shall resume holding those rights or
responsibilities as if it had not relinquished them in that
agreement until such time as both the academic distress commission
ceases to exist and the district board agrees to relinquish those
rights or responsibilities in a new collective bargaining
agreement. The provisions of this paragraph apply to a collective
bargaining agreement entered into after September 29, 2005, and
those provisions are deemed to be part of that agreement
regardless of whether the district satisfied the conditions
prescribed in division (A) of this section at the time the
district entered into that agreement.
(L) An academic distress commission shall cease to exist when
the district for which it was established receives a performance
rating under section 3302.03 of the Revised Code of in need of
continuous improvement or better for two of the three prior school
years; however, the superintendent of public instruction may
dissolve the commission earlier if the superintendent determines
that the district can perform adequately without the supervision
of the commission. Upon termination of the commission, the
department of education shall compile a final report of the
commission's activities to assist other academic distress
commissions in the conduct of their functions.
Sec. 3311.71. (A) As used in this section and in sections
3311.72 to 3311.77 3311.76 of the Revised Code:
(1) "Municipal school district" means a school district that
is or has ever been under a federal court order requiring
supervision and operational, fiscal, and personnel management of
the district by the state superintendent of public instruction.
(2) "Mayor" means the mayor of the municipal corporation
containing the greatest portion of a municipal school district's
territory.
(B) Whenever any municipal school district is released by a
federal court from an order requiring supervision and operational,
fiscal, and personnel management of the district by the state
superintendent, the management and control of that district shall
be assumed, effective immediately, by a new nine-member board of
education. Members of the new board shall be appointed by the
mayor, who shall also designate one member as the chairperson of
the board. In addition to the rights, authority, and duties
conferred upon the chairperson by sections 3311.71 to 3311.76 of
the Revised Code, the chairperson shall have all the rights,
authority, and duties conferred upon the president of a board of
education by the Revised Code that are not inconsistent with
sections 3311.71 to 3311.76 of the Revised Code.
(C) No school board member shall be appointed by the mayor
pursuant to division (B) of this section until the mayor has
received a slate of at least eighteen candidates nominated by a
municipal school district nominating panel, at least three of whom
reside in the municipal school district but not in the municipal
corporation containing the greatest portion of the district's
territory. The municipal school district nominating panel shall be
initially convened and chaired by the state superintendent of
public instruction, who shall serve as a nonvoting member for the
first two years of the panel's existence, and shall consist of
eleven persons selected as follows:
(1) Three parents or guardians of children attending the
schools of the municipal school district appointed by the district
parent-teacher association, or similar organization selected by
the state superintendent;
(2) Three persons appointed by the mayor;
(3) One person appointed by the president of the legislative
body of the municipal corporation containing the greatest portion
of the municipal school district's territory;
(4) One teacher appointed by the collective bargaining
representative of the school district's teachers;
(5) One principal appointed through a vote of the school
district's principals, which vote shall be conducted by the state
superintendent;
(6) One representative of the business community appointed by
an organized collective business entity selected by the mayor;
(7) One president of a public or private institution of
higher education located within the municipal school district
appointed by the state superintendent of public instruction.
The municipal school district nominating panel shall select
one of its members as its chairperson commencing two years after
the date of the first meeting of the panel, at which time the
state superintendent of public instruction shall no longer convene
or chair the panel. Thereafter, the panel shall meet as necessary
to make nominations at the call of the chairperson. All members of
the panel shall serve at the pleasure of the appointing authority.
Vacancies on the panel shall be filled in the same manner as the
initial appointments.
(D) No individual shall be appointed by the mayor pursuant to
division (B) or (F) of this section unless the individual has been
nominated by the nominating panel, resides in the school district,
and holds no elected public office. At any given time, four of the
nine members appointed by the mayor to serve on the board pursuant
to either division (B) or (F) of this section shall have
displayed, prior to appointment, significant expertise in either
the education field, finance, or business management. At all times
at least one member of the board shall be an individual who
resides in the municipal school district but not in the municipal
corporation containing the greatest portion of the district's
territory.
(E) The terms of office of all members appointed by the mayor
pursuant to division (B) of this section shall expire on the next
thirtieth day of June following the referendum election required
by section 3311.73 of the Revised Code. The mayor may, with the
advice and consent of the nominating panel, remove any member
appointed pursuant to that division or division (F) of this
section for cause.
(F) If the voters of the district approve the continuation of
an appointed board at the referendum election required by section
3311.73 of the Revised Code, the mayor shall appoint the members
of a new board from a slate prepared by the nominating panel in
the same manner as the initial board was appointed pursuant to
divisions (B), (C), and (D) of this section. Five of the members
of the new board shall be appointed to four-year terms and the
other four shall be appointed to two-year terms, each term
beginning on the first day of July. Thereafter, the mayor shall
appoint members to four-year terms in the same manner as described
in divisions (B), (C), and (D) of this section. The minimum number
of individuals who shall be on the slate prepared by the
nominating panel for this purpose shall be at least twice the
number of members to be appointed, including at least two who
reside in the municipal school district but not in the municipal
corporation containing the greatest portion of the district's
territory.
(G) In addition to the nine members appointed by the mayor,
the boards appointed pursuant to divisions (B) and (F) of this
section shall include the following nonvoting ex officio members:
(1) If the main campus of a state university specified in
section 3345.011 of the Revised Code is located within the
municipal school district, the president of the university or the
president's designee;
(2) If any community college has its main branch located
within the district, the president of the community college that
has the largest main branch within the district, or the
president's designee.
Sec. 3312.01. (A) The educational regional service system is
hereby established. The system shall support state and regional
education initiatives and efforts to improve school effectiveness
and student achievement. Services, including special education and
related services, shall be provided under the system to school
districts, community schools established under Chapter 3314. of
the Revised Code, and chartered nonpublic schools.
It is the intent of the general assembly that the educational
regional service system reduce the unnecessary duplication of
programs and services and provide for a more streamlined and
efficient delivery of educational services without reducing the
availability of the services needed by school districts and
schools.
(B) The educational regional service system shall consist of
the following:
(1) The state regional alliance advisory board established
under section 3312.11 of the Revised Code;
(2) The advisory councils and subcommittees established under
sections 3312.03 and 3312.05 of the Revised Code;
(3)(2) A fiscal agent for each of the regions as configured
under section 3312.02 of the Revised Code;
(4)(3) Educational service centers, information technology
centers established under section 3301.075 of the Revised Code,
and other regional education service providers.
(C) Educational service centers shall provide the services
that they are specifically required to provide by the Revised Code
and may enter into agreements pursuant to section 3313.843,
3313.844, or 3313.845 of the Revised Code for the provision of
other services, which may include any of the following:
(1) Assistance in improving student performance;
(2) Services to enable a school district or school to operate
more efficiently or economically;
(3) Professional development for teachers or administrators;
(4) Assistance in the recruitment and retention of teachers
and administrators;
(5) Any other educational, administrative, or operational
services.
In addition to implementing state and regional education
initiatives and school improvement efforts under the educational
regional service system, educational service centers shall
implement state or federally funded initiatives assigned to the
service centers by the general assembly or the department of
education.
Any educational service center selected to be a fiscal agent
for its region pursuant to section 3312.07 of the Revised Code
shall continue to operate as an educational service center for the
part of the region that comprises its territory.
(D) Information technology centers may enter into agreements
for the provision of services pursuant to section 3312.10 of the
Revised Code.
(E) No school district, community school, or chartered
nonpublic school shall be required to purchase services from an
educational service center or information technology center in the
region in which the district or school is located, except that a
local school district shall receive any services required by the
Revised Code to be provided by an educational service center to
the local school districts in its territory from the educational
service center in whose territory the district is located.
Sec. 3312.09. (A) Each performance contract entered into by
the department of education and the fiscal agent of a region for
implementation of a state or regional education initiative or
school improvement effort shall include the following:
(1) An explanation of how the regional needs and priorities
for educational services have been identified by the advisory
council of the region, the advisory council's subcommittees, and
the department;
(2) A definition of the services to be provided to school
districts, community schools, and chartered nonpublic schools in
the region, including any services provided pursuant to division
(A) of section 3302.04 of the Revised Code;
(3) Expected outcomes from the provision of the services
defined in the contract;
(4) The method the department will use to evaluate whether
the expected outcomes have been achieved;
(5) A requirement that the fiscal agent develop and implement
a corrective action plan if the results of the evaluation are
unsatisfactory;
(6) Data reporting requirements;
(7) The aggregate fees to be charged by the fiscal agent and
any entity with which it subcontracts to cover personnel and
program costs associated with administering the contract, which
fees shall be subject to controlling board approval if in excess
of four per cent of the value of the contract;
(8) A requirement that a member of the advisory council in
the region be a member of the state regional alliance advisory
board established under section 3312.11 of the Revised Code.
(B) Upon completion of each evaluation described in a
performance contract, the department shall post the results of
that evaluation on its web site.
Sec. 3313.6013. (A) As used in this section, "dual enrollment
program" means a program that enables a student to earn credit
toward a degree from an institution of higher education while
enrolled in high school or that enables a student to complete
coursework while enrolled in high school that may earn credit
toward a degree from an institution of higher education upon the
student's attainment of a specified score on an examination
covering the coursework. Dual enrollment programs may include any
of the following:
(1) The post-secondary enrollment options program established
under Chapter 3365. of the Revised Code;
(2) Advanced placement courses;
(3) Any similar program established pursuant to an agreement
between a school district or chartered nonpublic high school and
an institution of higher education.
(B) Each city, local, exempted village, and joint vocational
school district and each chartered nonpublic high school shall
provide students enrolled in grades nine through twelve with the
opportunity to participate in a dual enrollment program. For this
purpose, each school district and chartered nonpublic high school
shall offer at least one dual enrollment program in accordance
with division (B)(1) or (2) of this section, as applicable.
(1) A city, local, or exempted village school district meets
the requirements of this division through its mandatory
participation in the post-secondary enrollment options program
established under Chapter 3365. of the Revised Code. However, a
city, local, or exempted village school district may offer any
other dual enrollment program, in addition to the post-secondary
enrollment options program, and each joint vocational school
district shall offer at least one other duel dual enrollment
program, to students in good standing, as defined by the
partnership for continued learning under section 3301.42 of the
Revised Code as it existed prior to the effective date of this
amendment or as subsequently defined by the department of
education.
(2) A chartered nonpublic high school that elects to
participate in the post-secondary enrollment options program
established under Chapter 3365. of the Revised Code meets the
requirements of this division. Each chartered nonpublic high
school that elects not to participate in the post-secondary
enrollment options program instead shall offer at least one other
dual enrollment program to students in good standing, as defined
by the partnership for continued learning under section 3301.42 of
the Revised Code as it existed prior to the effective date of this
amendment or as subsequently defined by the department of
education.
(C) Each school district and each chartered nonpublic high
school shall provide information about the dual enrollment
programs offered by the district or school to all students
enrolled in grades eight through eleven.
Sec. 3335.27. The engineering experiment station shall be
under the control of the board of trustees of the Ohio state
university, through the regular administrative and fiscal
officers. The board shall appoint a director on recommendation of
the president of the university. There shall be an advisory
committee of seven members appointed by the board of which
committee the director shall be ex officio a member, and
chairperson, said director, and the other six members to be chosen
from the faculty of the college of engineering. The term of these
members shall be for three years. The director and advisory
committee shall select suitable subjects for investigation,
apportion the available funds, and with the consent of the board
may provide for the dissemination of the results to the people of
the state.
Sec. 3345.062. If the partnership for continued learning,
after consulting with the Ohio board of regents and the state
board of education, does not complete and submit recommendations
for legislative changes for the operation of the post-secondary
enrollment options program, as required by division (B) of section
3301.42 of the Revised Code as it existed prior to the effective
date of this amendment, by the deadline prescribed in that
division, each Each state university, as defined in section
3345.011 of the Revised Code, shall offer via the internet or
interactive distance learning at least two college level courses,
one each in science and mathematics, by which high school students
may earn both high school and college credit. During such course,
the university may include a single presentation, of not more than
two minutes in length, that describes its other programs and
courses. The university may assess a fee for the course required
under this section of not more than one-tenth of the amount per
credit hour normally assessed by the university for an
undergraduate course at its main campus.
Sec. 3701.025. (A) There is hereby created the medically
handicapped children's medical advisory council consisting of
twenty-one members to be appointed by the director of health for
terms set in accordance with rules adopted by the public health
council under division (A)(11) of section 3701.021 of the Revised
Code. The medically handicapped children's medical advisory
council shall advise the director regarding the administration of
the program for medically handicapped children, the suitable
quality of medical practice for providers, and the requirements
for medical eligibility for the program.
All members of the council shall be licensed physicians,
surgeons, dentists, and other professionals in the field of
medicine, representative of the various disciplines involved in
the treatment of children with medically handicapping conditions,
and representative of the treatment facilities involved, such as
hospitals, private and public health clinics, and private
physicians' offices, and shall be eligible for the program.
Members of the council shall receive no compensation, but
shall receive their actual and necessary travel expenses incurred
in the performance of their official duties in accordance with the
rules of the office of budget and management.
(B) The director of health may appoint a maternal and child
health council to represent the views of service providers, other
interest groups, consumers, and various geographic areas of the
state. The maternal and child health council shall advise the
department of health on matters pertaining to maternal and child
health and, in particular, the "Maternal and Child Health Block
Grant," Title V of the "Social Security Act," 95 Stat. 818, (1981)
42 U.S.C.A. 701, as amended. Members of the council shall receive
no compensation, but shall receive their actual and necessary
travel expenses incurred in the performance of their official
duties in accordance with the rules of the office of budget and
management.
Sec. 3701.63. (A) As used in this section and section 3701.64
of the Revised Code:
(1) "Child day-care center," "type A family day-care home,"
and "certified type B family day-care home" have the same meanings
as in section 5104.01 of the Revised Code.
(2) "Child care facility" means a child day-care center, a
type A family day-care home, or a certified type B family day-care
home.
(3) "Freestanding birthing center" has the same meaning as in
section 3702.51 of the Revised Code.
(4) "Hospital" means a hospital classified pursuant to rules
adopted under section 3701.07 of the Revised Code as a general
hospital or children's hospital.
(5) "Maternity unit" means any unit or place in a hospital
where women are regularly received and provided care during all or
part of the maternity cycle, except that "maternity unit" does not
include an emergency department or similar place dedicated to
providing emergency health care.
(6) "Parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent who is the
residential parent and legal custodian of the child. "Parent" also
means a prospective adoptive parent with whom a child is placed.
(7) "Shaken Baby Syndrome" means signs and symptoms,
including, but not limited to, retinal hemorrhages in one or both
eyes, subdural hematoma, or brain swelling, resulting from the
violent shaking or the shaking and impacting of the head of an
infant or small child.
(B) The director of health shall establish the shaken baby
syndrome education program by doing all of the following:
(1) By not later than one year after the effective date of
this section February 29, 2008, with the advice of the work group
appointed under division (D) of this section, developing
educational materials that present readily comprehendible
information on shaken baby syndrome;
(2) Making available on the department of health web site in
an easily accessible format the educational materials developed
under division (B)(1) of this section;
(3) Beginning in 2009, annually assessing the effectiveness
of the shaken baby syndrome education program by evaluating the
reports received pursuant to section 5101.135 of the Revised Code.
(C) In meeting the requirements under division (B) of this
section, the director shall not develop educational materials that
will impose an administrative or financial burden on any of the
entities or persons listed in section 3701.64 of the Revised Code.
(D) The director of health shall appoint and convene a work
group to advise the director on the shaken baby syndrome
educational materials the director is required to develop under
division (B) of this section. The work group shall include at
least one representative of each of the following:
(1) Child abuse prevention advocates;
(2) The staff of the "help me grow" program established
pursuant to section 3701.61 of the Revised Code;
(3) Experts in the field of infant care, particularly in the
area of infant calming methods;
(4) Maternity unit directors;
(5) Parenting skills educators;
(6) Child care facilities.
The work group may also include, at the director's
discretion, representatives of other professions whose members
have practical experience regarding shaken baby syndrome and
representatives of citizens' organizations whose members are
knowledgeable about shaken baby syndrome.
Sec. 3705.35. Not later than one hundred eighty days after
the effective date of this section October 5, 2000, the director
of health shall, in consultation with the council created under
section 3705.34 of the Revised Code, adopt rules in accordance
with Chapter 119. of the Revised Code to do all of the following:
(A) Implement the birth defects information system;
(B) Specify the types of congenital anomalies and abnormal
conditions of newborns to be reported to the system under section
3705.30 of the Revised Code;
(C) Establish reporting requirements for information
concerning diagnosed congenital anomalies and abnormal conditions
of newborns;
(D) Establish standards that must be met by persons or
government entities that seek access to the system;
(E) Establish a form for use by parents or legal guardians
who seek to have information regarding their children removed from
the system and a method of distributing the form to local health
departments, as defined in section 3705.33 of the Revised Code,
and to physicians. The method of distribution must include making
the form available on the internet.
Sec. 3705.36. Three years after the date a birth defects
information system is implemented pursuant to section 3705.30 of
the Revised Code, and annually thereafter, the department of
health shall prepare a report regarding the birth defects
information system. The council created under section 3705.34 of
the Revised Code shall, not later than two years after the date a
birth defects information system is implemented, specify the
information the department is to include in each report. The
department shall file the report with the governor, the president
and minority leader of the senate, the speaker and minority leader
of the house of representatives, the departments of developmental
disabilities, education, and job and family services, the
commission on minority health, and the news media.
Sec. 3718.03. (A) There is hereby created the sewage
treatment system technical advisory committee consisting of the
director of health or the director's designee and ten members who
are knowledgeable about sewage treatment systems and technologies.
Of the ten members, four shall be appointed by the governor, three
shall be appointed by the president of the senate, and three shall
be appointed by the speaker of the house of representatives.
(1) Of the members appointed by the governor, one shall
represent academia, one shall be a representative of the public
who is not employed by the state or any of its political
subdivisions and who does not have a pecuniary interest in
household sewage treatment systems, one shall be an engineer from
the environmental protection agency, and one shall be selected
from among soil scientists in the division of soil and water
resources in the department of natural resources.
(2) Of the members appointed by the president of the senate,
one shall be a health commissioner who is a member of and
recommended by the association of Ohio health commissioners, one
shall represent the interests of manufacturers of household sewage
treatment systems, and one shall represent installers and service
providers.
(3) Of the members appointed by the speaker of the house of
representatives, one shall be a health commissioner who is a
member of and recommended by the association of Ohio health
commissioners, one shall represent the interests of manufacturers
of household sewage treatment systems, and one shall be a
sanitarian who is registered under Chapter 4736. of the Revised
Code and who is a member of the Ohio environmental health
association.
(B) Terms of members appointed to the committee shall be for
three years, with each term ending on the same day of the same
month as did the term that it succeeds. Each member shall serve
from the date of appointment until the end of the term for which
the member was appointed.
Members may be reappointed. Vacancies shall be filled in the
same manner as provided for original appointments. Any member
appointed to fill a vacancy occurring prior to the expiration date
of the term for which the member was appointed shall hold office
for the remainder of that term. A member shall continue to serve
after the expiration date of the member's term until the member's
successor is appointed or until a period of sixty days has
elapsed, whichever occurs first. The applicable appointing
authority may remove a member from the committee for failure to
attend two consecutive meetings without showing good cause for the
absences.
(C) The technical advisory committee annually shall select
from among its members a chairperson and a vice-chairperson and a
secretary to keep a record of its proceedings. A majority vote of
the members of the full committee is necessary to take action on
any matter. The committee may adopt bylaws governing its
operation, including bylaws that establish the frequency of
meetings.
(D) Serving as a member of the sewage treatment system
technical advisory committee 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. Members
of the committee shall serve without compensation for attending
committee meetings.
(E) A member of the committee shall not have a conflict of
interest with the position. For the purposes of this division,
"conflict of interest" means the taking of any action that
violates any provision of Chapter 102. or 2921. of the Revised
Code.
(F) The sewage treatment system technical advisory committee
shall do all of the following:
(1) Develop with the department of health standards and
guidelines for approving or disapproving a sewage treatment system
or components of a system under section 3718.04 of the Revised
Code;
(2) Develop with the department an application form to be
submitted to the director by an applicant for approval or
disapproval of a sewage treatment system or components of a system
and specify the information that must be included with an
application form;
(3) Advise the director on the approval or disapproval of an
application sent to the director under section 3718.04 of the
Revised Code requesting approval of a sewage treatment system or
components of a system;
(4) Pursue and recruit in an active manner the research,
development, introduction, and timely approval of innovative and
cost-effective household sewage treatment systems and components
of a system for use in this state, which shall include conducting
pilot projects to assess the effectiveness of a system or
components of a system;
(5) By January 1, 2008, provide the household sewage and
small flow on-site sewage treatment system study commission
created by Am. Sub. H.B. 119 of the 127th general assembly with a
list of available alternative systems and the estimated cost of
each system.
(G) The chairperson of the committee shall prepare and submit
an annual report concerning the activities of the committee to the
general assembly not later than ninety days after the end of the
calendar year. The report shall discuss the number of applications
submitted under section 3718.04 of the Revised Code for the
approval of a new sewage treatment system or a component of a
system, the number of such systems and components that were
approved, any information that the committee considers beneficial
to the general assembly, and any other information that the
chairperson determines is beneficial to the general assembly. If
other members of the committee determine that certain information
should be included in the report, they shall submit the
information to the chairperson not later than thirty days after
the end of the calendar year.
(H) The department shall provide meeting space for the
committee. The committee shall be assisted in its duties by the
staff of the department.
(I) Sections 101.82 to 101.87 of the Revised Code do not
apply to the sewage treatment system technical advisory committee.
Sec. 3727.311. The director of health shall serve as chair
of the hospital measures advisory council. The department of
health shall provide meeting space and staff and other
administrative support for the council. The council and its
subcommittees may form a quorum and take votes at meetings
conducted by interactive video teleconference if provisions are
made for public attendance at a location involved in such a
teleconference. A record shall be kept of council or subcommittee
proceedings, which shall be open for public inspection.
Sec. 3727.312. The hospital measures advisory council shall
do all of the following:
(A) Study the issue of hospitals reporting information
regarding their performance in meeting measures for hospital
inpatient and outpatient services, including how such reports are
made in other states;
(B) Not later than one year after the date the last of the
initial council members is appointed, issue a report to the
director of health with recommendations for all of the following:
(1) Collecting, pursuant to section 3727.33 of the Revised
Code, information from hospitals that shows their performance in
meeting measures for hospital inpatient and outpatient services;
(2) The audits conducted pursuant to section 3727.331 of the
Revised Code;
(3) Disseminating information about the performance of
hospitals in meeting the measures, including effective methods of
displaying information on any internet web site established under
section 3727.39 of the Revised Code;
(4) Explaining to the public how to use the information about
the performance of hospitals in meeting the measures, including
explanations about the limitations of the information.
(C) Provide the director of health ongoing advice on all of
the following:
(1) The issue of hospitals reporting information regarding
their performance in meeting measures for hospital inpatient and
outpatient services;
(2) Disseminating the information reported by hospitals;
(3) Making improvements to the reports and dissemination of
information;
(4) Making changes to the information collection requirements
and dissemination methods;
(5) Recommendations regarding measurers for children's
hospital inpatient and outpatient services.
(D) Convene a group of health care consumers, nurses, and
experts in infection control, the members of which shall be
appointed by the council according to a method selected by the
council, to provide information about infection issues to the
council as needed for the council to perform its duties.
Sec. 3737.03. The state fire commission council may do all
of the following:
(A) Conduct research, make and publish reports on fire
safety, and recommend to the governor, the general assembly, the
board of building standards, and other state agencies, any needed
changes in the laws, rules, or administrative policies relating to
fire safety;
(B) Recommend revisions in the rules included in the state
fire code adopted by the fire marshal. The recommendations may
propose the adoption of new rules or the amendment or repeal of
existing rules. The commission council shall file its
recommendations in the office of the fire marshal, and, within
sixty days after the recommendations are filed, the fire marshal
shall file with the chairperson of the commission council the fire
marshal's comments on, and proposed action in response to, the
recommendations.
(C) Maintain the Ohio fire service hall of fame. In
maintaining the hall of fame, the commission council shall keep
official commendations that recognize and commemorate exemplary
accomplishments and acts of heroism by firefighters and other
persons at fire-related incidents or similar events occurring in
the state. The commission council may adopt criteria and
guidelines for selecting individuals for that recognition and
commemoration. The recognition and commemoration of individuals
may occur annually and include an annual awards ceremony. The
expenses associated with the recognition and commemoration of
individuals shall be paid in accordance with division (F) of
section 3737.81 of the Revised Code.
Sec. 3737.21. (A) The director of the department of commerce
shall appoint, from names submitted to the director by the state
fire commission council, a fire marshal, who shall serve at the
pleasure of the director and shall possess the following
qualifications:
(1) A degree from an accredited college or university with
specialized study in either the field of fire protection or fire
protection engineering, or the equivalent qualifications
determined from training, experience, and duties in a fire
service;
(2) Five years of recent, progressively more responsible
experience in fire inspection, fire code enforcement, fire
investigation, fire protection engineering, teaching of fire
safety engineering, or fire fighting.
(B) When a vacancy occurs in the position of fire marshal,
the director shall notify the state fire commission council. The
commission council shall communicate the fact of the vacancy by
regular mail to all fire chiefs and fire protection engineers
known to the
commission council, or whose identity may be
ascertained by the
commission council by the exercise of due
diligence. The commission council, no earlier than thirty days
after mailing the notification, shall compile a list of all
applicants for the position of fire marshal who are qualified
under this section. The
commission council shall submit the names
of at least three persons on the list to the director. The
director shall appoint the fire marshal from the list of at least
three names or may request the
commission council to submit
additional names.
Sec. 3737.81. (A) There is hereby created the state fire
commission council consisting of ten members to be appointed by
the governor with the advice and consent of the senate. The fire
marshal or chief deputy fire marshal, a representative designated
by the department of public safety who has tenure in fire
suppression, and a representative designated by the board of
building standards shall be ex officio members. Of the initial
appointments made to the commission council, two shall be for a
term ending one year after November 1, 1978, two shall be for a
term ending two years after that date, two shall be for a term
ending three years after that date, two shall be for a term ending
four years after that date, and two shall be for a term ending
five years after that date. Thereafter, terms of office shall be
for five years, each term ending on the same day of the same month
of the year as did the term which it succeeds. Each member shall
hold office from the date of 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 that term. Any member shall continue in office
subsequent to the expiration date of the member's term until a
successor takes office, or until a period of sixty days has
elapsed, whichever occurs first. Members shall be qualified by
experience and training to deal with the matters that are the
responsibility of the commission council. Two members shall be
members of paid fire services, one shall be a member of volunteer
fire services, two shall be mayors, managers, or members of
legislative authorities of municipal corporations, one shall
represent commerce and industry, one shall be a representative of
a fire insurance company domiciled in this state, one shall
represent the flammable liquids industry, one shall represent the
construction industry, and one shall represent the public. At no
time shall more than six members be members of or associated with
the same political party. Membership on the commission council
shall not constitute holding a public office, and no person shall
forfeit or otherwise vacate the person's office or position of
employment because of membership on the commission council.
(B) The ex officio members may not vote, except that the fire
marshal or chief deputy fire marshal may vote in case of a tie.
(C) Each member of the commission council, other than ex
officio members, shall be paid an amount fixed pursuant to
division (J) of section 124.15 of the Revised Code, and the
member's actual and necessary expenses.
(D) The commission council shall select a chairperson and a
vice-chairperson from among its members. No business may be
transacted in the absence of a quorum. A quorum shall be at least
six members, excluding ex officio members, and shall include
either the chairperson or vice-chairperson. The commission council
shall hold regular meetings at least once every two months and may
meet at any other time at the call of the chairperson.
(E) The fire marshal shall provide the commission council
with office space, meeting rooms, staff, and clerical assistance
necessary for the commission council to perform its duties. If the
commission council maintains the Ohio fire service hall of fame
under division (C) of section 3737.03 of the Revised Code, the
fire marshal shall preserve, in an appropriate manner, in the
office space or meeting rooms provided to the commission council
under this division or in another location, copies of all official
commendations awarded to individuals recognized and commemorated
for their exemplary accomplishments and acts of heroism at
fire-related incidents or similar events that occurred in this
state.
(F) If the commission council maintains the Ohio fire service
hall of fame under division (C) of section 3737.03 of the Revised
Code, the expenses incurred for the recognition and commemoration
of individuals for their exemplary accomplishments and acts of
heroism at fire-related incidents or similar events that occurred
in this state, including, but not limited to, expenses for
official commendations and an annual awards ceremony as described
in division (B) of section 3737.03 of the Revised Code, may be
paid from moneys appropriated by the general assembly for purposes
of that recognition and commemoration, from moneys that are
available to the fire marshal under this chapter, or from other
funding sources available to the commission council.
Sec. 3737.86. (A) As used in this section, "rule" includes
the adoption, amendment, or repeal of any rule by the fire marshal
under sections 3737.82 to 3737.86 of the Revised Code, regardless
of whether or not the rule is included in the state fire code.
(B) The fire marshal shall adopt rules in accordance with
Chapter 119. of the Revised Code. In adopting rules, the fire
marshal shall consider and make appropriate findings with respect
to the degree and nature of the risk of injury that the rule is
designed to prevent or reduce, the approximate number of products
or types or classes of products subject to the rule, the public
need for the products involved, the probable effect of the rule on
the utility, cost, or availability of such product, and any means
of achieving the objective of the rule that will minimize adverse
effects on competition or disruption or dislocation of
manufacturing and other commercial practices. The minimum
standards embodied in the rules shall be published in such a
manner as to assure that all interested parties have a reasonable
opportunity to be informed of the standards so established.
(C) The fire marshal shall file a copy of the full text of
any proposed rule with the chairman chairperson of the state fire
commission council. The fire marshal shall not adopt the proposed
rule until the
commission council has filed in the office of the
fire marshal recommendations for revisions in the proposed rule or
until a period of sixty days has elapsed since the proposed rule
was filed with the chairman chairperson of the commission council,
whichever occurs first. The fire marshal shall consider any
recommendations made by the commission council before adopting the
proposed rule, but may accept, reject, or modify the
recommendations.
Sec. 3737.88. (A)(1) The fire marshal shall have
responsibility for implementation of the underground storage tank
program and corrective action program for releases from
underground petroleum storage tanks established by the "Resource
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A.
6901, as amended. To implement the program, the fire marshal may
adopt, amend, and rescind such rules, conduct such inspections,
require annual registration of underground storage tanks, issue
such citations and orders to enforce those rules, enter into
environmental covenants in accordance with sections 5301.80 to
5301.92 of the Revised Code, and perform such other duties, as are
consistent with those programs. The fire marshal, by rule, may
delegate the authority to conduct inspections of underground
storage tanks to certified fire safety inspectors.
(2) In the place of any rules regarding release containment
and release detection for underground storage tanks adopted under
division (A)(1) of this section, the fire marshal, by rule, shall
designate areas as being sensitive for the protection of human
health and the environment and adopt alternative rules regarding
release containment and release detection methods for new and
upgraded underground storage tank systems located in those areas.
In designating such areas, the fire marshal shall take into
consideration such factors as soil conditions, hydrogeology, water
use, and the location of public and private water supplies. Not
later than July 11, 1990, the fire marshal shall file the rules
required under this division with the secretary of state, director
of the legislative service commission, and joint committee on
agency rule review in accordance with divisions (B) and (H) of
section 119.03 of the Revised Code.
(B) Before adopting any rule under this section or section
3737.881 or 3737.882 of the Revised Code, the fire marshal shall
file written notice of the proposed rule with the chairperson of
the state fire commission council, and, within sixty days after
notice is filed, the commission council may file responses to or
comments on and may recommend alternative or supplementary rules
to the fire marshal. At the end of the sixty-day period or upon
the filing of responses, comments, or recommendations by the
commission council, the fire marshal may adopt the rule filed with
the commission council or any alternative or supplementary rule
recommended by the commission council.
(C) The state fire commission council may recommend courses
of action to be taken by the fire marshal in carrying out the fire
marshal's duties under this section. The commission council shall
file its recommendations in the office of the fire marshal, and,
within sixty days after the recommendations are filed, the fire
marshal shall file with the chairperson of the commission council
comments on, and proposed action in response to, the
recommendations.
(D) For the purpose of sections 3737.87 to 3737.89 of the
Revised Code, the fire marshal shall adopt, and may amend and
rescind, rules identifying or listing hazardous substances. The
rules shall be consistent with and equivalent in scope, coverage,
and content to regulations identifying or listing hazardous
substances adopted under the "Comprehensive Environmental
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,
42 U.S.C.A. 9602, as amended, except that the fire marshal shall
not identify or list as a hazardous substance any hazardous waste
identified or listed in rules adopted under division (A) of
section 3734.12 of the Revised Code.
(E) Notwithstanding any provision of the laws of this state
to the contrary, the fire marshal has exclusive jurisdiction to
regulate the storage, treatment, and disposal of petroleum
contaminated soil generated from corrective actions undertaken in
response to releases of petroleum. The fire marshal may adopt,
amend, or rescind such rules as the fire marshal considers to be
necessary or appropriate to regulate the storage, treatment, or
disposal of petroleum contaminated soil so generated.
(F) The fire marshal shall adopt, amend, and rescind rules
under sections 3737.88 to 3737.882 of the Revised Code in
accordance with Chapter 119. of the Revised Code.
Sec. 3743.54. (A) A licensed exhibitor of fireworks may
acquire fireworks for use at a public fireworks exhibition only
from a licensed manufacturer of fireworks or licensed wholesaler
of fireworks, and only in accordance with the procedures specified
in this section and section 3743.55 of the Revised Code.
(B)(1) A licensed exhibitor of fireworks who wishes to
conduct a public fireworks exhibition shall apply for approval to
conduct the exhibition to whichever of the following persons is
appropriate under the circumstances:
(a) Unless division (B)(1)(c) or (d) of this section applies,
if the exhibition will take place in a municipal corporation, the
approval shall be obtained from the fire chief, and from the
police chief or other similar chief law enforcement officer, or
the designee of the police chief or similar chief law enforcement
officer, of the particular municipal corporation.
(b) Unless division (B)(1)(c) or (d) of this section applies,
if the exhibition will take place in an unincorporated area, the
approval shall be obtained from the fire chief of the particular
township or township fire district, and from the police chief or
other similar chief law enforcement officer, or the designee of
the police chief or similar chief law enforcement officer, of the
particular township or township police district.
(c) If fire protection services for the premises on which the
exhibition will take place are provided in accordance with a
contract between political subdivisions, the approval shall be
obtained from the fire chief of the political subdivision
providing the fire protection services and from the police chief
or other similar chief law enforcement officer, or the designee of
the police chief or similar chief law enforcement officer, of the
political subdivision in which the premises on which the
exhibition will take place are located. If police services for the
premises on which the exhibition will take place are provided in
accordance with a contract between political subdivisions, the
approval shall be obtained from the police chief or other similar
chief law enforcement officer, or the designee of the police chief
or similar chief law enforcement officer, of the political
subdivision providing the police services and from the fire chief
of the political subdivision in which the premises on which the
exhibition will take place are located. If both fire and police
protection services for the premises on which the exhibition will
take place are provided in accordance with a contract between
political subdivisions, the approval shall be obtained from the
fire chief, and from the police chief or other similar chief law
enforcement officer, or the designee of the police chief or
similar chief law enforcement officer, of the political
subdivisions providing the police and fire protection services.
(d) If there is no municipal corporation, township, or
township fire district fire department, no municipal corporation,
township, or township police district police department, and no
contract for police or fire protection services between political
subdivisions covering the premises on which the exhibition will
take place, the approval shall be obtained from the fire
prevention officer, and from the police chief or other similar
chief law enforcement officer, or the designee of the police chief
or other similar chief law enforcement officer, having
jurisdiction over the premises.
(2) The approval required by division (B)(1) of this section
shall be evidenced by the fire chief or fire prevention officer
and by the police chief or other similar chief law enforcement
officer, or the designee of the police chief or other similar
chief law enforcement officer, signing a permit for the
exhibition. The fire marshal shall prescribe the form of
exhibition permits and distribute copies of the form to fire
chiefs, to fire prevention officers, and to police chiefs or other
similar chief law enforcement officers of municipal corporations,
townships, or township police districts, or their designees, in
this state. Any exhibitor of fireworks who wishes to conduct a
public fireworks exhibition may obtain a copy of the form from the
fire marshal or, if it is available, from a fire chief, a fire
prevention officer, a police chief or other similar chief law
enforcement officer of a municipal corporation, township, or
township police district, or a designee of such a police chief or
other similar chief law enforcement officer.
(C) Before a permit is signed and issued to a licensed
exhibitor of fireworks, the fire chief or fire prevention officer,
in consultation with the police chief or other similar chief law
enforcement officer or with the designee of the police chief or
other similar chief law enforcement officer, shall inspect the
premises on which the exhibition will take place and shall
determine that, in fact, the applicant for the permit is a
licensed exhibitor of fireworks. Each applicant shall show the
applicant's license as an exhibitor of fireworks to the fire chief
or fire prevention officer.
The fire chief or fire prevention officer, and the police
chief or other similar chief law enforcement officer, or the
designee of the police chief or other similar chief law
enforcement officer, shall give approval to conduct a public
fireworks exhibition only if satisfied, based on the inspection,
that the premises on which the exhibition will be conducted allow
the exhibitor to comply with the rules adopted by the fire marshal
pursuant to divisions (B) and (E) of section 3743.53 of the
Revised Code and that the applicant is, in fact, a licensed
exhibitor of fireworks. The fire chief or fire prevention officer,
in consultation with the police chief or other similar chief law
enforcement officer or with the designee of the police chief or
other similar chief law enforcement officer, may inspect the
premises immediately prior to the exhibition to determine if the
exhibitor has complied with the rules, and may revoke a permit for
noncompliance with the rules.
(D) If the legislative authorities of their political
subdivisions have prescribed a fee for the issuance of a permit
for a public fireworks exhibition, fire chiefs or fire prevention
officers, and police chiefs, other similar chief law enforcement
officers, or their designee, shall not issue a permit until the
exhibitor pays the requisite fee.
Each exhibitor shall provide an indemnity bond in the amount
of at least one million dollars, with surety satisfactory to the
fire chief or fire prevention officer and to the police chief or
other similar chief law enforcement officer, or the designee of
the police chief or other similar chief law enforcement officer,
conditioned for the payment of all final judgments that may be
rendered against the exhibitor on account of injury, death, or
loss to persons or property emanating from the fireworks
exhibition, or proof of insurance coverage of at least one million
dollars for liability arising from injury, death, or loss to
persons or property emanating from the fireworks exhibition. The
legislative authority of a political subdivision in which a public
fireworks exhibition will take place may require the exhibitor to
provide an indemnity bond or proof of insurance coverage in
amounts greater than those required by this division. Fire chiefs
or fire prevention officers, and police chiefs, other similar
chief law enforcement officers, or their designee, shall not issue
a permit until the exhibitor provides the bond or proof of the
insurance coverage required by this division or by the political
subdivision in which the fireworks exhibition will take place.
(E)(1) Each permit for a fireworks exhibition issued by a
fire chief or fire prevention officer, and by the police chief or
other similar chief law enforcement officer, or the designee of
the police chief or other similar chief law enforcement officer,
shall contain a distinct number, designate the municipal
corporation, township, or township fire or police district of the
fire chief, fire prevention officer, police chief or other similar
chief law enforcement officer, or designee of the police chief or
other similar chief law enforcement officer, and identify the
certified fire safety inspector, fire chief, or fire prevention
officer who will be present before, during, and after the
exhibition, where appropriate. A copy of each permit issued shall
be forwarded by the fire chief or fire prevention officer, and by
the police chief or other similar chief law enforcement officer,
or the designee of the police chief or other similar chief law
enforcement officer, issuing it to the fire marshal, who shall
keep a record of the permits received. A permit is not
transferable or assignable.
(2) Each fire chief, fire prevention officer, police chief or
other similar chief law enforcement officer, and designee of a
police chief or other similar chief law enforcement officer shall
keep a record of issued permits for fireworks exhibitions. In this
list, the fire chief, fire prevention officer, police chief or
other similar chief law enforcement officer, and designee of a
police chief or other similar chief law enforcement officer shall
list the name of the exhibitor, the exhibitor's license number,
the premises on which the exhibition will be conducted, the date
and time of the exhibition, and the number and political
subdivision designation of the permit issued to the exhibitor for
the exhibition.
(F) The governing authority having jurisdiction in the
location where an exhibition is to take place shall require that a
certified fire safety inspector, fire chief, or fire prevention
officer be present before, during, and after the exhibition, and
shall require the certified fire safety inspector, fire chief, or
fire prevention officer to inspect the premises where the
exhibition is to take place and determine whether the exhibition
is in compliance with this chapter.
(G) Notwithstanding any provision of the Revised Code to the
contrary, the state fire marshal is hereby authorized to create
additional license categories for fireworks exhibitors and to
create additional permit requirements for fireworks exhibitions
for the indoor use of fireworks and other uses of pyrotechnics,
including the use of pyrotechnic materials that do not meet the
definition of fireworks as described in section 3743.01 of the
Revised Code. Such licenses and permits and the fees for such
licenses and permits shall be described in rules adopted by the
fire marshal under Chapter 119. of the Revised Code. Such rules
may provide for different standards for exhibitor licensure and
the permitting and conducting of a fireworks exhibition than the
requirements of this chapter.
Prior to the state fire marshal's adoption of the rules
described in this division, the director of commerce shall appoint
a committee consisting of the state fire marshal or the marshal's
designee, three representatives of the fireworks industry, and
three representatives of the fire service to assist the state fire
marshal in adopting these rules. Unless an extension is granted by
the director of commerce, the state fire marshal shall adopt
initial rules under this section not later than July 1, 2010.
Sec. 3746.04. Within one year after September 28, 1994, the
director of environmental protection, in accordance with Chapter
119. of the Revised Code
and with the advice of the
multidisciplinary council appointed under section 3746.03 of the
Revised Code, shall adopt, and subsequently may amend, suspend, or
rescind, rules that do both of the following:
(A) Revise the rules adopted under Chapters 3704., 3714.,
3734., 6109., and 6111. of the Revised Code to incorporate the
provisions necessary to conform those rules to the requirements of
this chapter. The amended rules adopted under this division also
shall establish response times for all submittals to the
environmental protection agency required under this chapter or
rules adopted under it.
(B) Establish requirements and procedures that are reasonably
necessary for the implementation and administration of this
chapter, including, without limitation, all of the following:
(1) Appropriate generic numerical clean-up standards for the
treatment or removal of soils, sediments, and water media for
hazardous substances and petroleum. The rules shall establish
separate generic numerical clean-up standards based upon the
intended use of properties after the completion of voluntary
actions, including industrial, commercial, and residential uses
and such other categories of land use as the director considers to
be appropriate. The generic numerical clean-up standards
established for each category of land use shall be the
concentration of each contaminant that may be present on a
property that shall ensure protection of public health and safety
and the environment for the reasonable exposure for that category
of land use. When developing the standards, the director shall
consider such factors as all of the following:
(a) Scientific information, including, without limitation,
toxicological information and realistic assumptions regarding
human and environmental exposure to hazardous substances or
petroleum;
(c) Human activity patterns;
(d) Current statistical techniques;
(e) For petroleum at industrial property, alternatives to the
use of total petroleum hydrocarbons.
The generic numerical clean-up standards established in the
rules adopted under division (B)(1) of this section shall be
consistent with and equivalent in scope, content, and coverage to
any applicable standard established by federal environmental laws
and regulations adopted under them, including, without limitation,
the "Federal Water Pollution Control Act Amendments of 1972," 86
Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.
6921, as amended; the "Toxic Substances Control Act," 90 Stat.
2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive
Environmental Response, Compensation, and Liability Act of 1980,"
94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe
Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as
amended.
In order for the rules adopted under division (B)(1) of this
section to require that any such federal environmental standard
apply to a property, the property shall meet the requirements of
the particular federal statute or regulation involved in the
manner specified by the statute or regulation.
The generic numerical clean-up standards for petroleum at
commercial or residential property shall be the standards
established in rules adopted under division (B) of section
3737.882 of the Revised Code.
(2)(a) Procedures for performing property-specific risk
assessments that would be performed at a property to demonstrate
that the remedy evaluated in a risk assessment results in
protection of public health and safety and the environment instead
of complying with the generic numerical clean-up standards
established in the rules adopted under division (B)(1) of this
section. The risk assessment procedures shall describe a
methodology to establish, on a property-specific basis, allowable
levels of contamination to remain at a property to ensure
protection of public health and safety and the environment on the
property and off the property when the contamination is emanating
off the property, taking into account all of the following:
(i) The implementation of treatment, storage, or disposal, or
a combination thereof, of hazardous substances or petroleum;
(ii) The existence of institutional controls or activity and
use limitations that eliminate or mitigate exposure to hazardous
substances or petroleum through the restriction of access to
hazardous substances or petroleum;
(iii) The existence of engineering controls that eliminate or
mitigate exposure to hazardous substances or petroleum through
containment of, control of, or restrictions of access to hazardous
substances or petroleum, including, without limitation, fences,
cap systems, cover systems, and landscaping.
(b) The risk assessment procedures and levels of acceptable
risk set forth in the rules adopted under division (B)(2) of this
section shall be based upon all of the following:
(i) Scientific information, including, without limitation,
toxicological information and actual or proposed human and
environmental exposure;
(ii) Locational and climatic factors;
(iii) Surrounding land use and human activities;
(iv) Differing levels of remediation that may be required
when an existing land use is continued compared to when a
different land use follows the remediation.
(c) Any standards established pursuant to rules adopted under
division (B)(2) of this section shall be no more stringent than
standards established under the environmental statutes of this
state and rules adopted under them for the same contaminant in the
same environmental medium that are in effect at the time the risk
assessment is conducted.
(3) Minimum standards for phase I property assessments. The
standards shall specify the information needed to demonstrate that
there is no reason to believe that contamination exists on a
property. The rules adopted under division (B)(3) of this section,
at a minimum, shall require that a phase I property assessment
include all of the following:
(a) A review and analysis of deeds, mortgages, easements of
record, and similar documents relating to the chain of title to
the property that are publicly available or that are known to and
reasonably available to the owner or operator;
(b) A review and analysis of any previous environmental
assessments, property assessments, environmental studies, or
geologic studies of the property and any land within two thousand
feet of the boundaries of the property that are publicly available
or that are known to and reasonably available to the owner or
operator;
(c) A review of current and past environmental compliance
histories of persons who owned or operated the property;
(d) A review of aerial photographs of the property that
indicate prior uses of the property;
(e) Interviews with managers of activities conducted at the
property who have knowledge of environmental conditions at the
property;
(f) Conducting an inspection of the property consisting of a
walkover;
(g) Identifying the current and past uses of the property,
adjoining tracts of land, and the area surrounding the property,
including, without limitation, interviews with persons who reside
or have resided, or who are or were employed, within the area
surrounding the property regarding the current and past uses of
the property and adjacent tracts of land.
The rules adopted under division (B)(3) of this section shall
establish criteria to determine when a phase II property
assessment shall be conducted when a phase I property assessment
reveals facts that establish a reason to believe that hazardous
substances or petroleum have been treated, stored, managed, or
disposed of on the property if the person undertaking the phase I
property assessment wishes to obtain a covenant not to sue under
section 3746.12 of the Revised Code.
(4) Minimum standards for phase II property assessments. The
standards shall specify the information needed to demonstrate that
any contamination present at the property does not exceed
applicable standards or that the remedial activities conducted at
the property have achieved compliance with applicable standards.
The rules adopted under division (B)(4) of this section, at a
minimum, shall require that a phase II property assessment include
all of the following:
(a) A review and analysis of all documentation prepared in
connection with a phase I property assessment conducted within the
one hundred eighty days before the phase II property assessment
begins. The rules adopted under division (B)(4)(a) of this section
shall require that if a period of more than one hundred eighty
days has passed between the time that the phase I assessment of
the property was completed and the phase II assessment begins, the
phase II assessment shall include a reasonable inquiry into the
change in the environmental condition of the property during the
intervening period.
(b) Quality assurance objectives for measurements taken in
connection with a phase II assessment;
(c) Sampling procedures to ensure the representative sampling
of potentially contaminated environmental media;
(d) Quality assurance and quality control requirements for
samples collected in connection with phase II assessments;
(e) Analytical and data assessment procedures;
(f) Data objectives to ensure that samples collected in
connection with phase II assessments are biased toward areas where
information indicates that contamination by hazardous substances
or petroleum is likely to exist.
(5) Standards governing the conduct of certified
professionals, criteria and procedures for the certification of
professionals to issue no further action letters under section
3746.11 of the Revised Code, and criteria for the suspension and
revocation of those certifications. The director shall take an
action regarding a certification as a final action. The issuance,
denial, renewal, suspension, and revocation of those
certifications are subject to Chapter 3745. of the Revised Code,
except that, in lieu of publishing an action regarding a
certification in a newspaper of general circulation as required in
section 3745.07 of the Revised Code, such an action shall be
published on the environmental protection agency's web site and in
the agency's weekly review not later than fifteen days after the
date of the issuance, denial, renewal, suspension, or revocation
of the certification and not later than thirty days before a
hearing or public meeting concerning the action.
The rules adopted under division (B)(5) of this section shall
do all of the following:
(a) Provide for the certification of environmental
professionals to issue no further action letters pertaining to
investigations and remedies in accordance with the criteria and
procedures set forth in the rules. The rules adopted under
division (B)(5)(a) of this section shall do at least all of the
following:
(i) Authorize the director to consider such factors as an
environmental professional's previous performance record regarding
such investigations and remedies and the environmental
professional's environmental compliance history when determining
whether to certify the environmental professional;
(ii) Ensure that an application for certification is reviewed
in a timely manner;
(iii) Require the director to certify any environmental
professional who the director determines complies with those
criteria;
(iv) Require the director to deny certification for any
environmental professional who does not comply with those
criteria.
(b) Establish an annual fee to be paid by environmental
professionals certified pursuant to the rules adopted under
division (B)(5)(a) of this section. The fee shall be established
at an amount calculated to defray the costs to the agency for the
required reviews of the qualifications of environmental
professionals for certification and for the issuance of the
certifications.
(c) Develop a schedule for and establish requirements
governing the review by the director of the credentials of
environmental professionals who were deemed to be certified
professionals under division (D) of section 3746.07 of the Revised
Code in order to determine if they comply with the criteria
established in rules adopted under division (B)(5) of this
section. The rules adopted under division (B)(5)(c) of this
section shall do at least all of the following:
(i) Ensure that the review is conducted in a timely fashion;
(ii) Require the director to certify any such environmental
professional who the director determines complies with those
criteria;
(iii) Require any such environmental professional initially
to pay the fee established in the rules adopted under division
(B)(5)(b) of this section at the time that the environmental
professional is so certified by the director;
(iv) Establish a time period within which any such
environmental professional who does not comply with those criteria
may obtain the credentials that are necessary for certification;
(v) Require the director to deny certification for any such
environmental professional who does not comply with those criteria
and who fails to obtain the necessary credentials within the
established time period.
(d) Require that any information submitted to the director
for the purposes of the rules adopted under division (B)(5)(a) or
(c) of this section comply with division (A) of section 3746.20 of
the Revised Code;
(e) Authorize the director to suspend or revoke the
certification of an environmental professional if the director
finds that the environmental professional's performance has
resulted in the issuance of no further action letters under
section 3746.11 of the Revised Code that are not consistent with
applicable standards or finds that the certified environmental
professional has not substantially complied with section 3746.31
of the Revised Code;
(f) Authorize the director to suspend for a period of not
more than five years or to permanently revoke a certified
environmental professional's certification for any violation of or
failure to comply with an ethical standard established in rules
adopted under division (B)(5) of this section;
(g) Require the director to revoke the certification of an
environmental professional if the director finds that the
environmental professional falsified any information on the
environmental professional's application for certification
regarding the environmental professional's credentials or
qualifications or any other information generated for the purposes
of or use under this chapter or rules adopted under it;
(h) Require the director permanently to revoke the
certification of an environmental professional who has violated or
is violating division (A) of section 3746.18 of the Revised Code;
(i) Preclude the director from revoking the certification of
an environmental professional who only conducts investigations and
remedies at property contaminated solely with petroleum unless the
director first consults with the director of commerce.
(6) Criteria and procedures for the certification of
laboratories to perform analyses under this chapter and rules
adopted under it. The issuance, denial, suspension, and revocation
of those certifications are subject to Chapter 3745. of the
Revised Code, and the director of environmental protection shall
take any such action regarding a certification as a final action.
The rules adopted under division (B)(6) of this section shall
do all of the following:
(a) Provide for the certification to perform analyses of
laboratories in accordance with the criteria and procedures
established in the rules adopted under division (B)(6)(a) of this
section and establish an annual fee to be paid by those
laboratories. The fee shall be established at an amount calculated
to defray the costs to the agency for the review of the
qualifications of those laboratories for certification and for the
issuance of the certifications. The rules adopted under division
(B)(6)(a) of this section may provide for the certification of
those laboratories to perform only particular types or categories
of analyses, specific test parameters or group of test parameters,
or a specific matrix or matrices under this chapter.
(b) Develop a schedule for and establish requirements
governing the review by the director of the operations of
laboratories that were deemed to be certified laboratories under
division (E) of section 3746.07 of the Revised Code in order to
determine if they comply with the criteria established in rules
adopted under division (B)(6) of this section. The rules adopted
under division (B)(6)(b) of this section shall do at least all of
the following:
(i) Ensure that the review is conducted in a timely fashion;
(ii) Require the director to certify any such laboratory that
the director determines complies with those criteria;
(iii) Require any such laboratory initially to pay the fee
established in the rules adopted under division (B)(6)(a) of this
section at the time that the laboratory is so certified by the
director;
(iv) Establish a time period within which any such laboratory
that does not comply with those criteria may make changes in its
operations necessary for the performance of analyses under this
chapter and rules adopted under it in order to be certified by the
director;
(v) Require the director to deny certification for any such
laboratory that does not comply with those criteria and that fails
to make the necessary changes in its operations within the
established time period.
(c) Require that any information submitted to the director
for the purposes of the rules adopted under division (B)(6)(a) or
(b) of this section comply with division (A) of section 3746.20 of
the Revised Code;
(d) Authorize the director to suspend or revoke the
certification of a laboratory if the director finds that the
laboratory's performance has resulted in the issuance of no
further action letters under section 3746.11 of the Revised Code
that are not consistent with applicable standards;
(e) Authorize the director to suspend or revoke the
certification of a laboratory if the director finds that the
laboratory falsified any information on its application for
certification regarding its credentials or qualifications;
(f) Require the director permanently to revoke the
certification of a laboratory that has violated or is violating
division (A) of section 3746.18 of the Revised Code.
(7) Information to be included in a no further action letter
prepared under section 3746.11 of the Revised Code, including,
without limitation, all of the following:
(a) A summary of the information required to be submitted to
the certified environmental professional preparing the no further
action letter under division (C) of section 3746.10 of the Revised
Code;
(b) Notification that a risk assessment was performed in
accordance with rules adopted under division (B)(2) of this
section if such an assessment was used in lieu of generic
numerical clean-up standards established in rules adopted under
division (B)(1) of this section;
(c) The contaminants addressed at the property, if any, their
source, if known, and their levels prior to remediation;
(d) The identity of any other person who performed work to
support the request for the no further action letter as provided
in division (B)(2) of section 3746.10 of the Revised Code and the
nature and scope of the work performed by that person;
(e) A list of the data, information, records, and documents
relied upon by the certified environmental professional in
preparing the no further action letter.
(8) Methods for determining fees to be paid for the following
services provided by the agency under this chapter and rules
adopted under it:
(a) Site- or property-specific technical assistance in
developing or implementing plans in connection with a voluntary
action;
(b) Reviewing applications for and issuing consolidated
standards permits under section 3746.15 of the Revised Code and
monitoring compliance with those permits;
(c) Negotiating, preparing, and entering into agreements
necessary for the implementation and administration of this
chapter and rules adopted under it;
(d) Reviewing no further action letters, issuing covenants
not to sue, and monitoring compliance with any terms and
conditions of those covenants and with operation and maintenance
agreements entered into pursuant to those covenants, including,
without limitation, conducting audits of properties where
voluntary actions are being or were conducted under this chapter
and rules adopted under it.
The fees established pursuant to the rules adopted under
division (B)(8) of this section shall be at a level sufficient to
defray the direct and indirect costs incurred by the agency for
the administration and enforcement of this chapter and rules
adopted under it other than the provisions regarding the
certification of professionals and laboratories.
(9) Criteria for selecting the no further action letters
issued under section 3746.11 of the Revised Code that will be
audited under section 3746.17 of the Revised Code, and the scope
and procedures for conducting those audits. The rules adopted
under division (B)(9) of this section, at a minimum, shall require
the director to establish priorities for auditing no further
action letters to which any of the following applies:
(a) The letter was prepared by an environmental professional
who was deemed to be a certified professional under division (D)
of section 3746.07 of the Revised Code, but who does not comply
with the criteria established in rules adopted under division
(B)(5) of this section as determined pursuant to rules adopted
under division (B)(5)(d) of this section;
(b) The letter was submitted fraudulently;
(c) The letter was prepared by a certified environmental
professional whose certification subsequently was revoked in
accordance with rules adopted under division (B)(5) of this
section, or analyses were performed for the purposes of the no
further action letter by a certified laboratory whose
certification subsequently was revoked in accordance with rules
adopted under division (B)(6) of this section;
(d) A covenant not to sue that was issued pursuant to the
letter was revoked under this chapter;
(e) The letter was for a voluntary action that was conducted
pursuant to a risk assessment in accordance with rules adopted
under division (B)(2) of this section;
(f) The letter was for a voluntary action that included as
remedial activities engineering controls or institutional controls
or activity and use limitations authorized under section 3746.05
of the Revised Code.
The rules adopted under division (B)(9) of this section shall
provide for random audits of no further action letters to which
the rules adopted under divisions (B)(9)(a) to (f) of this section
do not apply.
(10) A classification system to characterize ground water
according to its capability to be used for human use and its
impact on the environment and a methodology that shall be used to
determine when ground water that has become contaminated from
sources on a property for which a covenant not to sue is requested
under section 3746.11 of the Revised Code shall be remediated to
the standards established in the rules adopted under division
(B)(1) or (2) of this section.
(a) In adopting rules under division (B)(10) of this section
to characterize ground water according to its capability for human
use, the director shall consider all of the following:
(i) The presence of legally enforceable, reliable
restrictions on the use of ground water, including, without
limitation, local rules or ordinances;
(ii) The presence of regional commingled contamination from
multiple sources that diminishes the quality of ground water;
(iii) The natural quality of ground water;
(iv) Regional availability of ground water and reasonable
alternative sources of drinking water;
(v) The productivity of the aquifer;
(vi) The presence of restrictions on the use of ground water
implemented under this chapter and rules adopted under it;
(vii) The existing use of ground water.
(b) In adopting rules under division (B)(10) of this section
to characterize ground water according to its impacts on the
environment, the director shall consider both of the following:
(i) The risks posed to humans, fauna, surface water,
sediments, soil, air, and other resources by the continuing
presence of contaminated ground water;
(ii) The availability and feasibility of technology to remedy
ground water contamination.
(11) Governing the application for and issuance of variances
under section 3746.09 of the Revised Code;
(12)(a) In the case of voluntary actions involving
contaminated ground water, specifying the circumstances under
which the generic numerical clean-up standards established in
rules adopted under division (B)(1) of this section and standards
established through a risk assessment conducted pursuant to rules
adopted under division (B)(2) of this section shall be
inapplicable to the remediation of contaminated ground water and
under which the standards for remediating contaminated ground
water shall be established on a case-by-case basis prior to the
commencement of the voluntary action pursuant to rules adopted
under division (B)(12)(b) of this section;
(b) Criteria and procedures for the case-by-case
establishment of standards for the remediation of contaminated
ground water under circumstances in which the use of the generic
numerical clean-up standards and standards established through a
risk assessment are precluded by the rules adopted under division
(B)(12)(a) of this section. The rules governing the procedures for
the case-by-case development of standards for the remediation of
contaminated ground water shall establish application, public
participation, adjudication, and appeals requirements and
procedures that are equivalent to the requirements and procedures
established in section 3746.09 of the Revised Code and rules
adopted under division (B)(11) of this section, except that the
procedural rules shall not require an applicant to make the
demonstrations set forth in divisions (A)(1) to (3) of section
3746.09 of the Revised Code.
(13) A definition of the evidence that constitutes sufficient
evidence for the purpose of division (A)(5) of section 3746.02 of
the Revised Code.
At least thirty days before filing the proposed rules
required to be adopted under this section with the secretary of
state, director of the legislative service commission, and joint
committee on agency rule review in accordance with divisions (B)
and (H) of section 119.03 of the Revised Code, the director of
environmental protection shall hold at least one public meeting on
the proposed rules in each of the five districts into which the
agency has divided the state for administrative purposes.
Sec. 3769.083. (A) As used in this section:
(1) An "accredited Ohio thoroughbred horse" means a horse
conceived in this state and born in this state which is both of
the following:
(a) Born of a mare that is domiciled in this state at the
time of the horse's conception, that remains continuously in the
state through the date on which the horse is born, and that is
registered as required by the rules of the state racing
commission;
(b) By a stallion that stands for breeding purposes only in
this state in the year in which the horse is conceived, and that
is registered as required by the rules of the commission.
(2) An "Ohio foaled horse" means a horse registered as
required by the rules of the state racing commission which is
either of the following:
(a) A horse born of a mare that enters this state before
foaling and remains continuously in this state until the horse is
born;
(b) A thoroughbred foal produced within the state by any
broodmare shipped into the state to foal and be bred to a
registered Ohio stallion. To qualify this foal as an Ohio foaled
horse, the broodmare shall remain in this state one year
continuously after foaling or continuously through foaling to the
cover of the Ohio stallion, whichever is sooner. All horses
previously registered as Ohio conceived and foaled shall be
considered as Ohio foaled horses effective January 1, 1976.
Any thoroughbred mare may leave this state for periods of
time for purposes of activities such as veterinary treatment or
surgery, sales purposes, breeding purposes, racing purposes, and
similar activities if permission is granted by the state racing
commission and the mare is returned to this state immediately upon
the conclusion of the requested activity.
(3) "Horse," "stallion," "mare," or "foal" means a horse of
the thoroughbred breed as distinguished from a horse of the
standard breed or any other breed, and "race" means a race for
thoroughbred horses conducted by a permit holder of the state
racing commission.
(4) "Horse" includes animals of all ages and of both sexes.
(B) There is hereby created in the state treasury the Ohio
thoroughbred race fund, to consist of moneys paid into it pursuant
to sections 3769.08 and 3769.087 of the Revised Code. All
investment earnings on the cash balances in the fund shall be
credited to it. Moneys to the credit of the fund shall be
distributed on order of the state racing commission. The
commission, with the advice and assistance of the Ohio
thoroughbred racing advisory committee, shall use the fund, except
as provided in divisions (C)(2) and (3) and (D) of this section,
to promote races and provide purses for races for horses in the
following classes:
(1) Accredited Ohio thoroughbred horses;
Not less than ten nor more than twenty-five per cent of the
total money to be paid from the fund for all types of races shall
be allocated to races restricted to accredited Ohio thoroughbred
horses. The commission may combine the classes of horses described
in divisions (B)(1) and (2) of this section in one race, except in
stakes races.
(C)(1) Each permit holder conducting thoroughbred races shall
schedule races each week for horses in the classes named in
division (B) of this section; the number of the races shall be
prescribed by the state racing commission. The commission,
pursuant to division (B) of this section, shall prescribe the
class or classes of the races to be held by each permit holder
and, with the advice of the Ohio thoroughbred racing advisory
committee, shall fix the dates and conditions of the races and the
amount of moneys to be paid from the Ohio thoroughbred race fund
to be added in each race to the minimum purse established by the
permit holder for the class of race held.
(2) The commission, with the advice of the Ohio thoroughbred
racing advisory committee, may provide for stakes races to be run
each year, and fix the number of stakes races and the time, place,
and conditions under which each shall be run. The commission shall
fix the amount of moneys to be paid from the Ohio thoroughbred
race fund to be added to the purse provided for each stakes race
by the permit holder, except that, in at least four stakes races
each year, the commission shall require, if four stakes races can
be arranged, that the permit holder conducting the stakes race
provide no less than fifteen thousand dollars for the purse for
the stakes race, and the commission shall provide moneys from the
fund to be added to the purse in an amount equal to or greater
than the amount provided by the permit holder. The commission may
require a nominating, sustaining, and entry fee not to exceed one
per cent of the money added from the fund for each horse in any
stakes race, which fee shall be added to the purse for the race.
Stakes races where money is added from the Ohio thoroughbred
race fund shall be open only to accredited Ohio thoroughbred
horses and Ohio foaled horses. Twenty-five per cent of the total
moneys to be paid from the fund for stakes races shall be
allocated to races for only accredited Ohio thoroughbred horses.
The commission may require a nominating, sustaining, and entry
fee, not to exceed one per cent of the money added from the fund,
for each horse in any of these stakes races. These fees shall be
accumulated by the commission and shall be paid out by the
commission at its discretion as part of the purse money for
additional races.
(3) The commission may pay from the Ohio thoroughbred race
fund to the breeder of a horse of class (1) or (2) of division (B)
of this section winning first, second, or third prize money of a
purse for a thoroughbred race an amount not to exceed fifteen per
cent of the first, second, or third prize money of the purse. For
the purposes of this division, the term "breeder" shall be defined
by rule of the commission.
The commission also may provide for stallion owners' awards
in an amount equal to not less than three nor more than ten per
cent of the first, second, or third place share of the purse. The
award shall be paid to the owner of the stallion, provided that
the stallion was standing in this state as provided in division
(A)(1)(b) of this section at the time the horse placing first,
second, or third was conceived.
(D) The state racing commission may provide for the
expenditure of moneys from the Ohio thoroughbred race fund in an
amount not to exceed in any one calendar year ten per cent of the
total amount received in the account that year to provide for
research projects directed toward improving the breeding, raising,
racing, and health and soundness of thoroughbred horses in the
state and toward education or promotion of the industry. Research
for which the moneys from the fund may be used may include, but
shall not be limited to, studies of pre-race blood testing,
post-race testing, improvement of the breed, and nutrition.
(E) The state racing commission shall appoint qualified
personnel as may be required to supervise registration of horses
under the terms of this section, to determine the eligibility of
horses for accredited Ohio thoroughbred races, Ohio foaled races,
and the stakes races authorized by division (C)(2) of this
section, and to assist the Ohio thoroughbred racing advisory
committee and the commission in determining the conditions, class,
and quality of the race program to be established under this
section so as to carry out the purposes of this section. The
personnel shall serve at the pleasure of the commission, and
compensation shall be fixed by the commission. The compensation of
the personnel and necessary expenses shall be paid out of the Ohio
thoroughbred race fund.
The commission shall adopt rules as are necessary to carry
out this section and shall administer the stakes race program and
other races supported by the Ohio thoroughbred race fund in a
manner best designed to aid in the development of the thoroughbred
horse industry in the state, to upgrade the quality of horse
racing in the state, and to improve the quality of horses
conceived and foaled in the state.
Sec. 3769.085. (A) There is hereby created in the state
treasury the Ohio standardbred development fund, to consist of
moneys paid into it pursuant to section 3769.08 of the Revised
Code and any fees assessed for or on behalf of the Ohio sires
stakes races. All fees so assessed shall be exempt from the
requirements of divisions (D) and (M) of that section. All
investment earnings on the cash balance in the fund shall be
credited to the fund. Moneys to the credit of the fund shall be
distributed on order of the state racing commission with the
approval of the Ohio standardbred development commission.
(B) The Ohio standardbred development commission shall
consist of three members, all to be residents of this state
knowledgeable in breeding and racing, to be appointed by the
governor with the advice and consent of the senate. One member
shall be a standardbred breeder, and one member shall be a
standardbred owner. Of the initial appointments, one member shall
be appointed for a term ending June 30, 1977, and two members
shall be appointed for terms ending June 30, 1979. Thereafter,
appointments for other than unexpired terms shall be for four
years. Terms shall begin the first day of July and end the
thirtieth day of June. 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 that term. Any member shall continue in office
subsequent to the expiration date of the member's term until a
successor takes office. Members shall receive no compensation,
except that they shall be paid actual and necessary expenses from
the Ohio standardbred development fund. The state racing
commission also shall be reimbursed from the fund for actual
expenses approved by the development commission. The development
commission may elect one member to serve as secretary.
(C) Upon application not later than the first day of December
from the harness tracks conducting races with pari-mutuel
wagering, other than agricultural expositions and fairs, the Ohio
standardbred development state racing commission, after a hearing
and not later than the twentieth day of January, shall allocate
and approve all available moneys for colt races for two-year-old
and three-year-old colts and fillies, both trotting and pacing.
Separate races for fillies shall be provided at each age and gait.
Up to five races and a championship race shall be scheduled for
each of the eight categories of age, sex, and gait. The
allocations shall take into account the time of year that racing
colts is feasible, the equity and continuity of the proposed dates
for racing events, and the amounts to be added by the tracks,
looking to the maximum benefit for those participating in the
races. Representatives of the tracks and the Ohio harness
horsemen's association shall be given an opportunity to be heard
before the allocations are made. No races shall be contested
earlier than the first day of May or later than the first day of
November; all permit holders operating extended pari-mutuel
meetings between those dates shall be entitled to at least three
races. No funds for a race shall be allocated to and paid to a
permit holder by the development commission unless the permit
holder adds at least twenty-five per cent to the amount allocated
by the development commission, and not less than five thousand
dollars to each race.
Colts and fillies eligible to the races shall be only those
sired by a standardbred stallion that was registered with the
state racing commission and stood in the state the entire breeding
season of the year the colt or filly was conceived.
If the development commission concludes that sufficient funds
are available to add aged races without reducing purse levels of
the colt and filly races, the development commission may allocate
funds to four-year-old and up races of each sex and gait with Ohio
eligibility required as set forth in this section.
(D)(C) The state racing commission may allocate an amount not
to exceed five per cent of the total Ohio standardbred development
fund available in any one calendar year to research projects
directed toward improving the breeding, raising, racing, and
health and soundness of horses in the state and toward education
or promotion of the industry.
Sec. 3769.086. There is hereby created in the state treasury
the Ohio quarter horse development fund, to consist of all moneys
paid into the fund at Ohio quarter horse meets. The purpose of the
fund is to advance and improve the breeding of racing quarter
horses in Ohio.
Moneys to the credit of the fund shall be distributed on
order of the state racing commission with the approval of the Ohio
quarter horse development commission.
The development commission shall consist of three members, to
be appointed by the governor, with the advice and consent of the
senate. One member shall be a quarter horse breeder and one a
quarter horse owner. Of the initial appointments, one member shall
be appointed for a term ending June 30, 1977, and two members
shall be appointed for terms ending June 30, 1979. Thereafter
appointments for other than unexpired terms shall be for four
years. Terms shall begin the first day of July and end the
thirtieth day of June. 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 a
successor takes office. Members shall receive no compensation,
except they shall be paid actual and necessary expenses from the
Ohio quarter horse development fund. The state racing commission
shall also be reimbursed for actual expense approved by the
development commission. The development commission may elect one
member to serve as secretary.
After a general meeting advertised at least one month in
advance, the development commission shall allocate and approve all
available moneys to one or more stake races and, at the
development commission's discretion, to one or more overnight
races. The eligibility for entry into such stake or overnight
races shall be restricted to the following horses:
(A) An Ohio-sired horse, which means a colt or filly
registered with the American quarter horse association that has
been sired by a quarter horse or thoroughbred stallion that stands
for breeding purposes only in this state in the year that the colt
or filly was conceived and is registered according to the rules of
the state racing commission;
(B) An Ohio-foaled horse, which means a filly or colt with a
certificate of registration from the American quarter horse
association that the colt or filly was foaled in this state. A
copy of the registration papers shall accompany any nomination for
entry in a race.
(C) An Ohio-owned horse, which means a colt or filly wholly
owned by a resident of this state, according to the rules of the
state racing commission, both at the time of nomination and at the
time of the race.
The development commission may combine any or all of the
above classes in one race, but in an overnight race to which money
is allocated, preference shall be given to the highest preferred
class in the order listed in this section.
The development commission may allocate a sum not to exceed
ten per cent of the total Ohio quarter horse development fund to
research projects directed toward improving the breeding, raising,
and racing of horses in the state and toward education or
promotion of the industry.
Sec. 4121.03. (A) The governor shall appoint from among the
members of the industrial commission the chairperson of the
industrial commission. The chairperson shall serve as chairperson
at the pleasure of the governor. The chairperson is the head of
the commission and its chief executive officer.
(B) The chairperson shall appoint, after consultation with
other commission members and obtaining the approval of at least
one other commission member, an executive director of the
commission. The executive director shall serve at the pleasure of
the chairperson. The executive director, under the direction of
the chairperson, shall perform all of the following duties:
(1) Act as chief administrative officer for the commission;
(2) Ensure that all commission personnel follow the rules of
the commission;
(3) Ensure that all orders, awards, and determinations are
properly heard and signed, prior to attesting to the documents;
(4) Coordinate, to the fullest extent possible, commission
activities with the bureau of workers' compensation activities;
(5) Do all things necessary for the efficient and effective
implementation of the duties of the commission.
The responsibilities assigned to the executive director of
the commission do not relieve the chairperson from final
responsibility for the proper performance of the acts specified in
this division.
(C) The chairperson shall do all of the following:
(1) Except as otherwise provided in this division, employ,
promote, supervise, remove, and establish the compensation of all
employees as needed in connection with the performance of the
commission's duties under this chapter and Chapters 4123., 4127.,
and 4131. of the Revised Code and may assign to them their duties
to the extent necessary to achieve the most efficient performance
of its functions, and to that end may establish, change, or
abolish positions, and assign and reassign duties and
responsibilities of every employee of the commission. The civil
service status of any person employed by the commission prior to
November 3, 1989, is not affected by this section. Personnel
employed by the bureau or the commission who are subject to
Chapter 4117. of the Revised Code shall retain all of their rights
and benefits conferred pursuant to that chapter as it presently
exists or is hereafter amended and nothing in this chapter or
Chapter 4123. of the Revised Code shall be construed as
eliminating or interfering with Chapter 4117. of the Revised Code
or the rights and benefits conferred under that chapter to public
employees or to any bargaining unit.
(2) Hire district and staff hearing officers after
consultation with other commission members and obtaining the
approval of at least one other commission member;
(3) Fire staff and district hearing officers when the
chairperson finds appropriate after obtaining the approval of at
least one other commission member;
(4) Maintain the office for the commission in Columbus;
(5) To the maximum extent possible, use electronic data
processing equipment for the issuance of orders immediately
following a hearing, scheduling of hearings and medical
examinations, tracking of claims, retrieval of information, and
any other matter within the commission's jurisdiction, and shall
provide and input information into the electronic data processing
equipment as necessary to effect the success of the claims
tracking system established pursuant to division (B)(15) of
section 4121.121 of the Revised Code;
(6) Exercise all administrative and nonadjudicatory powers
and duties conferred upon the commission by Chapters 4121., 4123.,
4127., and 4131. of the Revised Code;
(7) Approve all contracts for special services.
(D) The chairperson is responsible for all administrative
matters and may secure for the commission facilities, equipment,
and supplies necessary to house the commission, any employees, and
files and records under the commission's control and to discharge
any duty imposed upon the commission by law, the expense thereof
to be audited and paid in the same manner as other state expenses.
For that purpose, the chairperson, separately from the budget
prepared by the administrator of workers' compensation and the
budget prepared by the director of the workers' compensation
council, shall prepare and submit to the office of budget and
management a budget for each biennium according to sections
101.532 and 107.03 of the Revised Code. The budget submitted shall
cover the costs of the commission and staff and district hearing
officers in the discharge of any duty imposed upon the
chairperson, the commission, and hearing officers by law.
(E) A majority of the commission constitutes a quorum to
transact business. No vacancy impairs the rights of the remaining
members to exercise all of the powers of the commission, so long
as a majority remains. Any investigation, inquiry, or hearing that
the commission may hold or undertake may be held or undertaken by
or before any one member of the commission, or before one of the
deputies of the commission, except as otherwise provided in this
chapter and Chapters 4123., 4127., and 4131. of the Revised Code.
Every order made by a member, or by a deputy, when approved and
confirmed by a majority of the members, and so shown on its record
of proceedings, is the order of the commission. The commission may
hold sessions at any place within the state. The commission is
responsible for all of the following:
(1) Establishing the overall adjudicatory policy and
management of the commission under this chapter and Chapters
4123., 4127., and 4131. of the Revised Code, except for those
administrative matters within the jurisdiction of the chairperson,
bureau of workers' compensation, and the administrator of workers'
compensation under those chapters;
(2) Hearing appeals and reconsiderations under this chapter
and Chapters 4123., 4127., and 4131. of the Revised Code;
(3) Engaging in rulemaking where required by this chapter or
Chapter 4123., 4127., or 4131. of the Revised Code.
Sec. 4121.121. (A) There is hereby created the bureau of
workers' compensation, which shall be administered by the
administrator of workers' compensation. A person appointed to the
position of administrator shall possess significant management
experience in effectively managing an organization or
organizations of substantial size and complexity. A person
appointed to the position of administrator also shall possess a
minimum of five years of experience in the field of workers'
compensation insurance or in another insurance industry, except as
otherwise provided when the conditions specified in division (C)
of this section are satisfied. The governor shall appoint the
administrator as provided in section 121.03 of the Revised Code,
and the administrator shall serve at the pleasure of the governor.
The governor shall fix the administrator's salary on the basis of
the administrator's experience and the administrator's
responsibilities and duties under this chapter and Chapters 4123.,
4125., 4127., 4131., and 4167. of the Revised Code. The governor
shall not appoint to the position of administrator any person who
has, or whose spouse has, given a contribution to the campaign
committee of the governor in an amount greater than one thousand
dollars during the two-year period immediately preceding the date
of the appointment of the administrator.
The administrator shall hold no other public office and shall
devote full time to the duties of administrator. Before entering
upon the duties of the office, the administrator shall take an
oath of office as required by sections 3.22 and 3.23 of the
Revised Code, and shall file in the office of the secretary of
state, a bond signed by the administrator and by surety approved
by the governor, for the sum of fifty thousand dollars payable to
the state, conditioned upon the faithful performance of the
administrator's duties.
(B) The administrator is responsible for the management of
the bureau and for the discharge of all administrative duties
imposed upon the administrator in this chapter and Chapters 4123.,
4125., 4127., 4131., and 4167. of the Revised Code, and in the
discharge thereof shall do all of the following:
(1) Perform all acts and exercise all authorities and powers,
discretionary and otherwise that are required of or vested in the
bureau or any of its employees in this chapter and Chapters 4123.,
4125., 4127., 4131., and 4167. of the Revised Code, except the
acts and the exercise of authority and power that is required of
and vested in the bureau of workers' compensation board of
directors or the industrial commission pursuant to those chapters.
The treasurer of state shall honor all warrants signed by the
administrator, or by one or more of the administrator's employees,
authorized by the administrator in writing, or bearing the
facsimile signature of the administrator or such employee under
sections 4123.42 and 4123.44 of the Revised Code.
(2) Employ, direct, and supervise all employees required in
connection with the performance of the duties assigned to the
bureau by this chapter and Chapters 4123., 4125., 4127., 4131.,
and 4167. of the Revised Code, including an actuary, and may
establish job classification plans and compensation for all
employees of the bureau provided that this grant of authority
shall not be construed as affecting any employee for whom the
state employment relations board has established an appropriate
bargaining unit under section 4117.06 of the Revised Code. All
positions of employment in the bureau are in the classified civil
service except those employees the administrator may appoint to
serve at the administrator's pleasure in the unclassified civil
service pursuant to section 124.11 of the Revised Code. The
administrator shall fix the salaries of employees the
administrator appoints to serve at the administrator's pleasure,
including the chief operating officer, staff physicians, and other
senior management personnel of the bureau and shall establish the
compensation of staff attorneys of the bureau's legal section and
their immediate supervisors, and take whatever steps are necessary
to provide adequate compensation for other staff attorneys.
The administrator may appoint a person who holds a certified
position in the classified service within the bureau to a position
in the unclassified service within the bureau. A person appointed
pursuant to this division to a position in the unclassified
service shall retain the right to resume the position and status
held by the person in the classified service immediately prior to
the person's appointment in the unclassified service, regardless
of the number of positions the person held in the unclassified
service. An employee's right to resume a position in the
classified service may only be exercised when the administrator
demotes the employee to a pay range lower than the employee's
current pay range or revokes the employee's appointment to the
unclassified service. An employee forfeits the right to resume a
position in the classified service when the employee is removed
from the position in the unclassified service due to incompetence,
inefficiency, dishonesty, drunkenness, immoral conduct,
insubordination, discourteous treatment of the public, neglect of
duty, violation of this chapter or Chapter 124., 4123., 4125.,
4127., 4131., or 4167. of the Revised Code, violation of the rules
of the director of administrative services or the administrator,
any other failure of good behavior, any other acts of misfeasance,
malfeasance, or nonfeasance in office, or conviction of a felony.
An employee also forfeits the right to resume a position in the
classified service upon transfer to a different agency.
Reinstatement to a position in the classified service shall
be to a position substantially equal to that position in the
classified service held previously, as certified by the department
of administrative services. If the position the person previously
held in the classified service has been placed in the unclassified
service or is otherwise unavailable, the person shall be appointed
to a position in the classified service within the bureau that the
director of administrative services certifies is comparable in
compensation to the position the person previously held in the
classified service. Service in the position in the unclassified
service shall be counted as service in the position in the
classified service held by the person immediately prior to the
person's appointment in the unclassified service. When a person is
reinstated to a position in the classified service as provided in
this division, the person is entitled to all rights, status, and
benefits accruing to the position during the person's time of
service in the position in the unclassified service.
(3) Reorganize the work of the bureau, its sections,
departments, and offices to the extent necessary to achieve the
most efficient performance of its functions and to that end may
establish, change, or abolish positions and assign and reassign
duties and responsibilities of every employee of the bureau. All
persons employed by the commission in positions that, after
November 3, 1989, are supervised and directed by the administrator
under this section are transferred to the bureau in their
respective classifications but subject to reassignment and
reclassification of position and compensation as the administrator
determines to be in the interest of efficient administration. The
civil service status of any person employed by the commission is
not affected by this section. Personnel employed by the bureau or
the commission who are subject to Chapter 4117. of the Revised
Code shall retain all of their rights and benefits conferred
pursuant to that chapter as it presently exists or is hereafter
amended and nothing in this chapter or Chapter 4123. of the
Revised Code shall be construed as eliminating or interfering with
Chapter 4117. of the Revised Code or the rights and benefits
conferred under that chapter to public employees or to any
bargaining unit.
(4) Provide offices, equipment, supplies, and other
facilities for the bureau.
(5) Prepare and submit to the board information the
administrator considers pertinent or the board requires, together
with the administrator's recommendations, in the form of
administrative rules, for the advice and consent of the board, for
classifications of occupations or industries, for premium rates
and contributions, for the amount to be credited to the surplus
fund, for rules and systems of rating, rate revisions, and merit
rating. The administrator shall obtain, prepare, and submit any
other information the board requires for the prompt and efficient
discharge of its duties.
(6) Keep the accounts required by division (A) of section
4123.34 of the Revised Code and all other accounts and records
necessary to the collection, administration, and distribution of
the workers' compensation funds and shall obtain the statistical
and other information required by section 4123.19 of the Revised
Code.
(7) Exercise the investment powers vested in the
administrator by section 4123.44 of the Revised Code in accordance
with the investment policy approved by the board pursuant to
section 4121.12 of the Revised Code and in consultation with the
chief investment officer of the bureau of workers' compensation.
The administrator shall not engage in any prohibited investment
activity specified by the board pursuant to division (F)(9) of
section 4121.12 of the Revised Code and shall not invest in any
type of investment specified in divisions (B)(1) to (10) of
section 4123.442 of the Revised Code. All business shall be
transacted, all funds invested, all warrants for money drawn and
payments made, and all cash and securities and other property
held, in the name of the bureau, or in the name of its nominee,
provided that nominees are authorized by the administrator solely
for the purpose of facilitating the transfer of securities, and
restricted to the administrator and designated employees.
(8) Make contracts for and supervise the construction of any
project or improvement or the construction or repair of buildings
under the control of the bureau.
(9) Purchase supplies, materials, equipment, and services;
make contracts for, operate, and superintend the telephone, other
telecommunication, and computer services for the use of the
bureau; and make contracts in connection with office reproduction,
forms management, printing, and other services. Notwithstanding
sections 125.12 to 125.14 of the Revised Code, the administrator
may transfer surplus computers and computer equipment directly to
an accredited public school within the state. The computers and
computer equipment may be repaired or refurbished prior to the
transfer.
(10) Prepare and submit to the board an annual budget for
internal operating purposes for the board's approval. The
administrator also shall, separately from the budget the
industrial commission submits and from the budget the director of
the workers' compensation council submits, prepare and submit to
the director of budget and management a budget for each biennium.
The budgets submitted to the board and the director shall include
estimates of the costs and necessary expenditures of the bureau in
the discharge of any duty imposed by law.
(11) As promptly as possible in the course of efficient
administration, decentralize and relocate such of the personnel
and activities of the bureau as is appropriate to the end that the
receipt, investigation, determination, and payment of claims may
be undertaken at or near the place of injury or the residence of
the claimant and for that purpose establish regional offices, in
such places as the administrator considers proper, capable of
discharging as many of the functions of the bureau as is
practicable so as to promote prompt and efficient administration
in the processing of claims. All active and inactive lost-time
claims files shall be held at the service office responsible for
the claim. A claimant, at the claimant's request, shall be
provided with information by telephone as to the location of the
file pertaining to the claimant's claim. The administrator shall
ensure that all service office employees report directly to the
director for their service office.
(12) Provide a written binder on new coverage where the
administrator considers it to be in the best interest of the risk.
The administrator, or any other person authorized by the
administrator, shall grant the binder upon submission of a request
for coverage by the employer. A binder is effective for a period
of thirty days from date of issuance and is nonrenewable. Payroll
reports and premium charges shall coincide with the effective date
of the binder.
(13) Set standards for the reasonable and maximum handling
time of claims payment functions, ensure, by rules, the impartial
and prompt treatment of all claims and employer risk accounts, and
establish a secure, accurate method of time stamping all incoming
mail and documents hand delivered to bureau employees.
(14) Ensure that all employees of the bureau follow the
orders and rules of the commission as such orders and rules relate
to the commission's overall adjudicatory policy-making and
management duties under this chapter and Chapters 4123., 4127.,
and 4131. of the Revised Code.
(15) Manage and operate a data processing system with a
common data base for the use of both the bureau and the commission
and, in consultation with the commission, using electronic data
processing equipment, shall develop a claims tracking system that
is sufficient to monitor the status of a claim at any time and
that lists appeals that have been filed and orders or
determinations that have been issued pursuant to section 4123.511
or 4123.512 of the Revised Code, including the dates of such
filings and issuances.
(16) Establish and maintain a medical section within the
bureau. The medical section shall do all of the following:
(a) Assist the administrator in establishing standard medical
fees, approving medical procedures, and determining eligibility
and reasonableness of the compensation payments for medical,
hospital, and nursing services, and in establishing guidelines for
payment policies which recognize usual, customary, and reasonable
methods of payment for covered services;
(b) Provide a resource to respond to questions from claims
examiners for employees of the bureau;
(c) Audit fee bill payments;
(d) Implement a program to utilize, to the maximum extent
possible, electronic data processing equipment for storage of
information to facilitate authorizations of compensation payments
for medical, hospital, drug, and nursing services;
(e) Perform other duties assigned to it by the administrator.
(17) Appoint, as the administrator determines necessary,
panels to review and advise the administrator on disputes arising
over a determination that a health care service or supply provided
to a claimant is not covered under this chapter or Chapter 4123.,
4127., or 4131. of the Revised Code or is medically unnecessary.
If an individual health care provider is involved in the dispute,
the panel shall consist of individuals licensed pursuant to the
same section of the Revised Code as such health care provider.
(18) Pursuant to section 4123.65 of the Revised Code, approve
applications for the final settlement of claims for compensation
or benefits under this chapter and Chapters 4123., 4127., and
4131. of the Revised Code as the administrator determines
appropriate, except in regard to the applications of self-insuring
employers and their employees.
(19) Comply with section 3517.13 of the Revised Code, and
except in regard to contracts entered into pursuant to the
authority contained in section 4121.44 of the Revised Code, comply
with the competitive bidding procedures set forth in the Revised
Code for all contracts into which the administrator enters
provided that those contracts fall within the type of contracts
and dollar amounts specified in the Revised Code for competitive
bidding and further provided that those contracts are not
otherwise specifically exempt from the competitive bidding
procedures contained in the Revised Code.
(20) Adopt, with the advice and consent of the board, rules
for the operation of the bureau.
(21) Prepare and submit to the board information the
administrator considers pertinent or the board requires, together
with the administrator's recommendations, in the form of
administrative rules, for the advice and consent of the board, for
the health partnership program and the qualified health plan
system, as provided in sections 4121.44, 4121.441, and 4121.442 of
the Revised Code.
(C) The administrator, with the advice and consent of the
senate, shall appoint a chief operating officer who has a minimum
of five years of experience in the field of workers' compensation
insurance or in another similar insurance industry if the
administrator does not possess such experience. The chief
operating officer shall not commence the chief operating officer's
duties until after the senate consents to the chief operating
officer's appointment. The chief operating officer shall serve in
the unclassified civil service of the state.
Sec. 4121.77. The workers' compensation council shall
appoint a director to manage and direct the duties of the staff of
the council. The director shall serve at the pleasure of the
council. The director shall be a person who has had training and
experience in areas related to the duties of the council.
The council may authorize the director to employ
professional, technical, and clerical staff as necessary, and
employ or hire on a consulting basis persons to provide actuarial,
legal, investment, or other technical services required for the
performance of the council's duties. All employees of the council
are in the unclassified civil service as described in section
124.11 of the Revised Code and the staff serve at the pleasure of
the director. For purposes of sections 718.04 and 4117.01 of the
Revised Code, employees of the council shall be considered
employees of the general assembly.
The council shall fix the compensation of the director. The
director shall fix the compensation of all other employees of the
council and, notwithstanding section 124.18 of the Revised Code,
shall adopt policies relating to payment for overtime, granting of
compensatory time off, utilizing flexible hours, and working on
holidays and compensation for holiday work.
The council may do any of the following:
(A) Require the members of the industrial commission, bureau
of workers' compensation board of directors, workers' compensation
audit committee, workers' compensation actuarial committee, and
workers' compensation investment committee, the administrator of
workers' compensation, and employees of the industrial commission
and the bureau of workers' compensation, and any agency or
official of this state or its political subdivisions to provide
the council with any information necessary to carry out its
duties;
(B) Administer oaths and hold public hearings at times and
places within the state as necessary to accomplish the purposes of
sections 4121.75 to 4121.79 4121.78 of the Revised Code;
(C) Establish regular reporting requirements for any report
that the chairperson of the industrial commission, chairperson of
the board, members of the committees specified in division (A) of
this section, and the administrator are required to submit to the
council;
(D) Request that the auditor of state perform or contract for
the performance of a financial or special audit of the bureau;
(E) Request that the auditor of state perform or contract for
the performance of a special or fiduciary audit of the workers'
compensation system.
Sec. 4123.341. The administrative costs of the industrial
commission, the workers' compensation council, the bureau of
workers' compensation board of directors, and the bureau of
workers' compensation shall be those costs and expenses that are
incident to the discharge of the duties and performance of the
activities of the industrial commission, the council, the board,
and the bureau under this chapter and Chapters 4121., 4125.,
4127., 4131., and 4167. of the Revised Code, and all such costs
shall be borne by the state and by other employers amenable to
this chapter as follows:
(A) In addition to the contribution required of the state
under sections 4123.39 and 4123.40 of the Revised Code, the state
shall contribute the sum determined to be necessary under section
4123.342 of the Revised Code.
(B) The director of budget and management may allocate the
state's share of contributions in the manner the director finds
most equitably apportions the costs.
(C) The counties and taxing districts therein shall
contribute such sum as may be required under section 4123.342 of
the Revised Code.
(D) The private employers shall contribute the sum required
under section 4123.342 of the Revised Code.
Sec. 4123.342. (A) The administrator of workers'
compensation shall allocate among counties and taxing districts
therein as a class, the state and its instrumentalities as a
class, private employers who are insured under the private fund as
a class, and self-insuring employers as a class their fair shares
of the administrative costs which are to be borne by such
employers under division (D) of section 4123.341 of the Revised
Code, separately allocating to each class those costs solely
attributable to the activities of the industrial commission, those
costs solely attributable to the activities of the workers'
compensation council, and those costs solely attributable to the
activities of the bureau of workers' compensation board of
directors, and the bureau of workers' compensation in respect of
the class, allocating to any combination of classes those costs
attributable to the activities of the industrial commission,
council, board, or bureau in respect of the classes, and
allocating to all four classes those costs attributable to the
activities of the industrial commission, council, board, and
bureau in respect of all classes. The administrator shall
separately calculate each employer's assessment in the class,
except self-insuring employers, on the basis of the following
three factors: payroll, paid compensation, and paid medical costs
of the employer for those costs solely attributable to the
activities of the board and the bureau. The administrator shall
separately calculate each employer's assessment in the class,
except self-insuring employers, on the basis of the following
three factors: payroll, paid compensation, and paid medical costs
of the employer for those costs solely attributable to the
activities of the industrial commission. The administrator shall
separately calculate each employer's assessment in the class,
except self-insuring employers, on the basis of the following
three factors: payroll, paid compensation, and paid medical costs
of the employer for those costs solely attributable to the
activities of the council. The administrator shall separately
calculate each self-insuring employer's assessment in accordance
with section 4123.35 of the Revised Code for those costs solely
attributable to the activities of the board and the bureau. The
administrator shall separately calculate each self-insuring
employer's assessment in accordance with section 4123.35 of the
Revised Code for those costs solely attributable to the activities
of the industrial commission. The administrator shall separately
calculate each self-insuring employer's assessment in accordance
with section 4123.35 of the Revised Code for those costs solely
attributable to the activities of the council. In a timely manner,
the industrial commission shall provide to the administrator, the
information necessary for the administrator to allocate and
calculate, with the approval of the chairperson of the industrial
commission, for each class of employer as described in this
division, the costs solely attributable to the activities of the
industrial commission.
In a timely manner, the director of the
workers' compensation council shall submit to the administrator
the information necessary for the administrator to allocate and
calculate, with the approval of the director, for each class of
employer as described in this division, the costs solely
attributable to the activities of the council.
(B) The administrator shall divide the administrative cost
assessments collected by the administrator into three two
administrative assessment accounts within the state insurance
fund. One of the administrative assessment accounts shall consist
of the administrative cost assessment collected by the
administrator for the industrial commission. One of the
administrative assessment accounts shall consist of the
administrative cost assessment collected by the administrator for
the council. One of the administrative assessment accounts shall
consist of the administrative cost assessments collected by the
administrator for the bureau and the board. The administrator may
invest the administrative cost assessments in these accounts on
behalf of the bureau, the council, and the industrial commission
as authorized in section 4123.44 of the Revised Code. In a timely
manner, the administrator shall provide to the industrial
commission and the council the information and reports the
commission or council, as applicable, deems necessary for the
commission or the council, as applicable, to monitor the receipts
and the disbursements from the administrative assessment account
for the industrial commission or the administrative assessment
account for the council, as applicable.
(C) The administrator or the administrator's designee shall
transfer moneys as necessary from the administrative assessment
account identified for the bureau and the board to the workers'
compensation fund for the use of the bureau and the board. As
necessary and upon the authorization of the industrial commission,
the administrator or the administrator's designee shall transfer
moneys from the administrative assessment account identified for
the industrial commission to the industrial commission operating
fund created under section 4121.021 of the Revised Code. To the
extent that the moneys collected by the administrator in any
fiscal biennium of the state equal the sum appropriated by the
general assembly for administrative costs of the industrial
commission, board, and bureau for the biennium and the
administrative costs approved by the workers' compensation
council, the moneys shall be paid into the workers' compensation
fund, the industrial commission operating fund of the state, the
workers' compensation council fund, and the workers' compensation
council remuneration fund, as appropriate, and any remainder shall
be retained in those funds and applied to reduce the amount
collected during the next biennium.
(D) As necessary and upon authorization of the director of
the council, the administrator or the administrator's designee
shall transfer moneys from the administrative assessment account
identified for the council to the workers' compensation council
fund created in division (C) of section 4121.79 of the Revised
Code.
(E) Sections 4123.41, 4123.35, and 4123.37 of the Revised
Code apply to the collection of assessments from public and
private employers respectively, except that for boards of county
hospital trustees that are self-insuring employers, only those
provisions applicable to the collection of assessments for private
employers apply.
Sec. 4123.35. (A) Except as provided in this section, every
employer mentioned in division (B)(2) of section 4123.01 of the
Revised Code, and every publicly owned utility shall pay
semiannually in the months of January and July into the state
insurance fund the amount of annual premium the administrator of
workers' compensation fixes for the employment or occupation of
the employer, the amount of which premium to be paid by each
employer to be determined by the classifications, rules, and rates
made and published by the administrator. The employer shall pay
semiannually a further sum of money into the state insurance fund
as may be ascertained to be due from the employer by applying the
rules of the administrator, and a receipt or certificate
certifying that payment has been made, along with a written notice
as is required in section 4123.54 of the Revised Code, shall be
mailed immediately to the employer by the bureau of workers'
compensation. The receipt or certificate is prima-facie evidence
of the payment of the premium, and the proper posting of the
notice constitutes the employer's compliance with the notice
requirement mandated in section 4123.54 of the Revised Code.
The bureau of workers' compensation shall verify with the
secretary of state the existence of all corporations and
organizations making application for workers' compensation
coverage and shall require every such application to include the
employer's federal identification number.
An employer as defined in division (B)(2) of section 4123.01
of the Revised Code who has contracted with a subcontractor is
liable for the unpaid premium due from any subcontractor with
respect to that part of the payroll of the subcontractor that is
for work performed pursuant to the contract with the employer.
Division (A) of this section providing for the payment of
premiums semiannually does not apply to any employer who was a
subscriber to the state insurance fund prior to January 1, 1914,
or who may first become a subscriber to the fund in any month
other than January or July. Instead, the semiannual premiums shall
be paid by those employers from time to time upon the expiration
of the respective periods for which payments into the fund have
been made by them.
The administrator shall adopt rules to permit employers to
make periodic payments of the semiannual premium due under this
division. The rules shall include provisions for the assessment of
interest charges, where appropriate, and for the assessment of
penalties when an employer fails to make timely premium payments.
An employer who timely pays the amounts due under this division is
entitled to all of the benefits and protections of this chapter.
Upon receipt of payment, the bureau immediately shall mail a
receipt or certificate to the employer certifying that payment has
been made, which receipt is prima-facie evidence of payment.
Workers' compensation coverage under this chapter continues
uninterrupted upon timely receipt of payment under this division.
Every public employer, except public employers that are
self-insuring employers under this section, shall comply with
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in
regard to the contribution of moneys to the public insurance fund.
(B) Employers who will abide by the rules of the
administrator and who may be of sufficient financial ability to
render certain the payment of compensation to injured employees or
the dependents of killed employees, and the furnishing of medical,
surgical, nursing, and hospital attention and services and
medicines, and funeral expenses, equal to or greater than is
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64
to 4123.67 of the Revised Code, and who do not desire to insure
the payment thereof or indemnify themselves against loss sustained
by the direct payment thereof, upon a finding of such facts by the
administrator, may be granted the privilege to pay individually
compensation, and furnish medical, surgical, nursing, and hospital
services and attention and funeral expenses directly to injured
employees or the dependents of killed employees, thereby being
granted status as a self-insuring employer. The administrator may
charge employers who apply for the status as a self-insuring
employer a reasonable application fee to cover the bureau's costs
in connection with processing and making a determination with
respect to an application.
All employers granted status as self-insuring employers shall
demonstrate sufficient financial and administrative ability to
assure that all obligations under this section are promptly met.
The administrator shall deny the privilege where the employer is
unable to demonstrate the employer's ability to promptly meet all
the obligations imposed on the employer by this section.
(1) The administrator shall consider, but is not limited to,
the following factors, where applicable, in determining the
employer's ability to meet all of the obligations imposed on the
employer by this section:
(a) The employer employs a minimum of five hundred employees
in this state;
(b) The employer has operated in this state for a minimum of
two years, provided that an employer who has purchased, acquired,
or otherwise succeeded to the operation of a business, or any part
thereof, situated in this state that has operated for at least two
years in this state, also shall qualify;
(c) Where the employer previously contributed to the state
insurance fund or is a successor employer as defined by bureau
rules, the amount of the buyout, as defined by bureau rules;
(d) The sufficiency of the employer's assets located in this
state to insure the employer's solvency in paying compensation
directly;
(e) The financial records, documents, and data, certified by
a certified public accountant, necessary to provide the employer's
full financial disclosure. The records, documents, and data
include, but are not limited to, balance sheets and profit and
loss history for the current year and previous four years.
(f) The employer's organizational plan for the administration
of the workers' compensation law;
(g) The employer's proposed plan to inform employees of the
change from a state fund insurer to a self-insuring employer, the
procedures the employer will follow as a self-insuring employer,
and the employees' rights to compensation and benefits; and
(h) The employer has either an account in a financial
institution in this state, or if the employer maintains an account
with a financial institution outside this state, ensures that
workers' compensation checks are drawn from the same account as
payroll checks or the employer clearly indicates that payment will
be honored by a financial institution in this state.
The administrator may waive the requirements of divisions
(B)(1)(a) and (b) of this section and the requirement of division
(B)(1)(e) of this section that the financial records, documents,
and data be certified by a certified public accountant. The
administrator shall adopt rules establishing the criteria that an
employer shall meet in order for the administrator to waive the
requirement of division (B)(1)(e) of this section. Such rules may
require additional security of that employer pursuant to division
(E) of section 4123.351 of the Revised Code.
The administrator shall not grant the status of self-insuring
employer to the state, except that the administrator may grant the
status of self-insuring employer to a state institution of higher
education, excluding its hospitals, that meets the requirements of
division (B)(2) of this section.
(2) When considering the application of a public employer,
except for a board of county commissioners described in division
(G) of section 4123.01 of the Revised Code, a board of a county
hospital, or a publicly owned utility, the administrator shall
verify that the public employer satisfies all of the following
requirements as the requirements apply to that public employer:
(a) For the two-year period preceding application under this
section, the public employer has maintained an unvoted debt
capacity equal to at least two times the amount of the current
annual premium established by the administrator under this chapter
for that public employer for the year immediately preceding the
year in which the public employer makes application under this
section.
(b) For each of the two fiscal years preceding application
under this section, the unreserved and undesignated year-end fund
balance in the public employer's general fund is equal to at least
five per cent of the public employer's general fund revenues for
the fiscal year computed in accordance with generally accepted
accounting principles.
(c) For the five-year period preceding application under this
section, the public employer, to the extent applicable, has
complied fully with the continuing disclosure requirements
established in rules adopted by the United States securities and
exchange commission under 17 C.F.R. 240.15c 2-12.
(d) For the five-year period preceding application under this
section, the public employer has not had its local government fund
distribution withheld on account of the public employer being
indebted or otherwise obligated to the state.
(e) For the five-year period preceding application under this
section, the public employer has not been under a fiscal watch or
fiscal emergency pursuant to section 118.023, 118.04, or 3316.03
of the Revised Code.
(f) For the public employer's fiscal year preceding
application under this section, the public employer has obtained
an annual financial audit as required under section 117.10 of the
Revised Code, which has been released by the auditor of state
within seven months after the end of the public employer's fiscal
year.
(g) On the date of application, the public employer holds a
debt rating of Aa3 or higher according to Moody's investors
service, inc., or a comparable rating by an independent rating
agency similar to Moody's investors service, inc.
(h) The public employer agrees to generate an annual
accumulating book reserve in its financial statements reflecting
an actuarially generated reserve adequate to pay projected claims
under this chapter for the applicable period of time, as
determined by the administrator.
(i) For a public employer that is a hospital, the public
employer shall submit audited financial statements showing the
hospital's overall liquidity characteristics, and the
administrator shall determine, on an individual basis, whether the
public employer satisfies liquidity standards equivalent to the
liquidity standards of other public employers.
(j) Any additional criteria that the administrator adopts by
rule pursuant to division (E) of this section.
The administrator shall not approve the application of a
public employer, except for a board of county commissioners
described in division (G) of section 4123.01 of the Revised Code,
a board of a county hospital, or publicly owned utility, who does
not satisfy all of the requirements listed in division (B)(2) of
this section.
(C) A board of county commissioners described in division (G)
of section 4123.01 of the Revised Code, as an employer, that will
abide by the rules of the administrator and that may be of
sufficient financial ability to render certain the payment of
compensation to injured employees or the dependents of killed
employees, and the furnishing of medical, surgical, nursing, and
hospital attention and services and medicines, and funeral
expenses, equal to or greater than is provided for in sections
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised
Code, and that does not desire to insure the payment thereof or
indemnify itself against loss sustained by the direct payment
thereof, upon a finding of such facts by the administrator, may be
granted the privilege to pay individually compensation, and
furnish medical, surgical, nursing, and hospital services and
attention and funeral expenses directly to injured employees or
the dependents of killed employees, thereby being granted status
as a self-insuring employer. The administrator may charge a board
of county commissioners described in division (G) of section
4123.01 of the Revised Code that applies for the status as a
self-insuring employer a reasonable application fee to cover the
bureau's costs in connection with processing and making a
determination with respect to an application. All employers
granted such status shall demonstrate sufficient financial and
administrative ability to assure that all obligations under this
section are promptly met. The administrator shall deny the
privilege where the employer is unable to demonstrate the
employer's ability to promptly meet all the obligations imposed on
the employer by this section. The administrator shall consider,
but is not limited to, the following factors, where applicable, in
determining the employer's ability to meet all of the obligations
imposed on the board as an employer by this section:
(1) The board as an employer employs a minimum of five
hundred employees in this state;
(2) The board has operated in this state for a minimum of two
years;
(3) Where the board previously contributed to the state
insurance fund or is a successor employer as defined by bureau
rules, the amount of the buyout, as defined by bureau rules;
(4) The sufficiency of the board's assets located in this
state to insure the board's solvency in paying compensation
directly;
(5) The financial records, documents, and data, certified by
a certified public accountant, necessary to provide the board's
full financial disclosure. The records, documents, and data
include, but are not limited to, balance sheets and profit and
loss history for the current year and previous four years.
(6) The board's organizational plan for the administration of
the workers' compensation law;
(7) The board's proposed plan to inform employees of the
proposed self-insurance, the procedures the board will follow as a
self-insuring employer, and the employees' rights to compensation
and benefits;
(8) The board has either an account in a financial
institution in this state, or if the board maintains an account
with a financial institution outside this state, ensures that
workers' compensation checks are drawn from the same account as
payroll checks or the board clearly indicates that payment will be
honored by a financial institution in this state;
(9) The board shall provide the administrator a surety bond
in an amount equal to one hundred twenty-five per cent of the
projected losses as determined by the administrator.
(D) The administrator shall require a surety bond from all
self-insuring employers, issued pursuant to section 4123.351 of
the Revised Code, that is sufficient to compel, or secure to
injured employees, or to the dependents of employees killed, the
payment of compensation and expenses, which shall in no event be
less than that paid or furnished out of the state insurance fund
in similar cases to injured employees or to dependents of killed
employees whose employers contribute to the fund, except when an
employee of the employer, who has suffered the loss of a hand,
arm, foot, leg, or eye prior to the injury for which compensation
is to be paid, and thereafter suffers the loss of any other of the
members as the result of any injury sustained in the course of and
arising out of the employee's employment, the compensation to be
paid by the self-insuring employer is limited to the disability
suffered in the subsequent injury, additional compensation, if
any, to be paid by the bureau out of the surplus created by
section 4123.34 of the Revised Code.
(E) In addition to the requirements of this section, the
administrator shall make and publish rules governing the manner of
making application and the nature and extent of the proof required
to justify a finding of fact by the administrator as to granting
the status of a self-insuring employer, which rules shall be
general in their application, one of which rules shall provide
that all self-insuring employers shall pay into the state
insurance fund such amounts as are required to be credited to the
surplus fund in division (B) of section 4123.34 of the Revised
Code. The administrator may adopt rules establishing requirements
in addition to the requirements described in division (B)(2) of
this section that a public employer shall meet in order to qualify
for self-insuring status.
Employers shall secure directly from the bureau central
offices application forms upon which the bureau shall stamp a
designating number. Prior to submission of an application, an
employer shall make available to the bureau, and the bureau shall
review, the information described in division (B)(1) of this
section, and public employers shall make available, and the bureau
shall review, the information necessary to verify whether the
public employer meets the requirements listed in division (B)(2)
of this section. An employer shall file the completed application
forms with an application fee, which shall cover the costs of
processing the application, as established by the administrator,
by rule, with the bureau at least ninety days prior to the
effective date of the employer's new status as a self-insuring
employer. The application form is not deemed complete until all
the required information is attached thereto. The bureau shall
only accept applications that contain the required information.
(F) The bureau shall review completed applications within a
reasonable time. If the bureau determines to grant an employer the
status as a self-insuring employer, the bureau shall issue a
statement, containing its findings of fact, that is prepared by
the bureau and signed by the administrator. If the bureau
determines not to grant the status as a self-insuring employer,
the bureau shall notify the employer of the determination and
require the employer to continue to pay its full premium into the
state insurance fund. The administrator also shall adopt rules
establishing a minimum level of performance as a criterion for
granting and maintaining the status as a self-insuring employer
and fixing time limits beyond which failure of the self-insuring
employer to provide for the necessary medical examinations and
evaluations may not delay a decision on a claim.
(G) The administrator shall adopt rules setting forth
procedures for auditing the program of self-insuring employers.
The bureau shall conduct the audit upon a random basis or whenever
the bureau has grounds for believing that a self-insuring employer
is not in full compliance with bureau rules or this chapter.
The administrator shall monitor the programs conducted by
self-insuring employers, to ensure compliance with bureau
requirements and for that purpose, shall develop and issue to
self-insuring employers standardized forms for use by the
self-insuring employer in all aspects of the self-insuring
employers' direct compensation program and for reporting of
information to the bureau.
The bureau shall receive and transmit to the self-insuring
employer all complaints concerning any self-insuring employer. In
the case of a complaint against a self-insuring employer, the
administrator shall handle the complaint through the
self-insurance division of the bureau. The bureau shall maintain a
file by employer of all complaints received that relate to the
employer. The bureau shall evaluate each complaint and take
appropriate action.
The administrator shall adopt as a rule a prohibition against
any self-insuring employer from harassing, dismissing, or
otherwise disciplining any employee making a complaint, which rule
shall provide for a financial penalty to be levied by the
administrator payable by the offending self-insuring employer.
(H) For the purpose of making determinations as to whether to
grant status as a self-insuring employer, the administrator may
subscribe to and pay for a credit reporting service that offers
financial and other business information about individual
employers. The costs in connection with the bureau's subscription
or individual reports from the service about an applicant may be
included in the application fee charged employers under this
section.
(I) The administrator, notwithstanding other provisions of
this chapter, may permit a self-insuring employer to resume
payment of premiums to the state insurance fund with appropriate
credit modifications to the employer's basic premium rate as such
rate is determined pursuant to section 4123.29 of the Revised
Code.
(J) On the first day of July of each year, the administrator
shall calculate separately each self-insuring employer's
assessments for the safety and hygiene fund, administrative costs
pursuant to section 4123.342 of the Revised Code, and for the
portion of the surplus fund under division (B) of section 4123.34
of the Revised Code that is not used for handicapped
reimbursement, on the basis of the paid compensation attributable
to the individual self-insuring employer according to the
following calculation:
(1) The total assessment against all self-insuring employers
as a class for each fund and for the administrative costs for the
year that the assessment is being made, as determined by the
administrator, divided by the total amount of paid compensation
for the previous calendar year attributable to all amenable
self-insuring employers;
(2) Multiply the quotient in division (J)(1) of this section
by the total amount of paid compensation for the previous calendar
year that is attributable to the individual self-insuring employer
for whom the assessment is being determined. Each self-insuring
employer shall pay the assessment that results from this
calculation, unless the assessment resulting from this calculation
falls below a minimum assessment, which minimum assessment the
administrator shall determine on the first day of July of each
year with the advice and consent of the bureau of workers'
compensation board of directors, in which event, the self-insuring
employer shall pay the minimum assessment.
In determining the total amount due for the total assessment
against all self-insuring employers as a class for each fund and
the administrative assessment, the administrator shall reduce
proportionately the total for each fund and assessment by the
amount of money in the self-insurance assessment fund as of the
date of the computation of the assessment.
The administrator shall calculate the assessment for the
portion of the surplus fund under division (B) of section 4123.34
of the Revised Code that is used for handicapped reimbursement in
the same manner as set forth in divisions (J)(1) and (2) of this
section except that the administrator shall calculate the total
assessment for this portion of the surplus fund only on the basis
of those self-insuring employers that retain participation in the
handicapped reimbursement program and the individual self-insuring
employer's proportion of paid compensation shall be calculated
only for those self-insuring employers who retain participation in
the handicapped reimbursement program. The administrator, as the
administrator determines appropriate, may determine the total
assessment for the handicapped portion of the surplus fund in
accordance with sound actuarial principles.
The administrator shall calculate the assessment for the
portion of the surplus fund under division (B) of section 4123.34
of the Revised Code that under division (D) of section 4121.66 of
the Revised Code is used for rehabilitation costs in the same
manner as set forth in divisions (J)(1) and (2) of this section,
except that the administrator shall calculate the total assessment
for this portion of the surplus fund only on the basis of those
self-insuring employers who have not made the election to make
payments directly under division (D) of section 4121.66 of the
Revised Code and an individual self-insuring employer's proportion
of paid compensation only for those self-insuring employers who
have not made that election.
The administrator shall calculate the assessment for the
portion of the surplus fund under division (B) of section 4123.34
of the Revised Code that is used for reimbursement to a
self-insuring employer under division (H) of section 4123.512 of
the Revised Code in the same manner as set forth in divisions
(J)(1) and (2) of this section except that the administrator shall
calculate the total assessment for this portion of the surplus
fund only on the basis of those self-insuring employers that
retain participation in reimbursement to the self-insuring
employer under division (H) of section 4123.512 of the Revised
Code and the individual self-insuring employer's proportion of
paid compensation shall be calculated only for those self-insuring
employers who retain participation in reimbursement to the
self-insuring employer under division (H) of section 4123.512 of
the Revised Code.
An employer who no longer is a self-insuring employer in this
state or who no longer is operating in this state, shall continue
to pay assessments for administrative costs and for the portion of
the surplus fund under division (B) of section 4123.34 of the
Revised Code that is not used for handicapped reimbursement, based
upon paid compensation attributable to claims that occurred while
the employer was a self-insuring employer within this state.
(K) The administrator shall deposit any moneys received from
a self-insuring employer for the self-insuring employer's
assessment to pay the costs solely attributable to the workers'
compensation council into the administrative assessment account
described in division (B) of section 4123.342 of the Revised Code
for the administrative cost assessment collected by the
administrator for the council. There is hereby created in the
state treasury the self-insurance assessment fund. All investment
earnings of the fund shall be deposited in the fund. The
administrator shall use the money in the self-insurance assessment
fund only for administrative costs as specified in section
4123.341 of the Revised Code.
(L) Every self-insuring employer shall certify, in affidavit
form subject to the penalty for perjury, to the bureau the amount
of the self-insuring employer's paid compensation for the previous
calendar year. In reporting paid compensation paid for the
previous year, a self-insuring employer shall exclude from the
total amount of paid compensation any reimbursement the
self-insuring employer receives in the previous calendar year from
the surplus fund pursuant to section 4123.512 of the Revised Code
for any paid compensation. The self-insuring employer also shall
exclude from the paid compensation reported any amount recovered
under section 4123.931 of the Revised Code and any amount that is
determined not to have been payable to or on behalf of a claimant
in any final administrative or judicial proceeding. The
self-insuring employer shall exclude such amounts from the paid
compensation reported in the reporting period subsequent to the
date the determination is made. The administrator shall adopt
rules, in accordance with Chapter 119. of the Revised Code, that
provide for all of the following:
(1) Establishing the date by which self-insuring employers
must submit such information and the amount of the assessments
provided for in division (J) of this section for employers who
have been granted self-insuring status within the last calendar
year;
(2) If an employer fails to pay the assessment when due, the
administrator may add a late fee penalty of not more than five
hundred dollars to the assessment plus an additional penalty
amount as follows:
(a) For an assessment from sixty-one to ninety days past due,
the prime interest rate, multiplied by the assessment due;
(b) For an assessment from ninety-one to one hundred twenty
days past due, the prime interest rate plus two per cent,
multiplied by the assessment due;
(c) For an assessment from one hundred twenty-one to one
hundred fifty days past due, the prime interest rate plus four per
cent, multiplied by the assessment due;
(d) For an assessment from one hundred fifty-one to one
hundred eighty days past due, the prime interest rate plus six per
cent, multiplied by the assessment due;
(e) For an assessment from one hundred eighty-one to two
hundred ten days past due, the prime interest rate plus eight per
cent, multiplied by the assessment due;
(f) For each additional thirty-day period or portion thereof
that an assessment remains past due after it has remained past due
for more than two hundred ten days, the prime interest rate plus
eight per cent, multiplied by the assessment due.
(3) An employer may appeal a late fee penalty and penalty
assessment to the administrator.
For purposes of division (L)(2) of this section, "prime
interest rate" means the average bank prime rate, and the
administrator shall determine the prime interest rate in the same
manner as a county auditor determines the average bank prime rate
under section 929.02 of the Revised Code.
The administrator shall include any assessment and penalties
that remain unpaid for previous assessment periods in the
calculation and collection of any assessments due under this
division or division (J) of this section.
(M) As used in this section, "paid compensation" means all
amounts paid by a self-insuring employer for living maintenance
benefits, all amounts for compensation paid pursuant to sections
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and
4123.64 of the Revised Code, all amounts paid as wages in lieu of
such compensation, all amounts paid in lieu of such compensation
under a nonoccupational accident and sickness program fully funded
by the self-insuring employer, and all amounts paid by a
self-insuring employer for a violation of a specific safety
standard pursuant to Section 35 of Article II, Ohio Constitution
and section 4121.47 of the Revised Code.
(N) Should any section of this chapter or Chapter 4121. of
the Revised Code providing for self-insuring employers'
assessments based upon compensation paid be declared
unconstitutional by a final decision of any court, then that
section of the Revised Code declared unconstitutional shall revert
back to the section in existence prior to November 3, 1989,
providing for assessments based upon payroll.
(O) The administrator may grant a self-insuring employer the
privilege to self-insure a construction project entered into by
the self-insuring employer that is scheduled for completion within
six years after the date the project begins, and the total cost of
which is estimated to exceed one hundred million dollars or, for
employers described in division (R) of this section, if the
construction project is estimated to exceed twenty-five million
dollars. The administrator may waive such cost and time criteria
and grant a self-insuring employer the privilege to self-insure a
construction project regardless of the time needed to complete the
construction project and provided that the cost of the
construction project is estimated to exceed fifty million dollars.
A self-insuring employer who desires to self-insure a construction
project shall submit to the administrator an application listing
the dates the construction project is scheduled to begin and end,
the estimated cost of the construction project, the contractors
and subcontractors whose employees are to be self-insured by the
self-insuring employer, the provisions of a safety program that is
specifically designed for the construction project, and a
statement as to whether a collective bargaining agreement
governing the rights, duties, and obligations of each of the
parties to the agreement with respect to the construction project
exists between the self-insuring employer and a labor
organization.
A self-insuring employer may apply to self-insure the
employees of either of the following:
(1) All contractors and subcontractors who perform labor or
work or provide materials for the construction project;
(2) All contractors and, at the administrator's discretion, a
substantial number of all the subcontractors who perform labor or
work or provide materials for the construction project.
Upon approval of the application, the administrator shall
mail a certificate granting the privilege to self-insure the
construction project to the self-insuring employer. The
certificate shall contain the name of the self-insuring employer
and the name, address, and telephone number of the self-insuring
employer's representatives who are responsible for administering
workers' compensation claims for the construction project. The
self-insuring employer shall post the certificate in a conspicuous
place at the site of the construction project.
The administrator shall maintain a record of the contractors
and subcontractors whose employees are covered under the
certificate issued to the self-insured employer. A self-insuring
employer immediately shall notify the administrator when any
contractor or subcontractor is added or eliminated from inclusion
under the certificate.
Upon approval of the application, the self-insuring employer
is responsible for the administration and payment of all claims
under this chapter and Chapter 4121. of the Revised Code for the
employees of the contractor and subcontractors covered under the
certificate who receive injuries or are killed in the course of
and arising out of employment on the construction project, or who
contract an occupational disease in the course of employment on
the construction project. For purposes of this chapter and Chapter
4121. of the Revised Code, a claim that is administered and paid
in accordance with this division is considered a claim against the
self-insuring employer listed in the certificate. A contractor or
subcontractor included under the certificate shall report to the
self-insuring employer listed in the certificate, all claims that
arise under this chapter and Chapter 4121. of the Revised Code in
connection with the construction project for which the certificate
is issued.
A self-insuring employer who complies with this division is
entitled to the protections provided under this chapter and
Chapter 4121. of the Revised Code with respect to the employees of
the contractors and subcontractors covered under a certificate
issued under this division for death or injuries that arise out
of, or death, injuries, or occupational diseases that arise in the
course of, those employees' employment on that construction
project, as if the employees were employees of the self-insuring
employer, provided that the self-insuring employer also complies
with this section. No employee of the contractors and
subcontractors covered under a certificate issued under this
division shall be considered the employee of the self-insuring
employer listed in that certificate for any purposes other than
this chapter and Chapter 4121. of the Revised Code. Nothing in
this division gives a self-insuring employer authority to control
the means, manner, or method of employment of the employees of the
contractors and subcontractors covered under a certificate issued
under this division.
The contractors and subcontractors included under a
certificate issued under this division are entitled to the
protections provided under this chapter and Chapter 4121. of the
Revised Code with respect to the contractor's or subcontractor's
employees who are employed on the construction project which is
the subject of the certificate, for death or injuries that arise
out of, or death, injuries, or occupational diseases that arise in
the course of, those employees' employment on that construction
project.
The contractors and subcontractors included under a
certificate issued under this division shall identify in their
payroll records the employees who are considered the employees of
the self-insuring employer listed in that certificate for purposes
of this chapter and Chapter 4121. of the Revised Code, and the
amount that those employees earned for employment on the
construction project that is the subject of that certificate.
Notwithstanding any provision to the contrary under this chapter
and Chapter 4121. of the Revised Code, the administrator shall
exclude the payroll that is reported for employees who are
considered the employees of the self-insuring employer listed in
that certificate, and that the employees earned for employment on
the construction project that is the subject of that certificate,
when determining those contractors' or subcontractors' premiums or
assessments required under this chapter and Chapter 4121. of the
Revised Code. A self-insuring employer issued a certificate under
this division shall include in the amount of paid compensation it
reports pursuant to division (L) of this section, the amount of
paid compensation the self-insuring employer paid pursuant to this
division for the previous calendar year.
Nothing in this division shall be construed as altering the
rights of employees under this chapter and Chapter 4121. of the
Revised Code as those rights existed prior to September 17, 1996.
Nothing in this division shall be construed as altering the rights
devolved under sections 2305.31 and 4123.82 of the Revised Code as
those rights existed prior to September 17, 1996.
As used in this division, "privilege to self-insure a
construction project" means privilege to pay individually
compensation, and to furnish medical, surgical, nursing, and
hospital services and attention and funeral expenses directly to
injured employees or the dependents of killed employees.
(P) A self-insuring employer whose application is granted
under division (O) of this section shall designate a safety
professional to be responsible for the administration and
enforcement of the safety program that is specifically designed
for the construction project that is the subject of the
application.
A self-insuring employer whose application is granted under
division (O) of this section shall employ an ombudsperson for the
construction project that is the subject of the application. The
ombudsperson shall have experience in workers' compensation or the
construction industry, or both. The ombudsperson shall perform all
of the following duties:
(1) Communicate with and provide information to employees who
are injured in the course of, or whose injury arises out of
employment on the construction project, or who contract an
occupational disease in the course of employment on the
construction project;
(2) Investigate the status of a claim upon the request of an
employee to do so;
(3) Provide information to claimants, third party
administrators, employers, and other persons to assist those
persons in protecting their rights under this chapter and Chapter
4121. of the Revised Code.
A self-insuring employer whose application is granted under
division (O) of this section shall post the name of the safety
professional and the ombudsperson and instructions for contacting
the safety professional and the ombudsperson in a conspicuous
place at the site of the construction project.
(Q) The administrator may consider all of the following when
deciding whether to grant a self-insuring employer the privilege
to self-insure a construction project as provided under division
(O) of this section:
(1) Whether the self-insuring employer has an organizational
plan for the administration of the workers' compensation law;
(2) Whether the safety program that is specifically designed
for the construction project provides for the safety of employees
employed on the construction project, is applicable to all
contractors and subcontractors who perform labor or work or
provide materials for the construction project, and has as a
component, a safety training program that complies with standards
adopted pursuant to the "Occupational Safety and Health Act of
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing
management and employee involvement;
(3) Whether granting the privilege to self-insure the
construction project will reduce the costs of the construction
project;
(4) Whether the self-insuring employer has employed an
ombudsperson as required under division (P) of this section;
(5) Whether the self-insuring employer has sufficient surety
to secure the payment of claims for which the self-insuring
employer would be responsible pursuant to the granting of the
privilege to self-insure a construction project under division (O)
of this section.
(R) As used in divisions (O), (P), and (Q), "self-insuring
employer" includes the following employers, whether or not they
have been granted the status of being a self-insuring employer
under division (B) of this section:
(1) A state institution of higher education;
(3) A county school financing district;
(4) An educational service center;
(5) A community school established under Chapter 3314. of the
Revised Code;
(6) A municipal power agency as defined in section 3734.058
of the Revised Code.
(S) As used in this section:
(1) "Unvoted debt capacity" means the amount of money that a
public employer may borrow without voter approval of a tax levy;
(2) "State institution of higher education" means the state
universities listed in section 3345.011 of the Revised Code,
community colleges created pursuant to Chapter 3354. of the
Revised Code, university branches created pursuant to Chapter
3355. of the Revised Code, technical colleges created pursuant to
Chapter 3357. of the Revised Code, and state community colleges
created pursuant to Chapter 3358. of the Revised Code.
Sec. 4169.02. (A) For the purposes of regulating The
division of labor in the department of commerce shall regulate the
construction, maintenance, mechanical operation, and inspection of
passenger tramways that are associated with ski areas and of
registering shall register operators of passenger tramways in this
state, there is hereby established in the division of labor in the
department of commerce a ski tramway board to be appointed by the
governor, with the advice and consent of the senate. The board
shall consist of three members, one of whom shall be a public
member who is an experienced skier and familiar with ski areas in
this state, one of whom shall be a ski area operator actively
engaged in the business of recreational skiing in this state, and
one of whom shall be a professional engineer who is knowledgeable
in the design or operation of passenger tramways.
Of the initial appointments, one member shall be appointed
for a term of one year, one for a term of two years, and one for a
term of three years. The member appointed to the term beginning on
July 1, 1996, shall be appointed to a term ending on June 30,
1997; the member appointed to a term beginning on July 1, 1997,
shall be appointed to a term ending on June 30, 1999; and the
member appointed to a term beginning on July 1, 1998, shall be
appointed to a term ending on June 30, 2001. Thereafter, each of
the members shall be appointed for a term of six years. 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 a vacancy, 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 board shall elect a chairperson from
its members.
The governor may remove any member of the board at any time
for misfeasance, nonfeasance, or malfeasance in office after
giving the member a copy of the charges against the member and an
opportunity to be heard publicly in person or by counsel in the
member's defense. Any such act of removal by the governor is
final. A statement of the findings of the governor, the reason for
the governor's action, and the answer, if any, of the member shall
be filed by the governor with the secretary of state and shall be
open to public inspection.
Members of the board shall be paid two hundred fifty dollars
for each meeting that the member attends, except that no member
shall be paid or receive more than seven hundred fifty dollars for
attending meetings during any calendar year. Each member shall be
reimbursed for the member's actual and necessary expenses incurred
in the performance of official board duties. The chairperson shall
be paid two hundred fifty dollars annually in addition to any
compensation the chairperson receives under this division for
attending meetings and any other compensation the chairperson
receives for serving on the board.
The division shall provide the board with such offices and
such clerical, professional, and other assistance as may be
reasonably necessary for the board to carry on its work. The
division shall maintain accurate copies of the board's rules as
promulgated in accordance with division (B) of this section and
shall keep all of the board's records, including business records,
and inspection reports as well as its own records and reports. The
cost of administering the board and conducting inspections shall
be included in the budget of the division based on revenues
generated by the registration fees established under section
4169.03 of the Revised Code.
(B) In accordance with Chapter 119. of the Revised Code, the
board division shall adopt and may amend or rescind rules relating
to public safety in the construction, maintenance, mechanical
operation, and inspection of passenger tramways. The rules shall
be in accordance with established standards in the business of ski
area operation, if any, and shall not discriminate in their
application to ski area operators.
No person shall violate the rules of the board division.
(C) The authority of the board division shall not extend to
any matter relative to the operation of a ski area other than the
construction, maintenance, mechanical operation, and inspection of
passenger tramways.
(D) A majority of the board constitutes a quorum and may
perform and exercise all the duties and powers devolving upon the
board.
Sec. 4169.03. (A) Before a passenger tramway operator may
operate any passenger tramway in the state, the operator shall
apply to the ski tramway board division of labor in the department
of commerce, on forms prepared by it, for registration by the
board division. The application shall contain an inventory of the
passenger tramways that the applicant intends to operate and other
information as the board division may reasonably require and shall
be accompanied by the following annual fees:
(1) Each aerial passenger tramway, five hundred dollars;
(2) Each skimobile, two hundred dollars;
(3) Each chair lift, two hundred dollars;
(4) Each J bar, T bar, or platter pull, one hundred dollars;
(5) Each rope tow, fifty dollars;
(6) Each wire rope tow, seventy-five dollars;
(7) Each conveyor, one hundred dollars.
When an operator operates an aerial passenger tramway, a
skimobile, or a chair lift during both a winter and summer season,
the annual fee shall be one and one-half the above amount for the
respective passenger tramway.
(B) Upon payment of the appropriate annual fees in accordance
with division (A) of this section, the board division shall issue
a registration certificate to the operator. Each certificate shall
remain in force until the thirtieth day of September next ensuing.
The board division shall renew an operator's certificate in
accordance with the standard renewal procedure in Chapter 4745. of
the Revised Code upon payment of the appropriate annual fees.
(C) Money received from the registration fees and from the
fines collected pursuant to section 4169.99 of the Revised Code
shall be paid into the state treasury to the credit of the labor
operating fund created in section 121.084 of the Revised Code.
(D) No person shall operate a passenger tramway in this state
unless the person has been registered by the board division.
Sec. 4169.04. (A) The division of labor in the department of
commerce shall make such inspection of the construction,
maintenance, and mechanical operation of passenger tramways as
the ski tramway board may reasonably
require required. The
division may contract with other qualified engineers to make such
inspection or may accept the inspection report by any qualified
inspector of an insurance company authorized to insure passenger
tramways in this state.
(B) If, as the result of an inspection, an employee of the
division or other agent with whom the division has contracted
finds that a violation of the board's division's rules exists or a
condition in passenger tramway construction, maintenance, or
mechanical operation exists that endangers public safety, the
employee or agent shall make an immediate report to the board
division for appropriate investigation and order.
Sec. 4169.05. Any person may make a written complaint to the
ski tramway board division of labor of the department of commerce
setting forth an alleged violation of the
board's division's rules
by a registered passenger tramway operator or a condition in
passenger tramway construction, maintenance, or mechanical
operation that allegedly endangers public safety. The board
division shall forward a copy of the complaint to the operator
named in it and may accompany it with an order that requires the
operator to answer the complaint in writing within a specified
period of time. The board division may investigate the complaint
if it determines that there are reasonable grounds for such an
investigation.
Sec. 4169.06. (A) When facts are presented to any member of
the ski tramway board the division of labor in the department of
commerce that indicate that immediate danger exists in the
continued operation of a passenger tramway, any member of the
board division, after such verification of the facts as is
practical under the circumstances and consistent with immediate
public safety, may by an emergency written order require the
operator of the tramway to cease using the tramway immediately for
the transportation of passengers. Any person may serve notice on
the operator or the operator's agent who is in immediate control
of the tramway by delivering a true and attested copy of the
order, and the operator or the operator's agent shall furnish
proof of receipt of such notice by signing an affidavit on the
back of the copy of the order. The emergency order shall be
effective for a period not to exceed forty-eight hours from the
time of notification.
(B) Immediately after the issuance of an emergency order
pursuant to this section, the board division shall investigate the
facts of the case. If the board division finds that a violation of
any of its rules exists or that a condition in passenger tramway
construction, maintenance, or mechanical operation exists that
endangers public safety, it shall issue a written order setting
forth its findings and the corrective action to be taken and
fixing a reasonable time for compliance.
(C) After an investigation pursuant to division (B) of this
section, if the board division determines that danger to public
safety exists in the continued operation of a passenger tramway,
it shall so state in the order, describe in detail the basis for
its findings, and in the order may require the operator not to
operate the tramway until the operator has taken the corrective
action ordered pursuant to this section. If the operator continues
to use the tramway following receipt of such order, the board
division may request the court of common pleas having jurisdiction
in the county where the tramway is located to issue an injunction
forbidding operation of the tramway.
(D) An operator of a passenger tramway may request a hearing
by the board division on any order issued pursuant to this chapter
and may appeal the results of such a hearing in accordance with
Chapter 119. of the Revised Code. An operator may appeal an order
suspending the operation of the operator's tramway without first
requesting a hearing.
(E) If an operator fails to comply with an order of the
board
division issued pursuant to this chapter within the specified
time, the board division may suspend the registration certificate
of the operator for such time as it considers necessary to gain
compliance with its order.
No operator shall operate a passenger tramway while the
operator's registration certificate is under suspension by the
board division.
Sec. 4503.52. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, or other
vehicle of a class approved by the registrar of motor vehicles may
apply to the registrar for the registration of the vehicle and
issuance of Lake Erie license plates. The application for Lake
Erie license plates may be combined with a request for a special
reserved license plate under section 4503.40 or 4503.42 of the
Revised Code. Upon receipt of the completed application and
compliance with division (B) of this section, the registrar shall
issue to the applicant the appropriate vehicle registration and a
set of Lake Erie license plates with a validation sticker or a
validation sticker alone when required by section 4503.191 of the
Revised Code.
In addition to the letters and numbers ordinarily inscribed
thereon, Lake Erie license plates shall be inscribed with
identifying words or markings designed by the Ohio Lake Erie
great
lakes state commission and approved by the registrar. Lake Erie
license plates shall bear county identification stickers that
identify the county of registration by name or number.
(B) The Lake Erie license plates and validation sticker shall
be issued upon receipt of a contribution as provided in division
(C) of this section and upon payment of the regular license fees
as prescribed under section 4503.04 of the Revised Code, a fee not
to exceed ten dollars for the purpose of compensating the bureau
of motor vehicles for additional services required in the issuing
of the Lake Erie license plates, any applicable motor vehicle tax
levied under Chapter 4504. of the Revised Code, and compliance
with all other applicable laws relating to the registration of
motor vehicles. If the application for Lake Erie license plates is
combined with a request for a special reserved license plate under
section 4503.40 or 4503.42 of the Revised Code, the license plate
and validation sticker shall be issued upon payment of the
contribution, fees, and taxes contained in this division and the
additional fee prescribed under section 4503.40 or 4503.42 of the
Revised Code.
(C) For each application for registration and registration
renewal received under this section, the registrar shall collect a
contribution in an amount not to exceed forty dollars as
determined by the Ohio Lake Erie great lakes state commission. The
registrar shall transmit this contribution to the treasurer of
state for deposit in the Lake Erie protection fund created in
section
1506.23 6161.05 of the Revised Code.
The registrar shall deposit the additional fee not to exceed
ten dollars specified in division (B) of this section that the
applicant for registration voluntarily pays for the purpose of
compensating the bureau for the additional services required in
the issuing of the Lake Erie license plates in the state bureau of
motor vehicles fund created in section 4501.25 of the Revised
Code.
Sec. 4503.77. (A) As used in this section:
(1) "Nonstandard license plate" means all of the following:
(a) A license plate issued under sections 4503.52, 4503.55,
4503.56, 4503.57, 4503.70, 4503.71, 4503.72, and 4503.75 of the
Revised Code;
(b) A license plate issued under a program that is
reestablished under division (D) of this section and that meets
the requirements contained in division (B) of section 4503.78 of
the Revised Code;
(c) Except as may otherwise be specifically provided by law,
any license plate created after August 21, 1997.
(2) For purposes of license plates issued under sections
4503.503 and 4503.504 of the Revised Code, "sponsor" includes the
Ohio agriculture license plate scholarship fund board created in
section 901.90 of the Revised Code and the director of
agriculture.
(B)(1) If, during any calendar year commencing with 1998, the
total number of motor vehicle registrations involving a particular
type of nonstandard license plate is less than five hundred,
including both new registrations and registration renewals, the
registrar of motor vehicles, on or after the first day of January,
but not later than the fifteenth day of January of the following
year, shall send a written notice to the sponsor of that type of
nonstandard license plate, if a sponsor exists, informing the
sponsor of this fact. The registrar also shall inform the sponsor
that if, during the calendar year in which the written notice is
sent, the total number of motor vehicle registrations involving
the sponsor's nonstandard license plate again is less than five
hundred, the program involving that type of nonstandard license
plate will be terminated on the thirty-first day of December of
the calendar year in which the written notice is sent and, except
as provided in division (C) of this section, no motor vehicle
registration application involving either the actual issuance of
that type of nonstandard license plate or the registration renewal
of a motor vehicle displaying that type of nonstandard license
plate will be accepted by the registrar or a deputy registrar
beginning the first day of January of the next calendar year. The
registrar also shall inform the sponsor that if the program
involving the sponsor's nonstandard license plate is terminated
under this section, it may be reestablished pursuant to division
(D) of this section.
(2) If, during any calendar year commencing with 1998, the
total number of motor vehicle registrations involving a particular
type of nonstandard license plate is less than five hundred,
including both new registrations and registration renewals, and no
sponsor exists for that license plate, the registrar shall issue a
public notice on or after the first day of January, but not later
than the fifteenth day of January of the following year, stating
that fact. The notice also shall inform the public that if, during
the calendar year in which the registrar issues the public notice,
the total number of motor vehicle registrations for that type of
nonstandard license plate, including both new registrations and
registration renewals, again is less than five hundred, the
program involving that type of nonstandard license plate will be
terminated on the thirty-first day of December of the calendar
year in which the registrar issues the public notice and, except
as provided in division (C) of this section, no motor vehicle
registration application involving either the actual issuance of
that type of nonstandard license plate or the registration renewal
of a motor vehicle displaying that type of nonstandard license
plate will be accepted by the registrar or a deputy registrar
beginning on the first day of January of the next calendar year.
(C) If the program involving a type of nonstandard license
plate is terminated under division (B) of this section, the
registration of any motor vehicle displaying that type of
nonstandard license plate at the time of termination may be
renewed so long as the nonstandard license plates remain
serviceable. If the nonstandard license plates of such a motor
vehicle become unfit for service, the owner of the motor vehicle
may apply for the issuance of nonstandard license plates of that
same type, but the registrar or deputy registrar shall issue such
nonstandard license plates only if at the time of application the
stock of the bureau contains license plates of that type of
nonstandard license plate. If, at the time of such application,
the stock of the bureau does not contain license plates of that
type of nonstandard license plate, the registrar or deputy
registrar shall inform the owner of that fact, and the application
shall be refused.
If the program involving a type of nonstandard license plate
is terminated under division (B) of this section and the
registration of motor vehicles displaying such license plates
continues as permitted by this division, the registrar, for as
long as such registrations continue to be issued, shall continue
to collect and distribute any contribution that was required to be
collected and distributed prior to the termination of that
program.
(D) If the program involving a nonstandard license plate is
terminated under division (B)(1) of this section, the sponsor of
that license plate may apply to the registrar for the
reestablishment of the program. If the program involving that
nonstandard license plate is reestablished, the reestablishment is
subject to division (B) of section 4503.78 of the Revised Code.
Sec. 4723.61. As used in this section and in sections
4723.62 4723.63 to 4723.69 of the Revised Code:
(A) "Medication" means a drug, as defined in section 4729.01
of the Revised Code.
(B) "Medication error" means a failure to follow the
prescriber's instructions when administering a prescription
medication.
(C) "Nursing home" and "residential care facility" have the
same meanings as in section 3721.01 of the Revised Code.
(D) "Prescription medication" means a medication that may be
dispensed only pursuant to a prescription.
(E) "Prescriber" and "prescription" have the same meanings as
in section 4729.01 of the Revised Code.
Sec. 4723.63. (A) In consultation with the medication aide
advisory council established under section 4723.62 of the Revised
Code, the The board of nursing shall conduct a pilot program for
the use of medication aides in nursing homes and residential care
facilities. The board shall conduct the pilot program in a manner
consistent with human protection and other ethical concerns
typically associated with research studies involving live
subjects. The pilot program shall be commenced not later than May
1, 2006, and shall end on the thirty-first day after the report
required by division (F)(2) of this section is submitted in
accordance with that division.
During the period the pilot program is conducted, a nursing
home or residential care facility participating in the pilot
program may use one or more medication aides to administer
prescription medications to its residents, subject to all of the
following conditions:
(1) Each individual used as a medication aide must hold a
current, valid medication aide certificate issued by the board of
nursing under this chapter.
(2) The nursing home or residential care facility shall
ensure that the requirements of section 4723.67 of the Revised
Code are met.
(3) The nursing home or residential care facility shall
submit to the board, not later than the thirty-first day after the
day the board makes its request under division (F)(1)(a) of this
section, the data required by division (F)(1)(a) of this section.
(B) The board, in consultation with the medication aide
advisory council, shall do all of the following not later than
February 1, 2006:
(1) Design the pilot program;
(2) Establish standards to govern medication aides and the
nursing homes and residential care facilities participating in the
pilot program, including standards for the training of medication
aides and the staff of participating nursing homes and residential
care facilities;
(3) Establish standards to protect the health and safety of
the residents of the nursing homes and residential care facilities
participating in the program;
(4) Implement a process for selecting the nursing homes and
residential care facilities to participate in the program.
(C)(1) A nursing home or residential care facility may
volunteer to participate in the pilot program by submitting an
application to the board on a form prescribed and provided by the
board. From among the applicants, the board shall select eighty
nursing homes and forty residential care facilities to participate
in the pilot program. When the board denies an application, it
shall notify, in writing, the president and minority leader of the
senate and the speaker and minority leader of the house of
representatives of the denial and the reasons for the denial.
(2) To be eligible to participate, a nursing home or
residential care facility shall agree to observe the standards
established by the board for the use of medication aides. A
nursing home is eligible to participate only if the department of
health has found in the most recent survey or inspection of the
home that the home is free from deficiencies related to the
administration of medication. A residential care facility is
eligible to participate only if the department has found that the
facility is free from deficiencies related to the provision of
skilled nursing care or the administration of medication.
(D) As a condition of participation in the pilot program, a
nursing home and residential care facility selected by the board
shall pay the participation fee established in rules adopted under
section 4723.69 of the Revised Code. The participation fee is not
reimbursable under the medicaid program established under Chapter
5111. of the Revised Code.
(E) On receipt of evidence found credible by the board that
continued participation by a nursing home or residential care
facility poses an imminent danger, risk of serious harm, or
jeopardy to a resident of the home or facility, the board may
terminate the authority of the home or facility to participate in
the pilot program.
(F)(1) With the assistance of the medication aide advisory
council, the The board shall conduct an evaluation of the pilot
program. In conducting the evaluation, the board shall do all of
the following:
(a) Request from each nursing home and residential care
facility participating in the pilot program, on the ninety-first
day after the day the board issues a medication aide certificate
under section 4723.651 of the Revised Code to the seventy-fifth
individual, the data the board requires participating nursing
homes and residential care facilities to report under rules the
board adopts under section 4723.69 of the Revised Code.
(b) Assess whether medication aides are able to administer
prescription medications safely to nursing home and residential
care facility residents;
(c) Determine the financial implications of using medication
aides in nursing homes and residential care facilities;
(d) Consider any other issue the board or council considers
relevant to the evaluation.
(2) Not later than the one hundred eighty-first day after the
day the board issues a medication aide certificate under section
4723.651 of the Revised Code to the seventy-fifth individual, the
board shall prepare a report of its findings and recommendations
derived from the evaluation of the pilot program. The board shall
submit the report to the governor, president and minority leader
of the senate, speaker and minority leader of the house of
representatives, and director of health.
(G) The board shall, on the day it issues a medication aide
certificate to the seventy-fifth individual, post a notice on its
web site indicating the date on which any nursing home or
residential care facility may use medication aides in accordance
with section 4723.64 of the Revised Code.
Sec. 4723.69. (A) In consultation with the medication aide
advisory council created under section 4723.62 of the Revised
Code, the The board of nursing shall adopt rules to implement
sections 4723.61 to 4723.68 of the Revised Code. Initial rules
shall be adopted not later than February 1, 2006. All rules
adopted under this section shall be adopted in accordance with
Chapter 119. of the Revised Code.
(B) The rules adopted under this section shall establish or
specify all of the following:
(1) Fees, in an amount sufficient to cover the costs the
board incurs in implementing sections 4723.61 to 4723.68 of the
Revised Code, for participation in the medication aide pilot
program, certification as a medication aide, and approval of a
medication aide training program;
(2) Requirements to obtain a medication aide certificate that
are not otherwise specified in section 4723.651 of the Revised
Code;
(3) Procedures for renewal of medication aide certificates;
(4) The extent to which the board determines that the reasons
for taking disciplinary actions under section 4723.28 of the
Revised Code are applicable reasons for taking disciplinary
actions under section 4723.652 of the Revised Code against an
applicant for or holder of a medication aide certificate;
(5) Standards for approval of peer support programs for the
holders of medication aide certificates;
(6) Standards for medication aide training programs,
including the examination to be administered by the training
program to test an individual's ability to administer prescription
medications safely;
(7) Reasons for denying, revoking, or suspending approval of
a medication aide training program;
(8) Other standards and procedures the board considers
necessary to implement sections 4723.61 to 4723.68 of the Revised
Code.
Sec. 5104.39. (A) The director of job and family services
shall adopt rules in accordance with Chapter 119. of the Revised
Code establishing a procedure for monitoring the expenditures of
county departments of job and family services to ensure that
expenditures do not exceed the available federal and state funds
for publicly funded child care. The department, with the
assistance of the office of budget and management and the child
care advisory council created pursuant to section 5104.08 of the
Revised Code, shall monitor the anticipated future expenditures of
county departments for publicly funded child care and shall
compare those anticipated future expenditures to available federal
and state funds for publicly funded child care. Whenever the
department determines that the anticipated future expenditures of
the county departments will exceed the available federal and state
funds for publicly funded child care and the department reimburses
the county departments in accordance with rules adopted under
section 5104.42 of the Revised Code, the department shall promptly
notify the county departments and, before the available state and
federal funds are used, the director shall issue and implement an
administrative order that shall specify both of the following:
(1) Priorities for expending the remaining available federal
and state funds for publicly funded child care;
(2) Instructions and procedures to be used by the county
departments.
(B) The order may do any or all of the following:
(1) Suspend enrollment of all new participants in any program
of publicly funded child care;
(2) Limit enrollment of new participants to those with
incomes at or below a specified percentage of the federal poverty
line;
(3) Disenroll existing participants with income above a
specified percentage of the federal poverty line.
(C) Each county department shall comply with the order no
later than thirty days after it is issued. If the department fails
to notify the county departments and to implement the reallocation
priorities specified in the order before the available federal and
state funds for publicly funded child care are used, the state
department shall provide sufficient funds to the county
departments for publicly funded child care to enable each county
department to pay for all publicly funded child care that was
provided by providers pursuant to contract prior to the date that
the county department received notice under this section and the
state department implemented in that county the priorities.
(D) If after issuing an order under this section to suspend
or limit enrollment of new participants or disenroll existing
participants the department determines that available state and
federal funds for publicly funded child care exceed the
anticipated future expenditures of the county departments, the
director may issue and implement another administrative order
increasing income eligibility levels to a specified percentage of
the federal poverty line. The order shall include instructions and
procedures to be used by the county departments. Each county
department shall comply with the order not later than thirty days
after it is issued.
(E) The department of job and family services shall do all of
the following:
(1) Conduct a quarterly evaluation of the program of publicly
funded child care that is operated pursuant to sections 5104.30 to
5104.39 of the Revised Code;
(2) Prepare reports based upon the evaluations that specify
for each county the number of participants and amount of
expenditures;
(3) Provide copies of the reports to both houses of the
general assembly and, on request, to interested parties.
Sec. 5123.093. The citizen's advisory councils established
under section 5123.092 of the Revised Code shall:
(A) Transmit verbal or written information from any person or
organization associated with the institution or within the
community, that an advisory council considers important, to the
joint council on developmental disabilities created by section
101.37 of the Revised Code and the director of developmental
disabilities;
(B) Review the records of all applicants to any unclassified
position at the institution, except for resident physician
positions filled under section 5123.11 of the Revised Code;
(C) Review and evaluate institutional employee training and
continuing education programs;
(D) On or before the thirty-first day of January of each
year, submit a written report to the joint council on
developmental disabilities and the director of developmental
disabilities regarding matters affecting the institution
including, but not limited to, allegations of dehumanizing
practices and violations of individual or legal rights;
(E) Review institutional budgets, programs, services, and
planning;
(F) Develop and maintain relationships within the community
with community mental retardation and developmental disabilities
organizations;
(G) Participate in the formulation of the institution's
objectives, administrative procedures, program philosophy, and
long range goals;
(H) Bring any matter that an advisory council considers
important to the attention of the joint council on developmental
disabilities and the director of developmental disabilities;
(I) Recommend to the director of developmental disabilities
persons for appointment to citizen's advisory councils;
(J) Adopt any rules or procedures necessary to carry out this
section.
The chairperson of the advisory council or the chairperson's
designee shall be notified within twenty-four hours of any alleged
incident of abuse to a resident or staff member by anyone.
Incidents of resident or staff abuse shall include, but not be
limited to, sudden deaths, accidents, suicides, attempted
suicides, injury caused by other persons, alleged criminal acts,
errors in prescribing or administering medication, theft from
clients, fires, epidemic disease, administering unprescribed
drugs, unauthorized use of restraint, withholding of information
concerning alleged abuse, neglect, or any deprivation of rights as
defined in Chapter 5122. or 5123. of the Revised Code.
Sec. 6161.021. (A) In addition to the duties set forth in
section 6161.01 of the Revised Code, the great lakes commission
from this state shall do all of the following:
(1) Ensure the coordination of state and local policies and
programs pertaining to Lake Erie water quality, toxic pollution
control, and resource protection;
(2) Review, and make recommendations concerning, the
development and implementation of policies, programs, and issues
for long-term, comprehensive protection of Lake Erie water
resources and water quality that are consistent with the great
lakes water quality agreement and the great lakes toxic substances
control agreement;
(3) Recommend policies and programs to modify the coastal
management program of this state;
(4) At each regular meeting, consider matters relating to the
implementation of sections 6161.04 and 6161.05 of the Revised
Code;
(5) Publish and submit the Lake Erie protection agenda in
accordance with division (C) of section 6161.05 of the Revised
Code;
(6) Ensure the implementation of a basinwide approach to Lake
Erie issues;
(7) Increase representation of the interests of this state in
state, regional, national, and international forums pertaining to
the resources and water quality of Lake Erie and the Lake Erie
basin;
(8) Promote education concerning the wise management of the
resources of Lake Erie;
(9) Establish public advisory councils as considered
necessary to assist in programs established under this section and
sections 6161.04 and 6161.05 of the Revised Code. Members of the
public advisory councils shall represent a broad cross section of
interests, shall have experience or expertise in the subject for
which the advisory council was established, and shall serve
without compensation.
(10) Prepare and submit the report required under division
(D) of section 6161.05 of the Revised Code.
(11) Advise the director of natural resources on carrying out
the director's duties under Chapter 1506. of the Revised Code,
including, without limitation, implementation of the coastal
management program;
(12) Recommend to the director of natural resources such
policies and legislation as are necessary to preserve, protect,
develop, and restore or enhance the coastal resources of this
state;
(13) Review and make recommendations to the director of
natural resources on the development of policies, plans, and
programs for long-term, comprehensive coastal resource management,
including, without limitation, the coastal management program
document adopted under division (A)(1) of section 1506.02 of the
Revised Code;
(14) Recommend to the director of natural resources ways to
enhance cooperation among governmental agencies, including,
without limitation, state agencies, having an interest in coastal
management and to encourage wise use and protection of the state's
coastal resources. The commission may request information and
other assistance from those government agencies for this purpose.
(B) Each state agency, upon the request of the commission,
shall cooperate in the implementation of this section and sections
6161.04 and 6161.05 of the Revised Code.
Sec. 1506.22 6161.04. (A) Except as provided in division (B)
of this section, the state agency whose director has been
designated to administer the Lake Erie protection fund under
section 1506.23 6161.05 of the Revised Code is hereby designated
the lead agency for the implementation in this state of the
purposes of the great lakes protection fund, a regional trust fund
established by the great lakes states to advance the principles,
goals, and objectives of the great lakes toxic substances control
agreement and the great lakes water quality agreement, as they may
be revised and amended.
(B) The governor shall appoint two members from this state to
the board of directors of the great lakes protection fund as
provided in the bylaws and articles of incorporation of the fund.
Of the initial appointments made to the board, one shall serve for
a term of one year and one shall serve for a term of two years;
thereafter, the members of the board of directors from this state
shall serve for terms of two years. The governor may remove any
member at any time as provided in the bylaws and articles of
incorporation of the fund. In the event of a vacancy, the governor
shall appoint a successor to 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.
Membership on the board does not constitute holding a public
office or position of employment under the laws of this state and
is not grounds for removal of public officers or employees from
their offices or positions of employment.
Members of the board from this state shall receive no
compensation, but shall be reimbursed for their actual and
necessary expenses incurred in the performance of their official
duties.
Sec. 1506.23 6161.05. (A) There is hereby created in the
state treasury the Lake Erie protection fund, which shall consist
of moneys deposited into the fund from the issuance of Lake Erie
license plates under section 4503.52 of the Revised Code and
donations, gifts, bequests, and other moneys received for the
purposes of this section. Not later than the first day of June
each year, the Ohio Lake Erie great lakes state commission created
in section 1506.21 6161.02 of the Revised Code shall designate one
of its members the director of environmental protection, natural
resources, health, agriculture, or transportation to administer
the fund and, with the approval of the commission, to expend
moneys from the fund for any of the following purposes:
(1) Accelerating the pace of research into the economic,
environmental, and human health effects of contamination of Lake
Erie and its tributaries;
(2) Funding cooperative research and data collection
regarding Lake Erie water quality and toxic contamination;
(3) Developing improved methods of measuring water quality
and establishing a firm scientific base for implementing a
basinwide system of water quality management for Lake Erie and its
tributaries;
(4) Supporting research to improve the scientific knowledge
on which protection policies are based and devising new and
innovative clean-up techniques for toxic contaminants;
(5) Supplementing, in a stable and predictable manner, state
commitments to policies and programs pertaining to Lake Erie water
quality and resource protection;
(6) Encouraging cooperation with and among leaders from state
legislatures, state agencies, political subdivisions, business and
industry, labor, institutions of higher education, environmental
organizations, and conservation groups within the Lake Erie basin;
(7) Awarding of grants to any agency of the United States,
any state agency, as "agency" is defined in division (A)(2) of
section 111.15 of the Revised Code, any political subdivision, any
educational institution, or any nonprofit organization for the
development and implementation of projects and programs that are
designed to protect Lake Erie by reducing toxic contamination of
or improving water quality in Lake Erie;
(8) Expenses authorized by the Ohio Lake Erie great lakes
state commission necessary to implement this chapter.
(B) Moneys in the Lake Erie protection fund are not intended
to replace other moneys expended by any agency of the United
States, any state agency, as "agency" is so defined, any political
subdivision, any educational institution, or any nonprofit
organization for projects and programs that are designed to
protect Lake Erie by reducing toxic contamination of or improving
water quality in Lake Erie.
(C) Each March, the Ohio Lake Erie great lakes state
commission shall publish a Lake Erie protection agenda that
describes proposed uses of the Lake Erie protection fund for the
following state fiscal year. The agenda shall be the subject of at
least one public meeting of the commission held in the Lake Erie
basin. The commission shall submit the agenda to the governor, the
president of the senate, and the speaker of the house of
representatives.
(D) Not later than September 1, 1991, and annually
thereafter, the Lake Erie great lakes state commission shall
prepare a report of the activities that were undertaken by the
commission under this section during the immediately preceding
fiscal year, including, without limitation, revenues and expenses
for the preceding fiscal year. The commission shall submit the
report to the governor, the president of the senate, and the
speaker of the house of representatives.
Sec. 1506.24 6161.06. (A) There is hereby created in the
state treasury the Lake Erie resources fund, which shall consist
of moneys awarded to the state from the great lakes protection
fund and donations, gifts, bequests, and other moneys received for
the purposes of this section. Not later than the first day of June
each year, the Ohio Lake Erie great lakes state commission created
in section 1506.21 6161.02 of the Revised Code shall designate one
of its members the director of environmental protection, natural
resources, health, agriculture, or transportation to administer
the fund and, with the approval of the commission, to expend
moneys from the fund for any of the following purposes:
(1) Accelerating the pace of research into the economic,
environmental, and human health effects of contamination of Lake
Erie and its tributaries;
(2) Funding cooperative research and data collection
regarding Lake Erie water quality and toxic contamination;
(3) Developing improved methods of measuring water quality
and establishing a firm scientific base for implementing a
basinwide system of water quality management for Lake Erie and its
tributaries;
(4) Supporting research to improve the scientific knowledge
on which protection policies are based and devising new and
innovative clean-up techniques for toxic contaminants;
(5) Supplementing, in a stable and predictable manner, state
commitments to policies and programs pertaining to Lake Erie water
quality and resource protection;
(6) Encouraging cooperation with and among leaders from state
legislatures, state agencies, political subdivisions, business and
industry, labor, institutions of higher education, environmental
organizations, and conservation groups within the Lake Erie basin;
(7) Awarding of grants to any agency of the United States,
any state agency, as "agency" is defined in division (A)(2) of
section 111.15 of the Revised Code, any political subdivision, any
educational institution, or any nonprofit organization for the
development and implementation of projects and programs that are
designed to protect Lake Erie by reducing toxic contamination of
or improving water quality in Lake Erie;
(8) Expenses authorized by the Ohio Lake Erie great lakes
state commission necessary to implement this chapter.
(B) Moneys in the Lake Erie resources fund are not intended
to replace other moneys expended by any agency of the United
States, any state agency, as "agency" is so defined, any political
subdivision, any educational institution, or any nonprofit
organization for projects and programs that are designed to
protect Lake Erie by reducing toxic contamination of or improving
water quality in Lake Erie.
(C) Each March, the Ohio Lake Erie great lakes state
commission shall publish a Lake Erie protection agenda that
describes proposed uses of the Lake Erie resources fund for the
following state fiscal year. The agenda shall be the subject of at
least one public meeting of the commission held in the Lake Erie
basin. The commission shall submit the agenda to the governor, the
president of the senate, and the speaker of the house of
representatives.
(D) Annually the Lake Erie great lakes state commission shall
prepare a report of the activities that were undertaken by the
commission under this section during the immediately preceding
fiscal year, including, without limitation, revenues and expenses
for the preceding fiscal year. The commission shall submit the
report to the governor, the president of the senate, and the
speaker of the house of representatives.
Section 2. That existing sections 101.83, 101.84, 101.85,
101.86, 109.91, 121.084, 121.32, 127.14, 149.304, 173.03, 173.04,
901.90, 1349.71, 1506.22, 1506.23, 1506.24, 3301.90, 3302.021,
3302.10, 3311.71, 3312.01, 3312.09, 3313.6013, 3335.27, 3345.062,
3701.025, 3701.63, 3705.35, 3705.36, 3718.03, 3727.311, 3727.312,
3737.03, 3737.21, 3737.81, 3737.86, 3737.88, 3743.54, 3746.04,
3769.083, 3769.085, 3769.086, 4121.03, 4121.121, 4121.77,
4123.341, 4123.342, 4123.35, 4169.02, 4169.03, 4169.04, 4169.05,
4169.06, 4503.52, 4503.77, 4723.61, 4723.63, 4723.69, 5104.39, and
5123.093 and sections 101.37,
122.98,
122.981,
125.833,
184.23,
184.231,
1501.25,
1733.329,
1733.3210, 2151.282,
2323.44, 3312.11, 3312.12, 3319.70,
3319.71,
3701.92, 3702.92,
3746.03,
3769.084,
4121.79,
4501.025,
4723.62,
4723.621,
4981.35, 5104.08,
5111.710, and
5902.15 of the Revised Code are
hereby repealed.
Section 3. The following agencies shall be retained pursuant
to division (D) of section 101.83 of the Revised Code and shall
expire on December 31, 2016:
AGENCY NAME |
|
REVISED CODE OR UNCODIFIED SECTION |
Academic Distress Commission |
|
3302.10 |
Advisory Board of Governor's Office of Faith-Based and Community Initiatives |
|
107.12 |
Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence |
|
3323.33, 3323.34 |
Advisory Council on Amusement Ride Safety |
|
1711.51, 1711.52 |
Advisory Council of Directors for Prison Labor |
|
5145.162 |
Advisory Council for Wild, Scenic, or Recreational River Area(s) |
|
1547.84 |
Advisory Committee on Livestock Exhibitions |
|
901.71 |
Agricultural Commodity Marketing Programs Operating Committees |
|
924.07 |
Agricultural Commodity Marketing Programs Coordinating Committee |
|
924.14 |
Alternative Energy Advisory Committee |
|
4928.64(D) |
AMBER Alert Advisory Committee |
|
5502.521 |
Apprenticeship Council |
|
Chapter 4139. |
Armory Board of Control |
|
5911.09, 5911.12 |
Automated Title Processing Board |
|
4505.09(C)(1) |
Backflow Advisory Board |
|
3703.21 |
Banking Commission |
|
1123.01 |
Board of Directors of the Great Lakes Protection Fund |
|
1506.22 (6161.04) |
Board of Directors of the Medical Liability Underwriting Association Stabilization Fund |
|
3929.631 |
Board of Directors of the Ohio Appalachian Center for Higher Education |
|
3333.58 |
Board of Directors of the Ohio Health Reinsurance Program |
|
3924.08 - 3924.11 |
Board of Governors of the Commercial Insurance Joint Underwriting Association |
|
3930.03 |
Board of Governors of the Medical Liability Underwriting Association |
|
3929.64 |
Board of Voting Machines Examiners |
|
3506.05 |
Budget Planning and Management Commission |
|
Section 509.10, H.B. 1, 128th G.A. |
Brain Injury Advisory Committee |
|
3304.231 |
Bureau of Workers' Compensation Board of Directors |
|
4121.12 |
Capitol Square Review and Advisory Board |
|
105.41 |
Children's Trust Fund Board |
|
3109.15 - 3109.17 |
Citizen's Advisory Council |
|
5123.092, 5123.093 |
Clean Ohio Trail Advisory Board |
|
1519.06 |
Coastal Resources Advisory Council |
|
1506.12 |
Commission on African-American Males |
|
4112.12, 4112.13 |
Commission on Hispanic-Latino Affairs |
|
121.31 |
Commission on Minority Health |
|
3701.78 |
Committee on Prescriptive Governance |
|
4723.49 - 4723.492 |
Commodity Advisory Commission |
|
926.32 |
Consumer Advisory Committee to the Rehabilitation Services Commission |
|
3304.24 |
Credential Review Board |
|
3319.65 |
Consumer Finance Education Board |
|
1349.71, 1349.72 |
Continuing Education Committee |
|
109.80(B) |
Council on Alcohol and Drug Addiction Services |
|
3793.09 |
Council on Unreclaimed Strip Mined Lands |
|
1513.29 |
County Sheriff's Standard Car Marking and Uniform Commission |
|
311.25 - 311.27 |
Credit Union Council |
|
1733.329 |
Criminal Sentencing Advisory Committee |
|
181.22 |
Data Collection and Analysis Group |
|
3727.32 |
Dentist Loan Repayment Advisory Board |
|
3702.92 |
Department Advisory Council(s) |
|
107.18, 121.13 |
Developmental Disabilities Developmental Center Closure Commission |
|
5123.032 |
Development Financing Advisory Council |
|
122.40, 122.41 |
Early Childhood Advisory Council |
|
3301.90 |
Education Commission of the States (Interstate Compact for Education) |
|
3301.48, 3301.49 |
Education Management Information System Advisory Board |
|
3301.0713 |
Educator Standards Board |
|
3319.60 |
Electrical Safety Inspector Advisory Committee |
|
3783.08 |
Emergency Response Commission |
|
3750.02 |
Environmental Education Council |
|
3745.21 |
Environmental Protection Agency Advisory Board(s) |
|
121.13, 3704.03, 3745.01 |
eTech Ohio Commission |
|
3353.02 - 3353.04 |
Ex-Offender Reentry Coalition |
|
5120.07 |
Farmland Preservation Advisory Board |
|
901.23 |
Financial Planning and Supervision Commission(s) |
|
118.05 - 118.09 |
Financial Planning and Supervision Commission for (name of school district) |
|
3316.05 - 3316.07 |
Forestry Advisory Council |
|
1503.40 |
Governance Authority for a State University or College |
|
3345.75 |
Governor's Council on People with Disabilities |
|
3303.41 |
Governor's Policy Information Working Group |
|
Section 313, H.B. 420, 127th G.A. |
Governor's Residence Advisory Commission |
|
107.40 |
Grain Marketing Program Operating Committee |
|
924.20 - 924.30 |
Great Lakes State Commission (Great Lakes Basin Compact) |
|
6161.01-6161.02 |
Gubernatorial Transition Committee |
|
107.29, 126.26 |
Help Me Grow Advisory Council |
|
3701.611 |
Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council |
|
3701.0210 |
Homeland Security Advisory Council |
|
5502.011(E) |
Hospital Measures Advisory Council |
|
3727.31 |
Housing Trust Fund Advisory Committee |
|
174.06 |
Industrial Commission Nominating Council |
|
4121.04 |
Industrial Technology and Enterprise Advisory Council |
|
122.29, 122.30 |
Infant Hearing Screening Subcommittee |
|
3701.507 |
Infection Control Group |
|
3727.312(D) |
Insurance Agent Education Advisory Council |
|
3905.483 |
Joint Select Committee on Volume Cap |
|
133.021 |
Labor-Management Government Advisory Council |
|
4121.70 |
Legal Rights Service Commission |
|
5123.60 |
Legislative Programming Committee of the Ohio Government Telecommunications Service |
|
3353.07 |
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research |
|
103.51 |
Maternity and Newborn Advisory Council |
|
3711.20, 3711.21 |
Medicaid Buy-In Advisory Council(s) |
|
5111.708-5111.7011 |
Medically Handicapped Children's Medical Advisory Council |
|
3701.025 |
Midwest Interstate Passenger Rail Compact Commission |
|
4981.36 |
Milk Sanitation Board |
|
917.03 - 917.032 |
Mine Subsidence Insurance Governing Board |
|
3929.51 |
Minority Development Financing Advisory Board |
|
122.72, 122.73 |
National Museum of Afro-American History and Culture Planning Committee |
|
149.303 |
New African Immigrants Commission |
|
4112.31, 4112.32 |
Ohio Accountability Task Force |
|
3302.021(E) |
Ohio Advisory Council for the Aging |
|
173.03 |
Ohio Arts Council |
|
Chapter 3379. |
Ohio Business Gateway Steering Committee |
|
5703.57 |
Ohio Cemetery Dispute Resolution Commission |
|
4767.05, 4767.06 |
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils |
|
4112.04(B)(4) |
Ohio Commercial Market Assistance Plan Executive Committee |
|
3930.02 |
Ohio Commission on Dispute Resolution and Conflict Management |
|
179.02 - 179.04 |
Ohio Community Service Council |
|
121.40 - 121.404 |
Ohio Council for Interstate Adult Offender Supervision |
|
5149.22 |
Ohio Cultural Facilities Commission |
|
Chapter 3383. |
Ohio Developmental Disabilities Council |
|
5123.35 |
Ohio Expositions Commission |
|
991.02 |
Ohio Family and Children First Cabinet Council |
|
121.37 |
Ohio Family and Children First Cabinet Council Advisory Board |
|
121.374 |
Ohio Geographically Referenced Information Program Council |
|
125.901, 125.902 |
Ohio Historic Site Preservation Advisory Board |
|
149.301 |
Ohio Geology Advisory Council |
|
1501.11 |
Ohio Grape Industries Committee |
|
924.51 - 924.55 |
Ohio Historical Society Board of Trustees |
|
149.30 |
Ohio Judicial Conference |
|
105.91 - 105.97 |
Ohio Lake Erie Commission |
|
1506.21 |
Ohio Legislative Commission on the Education and Preservation of State History |
|
Section 701.05, H.B. 1, 128th G.A. |
Ohio Medical Quality Foundation |
|
3701.89 |
Ohio Parks and Recreation Council |
|
1541.40 |
Ohio Peace Officer Training Commission |
|
109.71, 109.72 |
Ohio Private Investigation and Security Services Commission |
|
4749.021 |
Ohio Public Defender Commission |
|
120.01 - 120.03 |
Ohio Public Library Information Network Board of Trustees |
|
3375.65, 3375.66 |
Ohio Small Government Capital Improvements Commission |
|
164.02(C)(D) |
Ohio Soil and Water Conservation Commission |
|
1515.02 |
Ohio Steel Industry Advisory Council |
|
122.97, 122.971 |
Ohio Transportation Finance Commission |
|
5531.12(B) to (D) |
Ohio Tuition Trust Authority |
|
3334.03, 3334.08 |
Ohio University College of Osteopathic Medicine Advisory Committee |
|
3337.10, 3337.11 |
Ohio Vendors Representative Committee |
|
3304.34, 20 USC 107 |
Ohio War Orphans Scholarship Board |
|
5910.02 - 5910.06 |
Ohio Water Advisory Council |
|
1521.031 |
Ohio Water Resources Council Advisory Group |
|
1521.19 |
Ohio Water Resources Council |
|
1521.19 |
Ohioana Library Association, Martha Kinney Cooper Memorial, Board of Trustees |
|
3375.61, 3375.62 |
Oil and Gas Commission |
|
1509.35 |
Organized Crime Investigations Commission |
|
177.01 |
Pharmacy and Therapeutics Committee of the Department of Job and Family Services |
|
5111.084 |
Physician Assistant Policy Committee of the State Medical Board |
|
4730.05, 4730.06 |
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 Health Council |
|
3701.33, 3701.34 |
Public Schools Health Care Advisory Committee |
|
9.901 |
Public Utilities Commission Nominating Council |
|
4901.021 |
Public Utility Property Tax Study Committee |
|
5727.85(K) |
Radiation Advisory Council |
|
3748.20 |
Reclamation Commission |
|
1513.05 |
Reclamation Forfeiture Fund Advisory Board |
|
1513.182 |
Recreation and Resources Commission |
|
1501.04 |
Recycling and Litter Prevention Advisory Council |
|
1502.04 |
School and Ministerial Lands Divestiture Committee |
|
501.041 |
Savings and Loan Association and Savings Banks Board |
|
1181.16 |
School Employees Health Care Board |
|
9.901 |
School Funding Advisory Council |
|
3306.29 |
Second Chance Trust Fund Advisory Committee |
|
2108.35 |
Service Coordination Workgroup |
|
Section 751.20, H.B. 1, 128th G.A. |
Small Business Stationary Source Technical and Environmental Compliance Assistance Council |
|
3704.19 |
Solid Waste Management Advisory Council |
|
3734.51 |
Special Commission to Consider the Suspension of Local Government Officials |
|
3.16 |
Speed to Scale Task Force |
|
Section 375.60.80, H.B. 119, 128th G.A. |
State Agency Coordinating Group |
|
1521.19 |
State Audit Committee |
|
126.46 |
State Council of Uniform State Laws |
|
105.21 - 105.27 |
State Criminal Sentencing Commission |
|
181.21 - 181.26 |
State Fire Commission |
|
3737.81 |
State Library Board |
|
3375.01 |
State Victims Assistance Advisory Committee |
|
109.91(B) and (C) |
Statewide Consortium of County Law Library Resource Boards |
|
3375.481 |
STEM Committee |
|
3326.02 |
Student Tuition Recovery Authority |
|
3332.081 |
Sunset Review Committee |
|
101.84 - 101.87 |
Tax Credit Authority |
|
122.17(M) |
Technical Advisory Committee to Assist Director of the Ohio Coal Development Office |
|
1551.35 |
Technical Advisory Council on Oil and Gas |
|
1509.38 |
Transportation Review Advisory Council |
|
5512.07 - 5512.09 |
Unemployment Compensation Advisory Council |
|
4141.08 |
Unemployment Compensation Review Commission |
|
4141.06 |
Unified Long-Term Care Budget Work group |
|
Section 209.40, Am. Sub. H.B. 1, 128th G.A. |
Veterans Advisory Committee |
|
5902.02(K) |
Volunteer Fire Fighters' Dependents Fund Boards (private volunteer) |
|
146.02 - 146.06 |
Volunteer Fire Fighters' Dependents Fund Boards (public) |
|
146.02 - 146.06 |
Water and Sewer Commission |
|
1525.11(C) |
Waterways Safety Council |
|
1547.73 |
Wildlife Council |
|
1531.03 - 1531.05 |
Workers' Compensation Board of Directors Nominating Committee |
|
4121.123 |
Section 4. That sections 101.82, 101.83, 101.84, 101.85,
101.86, and 101.87 of the Revised Code are hereby repealed on
December 31, 2016.
Section 4.01. That section 101.38 of the Revised Code is
hereby repealed on December 31, 2011.
Section 4.10. That Section 20 of Am. Sub. H.B. 554 of the
127th General Assembly be amended to read as follows:
Sec. 20. The amendments to section 184.02 that add the cross
references to sections 184.25 and 184.26 and enactments of
sections 184.23, 184.231, 184.24, 184.25, and 184.26 of the
Revised Code are hereby repealed, effective June 30, 2011.
Section 4.11. That existing Section 20 of Am. Sub. H.B. 554
of the 127th General Assembly is hereby repealed.
Section 4.12. The intent of the repeal of sections 184.23 and
184.231 of the Revised Code and the amendment of Section 20 of Am.
Sub. H.B. 554 of the 127th General Assembly is to extinguish
sections 184.23 and 184.231 of the Revised Code on the effective
date of this act.
Section 4.25. That Section 15.02 of Am. Sub. H.B. 640 of the
123rd General Assembly be amended to read as follows:
Sec. 15.02. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
CAP-773 |
|
Governor's Residence Renovations |
|
$ |
81,963 |
CAP-824 |
|
State Real Estate Inventory Program |
|
$ |
400,000 |
CAP-826 |
|
Surface Road Building Renovations |
|
$ |
557,500 |
CAP-827 |
|
Statewide Communications System |
|
$ |
130,614,500 |
CAP-835 |
|
Energy Conservation Projects |
|
$ |
2,750,000 |
CAP-850 |
|
Renovation of Old ODOT Building |
|
$ |
590,580 |
CAP-852 |
|
North High Building Complex Renovations |
|
$ |
7,000,000 |
CAP-855 |
|
Office Space Planning |
|
$ |
150,000 |
CAP-856 |
|
Governor's Residence Security Upgrade |
|
$ |
206,700 |
CAP-858 |
|
Lausche Building Improvements Planning |
|
$ |
50,000 |
CAP-861 |
|
Facilities Master Plan State Schools for the Blind and Deaf |
|
$ |
250,000 |
Total Department of Administrative Services |
|
$ |
142,651,243 |
MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM
There is hereby continued a Multi-Agency Radio Communications
System (MARCS) Steering Committee consisting of the designees of
the Directors of Administrative Services, Public Safety, Natural
Resources, Transportation, Rehabilitation and Correction, and
Budget and Management. The Director of Administrative Services or
the director's designee shall chair the committee. The committee
shall provide assistance to the Director of Administrative
Services for effective and efficient implementation of the MARCS
system as well as develop policies for the ongoing management of
the system. Upon dates prescribed by the Directors of
Administrative Services and Budget and Management, the MARCS
Steering Committee shall report to the directors as to the
progress of MARCS implementation and the development of policies
related to the system.
The foregoing appropriation item CAP-827, Statewide
Communications System, shall be used to purchase or construct the
components of the Multi-Agency Radio Communications System (MARCS)
that are not specific to any one agency. The equipment may
include, but is not limited to, multi-agency equipment at the
Emergency Operations Center/Joint Dispatch Facility, computer and
telecommunication equipment used for the functioning and
integration of the system, communications towers, tower sites, and
tower equipment, and linkages among towers and between towers and
the State of Ohio Network for Integrated Communication (SONIC)
system. The Director of Administrative Services shall, with the
concurrence of the MARCS Steering Committee, determine the
specific use of funds.
Spending from this appropriation item shall not be subject to
the requirements of Chapters 123. and 153. of the Revised Code.
ENERGY CONSERVATION PROJECTS
The foregoing appropriation item CAP-835, Energy Conservation
Projects, shall be used to perform energy conservation
renovations, including the United States Environmental Protection
Agency's Greenlights Program, in state-owned facilities. Prior to
the release of funds for renovation, state agencies shall have
performed a comprehensive energy audit for each project. The
Department of Administrative Services shall review and approve
proposals from state agencies to use these funds for energy
conservation.
Public school districts and state-supported and
state-assisted institutions of higher education are not eligible
for funding from this item.
FACILITIES MASTER PLAN FOR THE STATE SCHOOLS FOR THE BLIND
AND DEAF
The foregoing appropriation item CAP-861, Facilities Master
Plan for the State Schools for the Blind and Deaf, shall be used
by the Department of Administrative Services to prepare a
facilities master plan for the Ohio State School for the Deaf and
the Ohio State School for the Blind. The master plan shall be
completed before June 30, 2001, and shall be submitted to the
Governor and the General Assembly.
Section 4.26. That existing Section 15.02 of Am. Sub. H.B.
640 of the 123rd General Assembly is hereby repealed.
Section 5.01. That Section 203 of Am. Sub. H.B. 15 of the
128th General Assembly be amended to read as follows:
Sec. 203. WCC WORKERS' COMPENSATION COUNCIL
5FV0 |
321600 |
|
Remuneration Expenses |
|
$ |
471,200 |
|
$ |
471,200 0 |
TOTAL 5FV0 Workers' Compensation Council Remuneration Fund
|
|
$ |
471,200 |
|
$ |
471,200 0 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
471,200 |
|
$ |
471,200 0 |
WORKERS' COMPENSATION COUNCIL
The foregoing appropriation item 321600, Remuneration
Expenses, shall be used to pay the payroll and fringe benefit
costs for employees of the Workers' Compensation Council.
Between July 1, 2009, and December 31, 2009, the
Administrator of Workers' Compensation shall direct the Treasurer
of State to transfer $325,000 in cash from the Workers'
Compensation Fund (Fund 7023) to the Workers' Compensation Council
Fund, created in division (C) of section 4121.79 of the Revised
Code, in three installments. These transfers shall be made
according to a schedule agreed to by the Director of the Workers'
Compensation Council and the Administrator of Workers'
Compensation.
If the Workers' Compensation Council contracts with an
independent actuary to have that actuary perform an actuarial
valuation as described in division (A)(1) of Section 512.45 of Am.
Sub. H.B. 100 of the 127th General Assembly as amended by this
act, or a review as described in division (A)(2), (3), or (4) of
Section 512.45 of Am. Sub. H.B. 100 of the 127th General Assembly
as amended by this act, on or before January 31, 2011, the
Director of the Workers' Compensation Council shall request the
funds necessary to cover the expenses of the valuation or review,
which amount shall not exceed $650,000, from the Administrator of
Workers' Compensation. The Administrator shall direct the
Treasurer of State to transfer the amount requested by the
Director from the Workers' Compensation Fund (Fund 7023) to the
Workers' Compensation Council Fund created in division (C) of
section 4121.79 of the Revised Code. The Director and
Administrator shall agree to a schedule for the transfer of these
funds.
(A) The General Assembly shall review the Workers'
Compensation Council and its funding.
(B) On the effective date of this amendment, or as soon as
possible thereafter, the Director of Budget and Management shall
transfer the remaining unencumbered cash balance in the Workers'
Compensation Council Remuneration Fund (Fund 5FV0) to the Workers'
Compensation Fund (Fund 7023). Upon completion of the transfer,
the Workers' Compensation Council Remuneration Fund is abolished.
(C)(1) On the effective date of this amendment, or as soon as
possible thereafter, the Treasurer of State shall transfer the
remaining unencumbered cash balance in the Workers' Compensation
Council Fund created in division (C) of section 4121.79 of the
Revised Code to Fund 7023. Upon completion of the transfer, the
Workers' Compensation Council Fund is abolished.
(2) As soon as possible after the Workers' Compensation
Council Fund has been abolished, the Administrator of Workers'
Compensation shall refund to employers any such unexpended,
unencumbered amounts that were originally collected as an
assessment for costs attributable to the activities of the
Workers' Compensation Council.
Section 5.02. That existing Section 203 of Am. Sub. H.B. 15
of the 128th General Assembly is hereby repealed.
Section 5.05. That Section 513.03 of Am. Sub. H.B. 66 of the
126th General Assembly, as amended by Am. Sub. H.B. 100 of the
126th General Assembly, be amended to read as follows:
Sec. 513.03. (A) Notwithstanding any provision of law to the
contrary and during the period beginning July 1, 2005, and ending
May 1, 2006, or the effective date of H.B. 397 of the 126th
General Assembly, whichever is earlier, the Director of
Environmental Protection or a board of health as defined in
section 3714.01 of the Revised Code shall not issue a license to
open a new construction and demolition debris facility under
Chapter 3714. of the Revised Code and rules adopted under it.
Except as otherwise provided in this division, the moratorium
established by this division applies both with respect to an
application for a license to open a new construction and
demolition debris facility that is submitted on or after the
effective date of this section and to an application for such a
license that has been submitted to the Director or a board of
health prior to the effective date of this section, but concerning
which a license for a facility has not been issued as of that
effective date.
The board of county commissioners of a county may request the
Director or a board of health to continue to process an
application for a license to open a new construction and
demolition debris facility in that county that has been submitted
to the Director or board of health prior to the effective date of
this section. After receiving such a request from a board of
county commissioners, the Director or board of health may then
issue a license for the new construction and demolition debris
facility notwithstanding the moratorium established by this
division.
The moratorium established by this division does not apply to
a license for a new construction and demolition debris facility if
the new facility will be located adjacent or contiguous to a
previously licensed construction and demolition debris facility.
The moratorium also does not apply to an expansion of or other
modification to an existing licensed construction and demolition
debris facility.
(B) The moratorium established by division (A) of this
section does not apply to an application for a license to
establish a construction and demolition debris facility pending
before a board of health or the Director of Environmental
Protection, as applicable, prior to July 1, 2005, and such an
application shall be reviewed and the license shall be issued or
denied in accordance with Chapter 3714. of the Revised Code, if
all of the following apply to the applicant for the license:
(1) The applicant has acquired an interest in the property on
which the facility will be located on or before May 1, 2005.
(2) The applicant has begun a hydrogeologic investigation
pursuant to section 3745-400-09 of the Ohio Administrative Code
prior to submitting the application.
(3) The applicant has begun the engineering plans for the
facility prior to submitting the application.
(4) The application submitted by the applicant would have
been determined to be complete if the moratorium had not been in
effect.
The director shall determine whether this division applies to
an applicant within forty-five days after receiving an applicant's
request for a determination under this division.
(C)(1) There is hereby created the Construction and
Demolition Debris Facility Study Committee composed of the
following thirteen members:
(a) Three members of the House of Representatives appointed
by the Speaker of the House of Representatives;
(b) Three members of the Senate appointed by the President of
the Senate;
(c) The Director of Environmental Protection or the
Director's designee;
(d) One member representing health districts in the state
appointed by the Governor;
(e) Three members representing the construction and
demolition debris industry in the state appointed by the Governor,
one of whom shall be the owner of both a construction and
demolition debris facility and a solid waste disposal facility;
(f) Two members representing environmental consulting
organizations or firms in the state appointed by the Governor.
Appointments shall be made to the Committee not later than
fifteen days after the effective date of this section. Members of
the Committee shall not receive compensation for their service on
the Committee and shall not receive reimbursement for expenses
incurred related to that service.
(2) The Committee shall study the laws of this state
governing construction and demolition debris facilities and the
rules adopted under those laws and shall make recommendations to
the General Assembly regarding changes to those laws including,
but not limited to, recommendations concerning the following
topics:
(a) The establishment of a code of ethics for owners and
operators of construction and demolition debris facilities;
(b) The establishment of best management practices;
(c) Licensing requirements;
(d) Testing and monitoring requirements and protocols;
(e) Siting and setback criteria for construction and
demolition debris facilities;
(f) State and local oversight and regulatory authority;
(h) The regulation of construction and demolition debris from
sources inside and outside the state;
(i) The closure process for construction and demolition
debris facilities.
(3) The Committee shall submit a report of its study and any
recommendations that it has developed to the General Assembly not
later than September 30, 2005. The Committee shall cease to exist
on the date on which it submits its report.
The General Assembly shall enact legislation based on the
recommendations of the Committee as soon as is practicable.
Section 5.06. That existing Section 513.03 of Am. Sub. H.B.
66 of the 126th General Assembly, as amended by Am. Sub. H.B. 100
of the 126th General Assembly is hereby repealed.
Section 6. That Section 6 of Am. Sub. H.B. 516 of the 125th
General Assembly is repealed.
This repeal prevents the repeal of sections 101.82, 101.83,
101.84, 101.85, 101.86, and 101.87 of the Revised Code that was to
be effective on December 31, 2010, and thereby removes this
limitation upon the continued existence of sections 101.82 and
101.87 of the Revised Code and upon the continued existence of
sections 101.83, 101.84, 101.85, and 101.86 of the Revised Code as
presented in Section 1 of this act. The rule of construction that
the repeal of a repealing act does not revive the statute
repealed, which is reflected in section 1.57 of the Revised Code,
does not affect the intent of this section.
Section 7. The following Sections are repealed:
Sections 265.70.20, 309.40.70, and 751.13 of Am. Sub. H.B. 1
of the 128th General Assembly
Sections 755.40, 755.80, and 756.40 of Am. Sub. H.B. 2 of the
128th General Assembly
Section 3 of Sub. H.B. 7 of the 127th General Assembly
Section 555.17 of Am. Sub. H.B. 67 of the 127th General
Assembly
Sections 263.30.30, 337.20.20, 377.20, 737.11, and 737.12 of
Am. Sub. H.B. 119 of the 127th General Assembly
Sections 6 and 7 of Sub. H.B. 125 of the 127th General
Assembly
Section 2 of Sub. H.B. 233 of the 127th General Assembly
Section 3 of Am. H.B. 416 of the 127th General Assembly
Sections 703.30 and 715.50 of Am. Sub. H.B. 562 of the 127th
General Assembly
Section 512.45 of Am. Sub. H.B. 100 of the 127th General
Assembly as amended by Am. Sub. H.B. 15 of the 128th General
Assembly
Section 4 of Am. Sub. S.B. 77 of the 127th General Assembly
Sections 206.10.12, 206.42.12, 206.66.24, 206.66.43,
209.63.58, 503.09, 503.12, and 560.03 of Am. Sub. H.B. 66 of the
126th General Assembly
Sections 3 and 4 of Sub. H.B. 187 of the 126th General
Assembly
Section 1 of Sub. H.B. 371 of the 126th General Assembly
Section 235.60.70 of Am. Sub. H.B. 699 of the 126th General
Assembly
Section 3 of Am. Sub. S.B. 167 of the 126th General Assembly
Section 5 of Am. Sub. S.B. 260 of the 126th General Assembly
Section 3 of Am. Sub. S.B. 311 of the 126th General Assembly
Section 3 of Sub. S.B. 393 of the 126th General Assembly
Sections 12 and 25 of Am. Sub. H.B. 87 of the 125th General
Assembly
Sections 41.35 and 153 of Am. Sub. H.B. 95 of the 125th
General Assembly
Section 3 of Sub. H.B. 204 of the 125th General Assembly
Section 8 of Sub. H.B. 299 of the 125th General Assembly
Section 3 of Am. Sub. S.B. 86 of the 125th General Assembly
Section 5 of Sub. H.B. 57 of the 124th General Assembly
Section 3 of Am. Sub. H.B. 474 of the 124th General Assembly
Section 4 of Am. Sub. S.B. 281 of the 124th General Assembly
Section 701.20 of Am. Sub. H.B. 562 of the 127th General
Assembly, as amended by Am. Sub. H.B. 1 of the 128th General
Assembly
Section 206.66.53 of Am. Sub. H.B. 66 of the 126th General
Assembly, as amended by S.B. 87 of the 126th General Assembly
Section 6 of Sub. H.B. 336 of the 126th General Assembly, as
amended by Am. Sub. S.B. 155 of the 127th General Assembly
Section 755.03 of Am. Sub. H.B. 530 of the 126th General
Assembly, as amended by Am. Sub. H.B. 67 of the 127th General
Assembly
Section 6 of Am. Sub. S.B. 238 of the 126th General Assembly,
as amended by Am. Sub. H.B. 461 of the 126th General Assembly
Section 8 of Am. Sub. S.B. 311 of the 126th General Assembly,
as amended by H.B. 190 of the 127th General Assembly
Section 152 of Am. Sub. H.B. 95 of the 125th General
Assembly, as amended by Am. Sub. S.B. 2 of the 125th General
Assembly
Section 59.29 of Am. Sub. H.B. 95 of the 125th General
Assembly, as amended by Am. Sub. S.B. 189 of the 125th General
Assembly
Section 69 of H.B. 117 of the 121st General Assembly, as
amended by H.B. 284 of the 121st General Assembly
Section 7.01. Section 3 of Am. H.B. 416 of the 127th General
Assembly is hereby repealed, effective September 8, 2010.
Section 7.02. Section 709.10 of Am. Sub. H.B. 1 of the 128th
General Assembly is hereby repealed, effective September 30, 2010.
Section 8. (A) It is in part the intent of the General
Assembly in enacting this act to implement the report of the
Sunset Review Committee that was created by Am. Sub. H.B. 516 of
the 125th General Assembly. That report is implemented in part as
follows:
(1) By the abolishment in this act, through amendments to
relevant codified sections of law and through outright repeals of
codified or uncodified sections of law, of numerous agencies, as
defined in section 101.82 of the Revised Code, that were subject
to the Committee's jurisdiction;
(2) By the termination, through amendments to relevant
codified sections of law and through outright repeals of codified
or uncodified sections of law, of several agencies, as defined in
section 101.82 of the Revised Code, that were subject to the
Committee's jurisdiction;
(3) By the transfer, through the amendment or enactment of
codified or uncodified sections of law, of several agencies, as
defined in section 101.82 of the Revised Code, that were subject
to the Committee's jurisdiction;
(4) By the renewal, through the amendment or enactment of
codified or uncodified sections of law, of the existence of
numerous agencies, as defined in section 101.82 of the Revised
Code, that were subject to the Committee's jurisdiction.
(B) In addition to the means of implementing the Committee's
report mentioned in division (A) of this section, the General
Assembly hereby declares its intent to abolish the Compact with
Ohio Cities Task Force. This entity was subject to the Committee's
jurisdiction, and the Committee declared that it should be
abolished, but no express codified or uncodified source of law for
them was found to exist by the General Assembly.
(C) In addition to the means of implementing the Committee's
report mentioned in division (A) of this section, the General
Assembly hereby declares its intent to renew the Advisory Council
to Select Medicaid Drug Managers. This entity was subject to the
Committee's jurisdiction, and the Committee declared that it
should be renewed, but no express codified or uncodified source of
law for them was found to exist by the General Assembly.
(D) In addition to the means of implementing the Committee's
report mentioned in division (A) of this section, the General
Assembly hereby declares its intent to abolish the Ohio Teacher
Education and Licensure Advisory Commission. This entity was
subject to the Committee's jurisdiction, and the Committee
declared that it should be abolished, but no express codified or
uncodified source of law for them was found to exist by the
General Assembly.
Section 9. The hospital measures advisory council shall
supersede the group of experts in pediatric medicine and their
members and succeed to and have and perform all the duties,
powers, and obligations pertaining to the duties, powers, and
obligations of the group of experts in pediatric medicine and
their members. All rules, actions, determinations, commitments,
resolutions, decisions, and agreements pertaining to those duties,
powers, obligations, functions, and rights in force or in effect
on the effective date of this section shall continue in force and
effect subject to any further lawful action thereon by the
hospital measures advisory council. Wherever the group of experts
in pediatric medicine are referred to in any provision of law, or
in any agreement or document that pertains to those duties,
powers, obligations, functions, and rights, the reference is to
the hospital measures advisory council.
All authorized obligations and supplements thereto of the
group of experts in pediatric medicine and their members
pertaining to the duties, powers, and obligations transferred are
binding on the hospital measures advisory council, and nothing in
this act impairs the obligations or rights thereunder or under any
contract. The abolition of the group of experts in pediatric
medicine and the transfer of their duties, powers, and obligations
do not affect the validity of agreements or obligations made by
the group of experts in pediatric medicine and their members
pursuant to Chapters 4121., 4123., 4125., 4127., 4131., and 4167.
of the Revised Code or any other provisions of law.
In connection with the transfer of duties, powers,
obligations, functions, and rights and abolition of the group of
experts in pediatric medicine, all real property and interest
therein, documents, books, money, papers, records, machinery,
furnishings, office equipment, furniture, and all other property
over which the group of experts in pediatric medicine have control
pertaining to the duties, powers, and obligations transferred and
the rights of the group of experts in pediatric medicine to
enforce or receive any of the aforesaid is automatically
transferred to the hospital measures advisory council without
necessity for further action on the part of the hospital measures
advisory council. Additionally, all appropriations or
reappropriations made to the group of experts in pediatric
medicine for the purposes of the performance of their duties,
powers, and obligations, are transferred to the hospital measures
advisory council to the extent of the remaining unexpended or
unencumbered balance thereof, whether allocated or unallocated,
and whether obligated or unobligated.
Section 10. The commission on Hispanic-Latino affairs shall
supersede the interagency council on Hispanic-Latino affairs and
its members and succeed to and have and perform all the duties,
powers, and obligations pertaining to the duties, powers, and
obligations of the interagency council on Hispanic-Latino affairs
and its members. All rules, actions, determinations, commitments,
resolutions, decisions, and agreements pertaining to those duties,
powers, obligations, functions, and rights in force or in effect
on the effective date of this section shall continue in force and
effect subject to any further lawful action thereon by the
commission on Hispanic-Latino affairs. Wherever the interagency
council on Hispanic-Latino affairs is referred to in any provision
of law, or in any agreement or document that pertains to those
duties, powers, obligations, functions, and rights, the reference
is to the commission on Hispanic-Latino affairs.
All authorized obligations and supplements thereto of the
interagency council on Hispanic-Latino affairs and its members
pertaining to the duties, powers, and obligations transferred are
binding on the commission on Hispanic-Latino affairs, and nothing
in this act impairs the obligations or rights thereunder or under
any contract. The abolition of the interagency council on
Hispanic-Latino affairs and the transfer of their duties, powers,
and obligations do not affect the validity of agreements or
obligations made by the interagency council on Hispanic-Latino
affairs and its members pursuant to Chapters 4121., 4123., 4125.,
4127., 4131., and 4167. of the Revised Code or any other
provisions of law.
In connection with the transfer of duties, powers,
obligations, functions, and rights and abolition of the
interagency council on Hispanic-Latino affairs, all real property
and interest therein, documents, books, money, papers, records,
machinery, furnishings, office equipment, furniture, and all other
property over which the interagency council on Hispanic-Latino
affairs has control pertaining to the duties, powers, and
obligations transferred and the rights of the interagency council
on Hispanic-Latino affairs to enforce or receive any of the
aforesaid is automatically transferred to the commission on
Hispanic-Latino affairs without necessity for further action on
the part of the commission on Hispanic-Latino affairs.
Additionally, all appropriations or reappropriations made to the
interagency council on Hispanic-Latino affairs for the purposes of
the performance of their duties, powers, and obligations, are
transferred to the commission on Hispanic-Latino affairs to the
extent of the remaining unexpended or unencumbered balance
thereof, whether allocated or unallocated, and whether obligated
or unobligated.
Section 11. The early childhood advisory council shall
supersede the early childhood financing workgroup and its members
and succeed to and have and perform all the duties, powers, and
obligations pertaining to the duties, powers, and obligations of
the early childhood financing workgroup and its members. All
rules, actions, determinations, commitments, resolutions,
decisions, and agreements pertaining to those duties, powers,
obligations, functions, and rights in force or in effect on the
effective date of this section shall continue in force and effect
subject to any further lawful action thereon by the early
childhood advisory council. Wherever the early childhood financing
workgroup is referred to in any provision of law, or in any
agreement or document that pertains to those duties, powers,
obligations, functions, and rights, the reference is to the early
childhood advisory council.
All authorized obligations and supplements thereto of the
early childhood financing workgroup and its members pertaining to
the duties, powers, and obligations transferred are binding on the
early childhood advisory council, and nothing in this act impairs
the obligations or rights thereunder or under any contract. The
abolition of the early childhood financing workgroup and the
transfer of their duties, powers, and obligations do not affect
the validity of agreements or obligations made by the early
childhood financing workgroup and its members pursuant to Chapters
4121., 4123., 4125., 4127., 4131., and 4167. of the Revised Code
or any other provisions of law.
In connection with the transfer of duties, powers,
obligations, functions, and rights and abolition of the early
childhood financing workgroup, all real property and interest
therein, documents, books, money, papers, records, machinery,
furnishings, office equipment, furniture, and all other property
over which the early childhood financing workgroup has control
pertaining to the duties, powers, and obligations transferred and
the rights of the early childhood financing workgroup to enforce
or receive any of the aforesaid is automatically transferred to
the early childhood advisory council without necessity for further
action on the part of the early childhood advisory council.
Additionally, all appropriations or reappropriations made to the
early childhood financing workgroup for the purposes of the
performance of their duties, powers, and obligations, are
transferred to the early childhood advisory council to the extent
of the remaining unexpended or unencumbered balance thereof,
whether allocated or unallocated, and whether obligated or
unobligated.
Section 12. The third frontier biomedical and bioproducts
advisory board shall supersede the third frontier biomedical
advisory board and the third frontier bioproducts advisory board
and their members and succeed to and have and perform all the
duties, powers, and obligations pertaining to the duties, powers,
and obligations of the third frontier biomedical advisory board
and the third frontier bioproducts advisory board and their
members. All rules, actions, determinations, commitments,
resolutions, decisions, and agreements pertaining to those duties,
powers, obligations, functions, and rights in force or in effect
on the effective date of this section shall continue in force and
effect subject to any further lawful action thereon by the third
frontier biomedical and bioproducts advisory board. Wherever the
third frontier biomedical advisory board and the third frontier
bioproducts advisory board are referred to in any provision of
law, or in any agreement or document that pertains to those
duties, powers, obligations, functions, and rights, the reference
is to the third frontier biomedical and bioproducts advisory
board.
All authorized obligations and supplements thereto of the
third frontier biomedical advisory board and the third frontier
bioproducts advisory board and their members pertaining to the
duties, powers, and obligations transferred are binding on the
third frontier biomedical and bioproducts advisory board, and
nothing in this act impairs the obligations or rights thereunder
or under any contract. The abolition of the third frontier
biomedical advisory board and the third frontier bioproducts
advisory board and the transfer of their duties, powers, and
obligations do not affect the validity of agreements or
obligations made by the third frontier biomedical advisory board
and the third frontier bioproducts advisory board and their
members pursuant to Chapters 4121., 4123., 4125., 4127., 4131.,
and 4167. of the Revised Code or any other provisions of law.
In connection with the transfer of duties, powers,
obligations, functions, and rights and abolition of the third
frontier biomedical advisory board and the third frontier
bioproducts advisory board, all real property and interest
therein, documents, books, money, papers, records, machinery,
furnishings, office equipment, furniture, and all other property
over which the third frontier biomedical advisory board and the
third frontier bioproducts advisory board have control pertaining
to the duties, powers, and obligations transferred and the rights
of the third frontier biomedical advisory board and the third
frontier bioproducts advisory board to enforce or receive any of
the aforesaid is automatically transferred to the third frontier
biomedical and bioproducts advisory board without necessity for
further action on the part of the third frontier biomedical and
bioproducts advisory board. Additionally, all appropriations or
reappropriations made to the third frontier biomedical advisory
board and the third frontier bioproducts advisory board for the
purposes of the performance of their duties, powers, and
obligations, are transferred to the third frontier biomedical and
bioproducts advisory board to the extent of the remaining
unexpended or unencumbered balance thereof, whether allocated or
unallocated, and whether obligated or unobligated.
Section 13. The Ohio quarter horse development commission,
the Ohio standardbred development commission, and the Ohio
thoroughbred racing advisory committee shall cease to exist on the
effective date of this section. The state racing commission shall
perform all the duties, powers, and obligations pertaining to the
duties, powers, and obligations of the Ohio quarter horse
development commission, the Ohio standardbred development
commission, and the Ohio thoroughbred racing advisory committee
and their members. All rules, actions, determinations,
commitments, resolutions, decisions, and agreements pertaining to
those duties, powers, obligations, functions, and rights in force
or in effect on the effective date of this section shall continue
in force and effect subject to any further lawful action thereon
by the state racing commission. Wherever the Ohio quarter horse
development commission, the Ohio standardbred development
commission, or the Ohio thoroughbred racing advisory committee are
referred to in any provision of law, or in any agreement or
document that pertains to those duties, powers, obligations,
functions, and rights, the reference is to the state racing
commission.
All authorized obligations and supplements thereto of the
Ohio quarter horse development commission, the Ohio standardbred
development commission, and the Ohio thoroughbred racing advisory
committee and their members pertaining to the duties, powers, and
obligations transferred are binding on the state racing
commission, and nothing in this act impairs the obligations or
rights thereunder or under any contract. The abolition of the Ohio
quarter horse development commission, the Ohio standardbred
development commission, and the Ohio thoroughbred racing advisory
committee and the transfer of their duties, powers, and
obligations do not affect the validity of agreements or
obligations made by the Ohio quarter horse development commission,
the Ohio standardbred development commission, and the Ohio
thoroughbred racing advisory committee and their members pursuant
to Chapters 4121., 4123., 4125., 4127., 4131., and 4167. of the
Revised Code or any other provisions of law.
In connection with the transfer of duties, powers,
obligations, functions, and rights and abolition of the Ohio
quarter horse development commission, the Ohio standardbred
development commission, and the Ohio thoroughbred racing advisory
committee, all real property and interest therein, documents,
books, money, papers, records, machinery, furnishings, office
equipment, furniture, and all other property over which the Ohio
quarter horse development commission, the Ohio standardbred
development commission, and the Ohio thoroughbred racing advisory
committee have control pertaining to the duties, powers, and
obligations transferred and the rights of the Ohio quarter horse
development commission, the Ohio standardbred development
commission, and the Ohio thoroughbred racing advisory committee to
enforce or receive any of the aforesaid is automatically
transferred to the state racing commission without necessity for
further action on the part of the state racing commission.
Additionally, all appropriations or reappropriations made to the
Ohio quarter horse development commission, the Ohio standardbred
development commission, and the Ohio thoroughbred racing advisory
committee for the purposes of the performance of their duties,
powers, and obligations, are transferred to the state racing
commission to the extent of the remaining unexpended or
unencumbered balance thereof, whether allocated or unallocated,
and whether obligated or unobligated.
Section 14. The sections of law contained in this act, except
as otherwise specifically provided in this act, take effect on the
date that is three months after the date on which this act becomes
law.
Section 15. The following items of law are not subject to the
referendum and, under Ohio Constitution, Article II, Section 1d
and section 1.471 of the Revised Code, take effect immediately
when this act becomes law:
The amendment of sections 127.14, 4121.77, and 4123.342 of
the Revised Code.
The repeal of section 4121.79 of the Revised Code.
The amendment of Section 203 of Am. Sub. H.B. 15 of the 128th
General Assembly.
The repeal of Section 512.45 of Am. Sub. H.B. 100 of the
127th General Assembly as amended by Am. Sub. H.B. 15 of the 128th
General Assembly.
Section 16. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following sections,
presented in this act as composites of the sections as amended by
the acts indicated, are the resulting versions of the sections in
effect prior to the effective date of the sections as presented in
this act:
Section 4503.52 of the Revised Code as amended by both Am.
Sub. H.B. 210 and Am. Sub. H.B. 224 of the 122nd General Assembly.
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