Bill Text: OH HB532 | 2011-2012 | 129th General Assembly | Engrossed

Ohio House Bill 532 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: , and to amend Section 707.10 of Am. Sub. H.B. 487 of the 129th General Assembly to revise the Ohio Military Medal of Distinction law; to allow certain community colleges to acquire, construct, and maintain housing and dining facilities; to expand the areas for which a municipal corporation in Stark County may use up to 5% of its water and sewer funds for sewage or water system extensions to include areas within a joint economic development district and areas within the municipal corporation's boundaries; to temporarily permit a school district to offer highest priority to purchase an athletic field to the current leaseholder; to permit a school district to sell or lease real property directly to a STEM school in certain circumstances; and to make an appropriation.

Spectrum: Slight Partisan Bill (Republican 63-22)

Status: (Passed) 2013-03-22 - Effective Date [HB532 Detail]

Download: Ohio-2011-HB532-Engrossed.html

As Passed by the House

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 532

Representatives Kozlowski, Gonzales

Cosponsors: Representatives Henne, Gardner, Derickson, Adams, J., Bubp, Pillich, Garland, Grossman, Sears, Szollosi, Hottinger, Buchy, Fende, Wachtmann, Lundy, Ruhl, Yuko, Reece, Dovilla, Boose, Conditt, Stebelton, Maag, Young, Goodwin, Johnson, Landis, Butler, Fedor, Hagan, C., Martin, Milkovich, Rosenberger, Amstutz, Adams, R., Anielski, Antonio, Ashford, Baker, Beck, Blair, Blessing, Boyce, Brenner, Budish, DeVitis, Duffey, Gerberry, Hackett, Hall, Hayes, Hill, Huffman, Letson, Lynch, McClain, Murray, Newbold, O'Brien, Okey, Patmon, Phillips, Roegner, Slesnick, Smith, Sprague, Stautberg, Terhar, Thompson, Uecker Speaker Batchelder

A BILL

To amend sections 307.05, 307.051, 307.055, 505.37,

505.375, 505.44, 505.72, 3354.121, 4503.49,

4513.263, 4743.05, 4765.02, 4765.03, 4765.04,

4765.05, 4765.06, 4765.07, 4765.08, 4765.09,

4765.10, 4765.101, 4765.102, 4765.11, 4765.111,

4765.112, 4765.113, 4765.114, 4765.115, 4765.116,

4765.12, 4765.15, 4765.16, 4765.17, 4765.18,

4765.22, 4765.23, 4765.28, 4765.29, 4765.30,

4765.31, 4765.32, 4765.33, 4765.37, 4765.38,

4765.39, 4765.40, 4765.42, 4765.48, 4765.49,

4765.55, 4765.56, 4766.01, 4766.03, 4766.04,

4766.05, 4766.07, 4766.08, 4766.09, 4766.10,

4766.11, 4766.12, 4766.13, 4766.15, 4766.22,

5502.01, 5709.40, 5709.73, 5709.77, and 5913.11;

and to repeal sections 4766.02 and 4766.20 of the

Revised Code; to amend Section 205.10 of Am. Sub.

H.B. 114 of the 129th General Assembly, as

subsequently amended, to amend Section 335.10 of

Am. Sub. H.B. 153 of the 129th General Assembly,

and to amend Section 707.10 of Am. Sub. H.B. 487

of the 129th General Assembly to revise the Ohio

Military Medal of Distinction law; to rename the

State Board of Emergency Medical Services the

"State Board of Emergency Medical, Fire, and

Transportation Services"; to eliminate the Ohio

Medical Transportation Board and assign its duties

to the renamed State Board of Emergency Medical,

Fire, and Transportation Services; to specify the

membership of the renamed board; to allow certain

community colleges to acquire, construct, and

maintain housing and dining facilities; to specify

that, with respect to tax increment financing

(TIF), the base taxable value of an exempt

improvement is the assessed value of the property

appearing on the most recent tax list compiled

before the TIF legislation takes effect; to expand

the areas for which a municipal corporation in

Stark County may use up to 5% of its water and

sewer funds for sewage or water system extensions

to include areas within a joint economic

development district and areas within the

municipal corporation's boundaries; and to make an

appropriation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 307.05, 307.051, 307.055, 505.37,	44
505.375, 505.44, 505.72, 3354.121, 4503.49, 4513.263, 4743.05,	45
4765.02, 4765.03, 4765.04, 4765.05, 4765.06, 4765.07, 4765.08,	46
4765.09, 4765.10, 4765.101, 4765.102, 4765.11, 4765.111, 4765.112,	47
4765.113, 4765.114, 4765.115, 4765.116, 4765.12, 4765.15, 4765.16,	48
4765.17, 4765.18, 4765.22, 4765.23, 4765.28, 4765.29, 4765.30,	49
4765.31, 4765.32, 4765.33, 4765.37, 4765.38, 4765.39, 4765.40,	50
4765.42, 4765.48, 4765.49, 4765.55, 4765.56, 4766.01, 4766.03,	51
4766.04, 4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11,	52
4766.12, 4766.13, 4766.15, 4766.22, 5502.01, 5709.40, 5709.73,	53
5709.77, and 5913.11 of the Revised Code be amended to read as	54
follows:	55

Sec. 307.05. As used in this section, "emergency medical	56
service organization" has the same meaning as in section 4765.01	57
of the Revised Code.	58

A board of county commissioners may operate an ambulance	59
service organization or emergency medical service organization,	60
or, in counties with a population of forty thousand or less, may	61
operate a nonemergency patient transport service organization, or	62
may enter into a contract with one or more counties, townships,	63
municipal corporations, nonprofit corporations, joint emergency	64
medical services districts, fire and ambulance districts, or	65
private ambulance owners, regardless of whether such counties,	66
townships, municipal corporations, nonprofit corporations, joint	67
emergency medical services districts, fire and ambulance	68
districts, or private ambulance owners are located within or	69
without the state, in order to furnish or obtain the services of	70
ambulance service organizations, to furnish or obtain additional	71
services from ambulance service organizations in times of	72
emergency, to furnish or obtain the services of emergency medical	73
service organizations, or, in counties with a population of forty	74
thousand or less, to furnish or obtain services of nonemergency	75
patient transport service organizations, or may enter into a	76
contract with any such entity to furnish or obtain the interchange	77
of services from ambulance or emergency medical service	78
organizations, or, within counties with a population of forty	79
thousand or less, to furnish or obtain the interchange of services	80
from nonemergency patient transport service organizations, within	81
the territories of the contracting subdivisions. Except in the	82
case of a contract with a joint emergency medical services	83
district to obtain the services of emergency medical service	84
organizations, such contracts shall not be entered into with a	85
public agency or nonprofit corporation that receives more than	86
half of its operating funds from governmental entities with the	87
intention of directly competing with the operation of other	88
ambulance service organizations, nonemergency patient transport	89
service organizations, or emergency medical service organizations	90
in the county unless the public agency or nonprofit corporation is	91
awarded the contract after submitting the lowest and best bid to	92
the board of county commissioners. Any county wishing to commence	93
operation of a nonemergency patient transport service organization	94
or wishing to enter into a contract for the first time to furnish	95
or obtain services from a nonemergency patient transport service	96
organization on or after March 1, 1993, including a county in	97
which a private provider has been providing the service, shall	98
demonstrate the need for public funding for the service to, and	99
obtain approval from, the state board of emergency medical, fire,	100
and transportation services or its immediate successor board prior	101
to operating or funding the organization.	102

When such an organization is operated by the board, the	103
organization may be administered by the board, by the county	104
sheriff, or by another county officer or employee designated by	105
the board. All rules, including the determining of reasonable	106
rates, necessary for the establishment, operation, and maintenance	107
of such an organization shall be adopted by the board.	108

A contract for services of an ambulance service, nonemergency	109
patient transport service, or emergency medical service	110
organization shall include the terms, conditions, and stipulations	111
as agreed to by the parties to the contract. It may provide for a	112
fixed annual charge to be paid at the times agreed upon and	113
stipulated in the contract, or for compensation based upon a	114
stipulated price for each run, call, or emergency or the number of	115
persons or pieces of apparatus employed, or the elapsed time of	116
service required in such run, call, or emergency, or any	117
combination thereof.	118

Sec. 307.051. As used in this section, "emergency medical	119
service organization" has the same meaning as in section 4766.01	120
of the Revised Code.	121

A board of county commissioners, by adoption of an	122
appropriate resolution, may choose to have the ~~Ohio~~state board of	123
emergency medical, fire, and transportation ~~board~~services license	124
any emergency medical service organization it operates. If a board	125
adopts such a resolution, Chapter 4766. of the Revised Code,	126
except for sections 4766.06 and 4766.99 of the Revised Code,	127
applies to the county emergency medical service organization. All	128
rules adopted under the applicable sections of that chapter also	129
apply to the organization. A board, by adoption of an appropriate	130
resolution, may remove its emergency medical service organization	131
from the jurisdiction of the ~~Ohio~~state board of emergency	132
medical, fire, and transportation ~~board~~services.	133

Sec. 307.055. (A) Subject to the terms and conditions of the	134
joint resolution creating it, each joint emergency medical	135
services district may furnish ambulance services and emergency	136
medical services by one of the following methods:	137

(1) By operating an emergency medical service organization as	138
defined in section 4765.01 of the Revised Code;	139

(2) By contracting for the operation of one or more	140
facilities pursuant to division (C) or (D) of this section;	141

(3) By providing necessary services and equipment to the	142
district either directly or under a contract entered into pursuant	143
to division (B) of this section;	144

(4) By providing service through any combination of methods	145
described in divisions (A)(1) to (3) of this section.	146

(B) In order to obtain ambulance service, to obtain	147
additional ambulance service in times of emergency, or to obtain	148
emergency medical services, a joint emergency medical services	149
district may enter into a contract, for a period not to exceed	150
three years, with one or more counties, townships, municipal	151
corporations, joint fire districts, other governmental units that	152
provide ambulance service or emergency medical services, nonprofit	153
corporations, or private ambulance owners, regardless of whether	154
the entities contracted with are located within or outside this	155
state, upon such terms as are agreed to, to furnish or receive	156
ambulance services or the interchange of ambulance services or	157
emergency medical services within the several territories of the	158
contracting subdivisions, if the contract is first authorized by	159
all boards of trustees and legislative authorities in the	160
territories to be served.	161

Such a contract may provide for a fixed annual charge to be	162
paid at the times agreed upon and stipulated in the contract; or	163
for compensation based on a stipulated price for each run, call,	164
or emergency or based on the elapsed time of service required for	165
each run, call, or emergency, or based on any combination of	166
these.	167

Expenditures of a district for ambulance service or emergency	168
medical service, whether pursuant to contract or otherwise, are	169
lawful expenditures, regardless of whether the district or the	170
party with which it contracts charges an additional fee to users	171
of the service.	172

(C) The board of trustees may enter into a contract with any	173
person, municipal corporation, township, or other political	174
subdivision, and any political subdivision may contract with the	175
board, for the operation and maintenance of emergency medical	176
services facilities regardless of whether the facilities used are	177
owned or leased by the district, by another political subdivision,	178
or by the contractor.	179

(D) The district may purchase, lease, and maintain all	180
materials, buildings, land, and equipment, including vehicles, the	181
board considers necessary for the district.	182

When the board finds, by resolution, that the district has	183
personal property that is not needed for public use, or is	184
obsolete or unfit for the use for which it was acquired, the board	185
may dispose of the property in the same manner as provided in	186
section 307.12 of the Revised Code.	187

(E) Except in the case of a contract with a board of county	188
commissioners for the provision of services of an emergency	189
medical service organization, any contract entered into by a joint	190
emergency medical services district shall conform to the same	191
bidding requirements that apply to county contracts under sections	192
307.86 to 307.92 of the Revised Code.	193

(F) A county participating in a joint district may contribute	194
any of its rights or interests in real or personal property,	195
including money, and may contribute services to the district. Any	196
such contributions shall be made by a written agreement between	197
the contributing county and the district, specifying the	198
contribution as well as the rights of the participating counties	199
in the contributed property. Written agreements shall also be	200
prepared specifying the rights of participating counties in	201
property acquired by the district other than by contribution of a	202
participating county. Written agreements required by this division	203
may be amended only by written agreement of all parties to the	204
original agreement.	205

(G) A district's board of trustees, by adoption of an	206
appropriate resolution, may choose to have the ~~Ohio~~state board of	207
emergency medical, fire, and transportation ~~board~~services license	208
any emergency medical service organization the district operates.	209
If a board adopts such a resolution, Chapter 4766. of the Revised	210
Code, except for sections 4766.06 and 4766.99 of the Revised Code,	211
applies to the district emergency medical service organization.	212
All rules adopted under the applicable sections of that chapter	213
also apply to the organization. A board, by adoption of an	214
appropriate resolution, may remove the district emergency medical	215
service organization from the jurisdiction of the ~~Ohio~~state board	216
of emergency medical, fire, and transportation ~~board~~services.	217

Sec. 505.37. (A) The board of township trustees may	218
establish all necessary rules to guard against the occurrence of	219
fires and to protect the property and lives of the citizens	220
against damage and accidents, and may, with the approval of the	221
specifications by the prosecuting attorney or, if the township has	222
adopted limited home rule government under Chapter 504. of the	223
Revised Code, with the approval of the specifications by the	224
township's law director, purchase, lease, lease with an option to	225
purchase, or otherwise provide any fire apparatus, mechanical	226
resuscitators, or other equipment, appliances, materials, fire	227
hydrants, and water supply for fire-fighting purposes that seems	228
advisable to the board. The board shall provide for the care and	229
maintenance of fire equipment, and, for these purposes, may	230
purchase, lease, lease with an option to purchase, or construct	231
and maintain necessary buildings, and it may establish and	232
maintain lines of fire-alarm communications within the limits of	233
the township. The board may employ one or more persons to maintain	234
and operate fire-fighting equipment, or it may enter into an	235
agreement with a volunteer fire company for the use and operation	236
of fire-fighting equipment. The board may compensate the members	237
of a volunteer fire company on any basis and in any amount that it	238
considers equitable.	239

When the estimated cost to purchase fire apparatus,	240
mechanical resuscitators, other equipment, appliances, materials,	241
fire hydrants, buildings, or fire-alarm communications equipment	242
or services exceeds fifty thousand dollars, the contract shall be	243
let by competitive bidding. When competitive bidding is required,	244
the board shall advertise once a week for not less than two	245
consecutive weeks in a newspaper of general circulation within the	246
township. The board may also cause notice to be inserted in trade	247
papers or other publications designated by it or to be distributed	248
by electronic means, including posting the notice on the board's	249
internet web site. If the board posts the notice on its web site,	250
it may eliminate the second notice otherwise required to be	251
published in a newspaper of general circulation within the	252
township, provided that the first notice published in such	253
newspaper meets all of the following requirements:	254

(1) It is published at least two weeks before the opening of	255
bids.	256

(2) It includes a statement that the notice is posted on the	257
board's internet web site.	258

(3) It includes the internet address of the board's internet	259
web site.	260

(4) It includes instructions describing how the notice may be	261
accessed on the board's internet web site.	262

The advertisement shall include the time, date, and place	263
where the clerk of the township, or the clerk's designee, will	264
read bids publicly. The time, date, and place of bid openings may	265
be extended to a later date by the board of township trustees,	266
provided that written or oral notice of the change shall be given	267
to all persons who have received or requested specifications not	268
later than ninety-six hours prior to the original time and date	269
fixed for the opening. The board may reject all the bids or accept	270
the lowest and best bid, provided that the successful bidder meets	271
the requirements of section 153.54 of the Revised Code when the	272
contract is for the construction, demolition, alteration, repair,	273
or reconstruction of an improvement.	274

(B) The boards of township trustees of any two or more	275
townships, or the legislative authorities of any two or more	276
political subdivisions, or any combination of these, may, through	277
joint action, unite in the joint purchase, lease, lease with an	278
option to purchase, maintenance, use, and operation of	279
fire-fighting equipment, or for any other purpose designated in	280
sections 505.37 to 505.42 of the Revised Code, and may prorate the	281
expense of the joint action on any terms that are mutually agreed	282
upon.	283

(C) The board of township trustees of any township may, by	284
resolution, whenever it is expedient and necessary to guard	285
against the occurrence of fires or to protect the property and	286
lives of the citizens against damages resulting from their	287
occurrence, create a fire district of any portions of the township	288
that it considers necessary. The board may purchase, lease, lease	289
with an option to purchase, or otherwise provide any fire	290
apparatus, appliances, materials, fire hydrants, and water supply	291
for fire-fighting purposes, or may contract for the fire	292
protection for the fire district as provided in section 9.60 of	293
the Revised Code. The fire district so created shall be given a	294
separate name by which it shall be known.	295

Additional unincorporated territory of the township may be	296
added to a fire district upon the board's adoption of a resolution	297
authorizing the addition. A municipal corporation that is within	298
or adjoining the township may be added to a fire district upon the	299
board's adoption of a resolution authorizing the addition and the	300
municipal legislative authority's adoption of a resolution or	301
ordinance requesting the addition of the municipal corporation to	302
the fire district.	303

If the township fire district imposes a tax, additional	304
unincorporated territory of the township or a municipal	305
corporation that is within or adjoining the township shall become	306
part of the fire district only after all of the following have	307
occurred:	308

(1) Adoption by the board of township trustees of a	309
resolution approving the expansion of the territorial limits of	310
the district and, if the resolution proposes to add a municipal	311
corporation, adoption by the municipal legislative authority of a	312
resolution or ordinance requesting the addition of the municipal	313
corporation to the district;	314

(2) Adoption by the board of township trustees of a	315
resolution recommending the extension of the tax to the additional	316
territory;	317

(3) Approval of the tax by the electors of the territory	318
proposed for addition to the district.	319

Each resolution of the board adopted under division (C)(2) of	320
this section shall state the name of the fire district, a	321
description of the territory to be added, and the rate and	322
termination date of the tax, which shall be the rate and	323
termination date of the tax currently in effect in the fire	324
district.	325

The board of trustees shall certify each resolution adopted	326
under division (C)(2) of this section to the board of elections in	327
accordance with section 5705.19 of the Revised Code. The election	328
required under division (C)(3) of this section shall be held,	329
canvassed, and certified in the manner provided for the submission	330
of tax levies under section 5705.25 of the Revised Code, except	331
that the question appearing on the ballot shall read:	332

"Shall the territory within ........................	333
(description of the proposed territory to be added) be added to	334
........................ (name) fire district, and a property tax	335
at a rate of taxation not exceeding ...... (here insert tax rate)	336
be in effect for .......... (here insert the number of years the	337
tax is to be in effect or "a continuing period of time," as	338
applicable)?"	339

If the question is approved by at least a majority of the	340
electors voting on it, the joinder shall be effective as of the	341
first day of July of the year following approval, and on that	342
date, the township fire district tax shall be extended to the	343
taxable property within the territory that has been added. If the	344
territory that has been added is a municipal corporation and if it	345
had adopted a tax levy for fire purposes, the levy is terminated	346
on the effective date of the joinder.	347

Any municipal corporation may withdraw from a township fire	348
district created under division (C) of this section by the	349
adoption by the municipal legislative authority of a resolution or	350
ordinance ordering withdrawal. On the first day of July of the	351
year following the adoption of the resolution or ordinance of	352
withdrawal, the municipal corporation withdrawing ceases to be a	353
part of the district, and the power of the fire district to levy a	354
tax upon taxable property in the withdrawing municipal corporation	355
terminates, except that the fire district shall continue to levy	356
and collect taxes for the payment of indebtedness within the	357
territory of the fire district as it was composed at the time the	358
indebtedness was incurred.	359

Upon the withdrawal of any municipal corporation from a	360
township fire district created under division (C) of this section,	361
the county auditor shall ascertain, apportion, and order a	362
division of the funds on hand, moneys and taxes in the process of	363
collection except for taxes levied for the payment of	364
indebtedness, credits, and real and personal property, either in	365
money or in kind, on the basis of the valuation of the respective	366
tax duplicates of the withdrawing municipal corporation and the	367
remaining territory of the fire district.	368

A board of township trustees may remove unincorporated	369
territory of the township from the fire district upon the adoption	370
of a resolution authorizing the removal. On the first day of July	371
of the year following the adoption of the resolution, the	372
unincorporated township territory described in the resolution	373
ceases to be a part of the district, and the power of the fire	374
district to levy a tax upon taxable property in that territory	375
terminates, except that the fire district shall continue to levy	376
and collect taxes for the payment of indebtedness within the	377
territory of the fire district as it was composed at the time the	378
indebtedness was incurred.	379

(D) The board of township trustees of any township, the board	380
of fire district trustees of a fire district created under section	381
505.371 of the Revised Code, or the legislative authority of any	382
municipal corporation may purchase, lease, or lease with an option	383
to purchase the necessary fire-fighting equipment, buildings, and	384
sites for the township, fire district, or municipal corporation	385
and issue securities for that purpose with maximum maturities as	386
provided in section 133.20 of the Revised Code. The board of	387
township trustees, board of fire district trustees, or legislative	388
authority may also construct any buildings necessary to house	389
fire-fighting equipment and issue securities for that purpose with	390
maximum maturities as provided in section 133.20 of the Revised	391
Code.	392

The board of township trustees, board of fire district	393
trustees, or legislative authority may issue the securities of the	394
township, fire district, or municipal corporation, signed by the	395
board or designated officer of the municipal corporation and	396
attested by the signature of the township fiscal officer, fire	397
district clerk, or municipal clerk, covering any deferred payments	398
and payable at the times provided, which securities shall bear	399
interest not to exceed the rate determined as provided in section	400
9.95 of the Revised Code, and shall not be subject to Chapter 133.	401
of the Revised Code. The legislation authorizing the issuance of	402
the securities shall provide for levying and collecting annually	403
by taxation, amounts sufficient to pay the interest on and	404
principal of the securities. The securities shall be offered for	405
sale on the open market or given to the vendor or contractor if no	406
sale is made.	407

Section 505.40 of the Revised Code does not apply to any	408
securities issued, or any lease with an option to purchase entered	409
into, in accordance with this division.	410

(E) A board of township trustees of any township or a board	411
of fire district trustees of a fire district created under section	412
505.371 of the Revised Code may purchase a policy or policies of	413
liability insurance for the officers, employees, and appointees of	414
the fire department, fire district, or joint fire district	415
governed by the board that includes personal injury liability	416
coverage as to the civil liability of those officers, employees,	417
and appointees for false arrest, detention, or imprisonment,	418
malicious prosecution, libel, slander, defamation or other	419
violation of the right of privacy, wrongful entry or eviction, or	420
other invasion of the right of private occupancy, arising out of	421
the performance of their duties.	422

When a board of township trustees cannot, by deed of gift or	423
by purchase and upon terms it considers reasonable, procure land	424
for a township fire station that is needed in order to respond in	425
reasonable time to a fire or medical emergency, the board may	426
appropriate land for that purpose under sections 163.01 to 163.22	427
of the Revised Code. If it is necessary to acquire additional	428
adjacent land for enlarging or improving the fire station, the	429
board may purchase, appropriate, or accept a deed of gift for the	430
land for these purposes.	431

(F) As used in this division, "emergency medical service	432
organization" has the same meaning as in section 4766.01 of the	433
Revised Code.	434

A board of township trustees, by adoption of an appropriate	435
resolution, may choose to have the ~~Ohio~~state board of emergency	436
medical, fire, and transportation ~~board~~services license any	437
emergency medical service organization it operates. If the board	438
adopts such a resolution, Chapter 4766. of the Revised Code,	439
except for sections 4766.06 and 4766.99 of the Revised Code,	440
applies to the organization. All rules adopted under the	441
applicable sections of that chapter also apply to the	442
organization. A board of township trustees, by adoption of an	443
appropriate resolution, may remove its emergency medical service	444
organization from the jurisdiction of the ~~Ohio~~state board of	445
emergency medical, fire, and transportation ~~board~~services.	446

Sec. 505.375. (A)(1)(a) The boards of township trustees of	447
one or more townships and the legislative authorities of one or	448
more municipal corporations, or the legislative authorities of two	449
or more municipal corporations, or the boards of township trustees	450
of two or more townships, may negotiate an agreement to form a	451
fire and ambulance district for the delivery of both fire and	452
ambulance services. The agreement shall be ratified by the	453
adoption of a joint resolution by a majority of the members of	454
each board of township trustees involved and a majority of the	455
members of the legislative authority of each municipal corporation	456
involved. The joint resolution shall specify a date on which the	457
fire and ambulance district shall come into being.	458

(b) If a joint fire district created under section 505.371 of	459
the Revised Code or a joint ambulance district created under	460
section 505.71 of the Revised Code is dissolved to facilitate the	461
creation of a fire and ambulance district under division (A)(1)(a)	462
of this section, the townships and municipal corporations forming	463
the fire and ambulance district may transfer to the fire and	464
ambulance district any of the funds on hand, moneys and taxes in	465
the process of collection, credits, and real and personal property	466
apportioned to them under division (D) of section 505.371 of the	467
Revised Code or section 505.71 of the Revised Code, as applicable,	468
for use by the fire and ambulance district in accordance with this	469
section.	470

(2)(a) The board of trustees of a joint ambulance district	471
created under section 505.71 of the Revised Code and the board of	472
fire district trustees of a joint fire district created under	473
section 505.371 of the Revised Code may negotiate to combine their	474
two joint districts into a single fire and ambulance district for	475
the delivery of both fire and ambulance services, if the	476
geographic area covered by the combining joint districts is	477
exactly the same. Both boards shall adopt a joint resolution	478
ratifying the agreement and setting a date on which the fire and	479
ambulance district shall come into being.	480

(b) On that date, the joint fire district and the joint	481
ambulance district shall cease to exist, and the power of each to	482
levy a tax upon taxable property shall terminate, except that any	483
levy of a tax for the payment of indebtedness within the territory	484
of the joint fire or joint ambulance district as it was composed	485
at the time the indebtedness was incurred shall continue to be	486
collected by the successor fire and ambulance district if the	487
indebtedness remains unpaid. All funds and other property of the	488
joint districts shall become the property of the fire and	489
ambulance district, unless otherwise provided in the negotiated	490
agreement. The agreement shall provide for the settlement of all	491
debts and obligations of the joint districts.	492

(B)(1) The governing body of a fire and ambulance district	493
created under division (A)(1) or (2) of this section shall be a	494
board of trustees of at least three but no more than nine members,	495
appointed as provided in the agreement creating the district.	496
Members of the board may be compensated at a rate not to exceed	497
thirty dollars per meeting for not more than fifteen meetings per	498
year, and may be reimbursed for all necessary expenses incurred,	499
as provided in the agreement creating the district.	500

(2) The board shall employ a clerk and other employees as it	501
considers best, including a fire chief or fire prevention	502
officers, and shall fix their compensation. Neither this section	503
nor any other section of the Revised Code requires, or shall be	504
construed to require, that the fire chief of a fire and ambulance	505
district be a resident of the district.	506

Before entering upon the duties of office, the clerk shall	507
execute a bond, in the amount and with surety to be approved by	508
the board, payable to the state, conditioned for the faithful	509
performance of all of the clerk's official duties. The clerk shall	510
deposit the bond with the presiding officer of the board, who	511
shall file a copy of it, certified by the presiding officer, with	512
the county auditor of the county containing the most territory in	513
the district.	514

The board also shall provide for the appointment of a fiscal	515
officer for the district and may enter into agreements with	516
volunteer fire companies for the use and operation of	517
fire-fighting equipment. Volunteer firefighters acting under such	518
an agreement are subject to the requirements for volunteer	519
firefighters set forth in division (A) of section 505.38 of the	520
Revised Code.	521

(3) Employees of the district shall not be removed from	522
office except as provided by sections 733.35 to 733.39 of the	523
Revised Code, except that, to initiate removal proceedings, the	524
board shall designate a private citizen or, if the employee is	525
employed as a firefighter, the board may designate the fire chief,	526
to investigate, conduct the proceedings, and prepare the necessary	527
charges in conformity with those sections, and except that the	528
board shall perform the functions and duties specified for the	529
municipal legislative authority under those sections. The board	530
may pay reasonable compensation to any private citizen hired for	531
services rendered in the matter.	532

(4) No person shall be appointed as a permanent full-time	533
paid member of the district whose duties include fire fighting, or	534
be appointed as a volunteer firefighter, unless that person has	535
received a certificate issued under former section 3303.07 or	536
section 4765.55 of the Revised Code evidencing satisfactory	537
completion of a firefighter training program. The board may send	538
its officers and firefighters to schools of instruction designed	539
to promote the efficiency of firefighters and, if authorized in	540
advance, may pay their necessary expenses from the funds used for	541
the maintenance and operation of the district.	542

The board may choose, by adoption of an appropriate	543
resolution, to have the ~~Ohio~~state board of emergency medical,	544
fire, and transportation ~~board~~services license any emergency	545
medical service organization it operates. If the board adopts such	546
a resolution, Chapter 4766. of the Revised Code, except for	547
sections 4766.06 and 4766.99 of the Revised Code, applies to the	548
organization. All rules adopted under the applicable sections of	549
that chapter also apply to the organization. The board may remove,	550
by resolution, its emergency medical service organization from the	551
jurisdiction of the ~~Ohio~~state board of emergency medical, fire,	552
and transportation ~~board~~services.	553

(C) The board of trustees of a fire and ambulance district	554
created under division (A)(1) or (2) of this section may exercise	555
the following powers:	556

(1) Purchase or otherwise provide any fire apparatus,	557
mechanical resuscitators, or other fire or ambulance equipment,	558
appliances, or materials; fire hydrants; and water supply for	559
firefighting purposes that seems advisable to the board;	560

(2) Provide for the care and maintenance of equipment and,	561
for that purpose, purchase, lease, lease with an option to	562
purchase, or construct and maintain necessary buildings;	563

(3) Establish and maintain lines of fire-alarm communications	564
within the limits of the district;	565

(4) Appropriate land for a fire station or medical emergency	566
unit needed in order to respond in reasonable time to a fire or	567
medical emergency, in accordance with Chapter 163. of the Revised	568
Code;	569

(5) Purchase, appropriate, or accept a deed or gift of land	570
to enlarge or improve a fire station or medical emergency unit;	571

(6) Purchase, lease, lease with an option to purchase,	572
maintain, and use all materials, equipment, vehicles, buildings,	573
and land necessary to perform its duties;	574

(7) Contract for a period not to exceed three years with one	575
or more townships, municipal corporations, counties, joint fire	576
districts, joint ambulance districts, governmental agencies,	577
nonprofit corporations, or private ambulance owners located either	578
within or outside the state, to furnish or receive ambulance	579
services or emergency medical services within the several	580
territories of the contracting parties, if the contract is first	581
authorized by all boards of trustees and legislative authorities	582
concerned;	583

(8) Establish reasonable charges for the use of ambulance or	584
emergency medical services under the same conditions under which a	585
board of fire district trustees may establish those charges under	586
section 505.371 of the Revised Code;	587

(9) Establish all necessary rules to guard against the	588
occurrence of fires and to protect property and lives against	589
damage and accidents;	590

(10) Adopt a standard code pertaining to fire, fire hazards,	591
and fire prevention prepared and promulgated by the state or by a	592
public or private organization that publishes a model or standard	593
code;	594

(11) Provide for charges for false alarms at commercial	595
establishments in the same manner as joint fire districts are	596
authorized to do under section 505.391 of the Revised Code;	597

(12) Issue bonds and other evidences of indebtedness, subject	598
to Chapter 133. of the Revised Code, but only after approval by a	599
vote of the electors of the district as provided by section 133.18	600
of the Revised Code;	601

(13) To provide the services and equipment it considers	602
necessary, levy a sufficient tax, subject to Chapter 5705. of the	603
Revised Code, on all the taxable property in the district.	604

(D) Any municipal corporation or township may join an	605
existing fire and ambulance district, whether created under	606
division (A)(1) or (2) of this section, by its legislative	607
authority's adoption of a resolution requesting the membership and	608
upon approval of the board of trustees of the district. Any	609
municipal corporation or township may withdraw from a district,	610
whether created under division (A)(1) or (2) of this section, by	611
its legislative authority's adoption of a resolution ordering	612
withdrawal. Upon its withdrawal, the municipal corporation or	613
township ceases to be a part of the district, and the district's	614
power to levy a tax on taxable property in the withdrawing	615
township or municipal corporation terminates, except that the	616
district shall continue to levy and collect taxes for the payment	617
of indebtedness within the territory of the district as it was	618
composed at the time the indebtedness was incurred.	619

Upon the withdrawal of any township or municipal corporation	620
from a district, the county auditor of the county containing the	621
most territory in the district shall ascertain, apportion, and	622
order a division of the funds on hand, including funds in the	623
ambulance and emergency medical services fund, moneys and taxes in	624
the process of collection, except for taxes levied for the payment	625
of indebtedness, credits, and real and personal property on the	626
basis of the valuation of the respective tax duplicates of the	627
withdrawing municipal corporation or township and the remaining	628
territory of the district.	629

(E) As used in this section:

630

(1) "Governmental agency" includes all departments, boards,	631
offices, commissions, agencies, colleges, universities,	632
institutions, and other instrumentalities of this or another	633
state.	634

(2) "Emergency medical service organization" has the same	635
meaning as in section 4766.01 of the Revised Code.	636

Sec. 505.44. As used in this section:

637

(A) "Emergency medical service organization" has the same	638
meaning as in section 4765.01 of the Revised Code.	639

(B) "State agency" means all departments, boards, offices,	640
commissions, agencies, colleges, universities, institutions, and	641
other instrumentalities of this or another state.	642

In order to obtain the services of ambulance service	643
organizations, to obtain additional services from ambulance	644
service organizations in times of emergency, to obtain the	645
services of emergency medical service organizations, or, if the	646
township is located in a county with a population of forty	647
thousand or less, to obtain the services of nonemergency patient	648
transport service organizations, a township may enter into a	649
contract with one or more state agencies, townships, municipal	650
corporations, counties, nonprofit corporations, joint emergency	651
medical services districts, fire and ambulance districts, or	652
private ambulance owners, regardless of whether such state	653
agencies, townships, municipal corporations, counties, nonprofit	654
corporations, joint emergency medical services districts, fire and	655
ambulance districts, or private ambulance owners are located	656
within or outside the state, upon such terms as are agreed to by	657
them, to furnish or receive services from ambulance or emergency	658
medical service organizations or, if the township is located in a	659
county with a population of forty thousand or less, to furnish or	660
receive services from nonemergency patient transport service	661
organizations, or may enter into a contract for the interchange of	662
services from ambulance or emergency medical service organizations	663
or, if the township is located in a county with a population of	664
forty thousand or less, the interchange of services from	665
nonemergency patient transport service organizations, within the	666
several territories of the contracting parties, if the contract is	667
first authorized by the respective boards of township trustees,	668
the other legislative bodies, or the officer or body authorized to	669
contract on behalf of the state agency. Such contracts shall not	670
be entered into with a state agency or nonprofit corporation that	671
receives more than half of its operating funds from governmental	672
entities with the intention of directly competing with the	673
operation of other ambulance, emergency medical, or nonemergency	674
patient transport service organizations in the township unless the	675
state agency or nonprofit corporation is awarded the contract	676
after submitting the lowest and best bid to the board of township	677
trustees.	678

The contract may provide for compensation upon such terms as	679
the parties may agree.	680

Any township wishing to commence providing or wishing to	681
enter into a contract for the first time to furnish or obtain	682
services from nonemergency patient transport service organizations	683
on or after March 1, 1993, including a township in which a private	684
provider has been providing the service, shall demonstrate the	685
need for public funding for the service to, and obtain approval	686
from, the state board of emergency medical, fire, and	687
transportation services or its immediate successor board prior to	688
the establishment of a township-operated or township-funded	689
service.	690

Sec. 505.72. (A) The board of trustees of a joint ambulance	691
district shall provide for the employment of such employees as it	692
considers best, and shall fix their compensation. Such employees	693
shall continue in office until removed as provided by sections	694
733.35 to 733.39 of the Revised Code. To initiate removal	695
proceedings, and for such purpose, the board shall designate a	696
private citizen to investigate the conduct and prepare the	697
necessary charges in conformity with sections 733.35 to 733.39 of	698
the Revised Code. The board may pay reasonable compensation to	699
such person for the person's services.	700

In case of the removal of an employee of the district, an	701
appeal may be had from the decision of the board to the court of	702
common pleas of the county in which such district, or part of it,	703
is situated, to determine the sufficiency of the cause of removal.	704
Such appeal from the findings of the board shall be taken within	705
ten days.	706

(B) As used in this division, "emergency medical service	707
organization" has the same meaning as in section 4765.01 of the	708
Revised Code.	709

(1) In order to obtain the services of ambulance service	710
organizations, to obtain additional services from ambulance	711
service organizations in times of emergency, or to obtain the	712
services of emergency medical service organizations, a district	713
may enter into a contract, for a period not to exceed three years,	714
with one or more townships, municipal corporations, joint fire	715
districts, nonprofit corporations, any other governmental unit	716
that provides ambulance services or emergency medical services, or	717
with private ambulance owners, regardless of whether such	718
townships, municipal corporations, joint fire districts, nonprofit	719
corporations, governmental unit, or private ambulance owners are	720
located within or without this state, upon such terms as are	721
agreed to, to furnish or receive services from ambulance or	722
emergency medical service organizations or the interchange of	723
services from ambulance or emergency medical service organizations	724
within the several territories of the contracting subdivisions, if	725
such contract is first authorized by all boards of trustees and	726
legislative authorities concerned.	727

The contract may provide for a fixed annual charge to be paid	728
at the times agreed upon and stipulated in the contract, or for	729
compensation based upon a stipulated price for each run, call, or	730
emergency, or the elapsed time of service required in such run,	731
call, or emergency, or any combination thereof.	732

(2) Expenditures of a district for the services of ambulance	733
service organizations or emergency medical service organizations,	734
whether pursuant to contract or otherwise, are lawful	735
expenditures, regardless of whether the district or the party with	736
which it contracts charges additional fees to users of the	737
services.	738

(3) A district's board of trustees, by adoption of an	739
appropriate resolution, may choose to have the ~~Ohio~~state board of	740
emergency medical, fire, and transportation ~~board~~services license	741
any emergency medical service organization the district operates.	742
If a board adopts such a resolution, Chapter 4766. of the Revised	743
Code, except for sections 4766.06 and 4766.99 of the Revised Code,	744
applies to the district emergency medical service organization.	745
All rules adopted under the applicable sections of that chapter	746
also apply to the organization. A board, by adoption of an	747
appropriate resolution, may remove the district emergency medical	748
service organization from the jurisdiction of the ~~Ohio~~state board	749
of emergency medical, fire, and transportation ~~board~~services.	750

(C) Ambulance services or emergency medical services rendered	751
for a joint ambulance district under this section and section	752
505.71 of the Revised Code shall be deemed services of the	753
district. These sections do not authorize suits against a district	754
or any township or municipal corporation providing or receiving,	755
or contracting to provide or receive, such services under these	756
sections for damages for injury or loss to persons or property or	757
for wrongful death caused by persons providing such services.	758

Sec. 3354.121. (A)(1) Each community college district may	759
acquire, by purchase, lease, lease-purchase, lease with option to	760
purchase, or otherwise, construct, equip, furnish, reconstruct,	761
alter, enlarge, remodel, renovate, rehabilitate, improve,	762
maintain, repair, and operate, and lease to or from others,	763
auxiliary facilities or education facilities, except housing and	764
dining facilities, and may pay for the facilities out of available	765
receipts of such district. To pay all or part of the costs of	766
auxiliary facilities or education facilities, except housing and	767
dining facilities, and any combination of them, and to refund	768
obligations previously issued for such purpose, each community	769
college district may issue obligations in the manner provided by	770
and subject to the applicable provisions of section 3345.12 of the	771
Revised Code.	772

(2) A community college district that is located within one	773
mile of a four-year private, nonprofit institution of higher	774
education in the state may acquire, by purchase, lease,	775
lease-purchase, lease with option to purchase, or otherwise,	776
construct, equip, furnish, reconstruct, alter, enlarge, remodel,	777
renovate, rehabilitate, improve, maintain, repair, and operate,	778
and lease to or from others, housing and dining facilities, and	779
may pay for the facilities out of the available receipts of such	780
district. To pay all or part of the costs of the housing and	781
dining facilities, and to refund obligations previously issued for	782
such purpose, the community college district may issue obligations	783
in the manner provided by and subject to the applicable provisions	784
of section 3345.12 of the Revised Code.	785

(B) Except as otherwise provided in this section, the	786
definitions set forth in section 3345.12 of the Revised Code apply	787
to this section.	788

(C) Fee variations provided for in division (G) of section	789
3354.09 of the Revised Code need not be applied to fees pledged to	790
secure obligations.	791

(D) The obligations authorized by this section are not bonded	792
indebtedness of the community college district, shall not	793
constitute general obligations or the pledge of the full faith and	794
credit of such district, and the holders or owners thereof shall	795
have no right to require the board to levy or collect any taxes	796
for the payment of bond service charges, but they shall have the	797
right to payment thereof solely from the available receipts and	798
funds pledged for such payment as authorized by section 3345.12 of	799
the Revised Code and this section.	800

The bond proceedings may provide the method whereby the	801
general administrative overhead expense of the district shall be	802
allocated among the several operations and facilities of the	803
district for purposes of determining any operating and maintenance	804
expenses payable from the pledged available receipts prior to the	805
provision for payment of bond service charges, and for other	806
purposes of the bond proceedings.	807

(E) The powers granted in this section are in addition to any	808
other powers at any time granted by the Constitution and laws of	809
the state, and not in derogation thereof or restrictions thereon.	810

Sec. 4503.49. (A) As used in this section, "ambulance,"	811
"ambulette," "emergency medical service organization,"	812
"nonemergency medical service organization," and "nontransport	813
vehicle" have the same meanings as in section 4766.01 of the	814
Revised Code.	815

(B) Each private emergency medical service organization and	816
each private nonemergency medical service organization shall apply	817
to the registrar of motor vehicles for the registration of any	818
ambulance, ambulette, or nontransport vehicle it owns or leases.	819
The application shall be accompanied by a copy of the certificate	820
of licensure issued to the organization by the ~~Ohio~~state board of	821
emergency medical, fire, and transportation ~~board~~services and the	822
following fees:	823

(1) The regular license tax as prescribed under section	824
4503.04 of the Revised Code;	825

(2) Any local license tax levied under Chapter 4504. of the	826
Revised Code;	827

(3) An additional fee of seven dollars and fifty cents. The	828
additional fee shall be for the purpose of compensating the bureau	829
of motor vehicles for additional services required to be performed	830
under this section and shall be transmitted by the registrar to	831
the treasurer of state for deposit in the state bureau of motor	832
vehicles fund created by section 4501.25 of the Revised Code.	833

(C) On receipt of a complete application, the registrar shall	834
issue to the applicant the appropriate certificate of registration	835
for the vehicle and do one of the following:	836

(1) Issue a set of license plates with a validation sticker	837
and a set of stickers to be attached to the plates as an	838
identification of the vehicle's classification as an ambulance,	839
ambulette, or nontransport vehicle;	840

(2) Issue a validation sticker alone when so required by	841
section 4503.191 of the Revised Code.	842

Sec. 4513.263. (A) As used in this section and in section	843
4513.99 of the Revised Code:	844

(1) "Automobile" means any commercial tractor, passenger car,	845
commercial car, or truck that is required to be factory-equipped	846
with an occupant restraining device for the operator or any	847
passenger by regulations adopted by the United States secretary of	848
transportation pursuant to the "National Traffic and Motor Vehicle	849
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	850

(2) "Occupant restraining device" means a seat safety belt,	851
shoulder belt, harness, or other safety device for restraining a	852
person who is an operator of or passenger in an automobile and	853
that satisfies the minimum federal vehicle safety standards	854
established by the United States department of transportation.	855

(3) "Passenger" means any person in an automobile, other than	856
its operator, who is occupying a seating position for which an	857
occupant restraining device is provided.	858

(4) "Commercial tractor," "passenger car," and "commercial	859
car" have the same meanings as in section 4501.01 of the Revised	860
Code.	861

(5) "Vehicle" and "motor vehicle," as used in the definitions	862
of the terms set forth in division (A)(4) of this section, have	863
the same meanings as in section 4511.01 of the Revised Code.	864

(6) "Tort action" means a civil action for damages for	865
injury, death, or loss to person or property. "Tort action"	866
includes a product liability claim, as defined in section 2307.71	867
of the Revised Code, and an asbestos claim, as defined in section	868
2307.91 of the Revised Code, but does not include a civil action	869
for damages for breach of contract or another agreement between	870
persons.	871

(B) No person shall do any of the following:

872

(1) Operate an automobile on any street or highway unless	873
that person is wearing all of the available elements of a properly	874
adjusted occupant restraining device, or operate a school bus that	875
has an occupant restraining device installed for use in its	876
operator's seat unless that person is wearing all of the available	877
elements of the device, as properly adjusted;	878

(2) Operate an automobile on any street or highway unless	879
each passenger in the automobile who is subject to the requirement	880
set forth in division (B)(3) of this section is wearing all of the	881
available elements of a properly adjusted occupant restraining	882
device;	883

(3) Occupy, as a passenger, a seating position on the front	884
seat of an automobile being operated on any street or highway	885
unless that person is wearing all of the available elements of a	886
properly adjusted occupant restraining device;	887

(4) Operate a taxicab on any street or highway unless all	888
factory-equipped occupant restraining devices in the taxicab are	889
maintained in usable form.	890

(C) Division (B)(3) of this section does not apply to a	891
person who is required by section 4511.81 of the Revised Code to	892
be secured in a child restraint device or booster seat. Division	893
(B)(1) of this section does not apply to a person who is an	894
employee of the United States postal service or of a newspaper	895
home delivery service, during any period in which the person is	896
engaged in the operation of an automobile to deliver mail or	897
newspapers to addressees. Divisions (B)(1) and (3) of this section	898
do not apply to a person who has an affidavit signed by a	899
physician licensed to practice in this state under Chapter 4731.	900
of the Revised Code or a chiropractor licensed to practice in this	901
state under Chapter 4734. of the Revised Code that states that the	902
person has a physical impairment that makes use of an occupant	903
restraining device impossible or impractical.	904

(D) Notwithstanding any provision of law to the contrary, no	905
law enforcement officer shall cause an operator of an automobile	906
being operated on any street or highway to stop the automobile for	907
the sole purpose of determining whether a violation of division	908
(B) of this section has been or is being committed or for the sole	909
purpose of issuing a ticket, citation, or summons for a violation	910
of that nature or causing the arrest of or commencing a	911
prosecution of a person for a violation of that nature, and no law	912
enforcement officer shall view the interior or visually inspect	913
any automobile being operated on any street or highway for the	914
sole purpose of determining whether a violation of that nature has	915
been or is being committed.	916

(E) All fines collected for violations of division (B) of	917
this section, or for violations of any ordinance or resolution of	918
a political subdivision that is substantively comparable to that	919
division, shall be forwarded to the treasurer of state for deposit	920
into the state treasury to the credit of the trauma and emergency	921
medical services fund, which is hereby created. In addition, sixty	922
cents of each fee collected under sections 4501.34, 4503.26,	923
4505.14, 4506.08, 4509.05, and 4519.63 of the Revised Code as	924
specified in those sections, plus the portion of the driver's	925
license reinstatement fee described in division (F)(2)(g) of	926
section 4511.191 of the Revised Code, plus all fees collected	927
under section 4765.11 of the Revised Code, plus all fines imposed	928
under section 4765.55 of the Revised Code, plus the fees and other	929
moneys specified in section 4766.05 of the Revised Code, and plus	930
five per cent of fines and moneys arising from bail forfeitures as	931
directed by section 5503.04 of the Revised Code, also shall be	932
deposited into the trauma and emergency medical services fund. All	933
money deposited into the trauma and emergency medical services	934
fund shall be used by the department of public safety for the	935
administration and operation of the division of emergency medical	936
services and the state board of emergency medical, fire, and	937
transportation services, and by the state board of emergency	938
medical, fire, and transportation services to make grants, in	939
accordance with section 4765.07 of the Revised Code and rules the	940
board adopts under section 4765.11 of the Revised Code. The	941
director of budget and management may transfer excess money from	942
the trauma and emergency medical services fund to the state	943
highway safety fund if the director of public safety determines	944
that the amount of money in the trauma and emergency medical	945
services fund exceeds the amount required to cover such costs	946
incurred by the emergency medical services agency and the grants	947
made by the state board of emergency medical, fire, and	948
transportation services and requests the director of budget and	949
management to make the transfer.	950

(F)(1) Subject to division (F)(2) of this section, the	951
failure of a person to wear all of the available elements of a	952
properly adjusted occupant restraining device in violation of	953
division (B)(1) or (3) of this section or the failure of a person	954
to ensure that each minor who is a passenger of an automobile	955
being operated by that person is wearing all of the available	956
elements of a properly adjusted occupant restraining device in	957
violation of division (B)(2) of this section shall not be	958
considered or used by the trier of fact in a tort action as	959
evidence of negligence or contributory negligence. But, the trier	960
of fact may determine based on evidence admitted consistent with	961
the Ohio Rules of Evidence that the failure contributed to the	962
harm alleged in the tort action and may diminish a recovery of	963
compensatory damages that represents noneconomic loss, as defined	964
in section 2307.011 of the Revised Code, in a tort action that	965
could have been recovered but for the plaintiff's failure to wear	966
all of the available elements of a properly adjusted occupant	967
restraining device. Evidence of that failure shall not be used as	968
a basis for a criminal prosecution of the person other than a	969
prosecution for a violation of this section; and shall not be	970
admissible as evidence in a criminal action involving the person	971
other than a prosecution for a violation of this section.	972

(2) If, at the time of an accident involving a passenger car	973
equipped with occupant restraining devices, any occupant of the	974
passenger car who sustained injury or death was not wearing an	975
available occupant restraining device, was not wearing all of the	976
available elements of such a device, or was not wearing such a	977
device as properly adjusted, then, consistent with the Rules of	978
Evidence, the fact that the occupant was not wearing the available	979
occupant restraining device, was not wearing all of the available	980
elements of such a device, or was not wearing such a device as	981
properly adjusted is admissible in evidence in relation to any	982
claim for relief in a tort action to the extent that the claim for	983
relief satisfies all of the following:	984

(a) It seeks to recover damages for injury or death to the	985
occupant.	986

(b) The defendant in question is the manufacturer, designer,	987
distributor, or seller of the passenger car.	988

(c) The claim for relief against the defendant in question is	989
that the injury or death sustained by the occupant was enhanced or	990
aggravated by some design defect in the passenger car or that the	991
passenger car was not crashworthy.	992

(G)(1) Whoever violates division (B)(1) of this section shall	993
be fined thirty dollars.	994

(2) Whoever violates division (B)(3) of this section shall be	995
fined twenty dollars.	996

(3) Except as otherwise provided in this division, whoever	997
violates division (B)(4) of this section is guilty of a minor	998
misdemeanor. If the offender previously has been convicted of or	999
pleaded guilty to a violation of division (B)(4) of this section,	1000
whoever violates division (B)(4) of this section is guilty of a	1001
misdemeanor of the third degree.	1002

Sec. 4743.05. Except as otherwise provided in sections	1003
4701.20, 4723.062, 4723.082, 4729.65, 4781.121, and 4781.28 of the	1004
Revised Code, all money collected under Chapters 3773., 4701.,	1005
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732.,	1006
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759.,	1007
4761., ~~4766.,~~ 4771., 4775., 4779., and 4781. of the Revised Code	1008
shall be paid into the state treasury to the credit of the	1009
occupational licensing and regulatory fund, which is hereby	1010
created for use in administering such chapters.	1011

At the end of each quarter, the director of budget and	1012
management shall transfer from the occupational licensing and	1013
regulatory fund to the nurse education assistance fund created in	1014
section 3333.28 of the Revised Code the amount certified to the	1015
director under division (B) of section 4723.08 of the Revised	1016
Code.	1017

At the end of each quarter, the director shall transfer from	1018
the occupational licensing and regulatory fund to the certified	1019
public accountant education assistance fund created in section	1020
4701.26 of the Revised Code the amount certified to the director	1021
under division (H)(2) of section 4701.10 of the Revised Code.	1022

Sec. 4765.02. (A)(1) There is hereby created the state board	1023
of emergency medical, fire, and transportation services within the	1024
division of emergency medical services of the department of public	1025
safety. The board shall consist of the members specified in this	1026
section who are residents of this state. The governor, with the	1027
advice and consent of the senate, shall appoint all members of the	1028
board, except the employee of the department of public safety	1029
designated by the director of public safety under this section to	1030
be a member of the board. In making the appointments, the governor	1031
shall appoint only members with background or experience in	1032
emergency medical services or trauma care and shall attempt to	1033
include members representing urban and rural areas, various	1034
geographical regions of the state, and various schools of	1035
training.	1036

(2) One member of the board shall be a physician certified by	1037
the American board of emergency medicine or the American	1038
osteopathic board of emergency medicine who is active in the	1039
practice of emergency medicine and is actively involved with an	1040
emergency medical service organization. The governor shall appoint	1041
this member from among three persons nominated by the Ohio chapter	1042
of the American college of emergency physicians and three persons	1043
nominated by the Ohio osteopathic association. One member shall be	1044
a physician certified by the American board of surgery or the	1045
American osteopathic board of surgery who is active in the	1046
practice of trauma surgery and is actively involved with emergency	1047
medical services. The governor shall appoint this member from	1048
among three persons nominated by the Ohio chapter of the American	1049
college of surgeons and three persons nominated by the Ohio	1050
osteopathic association. One member shall be a physician certified	1051
by the American academy of pediatrics or American osteopathic	1052
board of pediatrics who is active in the practice of pediatric	1053
emergency medicine and actively involved with an emergency medical	1054
service organization. The governor shall appoint this member from	1055
among three persons nominated by the Ohio chapter of the American	1056
academy of pediatrics and three persons nominated by the Ohio	1057
osteopathic association. ~~One member shall be the administrator of~~	1058
~~an adult or pediatric trauma center. The governor shall appoint~~	1059
~~this member from among three persons nominated by the OHA: the~~	1060
~~association for hospitals and health systems, three persons~~	1061
~~nominated by the Ohio osteopathic association, three persons~~	1062
~~nominated by the association of Ohio children's hospitals, and~~	1063
~~three persons nominated by the health forum of Ohio.~~ One member	1064
shall be the administrator of a hospital ~~that is not a trauma~~	1065
~~center~~located in this state. The governor shall appoint this	1066
member from among three persons nominated by OHA: the association	1067
for hospitals and health systems, three persons nominated by the	1068
Ohio osteopathic association, and three persons nominated by the	1069
association of Ohio children's hospitals~~, and three persons~~	1070
~~nominated by the health forum of Ohio~~. One member shall be a	1071
registered nurse with EMS certification who ~~is in the active~~	1072
~~practice of emergency nursing~~performs mobile intensive care or	1073
air medical transport. The governor shall appoint this member from	1074
among three persons nominated by the Ohio nurses association,	1075
three persons nominated by the Ohio association of critical care	1076
transport, and three persons nominated by the Ohio state council	1077
of the emergency nurses association. One member shall be the chief	1078
of a fire department that is also an emergency medical service	1079
organization in which more than fifty per cent of the persons who	1080
provide emergency medical services are full-time paid employees.	1081
The governor shall appoint this member from among three persons	1082
nominated by the Ohio fire chiefs' association. One member shall	1083
be the chief of a fire department that is also an emergency	1084
medical service organization in which more than fifty per cent of	1085
the persons who provide emergency medical services are volunteers.	1086
The governor shall appoint this member from among three persons	1087
nominated by the Ohio fire chiefs' association. One member shall	1088
be a person who is certified to teach under section 4765.23 of the	1089
Revised Code ~~or, if the board has not yet certified persons to~~	1090
~~teach under that section, a person who is qualified to be~~	1091
~~certified to teach under that section~~and holds a valid	1092
certificate to practice as an EMT, advanced EMT, or paramedic. The	1093
governor shall appoint this member from among three persons	1094
nominated by the Ohio emergency medical technician instructors	1095
association and the Ohio instructor/coordinators' society. One	1096
member shall be an ~~EMT-basic, one shall be an EMT-I~~EMT, advanced	1097
EMT, or paramedic, and one member shall be a paramedic. The	1098
governor shall appoint these members from among three ~~EMTs-basic,~~	1099
~~three EMTs-I,~~EMTs or advanced EMTs and three paramedics nominated	1100
by the Ohio association of professional fire fighters ~~and three~~	1101
~~EMTs-basic, three EMTs-I, and three paramedics nominated by the~~	1102
~~northern Ohio fire fighters~~. One member shall be an ~~EMT-basic,~~	1103
~~one shall be an EMT-I~~EMT, advanced EMT, or paramedic, and one	1104
member shall be a paramedic ~~whom the~~. The governor shall appoint	1105
these members from among three ~~EMTs-basic, three EMTs-I,~~EMTs or	1106
advanced EMTs and three paramedics nominated by the Ohio state	1107
firefighter's association. One member shall be a person whom the	1108
governor shall appoint from among an ~~EMT-basic, an EMT-I, and~~EMT,	1109
an advanced EMT, or a paramedic nominated by the Ohio association	1110
of emergency medical services or the Ohio ambulance and medical	1111
transportation association. One member shall be an EMT, an	1112
advanced EMT, or a paramedic, whom the governor shall appoint from	1113
among three persons nominated by the Ohio ambulance and medical	1114
transportation association. One member shall be a paramedic, whom	1115
the governor shall appoint from among three persons nominated by	1116
the Ohio ambulance and medical transportation association. ~~The~~	1117
~~governor shall appoint one member who is an EMT-basic, EMT-I, or~~	1118
~~paramedic affiliated with an emergency medical services~~	1119
~~organization. One member shall be a member of the Ohio ambulance~~	1120
~~association whom the governor shall appoint from among three~~	1121
~~persons nominated by the Ohio ambulance association. One member~~	1122
~~shall be a physician certified by the American board of surgery,~~	1123
~~American board of osteopathic surgery, American osteopathic board~~	1124
~~of emergency medicine, or American board of emergency medicine who~~	1125
~~is the chief medical officer of an air medical agency and is~~	1126
~~currently active in providing emergency medical services. The~~	1127
~~governor shall appoint this member from among three persons~~	1128
~~nominated by the Ohio association of air medical services.~~One	1129
member shall be the owner or operator of a private emergency	1130
medical service organization whom the governor shall appoint from	1131
among three persons nominated by the Ohio ambulance and medical	1132
transportation association. One member shall be a provider of	1133
mobile intensive care unit transportation in this state whom the	1134
governor shall appoint from among not more than three persons	1135
nominated by both the Ohio association of critical care transport	1136
and the Ohio ambulance and medical transportation association, and	1137
each person nominated shall be a member of both organizations at	1138
the time of nomination. One member shall be a provider of	1139
air-medical transportation in this state whom the governor shall	1140
appoint from among three persons nominated by the Ohio association	1141
of critical care transport. One member shall be the owner or	1142
operator of a nonemergency medical service organization in this	1143
state that provides ambulette services whom the governor shall	1144
appoint from among three persons nominated by the Ohio ambulance	1145
and medical transportation association.	1146

The governor may refuse to appoint any of the persons	1147
nominated by one or more organizations under division (A)(2) of	1148
this section, except the employee of the department of public	1149
safety designated by the director of public safety under this	1150
section to be a member of the board. In that event, the	1151
organization or organizations shall continue to nominate the	1152
required number of persons until the governor appoints to the	1153
board one or more of the persons nominated by the organization or	1154
organizations.	1155

The director of public safety shall designate an employee of	1156
the department of public safety to serve as a member of the board	1157
at the director's pleasure. This member shall serve as a liaison	1158
between the department and the division of emergency medical	1159
services in cooperation with the executive director of the board.	1160

~~Initial appointments to the board by the governor and the~~	1161
~~director of public safety shall be made within ninety days after~~	1162
~~November 12, 1992. Of the initial appointments by the governor,~~	1163
~~five shall be for terms ending one year after November 12, 1992,~~	1164
~~six shall be for terms ending two years after November 12, 1992,~~	1165
~~and six shall be for terms ending three years after November 12,~~	1166
~~1992. Within ninety days after the effective date of this~~	1167
~~amendment, the governor shall appoint the member of the board who~~	1168
~~is the chief medical officer of an air medical agency for an~~	1169
~~initial term ending November 12, 2000. Thereafter, terms~~	1170

(B) Terms of office of all members appointed by the governor	1171
shall be for three years, each term ending on the same day of the	1172
same month as did the term it succeeds. Each member shall hold	1173
office from the date of appointment until the end of the term for	1174
which the member was appointed. A member shall continue in office	1175
subsequent to the expiration date of the member's term until the	1176
member's successor takes office, or until a period of sixty days	1177
has elapsed, whichever occurs first.	1178

Each vacancy shall be filled in the same manner as the	1179
original appointment. A member appointed to fill a vacancy	1180
occurring prior to the expiration of the term for which the	1181
member's predecessor was appointed shall hold office for the	1182
remainder of the unexpired term.	1183

The term of a member shall expire if the member ceases to	1184
meet any of the requirements to be appointed as that member. The	1185
governor may remove any member from office for neglect of duty,	1186
malfeasance, misfeasance, or nonfeasance, after an adjudication	1187
hearing held in accordance with Chapter 119. of the Revised Code.	1188

(C) The members of the board shall serve without compensation	1189
but shall be reimbursed for their actual and necessary expenses	1190
incurred in carrying out their duties as board members.	1191

(D) The board shall organize by annually selecting a chair	1192
and vice-chair from among its members. The board may adopt bylaws	1193
to regulate its affairs. A majority of all members of the board	1194
shall constitute a quorum. No action shall be taken without the	1195
concurrence of a majority of all members of the board. The board	1196
shall meet at least four times annually and at the call of the	1197
chair. The chair shall call a meeting on the request of the	1198
executive director or the medical director of the board or on the	1199
written request of five members. The board shall maintain written	1200
or electronic records of its meetings.	1201

(E) Upon twenty-four hours' notice from a member of the	1202
board, the member's employer shall release the member from the	1203
member's employment duties to attend meetings of the full board.	1204
Nothing in this ~~paragraph~~division requires the employer of a	1205
member of the board to compensate the member for time the member	1206
is released from employment duties under this paragraph, but any	1207
civil immunity, workers' compensation, disability, or similar	1208
coverage that applies to a member of the board as a result of the	1209
member's employment shall continue to apply while the member is	1210
released from employment duties under this paragraph.	1211

Sec. 4765.03. (A) The director of public safety shall	1212
appoint a full-time executive director for the state board of	1213
emergency medical, fire, and transportation services. The	1214
executive director shall be knowledgeable in emergency medical	1215
services and trauma care and shall serve at the pleasure of the	1216
director of public safety. The director of public safety shall	1217
appoint the executive director from among three persons nominated	1218
by the board. The director of public safety may refuse, for cause,	1219
to appoint any of the board's nominees. If the director fails to	1220
appoint any of the board's nominees, the board shall continue to	1221
nominate groups of three persons until the director does appoint	1222
one of the board's nominees. The executive director shall serve as	1223
the chief executive officer of the board and as the executive	1224
director of the division of emergency medical services. The	1225
executive director shall attend each meeting of the board, except	1226
the board may exclude the executive director from discussions	1227
concerning the employment or performance of the executive director	1228
or medical director of the board. The executive director shall	1229
give a surety bond to the state in such sum as the board	1230
determines, conditioned on the faithful performance of the duties	1231
of the executive director's office. The executive director shall	1232
receive a salary from the board and shall be reimbursed for actual	1233
and necessary expenses incurred in carrying out duties as	1234
executive director.	1235

The executive director shall submit a report to the director	1236
of public safety at least every three months regarding the status	1237
of emergency medical services in this state. The executive	1238
director shall meet with the director of public safety at the	1239
director's request.	1240

(B) The board shall appoint a medical director, who shall	1241
serve at the pleasure of the board. The medical director shall be	1242
a physician certified by the American board of emergency medicine	1243
or the American osteopathic board of emergency medicine who is	1244
active in the practice of emergency medicine and has been actively	1245
involved with an emergency medical service organization for at	1246
least five years prior to being appointed. The board shall	1247
consider any recommendations for this appointment from the Ohio	1248
chapter of the American college of emergency physicians, the Ohio	1249
chapter of the American college of surgeons, the Ohio chapter of	1250
the American academy of pediatrics, the Ohio osteopathic	1251
association, and the Ohio state medical association.	1252

The medical director shall direct the executive director and	1253
advise the board with regard to adult and pediatric trauma and	1254
emergency medical services issues. The medical director shall	1255
attend each meeting of the board, except the board may exclude the	1256
medical director from discussions concerning the appointment or	1257
performance of the medical director or executive director of the	1258
board. The medical director shall be employed and paid by the	1259
board and shall be reimbursed for actual and necessary expenses	1260
incurred in carrying out duties as medical director.	1261

(C) The board may appoint employees as it determines	1262
necessary. The board shall prescribe the duties and titles of its	1263
employees.	1264

Sec. 4765.04. (A) The firefighter and fire safety inspector	1265
training committee of the state board of emergency medical, fire,	1266
and transportation services is hereby created and shall consist of	1267
the members of the board who are chiefs of fire departments, and	1268
the members of the board who are emergency medical	1269
technicians-basic, emergency medical technicians-intermediate, and	1270
emergency medical technicians-paramedic appointed from among	1271
persons nominated by the Ohio association of professional fire	1272
fighters ~~or the northern Ohio fire fighters~~ and from among persons	1273
nominated by the Ohio state firefighter's association. Each member	1274
of the committee, except the chairperson, may designate a person	1275
with fire experience to serve in that member's place. The members	1276
of the committee or their designees shall select a chairperson	1277
from among the members or their designees.	1278

The committee may conduct investigations in the course of	1279
discharging its duties under this chapter. In the course of an	1280
investigation, the committee may issue subpoenas. If a person	1281
subpoenaed fails to comply with the subpoena, the committee may	1282
authorize its chairperson to apply to the court of common pleas in	1283
the county where the person to be subpoenaed resides for an order	1284
compelling compliance in the same manner as compliance with a	1285
subpoena issued by the court is compelled.	1286

(B) The trauma committee of the state board of emergency	1287
medical, fire, and transportation services is hereby created and	1288
shall consist of the following members appointed by the director	1289
of public safety:	1290

(1) A physician who is certified by the American board of	1291
surgery or American osteopathic board of surgery and actively	1292
practices general trauma surgery, appointed from among three	1293
persons nominated by the Ohio chapter of the American college of	1294
surgeons, three persons nominated by the Ohio state medical	1295
association, and three persons nominated by the Ohio osteopathic	1296
association;	1297

(2) A physician who is certified by the American board of	1298
surgery or the American osteopathic board of surgery and actively	1299
practices orthopedic trauma surgery, appointed from among three	1300
persons nominated by the Ohio orthopedic society and three persons	1301
nominated by the Ohio osteopathic association;	1302

(3) A physician who is certified by the American board of	1303
neurological surgeons or the American osteopathic board of surgery	1304
and actively practices neurosurgery on trauma victims, appointed	1305
from among three persons nominated by the Ohio state neurological	1306
society and three persons nominated by the Ohio osteopathic	1307
association;	1308

(4) A physician who is certified by the American board of	1309
surgeons or American osteopathic board of surgeons and actively	1310
specializes in treating burn victims, appointed from among three	1311
persons nominated by the Ohio chapter of the American college of	1312
surgeons and three persons nominated by the Ohio osteopathic	1313
association;	1314

(5) A dentist who is certified by the American board of oral	1315
and maxillofacial surgery and actively practices oral and	1316
maxillofacial surgery, appointed from among three persons	1317
nominated by the Ohio dental association;	1318

(6) A physician who is certified by the American board of	1319
physical medicine and rehabilitation or American osteopathic board	1320
of rehabilitation medicine and actively provides rehabilitative	1321
care to trauma victims, appointed from among three persons	1322
nominated by the Ohio society of physical medicine and	1323
rehabilitation and three persons nominated by the Ohio osteopathic	1324
association;	1325

(7) A physician who is certified by the American board of	1326
surgery or American osteopathic board of surgery with special	1327
qualifications in pediatric surgery and actively practices	1328
pediatric trauma surgery, appointed from among three persons	1329
nominated by the Ohio chapter of the American academy of	1330
pediatrics and three persons nominated by the Ohio osteopathic	1331
association;	1332

(8) A physician who is certified by the American board of	1333
emergency medicine or American osteopathic board of emergency	1334
medicine, actively practices emergency medicine, and is actively	1335
involved in emergency medical services, appointed from among three	1336
persons nominated by the Ohio chapter of the American college of	1337
emergency physicians and three persons nominated by the Ohio	1338
osteopathic association;	1339

(9) A physician who is certified by the American board of	1340
pediatrics, American osteopathic board of pediatrics, or American	1341
board of emergency medicine, is sub-boarded in pediatric emergency	1342
medicine, actively practices pediatric emergency medicine, and is	1343
actively involved in emergency medical services, appointed from	1344
among three persons nominated by the Ohio chapter of the American	1345
academy of pediatrics, three persons nominated by the Ohio chapter	1346
of the American college of emergency physicians, and three persons	1347
nominated by the Ohio osteopathic association;	1348

(10) A physician who is certified by the American board of	1349
surgery, American osteopathic board of surgery, or American board	1350
of emergency medicine and is the chief medical officer of an air	1351
medical organization, appointed from among three persons nominated	1352
by the Ohio association of air medical services;	1353

(11) A coroner or medical examiner appointed from among three	1354
people nominated by the Ohio state coroners' association;	1355

(12) A registered nurse who actively practices trauma nursing	1356
at an adult or pediatric trauma center, appointed from among three	1357
persons nominated by the Ohio association of trauma nurse	1358
coordinators;	1359

(13) A registered nurse who actively practices emergency	1360
nursing and is actively involved in emergency medical services,	1361
appointed from among three persons nominated by the Ohio chapter	1362
of the emergency nurses' association;	1363

(14) The chief trauma registrar of an adult or pediatric	1364
trauma center, appointed from among three persons nominated by the	1365
alliance of Ohio trauma registrars;	1366

(15) The administrator of an adult or pediatric trauma	1367
center, appointed from among three persons nominated by OHA: the	1368
association for hospitals and health systems, three persons	1369
nominated by the Ohio osteopathic association, three persons	1370
nominated by the association of Ohio children's hospitals, and	1371
three persons nominated by the health forum of Ohio;	1372

(16) The administrator of a hospital that is not a trauma	1373
center and actively provides emergency care to adult or pediatric	1374
trauma patients, appointed from among three persons nominated by	1375
OHA: the association for hospitals and health systems, three	1376
persons nominated by the Ohio osteopathic association, three	1377
persons nominated by the association of Ohio children's hospitals,	1378
and three persons nominated by the health forum of Ohio;	1379

(17) The operator of an ambulance company that actively	1380
provides trauma care to emergency patients, appointed from among	1381
three persons nominated by the Ohio ambulance association;	1382

(18) The chief of a fire department that actively provides	1383
trauma care to emergency patients, appointed from among three	1384
persons nominated by the Ohio fire chiefs' association;	1385

(19) An EMT or paramedic who is certified under this chapter	1386
and actively provides trauma care to emergency patients, appointed	1387
from among three persons nominated by the Ohio association of	1388
professional firefighters, three persons nominated by the northern	1389
Ohio fire fighters, three persons nominated by the Ohio state	1390
firefighters' association, and three persons nominated by the Ohio	1391
association of emergency medical services;	1392

(20) A person who actively advocates for trauma victims,	1393
appointed from three persons nominated by the Ohio brain injury	1394
association and three persons nominated by the governor's council	1395
on people with disabilities;	1396

(21) A physician or nurse who has substantial administrative	1397
responsibility for trauma care provided in or by an adult or	1398
pediatric trauma center, appointed from among three persons	1399
nominated by OHA: the association for hospitals and health	1400
systems, three persons nominated by the Ohio osteopathic	1401
association, three persons nominated by the association of Ohio	1402
children's hospitals, and three persons nominated by the health	1403
forum of Ohio;	1404

(22) Three representatives of hospitals that are not trauma	1405
centers and actively provide emergency care to trauma patients,	1406
appointed from among three persons nominated by OHA: the	1407
association for hospitals and health systems, three persons	1408
nominated by the Ohio osteopathic association, three persons	1409
nominated by the association of Ohio children's hospitals, and	1410
three persons nominated by the health forum of Ohio. The	1411
representatives may be hospital administrators, physicians,	1412
nurses, or other clinical professionals.	1413

Members of the committee shall have substantial experience in	1414
the categories they represent, shall be residents of this state,	1415
and may be members of the state board of emergency medical, fire,	1416
and transportation services. In appointing members of the	1417
committee, the director shall attempt to include members	1418
representing urban and rural areas, various geographical areas of	1419
the state, and various schools of training. The director shall not	1420
appoint to the committee more than one member who is employed by	1421
or practices at the same hospital, health system, or emergency	1422
medical service organization.	1423

The director may refuse to appoint any of the persons	1424
nominated by an organization or organizations under this division.	1425
In that event, the organization or organizations shall continue to	1426
nominate the required number of persons until the director	1427
appoints to the committee one or more of the persons nominated by	1428
the organization or organizations.	1429

Initial appointments to the committee shall be made by the	1430
director not later than ninety days after November 3, 2000.	1431
Members of the committee shall serve at the pleasure of the	1432
director, except that any member of the committee who ceases to be	1433
qualified for the position to which the member was appointed shall	1434
cease to be a member of the committee. Vacancies on the committee	1435
shall be filled in the same manner as original appointments.	1436

The members of the committee shall serve without compensation	1437
but shall be reimbursed for actual and necessary expenses incurred	1438
in carrying out duties as members of the committee.	1439

The committee shall select a chairperson and vice-chairperson	1440
from among its members. A majority of all members of the committee	1441
shall constitute a quorum. No action shall be taken without the	1442
concurrence of a majority of all members of the committee. The	1443
committee shall meet at the call of the chair, upon written	1444
request of five members of the committee, and at the direction of	1445
the state board of emergency medical, fire, and transportation	1446
services. The committee shall not meet at times or locations that	1447
conflict with meetings of the board. The executive director and	1448
medical director of the state board of emergency medical, fire,	1449
and transportation services may participate in any meeting of the	1450
committee and shall do so at the request of the committee.	1451

The committee shall advise and assist the state board of	1452
emergency medical, fire, and transportation services in matters	1453
related to adult and pediatric trauma care and the establishment	1454
and operation of the state trauma registry. In matters relating to	1455
the state trauma registry, the board and the committee shall	1456
consult with trauma registrars from adult and pediatric trauma	1457
centers in the state. The committee may appoint a subcommittee to	1458
advise and assist with the trauma registry. The subcommittee may	1459
include persons with expertise relevant to the trauma registry who	1460
are not members of the board or committee.	1461

(C) The state board of emergency medical, fire, and	1462
transportation services may appoint other committees and	1463
subcommittees as it considers necessary.	1464

(D) The state board of emergency medical, fire, and	1465
transportation services, and any of its committees or	1466
subcommittees, may request assistance from any state agency. The	1467
board and its committees and subcommittees may permit persons who	1468
are not members of those bodies to participate in deliberations of	1469
those bodies, but no person who is not a member of the board shall	1470
vote on the board and no person who is not a member of a committee	1471
created under division (A) or (B) of this section shall vote on	1472
that committee.	1473

(E) Sections 101.82 to 101.87 of the Revised Code do not	1474
apply to the committees established under division (A) or (B) of	1475
this section.	1476

Sec. 4765.05. (A) As used in this section, "prehospital	1477
emergency medical services" means an emergency medical services	1478
system that provides medical services to patients who require	1479
immediate assistance, because of illness or injury, prior to their	1480
arrival at an emergency medical facility.	1481

(B) The state board of emergency medical, fire, and	1482
transportation services shall divide the state geographically into	1483
prehospital emergency medical services regions for purposes of	1484
overseeing the delivery of adult and pediatric prehospital	1485
emergency medical services. For each prehospital emergency medical	1486
services region, the state board of emergency medical, fire, and	1487
transportation services shall appoint either a physician to serve	1488
as the regional director or a physician advisory board to serve as	1489
the regional advisory board. The state board of emergency medical,	1490
fire, and transportation services shall specify the duties of each	1491
regional director and regional advisory board. Regional directors	1492
and members of regional advisory boards shall serve without	1493
compensation, but shall be reimbursed for actual and necessary	1494
expenses incurred in carrying out duties as regional directors and	1495
members of regional advisory boards.	1496

(C) Nothing in this section shall be construed to limit in	1497
any way the ability of a hospital to determine the market area of	1498
that hospital.	1499

Sec. 4765.06. (A) The state board of emergency medical,	1500
fire, and transportation services shall establish an emergency	1501
medical services incidence reporting system for the collection of	1502
information regarding the delivery of emergency medical services	1503
in this state and the frequency at which the services are	1504
provided. All emergency medical service organizations shall submit	1505
to the board any information that the board determines is	1506
necessary for maintaining the incidence reporting system.	1507

(B) The board shall establish a state trauma registry to be	1508
used for the collection of information regarding the care of adult	1509
and pediatric trauma victims in this state. The registry shall	1510
provide for the reporting of adult and pediatric trauma-related	1511
deaths, identification of adult and pediatric trauma patients,	1512
monitoring of adult and pediatric trauma patient care data,	1513
determination of the total amount of uncompensated adult and	1514
pediatric trauma care provided annually by each facility that	1515
provides care to trauma victims, and collection of any other	1516
information specified by the board. All persons designated by the	1517
board shall submit to the board any information it determines is	1518
necessary for maintaining the state trauma registry. At the	1519
request of the board any state agency possessing information	1520
regarding adult or pediatric trauma care shall provide the	1521
information to the board. The board shall maintain the state	1522
trauma registry in accordance with rules adopted under section	1523
4765.11 of the Revised Code.	1524

Rules relating to the state trauma registry adopted under	1525
this section and section 4765.11 of the Revised Code shall not	1526
prohibit the operation of other trauma registries and may provide	1527
for the reporting of information to the state trauma registry by	1528
or through other trauma registries in a manner consistent with	1529
information otherwise reported to the state trauma registry. Other	1530
trauma registries may report aggregate information to the state	1531
trauma registry, provided the information can be matched to the	1532
person that reported it. Information maintained by another trauma	1533
registry and reported to the state trauma registry in lieu of	1534
being reported directly to the state trauma registry is a public	1535
record and shall be maintained, made available to the public, held	1536
in confidence, risk adjusted, and not subject to discovery or	1537
introduction into evidence in a civil action as provided in	1538
section 149.43 of the Revised Code and this section. Any person	1539
who provides, maintains, or risk adjusts such information shall	1540
comply with this section and rules adopted under it in performing	1541
that function and has the same immunities with respect to that	1542
function as a person who performs that function with respect to	1543
the state trauma registry.	1544

(C) The board and any employee or contractor of the board or	1545
the department of public safety shall not make public information	1546
it receives under Chapter 4765. of the Revised Code that	1547
identifies or would tend to identify a specific recipient of	1548
emergency medical services or adult or pediatric trauma care.	1549

(D) Not later than two years after November 3, 2000, the	1550
board shall adopt and implement rules under section 4765.11 of the	1551
Revised Code that provide written standards and procedures for	1552
risk adjustment of information received by the board under Chapter	1553
4765. of the Revised Code. The rules shall be developed in	1554
consultation with appropriate medical, hospital, and emergency	1555
medical service organizations and may provide for risk adjustment	1556
by a contractor of the board. Except as provided in division (G)	1557
of this section, before risk adjustment standards and procedures	1558
are implemented, no member of the board and no employee or	1559
contractor of the board or the department of public safety shall	1560
make public information received by the board under Chapter 4765.	1561
of the Revised Code that identifies or would tend to identify a	1562
specific provider of emergency medical services or adult or	1563
pediatric trauma care. Except as provided in division (G) of this	1564
section, after risk adjustment standards and procedures are	1565
implemented, the board shall make public such information only on	1566
a risk adjusted basis.	1567

(E) The board shall adopt rules under section 4765.11 of the	1568
Revised Code that specify procedures for ensuring the	1569
confidentiality of information that is not to be made public under	1570
this section. The rules shall specify the circumstances in which	1571
deliberations of the persons performing risk adjustment functions	1572
under this section are not open to the public and records of those	1573
deliberations are maintained in confidence. Nothing in this	1574
section prohibits the board from making public statistical	1575
information that does not identify or tend to identify a specific	1576
recipient or provider of emergency medical services or adult or	1577
pediatric trauma care.	1578

(F) No provider that furnishes information to the board with	1579
respect to any patient the provider examined or treated shall,	1580
because of this furnishing, be deemed liable in damages to any	1581
person or be held to answer for betrayal of a professional	1582
confidence in the absence of willful or wanton misconduct. No such	1583
information shall be subject to introduction in evidence in any	1584
civil action against the provider. No provider that furnishes	1585
information to the board shall be liable for the misuse or	1586
improper release of the information by the board or any other	1587
person.	1588

No person who performs risk adjustment functions under this	1589
section shall, because of performing such functions, be held	1590
liable in a civil action for betrayal of professional confidence	1591
or otherwise in the absence of willful or wanton misconduct.	1592

(G) The board may transmit data that identifies or tends to	1593
identify a specific provider of emergency medical services care	1594
and has not been risk-adjusted from the emergency medical services	1595
incident reporting system directly to the national emergency	1596
medical services information system, pursuant to a written	1597
contract between the board and the federal agency that administers	1598
the national emergency medical services information system, which	1599
shall ensure to the maximum extent permitted by federal law that	1600
such agency shall use such data solely for inclusion in the	1601
national emergency medical services information system and shall	1602
not disclose such data to the public, through legal discovery, a	1603
freedom of information request, or otherwise, in a manner that	1604
identifies or tends to identify a specific provider of emergency	1605
medical services care.	1606

Sec. 4765.07. (A) The state board of emergency medical,	1607
fire, and transportation services shall adopt rules under section	1608
4765.11 of the Revised Code to establish and administer a grant	1609
program under which grants are distributed according to the	1610
following priorities:	1611

(1) First priority shall be given to emergency medical	1612
service organizations for the training of personnel, for the	1613
purchase of equipment and vehicles, and to improve the	1614
availability, accessibility, and quality of emergency medical	1615
services in this state. In this category, the board shall give	1616
priority to grants that fund training and equipping of emergency	1617
medical service personnel.	1618

(2) Second priority shall be given to entities that research,	1619
test, and evaluate medical procedures and systems related to adult	1620
and pediatric trauma care.	1621

(3) Third priority shall be given to entities that research	1622
the causes, nature, and effects of traumatic injuries, educate the	1623
public about injury prevention, and implement, test, and evaluate	1624
injury prevention strategies.	1625

(4) Fourth priority shall be given to entities that research,	1626
test, and evaluate procedures that promote the rehabilitation,	1627
retraining, and reemployment of adult or pediatric trauma victims	1628
and social service support mechanisms for adult or pediatric	1629
trauma victims and their families.	1630

(5) Fifth priority shall be given to entities that conduct	1631
research on, test, or evaluate one or more of the following:	1632

(a) Procedures governing the performance of emergency medical	1633
services in this state;	1634

(b) The training of emergency medical service personnel;

1635

1636

(6) For grants distributed for the grant award years	1637
occurring not later than the award year ending June 30, 2017,	1638
sixth priority shall be given to entities that operate paramedic	1639
training programs and are seeking national accreditation of the	1640
programs.	1641

(B) To be eligible for a grant distributed pursuant to	1642
division (A)(6) of this section, an applicant for the grant shall	1643
meet all of the following conditions:	1644

(1) Hold a certificate of accreditation issued by the board	1645
under section 4765.17 of the Revised Code to operate a paramedic	1646
training program;	1647

(2) Be seeking initial national accreditation of the program	1648
from an accrediting organization approved by the board;	1649

(3) Apply for the national accreditation on or after February	1650
25, 2010.	1651

(C) The grant program shall be funded from the trauma and	1652
emergency medical services fund created by section 4513.263 of the	1653
Revised Code.	1654

Sec. 4765.08. The state board of emergency medical, fire,	1655
and transportation services shall prepare a statewide emergency	1656
medical services plan and shall revise the plan as necessary.	1657

The board shall prepare a plan for the statewide regulation	1658
of emergency medical services during periods of disaster. The plan	1659
shall be consistent with the statewide emergency medical services	1660
plan required under this section and with the statewide emergency	1661
operations plan required under section 5502.22 of the Revised	1662
Code. The board shall submit the plan to the emergency management	1663
agency created under section 5502.22 of the Revised Code. The	1664
board shall cooperate with the agency in any other manner the	1665
agency considers necessary to develop and implement the statewide	1666
emergency operations plan.	1667

Sec. 4765.09. The state board of emergency medical, fire,	1668
and transportation services shall prepare recommendations for the	1669
operation of ambulance service organizations, air medical	1670
organizations, and emergency medical service organizations. Within	1671
thirty days following the preparation or modification of	1672
recommendations, the board shall notify the board of county	1673
commissioners of any county, the board of township trustees of any	1674
township, the board of trustees of any joint ambulance district,	1675
or the board of trustees of any joint emergency medical services	1676
district in which there exist ambulance service organizations, air	1677
medical organizations, or emergency medical service organizations	1678
of any board recommendations for the operation of such	1679
organizations. The recommendations shall include, but not be	1680
limited to:	1681

(A) The definition and classification of ambulances and	1682
medical aircraft;	1683

(B) The design, equipment, and supplies for ambulances and	1684
medical aircraft, including special equipment, supplies, training,	1685
and staffing required to assist pediatric and geriatric emergency	1686
victims;	1687

(C) The minimum number and type of personnel for the	1688
operation of ambulances and medical aircraft;	1689

(D) The communication systems necessary for the operation of	1690
ambulances and medical aircraft;	1691

(E) Reports to be made by persons holding certificates of	1692
accreditation or approval issued under section 4765.17 of the	1693
Revised Code and certificates to practice issued under section	1694
4765.30 of the Revised Code to ascertain compliance with this	1695
chapter and the rules and recommendations adopted thereunder and	1696
to ascertain the quantity and quality of ambulance service	1697
organizations, air medical organizations, and emergency medical	1698
service organizations throughout the state.	1699

Sec. 4765.10. (A) The state board of emergency medical,	1700
fire, and transportation services shall do all of the following:	1701

(1) Administer and enforce the provisions of this chapter and	1702
the rules adopted under it;	1703

(2) Approve, in accordance with procedures established in	1704
rules adopted under section 4765.11 of the Revised Code,	1705
examinations that demonstrate competence to have a certificate to	1706
practice renewed without completing a continuing education	1707
program;	1708

(3) Advise applicants for state or federal emergency medical	1709
services funds, review and comment on applications for these	1710
funds, and approve the use of all state and federal funds	1711
designated solely for emergency medical service programs unless	1712
federal law requires another state agency to approve the use of	1713
all such federal funds;	1714

(4) Serve as a statewide clearinghouse for discussion,	1715
inquiry, and complaints concerning emergency medical services;	1716

(5) Make recommendations to the general assembly on	1717
legislation to improve the delivery of emergency medical services;	1718

(6) Maintain a toll-free long distance telephone number	1719
through which it shall respond to questions about emergency	1720
medical services;	1721

(7) Work with appropriate state offices in coordinating the	1722
training of firefighters and emergency medical service personnel.	1723
Other state offices that are involved in the training of	1724
firefighters or emergency medical service personnel shall	1725
cooperate with the board and its committees and subcommittees to	1726
achieve this goal.	1727

(8) Provide a liaison to the state emergency operation center	1728
during those periods when a disaster, as defined in section	1729
5502.21 of the Revised Code, has occurred in this state and the	1730
governor has declared an emergency as defined in that section.	1731

(B) The board may do any of the following:

1732

(1) Investigate complaints concerning emergency medical	1733
services and emergency medical service organizations as it	1734
determines necessary;	1735

(2) Enter into reciprocal agreements with other states that	1736
have standards for accreditation of emergency medical services	1737
training programs and for certification of first responders,	1738
EMTs-basic, EMTs-I, paramedics, firefighters, or fire safety	1739
inspectors that are substantially similar to those established	1740
under this chapter and the rules adopted under it;	1741

(3) Establish a statewide public information system and	1742
public education programs regarding emergency medical services;	1743

(4) Establish an injury prevention program.

1744

Sec. 4765.101. (A) The state board of emergency medical,	1745
fire, and transportation services shall investigate any allegation	1746
that a person has violated this chapter or a rule adopted under	1747
it.	1748

Any person may submit to the board a written complaint	1749
regarding an alleged violation of this chapter or a rule adopted	1750
under it. In the absence of fraud or bad faith, no person	1751
submitting a complaint to the board or testifying in an	1752
adjudication hearing conducted in accordance with Chapter 119. of	1753
the Revised Code with regard to such an alleged violation shall be	1754
liable to any person in damages in a civil action as a result of	1755
submitting the complaint or providing testimony.	1756

(B) In investigating an allegation, the board may do any of	1757
the following:	1758

(1) Administer oaths;

1759

(2) Order the taking of depositions;

1760

(3) Issue subpoenas;

1761

(4) Compel the attendance of witnesses and production of	1762
books, accounts, papers, records, documents, and testimony.	1763

(C) A subpoena for patient record information shall not be	1764
issued without consultation with the attorney general's office and	1765
approval of the executive director of the board. Before issuance	1766
of a subpoena for patient record information, the executive	1767
director shall determine whether there is probable cause to	1768
believe that the complaint filed alleges a violation of this	1769
chapter or any rule adopted under it and that the records sought	1770
are relevant to the alleged violation and material to the	1771
investigation. The subpoena may apply only to records that cover a	1772
reasonable period of time surrounding the alleged violation.	1773

(D) On failure to comply with any subpoena issued by the	1774
board and after reasonable notice to the person being subpoenaed,	1775
the board may move, pursuant to the Rules of Civil Procedure, for	1776
an order compelling the production of persons or records.	1777

(E) A subpoena issued by the board may be served by a	1778
sheriff, the sheriff's deputy, or an investigator for the division	1779
of emergency medical services of the department of public safety.	1780
Service of a subpoena issued by the board may be made by	1781
delivering a copy of the subpoena to the person named in it,	1782
reading it to the person, or leaving it at the person's usual	1783
place of residence. When the person being served is an individual	1784
authorized by this chapter to practice emergency medical services,	1785
service of the subpoena may be made by certified mail, restricted	1786
delivery, return receipt requested, and the subpoena shall be	1787
deemed served on the date delivery is made or on the date that the	1788
person refuses to accept delivery.	1789

Sec. 4765.102. (A) As used in this section, "licensing	1790
agency" means any entity that has the authority pursuant to Title	1791
XLVII of the Revised Code to issue a license, and any other agency	1792
of this or another state, other than the Ohio supreme court, that	1793
has the authority to issue a license that authorizes an individual	1794
to engage in an occupation or profession. "Licensing agency"	1795
includes an administrative officer that has authority to issue a	1796
license that authorizes an individual to engage in an occupation	1797
or profession.	1798

(B) Except as provided in divisions (C) and (D) of this	1799
section and section 4765.111 of the Revised Code, all information	1800
the state board of emergency medical, fire, and transportation	1801
services receives pursuant to an investigation, including	1802
information regarding an alleged violation of this chapter or	1803
rules adopted under it or a complaint submitted under division (A)	1804
of section 4765.101 of the Revised Code, is confidential, and is	1805
not subject to discovery in any civil action, during the course of	1806
the investigation and any adjudication proceedings that result	1807
from the investigation. Upon completion of the investigation and	1808
any resulting adjudication proceedings, the information is a	1809
matter of public record for purposes of section 149.43 of the	1810
Revised Code.	1811

(C) The board may release information otherwise made	1812
confidential by division (B) of this section to law enforcement	1813
officers or licensing agencies of this or another state that are	1814
prosecuting, adjudicating, or investigating the holder of a	1815
certificate issued under this chapter or a person who allegedly	1816
engaged in the unauthorized provision of emergency medical	1817
services.	1818

A law enforcement officer or licensing agency with	1819
information disclosed by the board under this division shall not	1820
divulge the information other than for the purpose of an	1821
adjudication by a court or licensing agency to which the subject	1822
of the adjudication is a party.	1823

(D) If an investigation conducted under section 4765.101 of	1824
the Revised Code requires a review of patient records, the	1825
investigation and proceedings related to it shall be conducted in	1826
such a manner as to protect patient confidentiality. The board	1827
shall not make public the name or any other identifying	1828
information about a patient unless proper consent is given in	1829
accordance with rules adopted by the board. If the patient is less	1830
than eighteen years of age, the board shall obtain consent from	1831
the patient's parent, guardian, or custodian.	1832

Sec. 4765.11. (A) The state board of emergency medical,	1833
fire, and transportation services shall adopt, and may amend and	1834
rescind, rules in accordance with Chapter 119. of the Revised Code	1835
and division (C) of this section that establish all of the	1836
following:	1837

(1) Procedures for its governance and the control of its	1838
actions and business affairs;	1839

(2) Standards for the performance of emergency medical	1840
services by first responders, emergency medical technicians-basic,	1841
emergency medical technicians-intermediate, and emergency medical	1842
technicians-paramedic;	1843

(3) Application fees for certificates of accreditation,	1844
certificates of approval, certificates to teach, and certificates	1845
to practice, which shall be deposited into the trauma and	1846
emergency medical services fund created in section 4513.263 of the	1847
Revised Code;	1848

(4) Criteria for determining when the application or renewal	1849
fee for a certificate to practice may be waived because an	1850
applicant cannot afford to pay the fee;	1851

(5) Procedures for issuance and renewal of certificates of	1852
accreditation, certificates of approval, certificates to teach,	1853
and certificates to practice, including any procedures necessary	1854
to ensure that adequate notice of renewal is provided in	1855
accordance with division (D) of section 4765.30 of the Revised	1856
Code;	1857

(6) Procedures for suspending or revoking certificates of	1858
accreditation, certificates of approval, certificates to teach,	1859
and certificates to practice;	1860

(7) Grounds for suspension or revocation of a certificate to	1861
practice issued under section 4765.30 of the Revised Code and for	1862
taking any other disciplinary action against a first responder,	1863
EMT-basic, EMT-I, or paramedic;	1864

(8) Procedures for taking disciplinary action against a first	1865
responder, EMT-basic, EMT-I, or paramedic;	1866

(9) Standards for certificates of accreditation and	1867
certificates of approval;	1868

(10) Qualifications for certificates to teach;

1869

(11) Requirements for a certificate to practice;

1870

(12) The curricula, number of hours of instruction and	1871
training, and instructional materials to be used in adult and	1872
pediatric emergency medical services training programs and adult	1873
and pediatric emergency medical services continuing education	1874
programs;	1875

(13) Procedures for conducting courses in recognizing	1876
symptoms of life-threatening allergic reactions and in calculating	1877
proper dosage levels and administering injections of epinephrine	1878
to adult and pediatric patients who suffer life-threatening	1879
allergic reactions;	1880

(14) Examinations for certificates to practice;

1881

(15) Procedures for administering examinations for	1882
certificates to practice;	1883

(16) Procedures for approving examinations that demonstrate	1884
competence to have a certificate to practice renewed without	1885
completing an emergency medical services continuing education	1886
program;	1887

(17) Procedures for granting extensions and exemptions of	1888
emergency medical services continuing education requirements;	1889

(18) Procedures for approving the additional emergency	1890
medical services first responders are authorized by division (C)	1891
of section 4765.35 of the Revised Code to perform, EMTs-basic are	1892
authorized by division (C) of section 4765.37 of the Revised Code	1893
to perform, EMTs-I are authorized by division (B)(5) of section	1894
4765.38 of the Revised Code to perform, and paramedics are	1895
authorized by division (B)(6) of section 4765.39 of the Revised	1896
Code to perform;	1897

(19) Standards and procedures for implementing the	1898
requirements of section 4765.06 of the Revised Code, including	1899
designations of the persons who are required to report information	1900
to the board and the types of information to be reported;	1901

(20) Procedures for administering the emergency medical	1902
services grant program established under section 4765.07 of the	1903
Revised Code;	1904

(21) Procedures consistent with Chapter 119. of the Revised	1905
Code for appealing decisions of the board;	1906

(22) Minimum qualifications and peer review and quality	1907
improvement requirements for persons who provide medical direction	1908
to emergency medical service personnel;	1909

(23) The manner in which a patient, or a patient's parent,	1910
guardian, or custodian may consent to the board releasing	1911
identifying information about the patient under division (D) of	1912
section 4765.102 of the Revised Code;	1913

(24) Circumstances under which a training program or	1914
continuing education program, or portion of either type of	1915
program, may be taught by a person who does not hold a certificate	1916
to teach issued under section 4765.23 of the Revised Code;	1917

(25) Certification cycles for certificates issued under	1918
sections 4765.23 and 4765.30 of the Revised Code and certificates	1919
issued by the executive director of the state board of emergency	1920
medical, fire, and transportation services under section 4765.55	1921
of the Revised Code that establish a common expiration date for	1922
all certificates.	1923

(B) The board may adopt, and may amend and rescind, rules in	1924
accordance with Chapter 119. of the Revised Code and division (C)	1925
of this section that establish the following:	1926

(1) Specifications of information that may be collected under	1927
the trauma system registry and incidence reporting system created	1928
under section 4765.06 of the Revised Code;	1929

(2) Standards and procedures for implementing any of the	1930
recommendations made by any committees of the board or under	1931
section 4765.04 of the Revised Code;	1932

(3) Requirements that a person must meet to receive a	1933
certificate to practice as a first responder pursuant to division	1934
(A)(2) of section 4765.30 of the Revised Code;	1935

(4) Any other rules necessary to implement this chapter.

1936

(C) In developing and administering rules adopted under this	1937
chapter, the state board of emergency medical, fire, and	1938
transportation services shall consult with regional directors and	1939
regional physician advisory boards created by section 4765.05 of	1940
the Revised Code and emphasize the special needs of pediatric and	1941
geriatric patients.	1942

(D) Except as otherwise provided in this division, before	1943
adopting, amending, or rescinding any rule under this chapter, the	1944
board shall submit the proposed rule to the director of public	1945
safety for review. The director may review the proposed rule for	1946
not more than sixty days after the date it is submitted. If,	1947
within this sixty-day period, the director approves the proposed	1948
rule or does not notify the board that the rule is disapproved,	1949
the board may adopt, amend, or rescind the rule as proposed. If,	1950
within this sixty-day period, the director notifies the board that	1951
the proposed rule is disapproved, the board shall not adopt,	1952
amend, or rescind the rule as proposed unless at least twelve	1953
members of the board vote to adopt, amend, or rescind it.	1954

This division does not apply to an emergency rule adopted in	1955
accordance with section 119.03 of the Revised Code.	1956

Sec. 4765.111. Except as provided in this section or sections	1957
4765.112 to 4765.116 of the Revised Code, the state board of	1958
emergency medical, fire, and transportation services shall conduct	1959
disciplinary proceedings regarding the holder of a certificate	1960
issued under this chapter in accordance with rules adopted by the	1961
board under section 4765.11 of the Revised Code.	1962

The board and a holder of a certificate are the parties to a	1963
hearing conducted under this chapter. Either party may submit a	1964
written request to the other party for a list of witnesses and	1965
copies of documents intended to be introduced at the hearing. The	1966
request shall be in writing and shall be served not less than	1967
thirty-seven days prior to the commencement of the hearing, unless	1968
the hearing officer or presiding board member grants an extension	1969
of time to make the request. Not later than thirty days before the	1970
hearing, the responding party shall provide the requested list of	1971
witnesses and copies of documents to the requesting party, unless	1972
the hearing officer or presiding board member grants an extension	1973
of time to provide the list and copies.	1974

Failure to timely provide a list or copies requested in	1975
accordance with this section shall result in exclusion from the	1976
hearing of the witnesses, testimony, or documents.	1977

Sec. 4765.112. (A) The state board of emergency medical,	1978
fire, and transportation services, by an affirmative vote of the	1979
majority of its members, may suspend without a prior hearing a	1980
certificate to practice issued under this chapter if the board	1981
determines that there is clear and convincing evidence that	1982
continued practice by the certificate holder presents a danger of	1983
immediate and serious harm to the public and that the certificate	1984
holder has done any of the following:	1985

(1) Furnished false, fraudulent, or misleading information to	1986
the board;	1987

(2) Engaged in activities that exceed those permitted by the	1988
individual's certificate;	1989

(3) In a court of this or any other state or federal court	1990
been convicted of, pleaded guilty to, or been the subject of a	1991
judicial finding of guilt of, a judicial finding of guilt	1992
resulting from a plea of no contest to, or a judicial finding of	1993
eligibility for intervention in lieu of conviction for, a felony	1994
or for a misdemeanor committed in the course of practice or	1995
involving gross immorality or moral turpitude.	1996

(B) Immediately following the decision to impose a summary	1997
suspension, the board, in accordance with section 119.07 of the	1998
Revised Code, shall issue a written order of suspension, cause it	1999
to be delivered to the certificate holder, and notify the	2000
certificate holder of the opportunity for a hearing. If timely	2001
requested by the certificate holder, a hearing shall be conducted	2002
in accordance with section 4765.115 of the Revised Code.	2003

Sec. 4765.113. If the state board of emergency medical,	2004
fire, and transportation services imposes a suspension on the	2005
basis of a conviction, judicial finding, or plea as described in	2006
division (A)(3) of section 4765.112 of the Revised Code that is	2007
overturned on appeal, the certificate holder, on exhaustion of the	2008
criminal appeal process, may file with the board a petition for	2009
reconsideration of the suspension along with appropriate court	2010
documents. On receipt of the petition and documents, the board	2011
shall reinstate the certificate holder's certificate to practice.	2012

Sec. 4765.114. (A) A certificate to practice emergency	2013
medical services issued under this chapter is automatically	2014
suspended on the certificate holder's conviction of, plea of	2015
guilty to, or judicial finding of guilt of any of the following:	2016
aggravated murder, murder, voluntary manslaughter, felonious	2017
assault, kidnapping, rape, sexual battery, gross sexual	2018
imposition, aggravated arson, aggravated burglary, aggravated	2019
robbery, or a substantially equivalent offense committed in this	2020
or another jurisdiction. Continued practice after the suspension	2021
is practicing without a certificate.	2022

(B) If the state board of emergency medical, fire, and	2023
transportation services has knowledge that an automatic suspension	2024
has occurred, it shall notify, in accordance with section 119.07	2025
of the Revised Code, the certificate holder of the suspension and	2026
of the opportunity for a hearing. If timely requested by the	2027
certificate holder, a hearing shall be conducted in accordance	2028
with section 4765.115 of the Revised Code.	2029

Sec. 4765.115. (A) A suspension order issued under section	2030
4765.112 or automatic suspension under section 4765.114 of the	2031
Revised Code is not subject to suspension by a court prior to a	2032
hearing under this section or during the pendency of any appeal	2033
filed under section 119.12 of the Revised Code.	2034

(B) A suspension order issued under section 4765.112 or	2035
automatic suspension under section 4765.114 of the Revised Code	2036
remains in effect, unless reversed by the state board of emergency	2037
medical, fire, and transportation services, until a final	2038
adjudication order issued by the board pursuant to this section	2039
becomes effective.	2040

(C) Hearings requested pursuant to section 4765.112 or	2041
4765.114 of the Revised Code shall be conducted under this section	2042
in accordance with Chapter 119. of the Revised Code.	2043

(D) A hearing under this section shall be held not later than	2044
forty-five days but not earlier than forty days after the	2045
certificate holder requests it, unless another date is agreed to	2046
by the certificate holder and the board.	2047

(E) After completion of an adjudication hearing, the board	2048
may adopt, by an affirmative vote of the majority of its members,	2049
a final adjudication order that imposes any of the following	2050
sanctions:	2051

(1) Suspension of the holder's certificate to practice;

2052

(2) Revocation of the holder's certificate to practice;

2053

(3) Issuance of a written reprimand;

2054

(4) A refusal to renew or a limitation on the holder's	2055
certificate to practice.	2056

The board shall issue its final adjudication order not later	2057
than forty-five days after completion of an adjudication hearing.	2058
If the board does not issue a final order within that time period,	2059
the suspension order is void, but any final adjudication order	2060
subsequently issued is not affected.	2061

(F) Any action taken by the board under this section	2062
resulting in a suspension from practice shall be accompanied by a	2063
written statement of the conditions under which the certificate to	2064
practice may be reinstated. Reinstatement of a certificate	2065
suspended under this section requires an affirmative vote by the	2066
majority of the members of the board.	2067

(G) When the board revokes or refuses to reinstate a	2068
certificate to practice, the board may specify that its action is	2069
permanent. An individual subject to permanent action taken by the	2070
board is forever ineligible to hold a certificate of the type	2071
revoked or refused, and the board shall not accept from the	2072
individual an application for reinstatement of the certificate or	2073
for a new certificate.	2074

Sec. 4765.116. If a certificate holder subject to a	2075
suspension order issued by the state board of emergency medical,	2076
fire, and transportation services under section 4765.112 or an	2077
automatic suspension order under section 4765.114 of the Revised	2078
Code fails to make a timely request for a hearing, the following	2079
apply:	2080

(A) In the case of a certificate holder subject to a summary	2081
suspension order, the board is not required to hold a hearing, but	2082
may adopt, by an affirmative vote of a majority of its members, a	2083
final order that contains the board's findings. In the final	2084
order, the board may order any of the sanctions listed in division	2085
(E) of section 4765.115 of the Revised Code.	2086

(B) In the case of a certificate holder subject to an	2087
automatic suspension order, the board may adopt, by an affirmative	2088
vote of a majority of its members, a final order that permanently	2089
revokes the holder's certificate to practice.	2090

Sec. 4765.12. (A) Not later than two years after ~~the~~	2091
~~effective date of this section~~November 3, 2000, the state board	2092
of emergency medical, fire, and transportation services shall	2093
develop and distribute guidelines for the care of trauma victims	2094
by emergency medical service personnel and for the conduct of peer	2095
review and quality assurance programs by emergency medical service	2096
organizations. The guidelines shall be consistent with the state	2097
trauma triage protocols adopted in rules under sections 4765.11	2098
and 4765.40 of the Revised Code and shall place emphasis on the	2099
special needs of pediatric and geriatric trauma victims. In	2100
developing the guidelines, the board shall consult with entities	2101
with interests in trauma and emergency medical services and shall	2102
consider any relevant guidelines adopted by national	2103
organizations, including the American college of surgeons,	2104
American college of emergency physicians, and American academy of	2105
pediatrics. The board shall distribute the guidelines, and	2106
amendments to the guidelines, to each emergency medical service	2107
organization, regional director, regional physician advisory	2108
board, certified emergency medical service instructor, and person	2109
who regularly provides medical direction to emergency medical	2110
service personnel in this state.	2111

(B) Not later than three years after ~~the effective date of~~	2112
~~this section~~November 3, 2000, each emergency medical service	2113
organization in this state shall implement ongoing peer review and	2114
quality assurance programs designed to improve the availability	2115
and quality of the emergency medical services it provides. The	2116
form and content of the programs shall be determined by each	2117
emergency medical service organization. In implementing the	2118
programs, each emergency medical service organization shall	2119
consider how to improve its ability to provide effective trauma	2120
care, particularly for pediatric and geriatric trauma victims, and	2121
shall take into account the trauma care guidelines developed by	2122
the state board of emergency medical, fire, and transportation	2123
services under this section.	2124

Information generated solely for use in a peer review or	2125
quality assurance program conducted on behalf of an emergency	2126
medical service organization is not a public record under section	2127
149.43 of the Revised Code. Such information, and any discussion	2128
conducted in the course of a peer review or quality assurance	2129
program conducted on behalf of an emergency medical service	2130
organization, is not subject to discovery in a civil action and	2131
shall not be introduced into evidence in a civil action against	2132
the emergency medical service organization on whose behalf the	2133
information was generated or the discussion occurred.	2134

No emergency medical service organization on whose behalf a	2135
peer review or quality assurance program is conducted, and no	2136
person who conducts such a program, because of performing such	2137
functions, shall be liable in a civil action for betrayal of	2138
professional confidence or otherwise in the absence of willful or	2139
wanton misconduct.	2140

Sec. 4765.15. A person seeking to operate an emergency	2141
medical services training program shall submit a completed	2142
application for accreditation to the state board of emergency	2143
medical, fire, and transportation services on a form the board	2144
shall prescribe and furnish. The application shall be accompanied	2145
by the appropriate application fee established in rules adopted	2146
under section 4765.11 of the Revised Code.	2147

A person seeking to operate an emergency medical services	2148
continuing education program shall submit a completed application	2149
for approval to the board on a form the board shall prescribe and	2150
furnish. The application shall be accompanied by the appropriate	2151
application fee established in rules adopted under section 4765.11	2152
of the Revised Code.	2153

The board shall administer the accreditation and approval	2154
processes pursuant to rules adopted under section 4765.11 of the	2155
Revised Code. In administering these processes, the board may	2156
authorize other persons to evaluate applications for accreditation	2157
or approval and may accept the recommendations made by those	2158
persons.	2159

The board may cause an investigation to be made into the	2160
accuracy of the information submitted in any application for	2161
accreditation or approval. If an investigation indicates that	2162
false, misleading, or incomplete information has been submitted to	2163
the board in connection with any application for accreditation or	2164
approval, the board shall conduct a hearing on the matter in	2165
accordance with Chapter 119. of the Revised Code.	2166

Sec. 4765.16. (A) All courses offered through an emergency	2167
medical services training program or an emergency medical services	2168
continuing education program, other than ambulance driving, shall	2169
be developed under the direction of a physician who specializes in	2170
emergency medicine. Each course that deals with trauma care shall	2171
be developed in consultation with a physician who specializes in	2172
trauma surgery. Except as specified by the state board of	2173
emergency medical, fire, and transportation services pursuant to	2174
rules adopted under section 4765.11 of the Revised Code, each	2175
course offered through a training program or continuing education	2176
program shall be taught by a person who holds the appropriate	2177
certificate to teach issued under section 4765.23 of the Revised	2178
Code.	2179

(B) A training program for first responders shall meet the	2180
standards established in rules adopted by the board under section	2181
4765.11 of the Revised Code. The program shall include courses in	2182
both of the following areas for at least the number of hours	2183
established by the board's rules:	2184

(1) Emergency victim care;

2185

(2) Reading and interpreting a trauma victim's vital signs.

2186

(C) A training program for emergency medical	2187
technicians-basic shall meet the standards established in rules	2188
adopted by the board under section 4765.11 of the Revised Code.	2189
The program shall include courses in each of the following areas	2190
for at least the number of hours established by the board's rules:	2191

(1) Emergency victim care;

2192

(2) Reading and interpreting a trauma victim's vital signs;

2193

(3) Triage protocols for adult and pediatric trauma victims;

2194

(4) In-hospital training;

2195

(5) Clinical training;

2196

(6) Training as an ambulance driver.

2197

Each operator of a training program for emergency medical	2198
technicians-basic shall allow any pupil in the twelfth grade in a	2199
secondary school who is at least seventeen years old and who	2200
otherwise meets the requirements for admission into such a	2201
training program to be admitted to and complete the program and,	2202
as part of the training, to ride in an ambulance with emergency	2203
medical technicians-basic, emergency medical	2204
technicians-intermediate, and emergency medical	2205
technicians-paramedic. Each emergency medical service organization	2206
shall allow pupils participating in training programs to ride in	2207
an ambulance with emergency medical technicians-basic, advanced	2208
emergency medical technicians-intermediate, and emergency medical	2209
technicians-paramedic.	2210

(D) A training program for emergency medical	2211
technicians-intermediate shall meet the standards established in	2212
rules adopted by the board under section 4765.11 of the Revised	2213
Code. The program shall include, or require as a prerequisite, the	2214
training specified in division (C) of this section and courses in	2215
each of the following areas for at least the number of hours	2216
established by the board's rules:	2217

(1) Recognizing symptoms of life-threatening allergic	2218
reactions and in calculating proper dosage levels and	2219
administering injections of epinephrine to persons who suffer	2220
life-threatening allergic reactions, conducted in accordance with	2221
rules adopted by the board under section 4765.11 of the Revised	2222
Code;	2223

(2) Venous access procedures;

2224

(3) Cardiac monitoring and electrical interventions to	2225
support or correct the cardiac function.	2226

(E) A training program for emergency medical	2227
technicians-paramedic shall meet the standards established in	2228
rules adopted by the board under section 4765.11 of the Revised	2229
Code. The program shall include, or require as a prerequisite, the	2230
training specified in divisions (C) and (D) of this section and	2231
courses in each of the following areas for at least the number of	2232
hours established by the board's rules:	2233

(1) Medical terminology;

2234

(2) Venous access procedures;

2235

(3) Airway procedures;

2236

(4) Patient assessment and triage;

2237

(5) Acute cardiac care, including administration of	2238
parenteral injections, electrical interventions, and other	2239
emergency medical services;	2240

(6) Emergency and trauma victim care beyond that required	2241
under division (C) of this section;	2242

(7) Clinical training beyond that required under division (C)	2243
of this section.	2244

(F) A continuing education program for first responders,	2245
EMTs-basic, EMTs-I, or paramedics shall meet the standards	2246
established in rules adopted by the board under section 4765.11 of	2247
the Revised Code. A continuing education program shall include	2248
instruction and training in subjects established by the board's	2249
rules for at least the number of hours established by the board's	2250
rules.	2251

Sec. 4765.17. (A) The state board of emergency medical,	2252
fire, and transportation services shall issue the appropriate	2253
certificate of accreditation or certificate of approval to an	2254
applicant who is of good reputation and meets the requirements of	2255
section 4765.16 of the Revised Code. The board shall grant or deny	2256
a certificate of accreditation or certificate of approval within	2257
one hundred twenty days of receipt of the application. The board	2258
may issue or renew a certificate of accreditation or certificate	2259
of approval on a provisional basis to an applicant who is of good	2260
reputation and is in substantial compliance with the requirements	2261
of section 4765.16 of the Revised Code. The board shall inform an	2262
applicant receiving such a certificate of the conditions that must	2263
be met to complete compliance with section 4765.16 of the Revised	2264
Code.	2265

(B) Except as provided in division (C) of this section, a	2266
certificate of accreditation or certificate of approval is valid	2267
for up to five years and may be renewed by the board pursuant to	2268
procedures and standards established in rules adopted under	2269
section 4765.11 of the Revised Code. An application for renewal	2270
shall be accompanied by the appropriate renewal fee established in	2271
rules adopted under section 4765.11 of the Revised Code.	2272

(C) A certificate of accreditation or certificate of approval	2273
issued on a provisional basis is valid for the length of time	2274
established by the board. If the board finds that the holder of	2275
such a certificate has met the conditions it specifies under	2276
division (A) of this section, the board shall issue the	2277
appropriate certificate of accreditation or certificate of	2278
approval.	2279

(D) A certificate of accreditation is valid only for the	2280
emergency medical services training program or programs for which	2281
it is issued. The holder of a certificate of accreditation may	2282
apply to operate additional training programs in accordance with	2283
rules adopted by the board under section 4765.11 of the Revised	2284
Code. Any additional training programs shall expire on the	2285
expiration date of the applicant's current certificate. A	2286
certificate of approval is valid only for the emergency medical	2287
services continuing education program for which it is issued.	2288
Neither is transferable.	2289

(E) The holder of a certificate of accreditation or a	2290
certificate of approval may offer courses at more than one	2291
location in accordance with rules adopted under section 4765.11 of	2292
the Revised Code.	2293

Sec. 4765.18. The state board of emergency medical, fire,	2294
and transportation services may suspend or revoke a certificate of	2295
accreditation or a certificate of approval issued under section	2296
4765.17 of the Revised Code for any of the following reasons:	2297

(A) Violation of this chapter or any rule adopted under it;

2298

(B) Furnishing of false, misleading, or incomplete	2299
information to the board;	2300

(C) The signing of an application or the holding of a	2301
certificate of accreditation by a person who has pleaded guilty to	2302
or has been convicted of a felony, or has pleaded guilty to or	2303
been convicted of a crime involving moral turpitude;	2304

(D) The signing of an application or the holding of a	2305
certificate of accreditation by a person who is addicted to the	2306
use of any controlled substance or has been adjudicated	2307
incompetent for that purpose by a court, as provided in section	2308
5122.301 of the Revised Code;	2309

(E) Violation of any commitment made in an application for a	2310
certificate of accreditation or certificate of approval;	2311

(F) Presentation to prospective students of misleading,	2312
false, or fraudulent information relating to the emergency medical	2313
services training program or emergency medical services continuing	2314
education program, employment opportunities, or opportunities for	2315
enrollment in accredited institutions of higher education after	2316
entering or completing courses offered by the operator of a	2317
program;	2318

(G) Failure to maintain in a safe and sanitary condition	2319
premises and equipment used in conducting courses of study;	2320

(H) Failure to maintain financial resources adequate for the	2321
satisfactory conduct of courses of study or to retain a sufficient	2322
number of certified instructors;	2323

(I) Discrimination in the acceptance of students upon the	2324
basis of race, color, religion, sex, or national origin.	2325

Sec. 4765.22. A person seeking a certificate to teach in an	2326
emergency medical services training program or an emergency	2327
medical services continuing education program shall submit a	2328
completed application for certification to the state board of	2329
emergency medical, fire, and transportation services on a form the	2330
board shall prescribe and furnish. The application shall be	2331
accompanied by the appropriate application fee established in	2332
rules adopted under section 4765.11 of the Revised Code.	2333

Sec. 4765.23. The state board of emergency medical, fire,	2334
and transportation services shall issue a certificate to teach in	2335
an emergency medical services training program or an emergency	2336
medical services continuing education program to any applicant who	2337
it determines meets the qualifications established in rules	2338
adopted under section 4765.11 of the Revised Code. The certificate	2339
shall indicate each type of instruction and training the	2340
certificate holder may teach under the certificate.	2341

A certificate to teach shall have a certification cycle	2342
established by the board and may be renewed by the board pursuant	2343
to rules adopted under section 4765.11 of the Revised Code. An	2344
application for renewal shall be accompanied by the appropriate	2345
renewal fee established in rules adopted under section 4765.11 of	2346
the Revised Code.	2347

The board may suspend or revoke a certificate to teach	2348
pursuant to rules adopted under section 4765.11 of the Revised	2349
Code.	2350

Sec. 4765.28. A person seeking a certificate to practice as	2351
a first responder, emergency medical technician-basic, emergency	2352
medical technician-intermediate, or emergency medical	2353
technician-paramedic shall submit a completed application for	2354
certification to the state board of emergency medical, fire, and	2355
transportation services on a form the board shall prescribe and	2356
furnish. Except as provided in division (B) of section 4765.29 of	2357
the Revised Code, the application shall include evidence that the	2358
applicant received the appropriate certificate of completion	2359
pursuant to section 4765.24 of the Revised Code. The application	2360
shall be accompanied by the appropriate application fee	2361
established in rules adopted under section 4765.11 of the Revised	2362
Code, unless the board waives the fee on determining pursuant to	2363
those rules that the applicant cannot afford to pay the fee.	2364

Sec. 4765.29. (A) The state board of emergency medical,	2365
fire, and transportation services shall provide for the	2366
examination of applicants for certification to practice as first	2367
responders, emergency medical technicians-basic, emergency medical	2368
technicians-intermediate, and emergency medical	2369
technicians-paramedic. The examinations shall be established by	2370
the board in rules adopted under section 4765.11 of the Revised	2371
Code. The board may administer the examinations or contract with	2372
other persons to administer the examinations. In either case, the	2373
examinations shall be administered pursuant to procedures	2374
established in rules adopted under section 4765.11 of the Revised	2375
Code and shall be offered at various locations in the state	2376
selected by the board.	2377

Except as provided in division (B) of this section, an	2378
applicant shall not be permitted to take an examination for the	2379
same certificate to practice more than three times since last	2380
receiving the certificate of completion pursuant to section	2381
4765.24 of the Revised Code that qualifies the applicant to take	2382
the examination unless the applicant receives another certificate	2383
of completion that qualifies the applicant to take the	2384
examination.	2385

(B) On request of an applicant who fails three examinations	2386
for the same certificate to practice, the board may direct the	2387
applicant to complete a specific portion of an accredited	2388
emergency medical services training program. If the applicant	2389
provides satisfactory proof to the board that the applicant has	2390
successfully completed that portion of the program, the applicant	2391
shall be permitted to take the examination.	2392

Sec. 4765.30. (A)(1) The state board of emergency medical,	2393
fire, and transportation services shall issue a certificate to	2394
practice as a first responder to an applicant who meets all of the	2395
following conditions:	2396

(a) Except as provided in division (A)(2) of this section, is	2397
a volunteer for a nonprofit emergency medical service organization	2398
or a nonprofit fire department;	2399

(b) Holds the appropriate certificate of completion issued in	2400
accordance with section 4765.24 of the Revised Code;	2401

(c) Passes the appropriate examination conducted under	2402
section 4765.29 of the Revised Code;	2403

(d) Is not in violation of any provision of this chapter or	2404
the rules adopted under it;	2405

(e) Meets any other certification requirements established in	2406
rules adopted under section 4765.11 of the Revised Code.	2407

(2) The board may waive the requirement to be a volunteer for	2408
a nonprofit entity if the applicant meets other requirements	2409
established in rules adopted under division (B)(3) of section	2410
4765.11 of the Revised Code relative to a person's eligibility to	2411
practice as a first responder.	2412

(B) The state board of emergency medical, fire, and	2413
transportation services shall issue a certificate to practice as	2414
an emergency medical technician-basic to an applicant who meets	2415
all of the following conditions:	2416

(1) Holds a certificate of completion in emergency medical	2417
services training-basic issued in accordance with section 4765.24	2418
of the Revised Code;	2419

(2) Passes the examination for emergency medical	2420
technicians-basic conducted under section 4765.29 of the Revised	2421
Code;	2422

(3) Is not in violation of any provision of this chapter or	2423
the rules adopted under it;	2424

(4) Meets any other certification requirements established in	2425
rules adopted under section 4765.11 of the Revised Code.	2426

(C) The state board of emergency medical, fire, and	2427
transportation services shall issue a certificate to practice as	2428
an emergency medical technician-intermediate or emergency medical	2429
technician-paramedic to an applicant who meets all of the	2430
following conditions:	2431

(1) Holds a certificate to practice as an emergency medical	2432
technician-basic;	2433

(2) Holds the appropriate certificate of completion issued in	2434
accordance with section 4765.24 of the Revised Code;	2435

(3) Passes the appropriate examination conducted under	2436
section 4765.29 of the Revised Code;	2437

(4) Is not in violation of any provision of this chapter or	2438
the rules adopted under it;	2439

(5) Meets any other certification requirements established in	2440
rules adopted under section 4765.11 of the Revised Code.	2441

(D) A certificate to practice shall have a certification	2442
cycle established by the board and may be renewed by the board	2443
pursuant to rules adopted under section 4765.11 of the Revised	2444
Code. Not later than sixty days prior to the expiration date of an	2445
individual's certificate to practice, the board shall notify the	2446
individual of the scheduled expiration.	2447

An application for renewal shall be accompanied by the	2448
appropriate renewal fee established in rules adopted under section	2449
4765.11 of the Revised Code, unless the board waives the fee on	2450
determining pursuant to those rules that the applicant cannot	2451
afford to pay the fee. Except as provided in division (B) of	2452
section 4765.31 of the Revised Code, the application shall include	2453
evidence of either of the following:	2454

(1) That the applicant received a certificate of completion	2455
from the appropriate emergency medical services continuing	2456
education program pursuant to section 4765.24 of the Revised Code;	2457

(2) That the applicant has successfully passed an examination	2458
that demonstrates the competence to have a certificate renewed	2459
without completing an emergency medical services continuing	2460
education program. The board shall approve such examinations in	2461
accordance with rules adopted under section 4765.11 of the Revised	2462
Code.	2463

(E) The board shall not require an applicant for renewal of a	2464
certificate to practice to take an examination as a condition of	2465
renewing the certificate. This division does not preclude the use	2466
of examinations by operators of approved emergency medical	2467
services continuing education programs as a condition for issuance	2468
of a certificate of completion in emergency medical services	2469
continuing education.	2470

Sec. 4765.31. (A) Except as provided in division (B) of this	2471
section, a first responder, emergency medical technician-basic,	2472
emergency medical technician-intermediate, and emergency medical	2473
technician-paramedic shall complete an emergency medical services	2474
continuing education program or pass an examination approved by	2475
the state board of emergency medical, fire, and transportation	2476
services under division (A) of section 4765.10 of the Revised Code	2477
prior to the expiration of the individual's certificate to	2478
practice. Completion of the continuing education requirements for	2479
EMTs-I or paramedics satisfies the continuing education	2480
requirements for renewing the certificate to practice as an	2481
EMT-basic held by an EMT-I or paramedic.	2482

(B)(1) An applicant for renewal of a certificate to practice	2483
may apply to the board, in writing, for an extension to complete	2484
the continuing education requirements established under division	2485
(A) of this section. The board may grant such an extension and	2486
determine the length of the extension. The board may authorize the	2487
applicant to continue to practice during the extension as if the	2488
certificate to practice had not expired.	2489

(2) An applicant for renewal of a certificate to practice may	2490
apply to the board, in writing, for an exemption from the	2491
continuing education requirements established under division (A)	2492
of this section. The board may exempt an individual or a group of	2493
individuals from all or any part of the continuing education	2494
requirements due to active military service, unusual circumstance,	2495
emergency, special hardship, or any other cause considered	2496
reasonable by the board.	2497

(C) Decisions of whether to grant an extension or exemption	2498
under division (B) of this section shall be made by the board	2499
pursuant to procedures established in rules adopted under section	2500
4765.11 of the Revised Code.	2501

Sec. 4765.32. A current, valid certificate of accreditation	2502
issued under the provisions of former section 3303.11 or 3303.23	2503
of the Revised Code shall remain valid until one year after the	2504
expiration date of the certificate as determined by the provisions	2505
of those sections and shall confer the same privileges and impose	2506
the same responsibilities and requirements as a certificate of	2507
accreditation issued by the state board of emergency medical,	2508
fire, and transportation services under section 4765.17 of the	2509
Revised Code.	2510

A certificate to practice as an emergency medical	2511
technician-ambulance that is valid on November 24, 1995, shall be	2512
considered a certificate to practice as an emergency medical	2513
technician-basic. A certificate to practice as an advanced	2514
emergency medical technician-ambulance that is valid on November	2515
24, 1995, shall be considered a certificate to practice as an	2516
emergency medical technician-intermediate.	2517

Sec. 4765.33. The state board of emergency medical, fire,	2518
and transportation services may suspend or revoke certificates to	2519
practice issued under section 4765.30 of the Revised Code, and may	2520
take other disciplinary action against first responders, emergency	2521
medical technicians-basic, emergency medical	2522
technicians-intermediate, and emergency medical	2523
technicians-paramedic pursuant to rules adopted under section	2524
4765.11 of the Revised Code.	2525

Sec. 4765.37. (A) An emergency medical technician-basic	2526
shall perform the emergency medical services described in this	2527
section in accordance with this chapter and any rules adopted	2528
under it by the state board of emergency medical, fire, and	2529
transportation services.	2530

(B) An emergency medical technician-basic may operate, or be	2531
responsible for operation of, an ambulance and may provide	2532
emergency medical services to patients. In an emergency, an	2533
EMT-basic may determine the nature and extent of illness or injury	2534
and establish priority for required emergency medical services. An	2535
EMT-basic may render emergency medical services such as opening	2536
and maintaining an airway, giving positive pressure ventilation,	2537
cardiac resuscitation, electrical interventions with automated	2538
defibrillators to support or correct the cardiac function and	2539
other methods determined by the board, controlling of hemorrhage,	2540
treatment of shock, immobilization of fractures, bandaging,	2541
assisting in childbirth, management of mentally disturbed	2542
patients, initial care of poison and burn patients, and	2543
determining triage of adult and pediatric trauma victims. Where	2544
patients must in an emergency be extricated from entrapment, an	2545
EMT-basic may assess the extent of injury and render all possible	2546
emergency medical services and protection to the entrapped	2547
patient; provide light rescue services if an ambulance has not	2548
been accompanied by a specialized unit; and after extrication,	2549
provide additional care in sorting of the injured in accordance	2550
with standard emergency procedures.	2551

(C) An EMT-basic may perform any other emergency medical	2552
services approved pursuant to rules adopted under section 4765.11	2553
of the Revised Code. The board shall determine whether the nature	2554
of any such service requires that an EMT-basic receive	2555
authorization prior to performing the service.	2556

(D)(1) Except as provided in division (D)(2) of this section,	2557
if the board determines under division (C) of this section that a	2558
service requires prior authorization, the service shall be	2559
performed only pursuant to the written or verbal authorization of	2560
a physician or of the cooperating physician advisory board, or	2561
pursuant to an authorization transmitted through a direct	2562
communication device by a physician or registered nurse designated	2563
by a physician.	2564

(2) If communications fail during an emergency situation or	2565
the required response time prohibits communication, an EMT-basic	2566
may perform services subject to this division, if, in the judgment	2567
of the EMT-basic, the life of the patient is in immediate danger.	2568
Services performed under these circumstances shall be performed in	2569
accordance with the protocols for triage of adult and pediatric	2570
trauma victims established in rules adopted under sections 4765.11	2571
and 4765.40 of the Revised Code and any applicable protocols	2572
adopted by the emergency medical service organization with which	2573
the EMT-basic is affiliated.	2574

Sec. 4765.38. (A) An emergency medical	2575
technician-intermediate shall perform the emergency medical	2576
services described in this section in accordance with this chapter	2577
and any rules adopted under it.	2578

(B) An EMT-I may do any of the following:

2579

(1) Establish and maintain an intravenous lifeline that has	2580
been approved by a cooperating physician or physician advisory	2581
board;	2582

(2) Perform cardiac monitoring;

2583

(3) Perform electrical interventions to support or correct	2584
the cardiac function;	2585

(4) Administer epinephrine;

2586

(5) Determine triage of adult and pediatric trauma victims;

2587

(6) Perform any other emergency medical services approved	2588
pursuant to rules adopted under section 4765.11 of the Revised	2589
Code.	2590

(C)(1) Except as provided in division (C)(2) of this section,	2591
the services described in division (B) of this section shall be	2592
performed by an EMT-I only pursuant to the written or verbal	2593
authorization of a physician or of the cooperating physician	2594
advisory board, or pursuant to an authorization transmitted	2595
through a direct communication device by a physician or registered	2596
nurse designated by a physician.	2597

(2) If communications fail during an emergency situation or	2598
the required response time prohibits communication, an EMT-I may	2599
perform any of the services described in division (B) of this	2600
section, if, in the judgment of the EMT-I, the life of the patient	2601
is in immediate danger. Services performed under these	2602
circumstances shall be performed in accordance with the protocols	2603
for triage of adult and pediatric trauma victims established in	2604
rules adopted under sections 4765.11 and 4765.40 of the Revised	2605
Code and any applicable protocols adopted by the emergency medical	2606
service organization with which the EMT-I is affiliated.	2607

(D) In addition to, and in the course of, providing emergency	2608
medical treatment, an emergency medical technician-intermediate	2609
may withdraw blood as provided under sections 1547.11, 4506.17,	2610
and 4511.19 of the Revised Code. An emergency medical	2611
technician-intermediate shall withdraw blood in accordance with	2612
this chapter and any rules adopted under it by the state board of	2613
emergency medical, fire, and transportation services.	2614

Sec. 4765.39. (A) An emergency medical technician-paramedic	2615
shall perform the emergency medical services described in this	2616
section in accordance with this chapter and any rules adopted	2617
under it.	2618

(B) A paramedic may do any of the following:

2619

(1) Perform cardiac monitoring;

2620

(2) Perform electrical interventions to support or correct	2621
the cardiac function;	2622

(3) Perform airway procedures;

2623

(4) Perform relief of pneumothorax;

2624

(5) Administer appropriate drugs and intravenous fluids;

2625

(6) Determine triage of adult and pediatric trauma victims;

2626

(7) Perform any other emergency medical services, including	2627
life support or intensive care techniques, approved pursuant to	2628
rules adopted under section 4765.11 of the Revised Code.	2629

(C)(1) Except as provided in division (C)(2) of this section,	2630
the services described in division (B) of this section shall be	2631
performed by a paramedic only pursuant to the written or verbal	2632
authorization of a physician or of the cooperating physician	2633
advisory board, or pursuant to an authorization transmitted	2634
through a direct communication device by a physician or registered	2635
nurse designated by a physician.	2636

(2) If communications fail during an emergency situation or	2637
the required response time prohibits communication, a paramedic	2638
may perform any of the services described in division (B) of this	2639
section, if, in the paramedic's judgment, the life of the patient	2640
is in immediate danger. Services performed under these	2641
circumstances shall be performed in accordance with the protocols	2642
for triage of adult and pediatric trauma victims established in	2643
rules adopted under sections 4765.11 and 4765.40 of the Revised	2644
Code and any applicable protocols adopted by the emergency medical	2645
service organization with which the paramedic is affiliated.	2646

(D) In addition to, and in the course of, providing emergency	2647
medical treatment, an emergency medical technician-paramedic may	2648
withdraw blood as provided under sections 1547.11, 4506.17, and	2649
4511.19 of the Revised Code. An emergency medical	2650
technician-paramedic shall withdraw blood in accordance with this	2651
chapter and any rules adopted under it by the state board of	2652
emergency medical, fire, and transportation services.	2653

Sec. 4765.40. (A)(1) Not later than two years after ~~the~~	2654
~~effective date of this amendment~~November 3, 2000, the state board	2655
of emergency medical, fire, and transportation services shall	2656
adopt rules under section 4765.11 of the Revised Code establishing	2657
written protocols for the triage of adult and pediatric trauma	2658
victims. The rules shall define adult and pediatric trauma in a	2659
manner that is consistent with section 4765.01 of the Revised	2660
Code, minimizes overtriage and undertriage, and emphasizes the	2661
special needs of pediatric and geriatric trauma patients.	2662

(2) The state triage protocols adopted under division (A) of	2663
this section shall require a trauma victim to be transported	2664
directly to an adult or pediatric trauma center that is qualified	2665
to provide appropriate adult or pediatric trauma care, unless one	2666
or more of the following exceptions applies:	2667

(a) It is medically necessary to transport the victim to	2668
another hospital for initial assessment and stabilization before	2669
transfer to an adult or pediatric trauma center;	2670

(b) It is unsafe or medically inappropriate to transport the	2671
victim directly to an adult or pediatric trauma center due to	2672
adverse weather or ground conditions or excessive transport time;	2673

(c) Transporting the victim to an adult or pediatric trauma	2674
center would cause a shortage of local emergency medical service	2675
resources;	2676

(d) No appropriate adult or pediatric trauma center is able	2677
to receive and provide adult or pediatric trauma care to the	2678
trauma victim without undue delay;	2679

(e) Before transport of a patient begins, the patient	2680
requests to be taken to a particular hospital that is not a trauma	2681
center or, if the patient is less than eighteen years of age or is	2682
not able to communicate, such a request is made by an adult member	2683
of the patient's family or a legal representative of the patient.	2684

(3)(a) The state triage protocols adopted under division (A)	2685
of this section shall require trauma patients to be transported to	2686
an adult or pediatric trauma center that is able to provide	2687
appropriate adult or pediatric trauma care, but shall not require	2688
a trauma patient to be transported to a particular trauma center.	2689
The state triage protocols shall establish one or more procedures	2690
for evaluating whether an injury victim requires or would benefit	2691
from adult or pediatric trauma care, which procedures shall be	2692
applied by emergency medical service personnel based on the	2693
patient's medical needs. In developing state trauma triage	2694
protocols, the board shall consider relevant model triage rules	2695
and shall consult with the commission on minority health, regional	2696
directors, regional physician advisory boards, and appropriate	2697
medical, hospital, and emergency medical service organizations.	2698

(b) Before the joint committee on agency rule review	2699
considers state triage protocols for trauma victims proposed by	2700
the state board of emergency medical, fire, and transportation	2701
services, or amendments thereto, the board shall send a copy of	2702
the proposal to the Ohio chapter of the American college of	2703
emergency physicians, the Ohio chapter of the American college of	2704
surgeons, the Ohio chapter of the American academy of pediatrics,	2705
OHA: the association for hospitals and health systems, the Ohio	2706
osteopathic association, and the association of Ohio children's	2707
hospitals and shall hold a public hearing at which it must	2708
consider the appropriateness of the protocols to minimize	2709
overtriage and undertriage of trauma victims.	2710

(c) The board shall provide copies of the state triage	2711
protocols, and amendments to the protocols, to each emergency	2712
medical service organization, regional director, regional	2713
physician advisory board, certified emergency medical service	2714
instructor, and person who regularly provides medical direction to	2715
emergency medical service personnel in the state; to each medical	2716
service organization in other jurisdictions that regularly provide	2717
emergency medical services in this state; and to others upon	2718
request.	2719

(B)(1) The state board of emergency medical, fire, and	2720
transportation services shall approve regional protocols for the	2721
triage of adult and pediatric trauma victims, and amendments to	2722
such protocols, that are submitted to the board as provided in	2723
division (B)(2) of this section and provide a level of adult and	2724
pediatric trauma care comparable to the state triage protocols	2725
adopted under division (A) of this section. The board shall not	2726
otherwise approve regional triage protocols for trauma victims.	2727
The board shall not approve regional triage protocols for regions	2728
that overlap and shall resolve any such disputes by apportioning	2729
the overlapping territory among appropriate regions in a manner	2730
that best serves the medical needs of the residents of that	2731
territory. The trauma committee of the board shall have reasonable	2732
opportunity to review and comment on regional triage protocols and	2733
amendments to such protocols before the board approves or	2734
disapproves them.	2735

(2) Regional protocols for the triage of adult and pediatric	2736
trauma victims, and amendments to such protocols, shall be	2737
submitted in writing to the state board of emergency medical,	2738
fire, and transportation services by the regional physician	2739
advisory board or regional director, as appropriate, that serves a	2740
majority of the population in the region in which the protocols	2741
apply. Prior to submitting regional triage protocols, or an	2742
amendment to such protocols, to the state board of emergency	2743
medical, fire, and transportation services, a regional physician	2744
advisory board or regional director shall consult with each of the	2745
following that regularly serves the region in which the protocols	2746
apply:	2747

(a) Other regional physician advisory boards and regional	2748
directors;	2749

(b) Hospitals that operate an emergency facility;

2750

2751

(d) Professional societies of physicians who specialize in	2752
adult or pediatric emergency medicine or adult or pediatric trauma	2753
surgery;	2754

(e) Professional societies of nurses who specialize in adult	2755
or pediatric emergency nursing or adult or pediatric trauma	2756
surgery;	2757

(f) Professional associations or labor organizations of	2758
emergency medical service personnel;	2759

(g) Emergency medical service organizations and medical	2760
directors of such organizations;	2761

(h) Certified emergency medical service instructors.

2762

(3) Regional protocols for the triage of adult and pediatric	2763
trauma victims approved under division (B)(2) of this section	2764
shall require patients to be transported to a trauma center that	2765
is able to provide an appropriate level of adult or pediatric	2766
trauma care; shall not discriminate among trauma centers for	2767
reasons not related to a patient's medical needs; shall seek to	2768
minimize undertriage and overtriage; may include any of the	2769
exceptions in division (A)(2) of this section; and supersede the	2770
state triage protocols adopted under division (A) of this section	2771
in the region in which the regional protocols apply.	2772

(4) Upon approval of regional protocols for the triage of	2773
adult and pediatric trauma victims under division (B)(2) of this	2774
section, or an amendment to such protocols, the state board of	2775
emergency medical, fire, and transportation services shall provide	2776
written notice of the approval and a copy of the protocols or	2777
amendment to each entity in the region in which the protocols	2778
apply to which the board is required to send a copy of the state	2779
triage protocols adopted under division (A) of this section.	2780

(C)(1) The state board of emergency medical, fire, and	2781
transportation services shall review the state triage protocols	2782
adopted under division (A) of this section at least every three	2783
years to determine if they are causing overtriage or undertriage	2784
of trauma patients, and shall modify them as necessary to minimize	2785
overtriage and undertriage.	2786

(2) Each regional physician advisory board or regional	2787
director that has had regional triage protocols approved under	2788
division (B)(2) of this section shall review the protocols at	2789
least every three years to determine if they are causing	2790
overtriage or undertriage of trauma patients and shall submit an	2791
appropriate amendment to the state board, as provided in division	2792
(B) of this section, as necessary to minimize overtriage and	2793
undertriage. The state board shall approve the amendment if it	2794
will reduce overtriage or undertriage while complying with	2795
division (B) of this section, and shall not otherwise approve the	2796
amendment.	2797

(D) No provider of emergency medical services or person who	2798
provides medical direction to emergency medical service personnel	2799
in this state shall fail to comply with the state triage protocols	2800
adopted under division (A) of this section or applicable regional	2801
triage protocols approved under division (B)(2) of this section.	2802

(E) The state board of emergency medical, fire, and	2803
transportation services shall adopt rules under section 4765.11 of	2804
the Revised Code that provide for enforcement of the state triage	2805
protocols adopted under division (A) of this section and regional	2806
triage protocols approved under division (B)(2) of this section,	2807
and for education regarding those protocols for emergency medical	2808
service organizations and personnel, regional directors and	2809
regional physician advisory boards, emergency medical service	2810
instructors, and persons who regularly provide medical direction	2811
to emergency medical service personnel in this state.	2812

Sec. 4765.42. Each emergency medical service organization	2813
shall give notice of the name of its medical director or the names	2814
of the members of its cooperating physician advisory board to the	2815
state board of emergency medical, fire, and transportation	2816
services. The notice shall be made in writing.	2817

Sec. 4765.48. The attorney general, the prosecuting attorney	2818
of the county, or the city director of law shall, upon complaint	2819
of the state board of emergency medical, fire, and transportation	2820
services, prosecute to termination or bring an action for	2821
injunction against any person violating this chapter or the rules	2822
adopted under it. The common pleas court in which an action for	2823
injunction is filed has the jurisdiction to grant injunctive	2824
relief upon a showing that the respondent named in the complaint	2825
is in violation of this chapter or the rules adopted under it.	2826

Sec. 4765.49. (A) A first responder, emergency medical	2827
technician-basic, emergency medical technician-intermediate, or	2828
emergency medical technician-paramedic is not liable in damages in	2829
a civil action for injury, death, or loss to person or property	2830
resulting from the individual's administration of emergency	2831
medical services, unless the services are administered in a manner	2832
that constitutes willful or wanton misconduct. A physician or	2833
registered nurse designated by a physician, who is advising or	2834
assisting in the emergency medical services by means of any	2835
communication device or telemetering system, is not liable in	2836
damages in a civil action for injury, death, or loss to person or	2837
property resulting from the individual's advisory communication or	2838
assistance, unless the advisory communication or assistance is	2839
provided in a manner that constitutes willful or wanton	2840
misconduct. Medical directors and members of cooperating physician	2841
advisory boards of emergency medical service organizations are not	2842
liable in damages in a civil action for injury, death, or loss to	2843
person or property resulting from their acts or omissions in the	2844
performance of their duties, unless the act or omission	2845
constitutes willful or wanton misconduct.	2846

(B) A political subdivision, joint ambulance district, joint	2847
emergency medical services district, or other public agency, and	2848
any officer or employee of a public agency or of a private	2849
organization operating under contract or in joint agreement with	2850
one or more political subdivisions, that provides emergency	2851
medical services, or that enters into a joint agreement or a	2852
contract with the state, any political subdivision, joint	2853
ambulance district, or joint emergency medical services district	2854
for the provision of emergency medical services, is not liable in	2855
damages in a civil action for injury, death, or loss to person or	2856
property arising out of any actions taken by a first responder,	2857
EMT-basic, EMT-I, or paramedic working under the officer's or	2858
employee's jurisdiction, or for injury, death, or loss to person	2859
or property arising out of any actions of licensed medical	2860
personnel advising or assisting the first responder, EMT-basic,	2861
EMT-I, or paramedic, unless the services are provided in a manner	2862
that constitutes willful or wanton misconduct.	2863

(C) A student who is enrolled in an emergency medical	2864
services training program accredited under section 4765.17 of the	2865
Revised Code or an emergency medical services continuing education	2866
program approved under that section is not liable in damages in a	2867
civil action for injury, death, or loss to person or property	2868
resulting from either of the following:	2869

(1) The student's administration of emergency medical	2870
services or patient care or treatment, if the services, care, or	2871
treatment is administered while the student is under the direct	2872
supervision and in the immediate presence of an EMT-basic, EMT-I,	2873
paramedic, registered nurse, or physician and while the student is	2874
receiving clinical training that is required by the program,	2875
unless the services, care, or treatment is provided in a manner	2876
that constitutes willful or wanton misconduct;	2877

(2) The student's training as an ambulance driver, unless the	2878
driving is done in a manner that constitutes willful or wanton	2879
misconduct.	2880

(D) An EMT-basic, EMT-I, paramedic, or other operator, who	2881
holds a valid commercial driver's license issued pursuant to	2882
Chapter 4506. of the Revised Code or driver's license issued	2883
pursuant to Chapter 4507. of the Revised Code and who is employed	2884
by an emergency medical service organization that is not owned or	2885
operated by a political subdivision as defined in section 2744.01	2886
of the Revised Code, is not liable in damages in a civil action	2887
for injury, death, or loss to person or property that is caused by	2888
the operation of an ambulance by the EMT-basic, EMT-I, paramedic,	2889
or other operator while responding to or completing a call for	2890
emergency medical services, unless the operation constitutes	2891
willful or wanton misconduct or does not comply with the	2892
precautions of section 4511.03 of the Revised Code. An emergency	2893
medical service organization is not liable in damages in a civil	2894
action for any injury, death, or loss to person or property that	2895
is caused by the operation of an ambulance by its employee or	2896
agent, if this division grants the employee or agent immunity from	2897
civil liability for the injury, death, or loss.	2898

(E) An employee or agent of an emergency medical service	2899
organization who receives requests for emergency medical services	2900
that are directed to the organization, dispatches first	2901
responders, EMTs-basic, EMTs-I, or paramedics in response to those	2902
requests, communicates those requests to those employees or agents	2903
of the organization who are authorized to dispatch first	2904
responders, EMTs-basic, EMTs-I, or paramedics, or performs any	2905
combination of these functions for the organization, is not liable	2906
in damages in a civil action for injury, death, or loss to person	2907
or property resulting from the individual's acts or omissions in	2908
the performance of those duties for the organization, unless an	2909
act or omission constitutes willful or wanton misconduct.	2910

(F) A person who is performing the functions of a first	2911
responder, EMT-basic, EMT-I, or paramedic under the authority of	2912
the laws of a state that borders this state and who provides	2913
emergency medical services to or transportation of a patient in	2914
this state is not liable in damages in a civil action for injury,	2915
death, or loss to person or property resulting from the person's	2916
administration of emergency medical services, unless the services	2917
are administered in a manner that constitutes willful or wanton	2918
misconduct. A physician or registered nurse designated by a	2919
physician, who is licensed to practice in the adjoining state and	2920
who is advising or assisting in the emergency medical services by	2921
means of any communication device or telemetering system is not	2922
liable in damages in a civil action for injury, death, or loss to	2923
person or property resulting from the person's advisory	2924
communication or assistance, unless the advisory communication or	2925
assistance is provided in a manner that constitutes willful or	2926
wanton misconduct.	2927

(G) A person certified under section 4765.23 of the Revised	2928
Code to teach in an emergency medical services training program or	2929
emergency medical services continuing education program, and a	2930
person who teaches at the Ohio fire academy established under	2931
section 3737.33 of the Revised Code or in a fire service training	2932
program described in division (A) of section 4765.55 of the	2933
Revised Code, is not liable in damages in a civil action for	2934
injury, death, or loss to person or property resulting from the	2935
person's acts or omissions in the performance of the person's	2936
duties, unless an act or omission constitutes willful or wanton	2937
misconduct.	2938

(H) In the accreditation of emergency medical services	2939
training programs or approval of emergency medical services	2940
continuing education programs, the state board of emergency	2941
medical, fire, and transportation services and any person or	2942
entity authorized by the board to evaluate applications for	2943
accreditation or approval are not liable in damages in a civil	2944
action for injury, death, or loss to person or property resulting	2945
from their acts or omissions in the performance of their duties,	2946
unless an act or omission constitutes willful or wanton	2947
misconduct.	2948

(I) A person authorized by an emergency medical service	2949
organization to review the performance of first responders,	2950
EMTs-basic, EMTs-I, and paramedics or to administer quality	2951
assurance programs is not liable in damages in a civil action for	2952
injury, death, or loss to person or property resulting from the	2953
person's acts or omissions in the performance of the person's	2954
duties, unless an act or omission constitutes willful or wanton	2955
misconduct.	2956

Sec. 4765.55. (A) The executive director of the state board	2957
of emergency medical, fire, and transportation services, with the	2958
advice and counsel of the firefighter and fire safety inspector	2959
training committee of the state board of emergency medical, fire,	2960
and transportation services, shall assist in the establishment and	2961
maintenance by any state agency, or any county, township, city,	2962
village, school district, or educational service center of a fire	2963
service training program for the training of all persons in	2964
positions of any fire training certification level approved by the	2965
executive director, including full-time paid firefighters,	2966
part-time paid firefighters, volunteer firefighters, and, fire	2967
safety inspectors in this state. The executive director, with the	2968
advice and counsel of the committee, shall adopt rules to regulate	2969
those firefighter and fire safety inspector training programs, and	2970
other training programs approved by the executive director. The	2971
rules may include, but need not be limited to, training	2972
curriculum, certification examinations, training schedules,	2973
minimum hours of instruction, attendance requirements, required	2974
equipment and facilities, basic physical requirements, and methods	2975
of training for all persons in positions of any fire training	2976
certification level approved by the executive director, including	2977
full-time paid firefighters, part-time paid firefighters,	2978
volunteer firefighters, and fire safety inspectors. The rules	2979
adopted to regulate training programs for volunteer firefighters	2980
shall not require more than thirty-six hours of training.	2981

The executive director, with the advice and counsel of the	2982
committee, shall provide for the classification and chartering of	2983
fire service training programs in accordance with rules adopted	2984
under division (B) of this section, and may take action against	2985
any chartered training program or applicant, in accordance with	2986
rules adopted under divisions (B)(4) and (5) of this section, for	2987
failure to meet standards set by the adopted rules.	2988

(B) The executive director, with the advice and counsel of	2989
the firefighter and fire safety inspector training committee of	2990
the state board of emergency medical, fire, and transportation	2991
services, shall adopt, and may amend or rescind, rules under	2992
Chapter 119. of the Revised Code that establish all of the	2993
following:	2994

(1) Requirements for, and procedures for chartering, the	2995
training programs regulated by this section;	2996

(2) Requirements for, and requirements and procedures for	2997
obtaining and renewing, an instructor certificate to teach the	2998
training programs and continuing education classes regulated by	2999
this section;	3000

(3) Requirements for, and requirements and procedures for	3001
obtaining and renewing, any of the fire training certificates	3002
regulated by this section;	3003

(4) Grounds and procedures for suspending, revoking,	3004
restricting, or refusing to issue or renew any of the certificates	3005
or charters regulated by this section, which grounds shall be	3006
limited to one of the following:	3007

(a) Failure to satisfy the education or training requirements	3008
of this section;	3009

(b) Conviction of a felony offense;

3010

3011

(d) Conviction of a misdemeanor committed in the course of	3012
practice;	3013

(e) In the case of a chartered training program or applicant,	3014
failure to meet standards set by the rules adopted under this	3015
division.	3016

(5) Grounds and procedures for imposing and collecting fines,	3017
not to exceed one thousand dollars, in relation to actions taken	3018
under division (B)(4) of this section against persons holding	3019
certificates and charters regulated by this section, the fines to	3020
be deposited into the trauma and emergency medical services fund	3021
established under section 4513.263 of the Revised Code;	3022

(6) Continuing education requirements for certificate	3023
holders, including a requirement that credit shall be granted for	3024
in-service training programs conducted by local entities;	3025

(7) Procedures for considering the granting of an extension	3026
or exemption of fire service continuing education requirements;	3027

(8) Certification cycles for which the certificates and	3028
charters regulated by this section are valid.	3029

(C) The executive director, with the advice and counsel of	3030
the firefighter and fire safety inspector training committee of	3031
the state board of emergency medical, fire, and transportation	3032
services, shall issue or renew an instructor certificate to teach	3033
the training programs and continuing education classes regulated	3034
by this section to any applicant that the executive director	3035
determines meets the qualifications established in rules adopted	3036
under division (B) of this section, and may take disciplinary	3037
action against an instructor certificate holder or applicant in	3038
accordance with rules adopted under division (B) of this section.	3039
The executive director, with the advice and counsel of the	3040
committee, shall charter or renew the charter of any training	3041
program that the executive director determines meets the	3042
qualifications established in rules adopted under division (B) of	3043
this section, and may take disciplinary action against the holder	3044
of a charter in accordance with rules adopted under division (B)	3045
of this section.	3046

(D) The executive director shall issue or renew a fire	3047
training certificate for a firefighter, a fire safety inspector,	3048
or another position of any fire training certification level	3049
approved by the executive director, to any applicant that the	3050
executive director determines meets the qualifications established	3051
in rules adopted under division (B) of this section and may take	3052
disciplinary actions against a certificate holder or applicant in	3053
accordance with rules adopted under division (B) of this section.	3054

(E) Certificates issued under this section shall be on a form	3055
prescribed by the executive director, with the advice and counsel	3056
of the firefighter and fire safety inspector training committee of	3057
the state board of emergency medical, fire, and transportation	3058
services.	3059

(F)(1) The executive director, with the advice and counsel of	3060
the firefighter and fire safety inspector training committee of	3061
the state board of emergency medical, fire, and transportation	3062
services, shall establish criteria for evaluating the standards	3063
maintained by other states and the branches of the United States	3064
military for firefighter, fire safety inspector, and fire	3065
instructor training programs, and other training programs	3066
recognized by the executive director, to determine whether the	3067
standards are equivalent to those established under this section	3068
and shall establish requirements and procedures for issuing a	3069
certificate to each person who presents proof to the executive	3070
director of having satisfactorily completed a training program	3071
that meets those standards.	3072

(2) The executive director, with the committee's advice and	3073
counsel, shall adopt rules establishing requirements and	3074
procedures for issuing a fire training certificate in lieu of	3075
completing a chartered training program.	3076

(G) Nothing in this section invalidates any other section of	3077
the Revised Code relating to the fire training academy. Section	3078
4765.11 of the Revised Code does not affect any powers and duties	3079
granted to the executive director under this section.	3080

Sec. 4765.56. On receipt of a notice pursuant to section	3081
3123.43 of the Revised Code, the state board of emergency medical,	3082
fire, and transportation services shall comply with sections	3083
3123.41 to 3123.50 of the Revised Code and any applicable rules	3084
adopted under section 3123.63 of the Revised Code with respect to	3085
a certificate to practice issued pursuant to this chapter.	3086

Sec. 4766.01. As used in this chapter:

3087

(A) "Advanced life support" means treatment described in	3088
section 4765.39 of the Revised Code that a paramedic is certified	3089
to perform.	3090

(B) "Air medical service organization" means an organization	3091
that furnishes, conducts, maintains, advertises, promotes, or	3092
otherwise engages in providing medical services with a rotorcraft	3093
air ambulance or fixed wing air ambulance.	3094

(C) "Air medical transportation" means the transporting of a	3095
patient by rotorcraft air ambulance or fixed wing air ambulance	3096
with appropriately licensed and certified medical personnel.	3097

(D) "Ambulance" means any motor vehicle that is specifically	3098
designed, constructed, or modified and equipped and is intended to	3099
be used to provide basic life support, intermediate life support,	3100
advanced life support, or mobile intensive care unit services and	3101
transportation upon the streets or highways of this state of	3102
persons who are seriously ill, injured, wounded, or otherwise	3103
incapacitated or helpless. "Ambulance" does not include air	3104
medical transportation or a vehicle designed and used solely for	3105
the transportation of nonstretcher-bound persons, whether	3106
hospitalized or handicapped or whether ambulatory or confined to a	3107
wheelchair.	3108

(E) "Ambulette" means a motor vehicle that is specifically	3109
designed, constructed, or modified and equipped and is intended to	3110
be used for transportation upon the streets or highways of this	3111
state of persons who require use of a wheelchair.	3112

(F) "Basic life support" means treatment described in section	3113
4765.37 of the Revised Code that an ~~EMT-basic~~EMT is certified to	3114
perform.	3115

(G) "Disaster situation" means any condition or situation	3116
described by rule of the ~~Ohio~~state board of emergency medical,	3117
fire, and transportation ~~board~~services as a mass casualty, major	3118
emergency, natural disaster, or national emergency.	3119

(H) "Emergency medical service organization" means an	3120
organization that uses ~~EMTs-basic~~EMTs, ~~EMTs-I~~advanced EMTs, or	3121
paramedics, or a combination of ~~EMTs-basic~~EMTs, ~~EMTs-I~~advanced	3122
EMTs, and paramedics, to provide medical care to victims of	3123
illness or injury. An emergency medical service organization	3124
includes, but is not limited to, a commercial ambulance service	3125
organization, a hospital, and a funeral home.	3126

(I) "~~EMT-basic~~EMT," "~~EMT-I~~advanced EMT," and "paramedic"	3127
have the same meanings as in section 4765.01 of the Revised Code.	3128

(J) "Fixed wing air ambulance" means a fixed wing aircraft	3129
that is specifically designed, constructed, or modified and	3130
equipped and is intended to be used as a means of air medical	3131
transportation.	3132

(K) "Intermediate life support" means treatment described in	3133
section 4765.38 of the Revised Code that an ~~EMT-I~~advanced EMT is	3134
certified to perform.	3135

(L) "Major emergency" means any emergency event that cannot	3136
be resolved through the use of locally available emergency	3137
resources.	3138

(M) "Mass casualty" means an emergency event that results in	3139
ten or more persons being injured, incapacitated, made ill, or	3140
killed.	3141

(N) "Medical emergency" means an unforeseen event affecting	3142
an individual in such a manner that a need for immediate care is	3143
created.	3144

(O) "Mobile intensive care unit" means an ambulance used only	3145
for maintaining specialized or intensive care treatment and used	3146
primarily for interhospital transports of patients whose	3147
conditions require care beyond the scope of a paramedic as	3148
provided in section 4765.39 of the Revised Code.	3149

(P)(1) "Nonemergency medical service organization" means a	3150
person that does both of the following:	3151

(a) Provides services to the public on a regular basis for	3152
the purpose of transporting individuals who require the use of a	3153
wheelchair or are confined to a wheelchair to receive health care	3154
services at health care facilities or health care practitioners'	3155
offices in nonemergency circumstances;	3156

(b) Provides the services for a fee, regardless of whether	3157
the fee is paid by the person being transported, a third party	3158
payer, as defined in section 3702.51 of the Revised Code, or any	3159
other person or government entity.	3160

(2) "Nonemergency medical service organization" does not	3161
include a health care facility, as defined in section 1751.01 of	3162
the Revised Code, that provides ambulette services only to	3163
patients of that facility.	3164

(Q) "Nontransport vehicle" means a motor vehicle operated by	3165
a licensed emergency medical service organization not as an	3166
ambulance, but as a vehicle for providing services in conjunction	3167
with the ambulances operated by the organization or other	3168
emergency medical service organizations.	3169

(R) "Patient" means any individual who as a result of illness	3170
or injury needs medical attention, whose physical or mental	3171
condition is such that there is imminent danger of loss of life or	3172
significant health impairment, who may be otherwise incapacitated	3173
or helpless as a result of a physical or mental condition, or	3174
whose physical condition requires the use of a wheelchair.	3175

(S) "Rotorcraft air ambulance" means a helicopter or other	3176
aircraft capable of vertical takeoffs, vertical landings, and	3177
hovering that is specifically designed, constructed, or modified	3178
and equipped and is intended to be used as a means of air medical	3179
transportation.	3180

Sec. 4766.03. (A) The ~~Ohio~~state board of emergency medical,	3181
fire, and transportation ~~board~~services shall adopt rules, in	3182
accordance with Chapter 119. of the Revised Code, implementing the	3183
requirements of this chapter. The rules shall include provisions	3184
relating to the following:	3185

(1) Requirements for an emergency medical service	3186
organization to receive a permit for an ambulance or nontransport	3187
vehicle;	3188

(2) Requirements for an emergency medical service	3189
organization to receive a license as a basic life-support,	3190
intermediate life-support, advanced life-support, or mobile	3191
intensive care unit organization;	3192

(3) Requirements for a nonemergency medical service	3193
organization to receive a permit for an ambulette vehicle;	3194

(4) Requirements for a nonemergency medical service	3195
organization to receive a license for an ambulette service;	3196

(5) Requirements for an air medical service organization to	3197
receive a permit for a rotorcraft air ambulance or fixed wing air	3198
ambulance;	3199

(6) Requirements for licensure of air medical service	3200
organizations;	3201

(7) Forms for applications and renewals of licenses and	3202
permits;	3203

(8) Requirements for record keeping of service responses made	3204
by licensed emergency medical service organizations;	3205

(9) Fee amounts for licenses and permits, and their renewals;

3206

(10) Inspection requirements for licensees' vehicles or	3207
aircraft, records, and physical facilities;	3208

(11) Fee amounts for inspections of ambulances, ambulettes,	3209
rotorcraft air ambulances, fixed wing air ambulances, and	3210
nontransport vehicles;	3211

(12) Requirements for ambulances and nontransport vehicles	3212
used by licensed emergency medical service organizations, for	3213
ambulette vehicles used by licensed nonemergency medical service	3214
organizations, and for rotorcraft air ambulances or fixed wing air	3215
ambulances used by licensed air medical service organizations that	3216
specify for each type of vehicle or aircraft the types of	3217
equipment that must be carried, the communication systems that	3218
must be maintained, and the personnel who must staff the vehicle	3219
or aircraft;	3220

(13) The level of care each type of emergency medical service	3221
organization, nonemergency medical service organization, and air	3222
medical service organization is authorized to provide;	3223

(14) Eligibility requirements for employment as an ambulette	3224
driver, including grounds for disqualification due to the results	3225
of a motor vehicle law violation check, chemical test, or criminal	3226
records check. The rule may require that an applicant for	3227
employment as an ambulette driver provide a set of fingerprints to	3228
law enforcement authorities if the applicant comes under final	3229
consideration for employment.	3230

(15) Any other rules that the board determines necessary for	3231
the implementation and enforcement of this chapter.	3232

(B) In the rules for ambulances and nontransport vehicles	3233
adopted under division (A)(12) of this section, the board may	3234
establish requirements that vary according to whether the	3235
emergency medical service organization using the vehicles is	3236
licensed as a basic life-support, intermediate life-support,	3237
advanced life-support, or mobile intensive care unit organization.	3238

(C) A mobile intensive care unit that is not dually certified	3239
to provide advanced life-support and meets the requirements of the	3240
rules adopted under this section is not required to carry	3241
immobilization equipment, including board splint kits, traction	3242
splints, backboards, backboard straps, cervical immobilization	3243
devices, cervical collars, stair chairs, folding cots, or other	3244
types of immobilization equipment determined by the board to be	3245
unnecessary for mobile intensive care units.	3246

A mobile intensive care unit is exempt from the emergency	3247
medical technician staffing requirements of section 4765.43 of the	3248
Revised Code when it is staffed by at least one physician or	3249
registered nurse and another person, designated by a physician,	3250
who holds a valid license or certificate to practice in a health	3251
care profession, and when at least one of the persons staffing the	3252
mobile intensive care unit is a registered nurse whose training	3253
meets or exceeds the training required for a paramedic.	3254

Sec. 4766.04. (A) Except as otherwise provided in this	3255
chapter, no person shall furnish, operate, conduct, maintain,	3256
advertise, engage in, or propose or profess to engage in the	3257
business or service in this state of transporting persons who are	3258
seriously ill, injured, or otherwise incapacitated or who require	3259
the use of a wheelchair or are confined to a wheelchair unless the	3260
person is licensed pursuant to this section.	3261

(B) To qualify for a license as a basic life-support,	3262
intermediate life-support, advanced life-support, or mobile	3263
intensive care unit organization, an emergency medical service	3264
organization shall do all of the following:	3265

(1) Apply for a permit for each ambulance and nontransport	3266
vehicle owned or leased as provided in section 4766.07 of the	3267
Revised Code;	3268

(2) Meet all requirements established in rules adopted by the	3269
~~Ohio~~state board of emergency medical, fire, and transportation	3270
~~board~~services regarding ambulances and nontransport vehicles,	3271
including requirements pertaining to equipment, communications	3272
systems, staffing, and level of care the particular organization	3273
is permitted to render;	3274

(3) Maintain the appropriate type and amount of insurance as	3275
specified in section 4766.06 of the Revised Code;	3276

(4) Meet all other requirements established under rules	3277
adopted by the board for the particular license.	3278

(C) To qualify for a license to provide ambulette service, a	3279
nonemergency medical service organization shall do all of the	3280
following:	3281

(1) Apply for a permit for each ambulette owned or leased as	3282
provided in section 4766.07 of the Revised Code;	3283

(2) Meet all requirements established in rules adopted by the	3284
~~Ohio~~state board of emergency medical, fire, and transportation	3285
~~board~~services regarding ambulettes, including requirements	3286
pertaining to equipment, communication systems, staffing, and	3287
level of care the organization is permitted to render;	3288

(3) Maintain the appropriate type and amount of insurance as	3289
specified in section 4766.06 of the Revised Code;	3290

(4) Meet all other requirements established under rules	3291
adopted by the board for the license.	3292

(D) To qualify for a license to provide air medical	3293
transportation, an air medical service organization shall do all	3294
of the following:	3295

(1) Apply for a permit for each rotorcraft air ambulance and	3296
fixed wing air ambulance owned or leased as provided in section	3297
4766.07 of the Revised Code;	3298

(2) Meet all requirements established in rules adopted by the	3299
~~Ohio~~state board of emergency medical, fire, and transportation	3300
~~board~~services regarding rotorcraft air ambulances and fixed wing	3301
air ambulances, including requirements pertaining to equipment,	3302
communication systems, staffing, and level of care the	3303
organization is permitted to render;	3304

(3) Maintain the appropriate type and amount of insurance as	3305
specified in section 4766.06 of the Revised Code;	3306

(4) Meet all other requirements established under rules	3307
adopted by the board for the license.	3308

(E) An emergency medical service organization that applies	3309
for a license as a basic life-support, intermediate life-support,	3310
advanced life-support, or mobile intensive care unit organization;	3311
a nonemergency medical service organization that applies for a	3312
license to provide ambulette service; or an air medical service	3313
organization that applies for a license to provide air medical	3314
transportation shall submit a completed application to the board,	3315
on a form provided by the board for each particular license,	3316
together with the appropriate fees established under section	3317
4766.05 of the Revised Code. The application form shall include	3318
all of the following:	3319

(1) The name and business address of the operator of the	3320
organization for which licensure is sought;	3321

(2) The name under which the applicant will operate the	3322
organization;	3323

(3) A list of the names and addresses of all officers and	3324
directors of the organization;	3325

(4) For emergency medical service organizations and	3326
nonemergency medical service organizations, a description of each	3327
vehicle to be used, including the make, model, year of	3328
manufacture, mileage, vehicle identification number, and the color	3329
scheme, insignia, name, monogram, or other distinguishing	3330
characteristics to be used to designate the applicant's vehicle;	3331

(5) For air medical service organizations using fixed wing	3332
air ambulances, a description of each aircraft to be used,	3333
including the make, model, year of manufacture, and aircraft hours	3334
on airframe;	3335

(6) For air medical service organizations using rotorcraft	3336
air ambulances, a description of each aircraft to be used,	3337
including the make, model, year of manufacture, aircraft hours on	3338
airframe, aircraft identification number, and the color scheme,	3339
insignia, name, monogram, or other distinguishing characteristics	3340
to be used to designate the applicant's rotorcraft air ambulance;	3341

(7) The location and description of each place from which the	3342
organization will operate;	3343

(8) A description of the geographic area to be served by the	3344
applicant;	3345

(9) Any other information the board, by rule, determines	3346
necessary.	3347

(F) Within sixty days after receiving a completed application	3348
for licensure as a basic life-support, intermediate life-support,	3349
advanced life-support, or mobile intensive care unit organization;	3350
an ambulette service; or an air medical service organization, the	3351
board shall approve or deny the application. The board shall deny	3352
an application if it determines that the applicant does not meet	3353
the requirements of this chapter or any rules adopted under it.	3354
The board shall send notice of the denial of an application by	3355
certified mail to the applicant. The applicant may request a	3356
hearing within ten days after receipt of the notice. If the board	3357
receives a timely request, it shall hold a hearing in accordance	3358
with Chapter 119. of the Revised Code.	3359

(G) If an applicant or licensee operates or plans to operate	3360
an organization in more than one location under the same or	3361
different identities, the applicant or licensee shall apply for	3362
and meet all requirements for licensure or renewal of a license,	3363
other than payment of a license fee or renewal fee, for operating	3364
the organization at each separate location. An applicant or	3365
licensee that operates or plans to operate under the same	3366
organization identity in separate locations shall pay only a	3367
single license fee.	3368

(H) An emergency medical service organization that wishes to	3369
provide ambulette services to the public must apply for a separate	3370
license under division (C) of this section.	3371

(I) Each license issued under this section and each permit	3372
issued under section 4766.07 of the Revised Code expires one year	3373
after the date of issuance and may be renewed in accordance with	3374
the standard renewal procedures of Chapter 4745. of the Revised	3375
Code. An application for renewal shall include the license or	3376
permit renewal fee established under section 4766.05 of the	3377
Revised Code. An applicant for renewal of a permit also shall	3378
submit to the board proof of an annual inspection of the vehicle	3379
or aircraft for which permit renewal is sought. The board shall	3380
renew a license if the applicant meets the requirements for	3381
licensure and shall renew a permit if the applicant and vehicle or	3382
aircraft meet the requirements to maintain a permit for that	3383
vehicle or aircraft.	3384

(J) Each licensee shall maintain accurate records of all	3385
service responses conducted. The records shall be maintained on	3386
forms prescribed by the board and shall contain information as	3387
specified by rule by the board.	3388

Sec. 4766.05. (A) The ~~Ohio~~state board of emergency medical,	3389
fire, and transportation ~~board~~services shall establish by rule a	3390
license fee, a permit fee for each ambulance, ambulette,	3391
rotorcraft air ambulance, fixed wing air ambulance, and	3392
nontransport vehicle owned or leased by the licensee that is or	3393
will be used as provided in section 4766.07 of the Revised Code,	3394
and fees for renewals of licenses and permits, taking into	3395
consideration the actual costs incurred by the board in carrying	3396
out its duties under this chapter. However, the fee for each	3397
license and each renewal of a license shall not exceed one hundred	3398
dollars, and the fee for each permit and each renewal of a permit	3399
shall not exceed one hundred dollars for each ambulance,	3400
rotorcraft air ambulance, fixed wing air ambulance, and	3401
nontransport vehicle. The ~~fee for each permit and each renewal of~~	3402
~~a permit shall be twenty-five dollars for each ambulette for one~~	3403
~~year after March 9, 2004. Thereafter, the~~ board shall determine by	3404
rule the fee, which shall not exceed fifty dollars, for each	3405
permit and each renewal of a permit for each ambulette. For	3406
purposes of establishing fees, "actual costs" includes the costs	3407
of salaries, expenses, inspection equipment, supervision, and	3408
program administration.	3409

(B) The board shall deposit all fees and other moneys	3410
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of	3411
the Revised Code in the state treasury to the credit of the	3412
~~occupational licensing~~trauma and ~~regulatory~~emergency medical	3413
services fund, which is created by section ~~4743.05~~4513.263 of the	3414
Revised Code. ~~All moneys from the fund shall be used solely for~~	3415
~~the salaries and expenses of the board incurred in implementing~~	3416
~~and enforcing this chapter.~~	3417

(C) The board, subject to the approval of the controlling	3418
board, may establish fees in excess of the maximum amounts allowed	3419
under division (A) of this section, but such fees shall not exceed	3420
those maximum amounts by more than fifty per cent.	3421

Sec. 4766.07. (A) Except as otherwise provided by rule of	3422
the ~~Ohio~~state board of emergency medical, fire, and	3423
transportation ~~board~~services, each emergency medical service	3424
organization, nonemergency medical service organization, and air	3425
medical service organization subject to licensure under this	3426
chapter shall possess a valid permit for each ambulance,	3427
ambulette, rotorcraft air ambulance, fixed wing air ambulance, and	3428
nontransport vehicle it owns or leases that is or will be used by	3429
the licensee to perform the services permitted by the license.	3430
Each licensee and license applicant shall submit the appropriate	3431
fee and an application for a permit for each ambulance, ambulette,	3432
rotorcraft air ambulance, fixed wing air ambulance, and	3433
nontransport vehicle to the ~~Ohio~~state board of emergency	3434
medical, fire, and transportation ~~board~~services on forms provided	3435
by the board. The application shall include documentation that the	3436
vehicle or aircraft meets the appropriate standards set by the	3437
board, that the vehicle or aircraft has been inspected pursuant to	3438
division (C) of this section, that the permit applicant maintains	3439
insurance as provided in section 4766.06 of the Revised Code, and	3440
that the vehicle or aircraft and permit applicant meet any other	3441
requirements established under rules adopted by the board.	3442

The ~~Ohio~~state board of emergency medical, fire, and	3443
transportation ~~board~~services may adopt rules in accordance with	3444
Chapter 119. of the Revised Code to authorize the temporary use of	3445
a vehicle or aircraft for which a permit is not possessed under	3446
this section in back-up or disaster situations.	3447

(B)(1) Within sixty days after receiving a completed	3448
application for a permit, the board shall issue or deny the	3449
permit. The board shall deny an application if it determines that	3450
the permit applicant, vehicle, or aircraft does not meet the	3451
requirements of this chapter and the rules adopted under it that	3452
apply to permits for ambulances, ambulettes, rotorcraft air	3453
ambulances, fixed wing air ambulances, and nontransport vehicles.	3454
The board shall send notice of the denial of an application by	3455
certified mail to the permit applicant. The permit applicant may	3456
request a hearing within ten days after receipt of the notice. If	3457
the board receives a timely request, it shall hold a hearing in	3458
accordance with Chapter 119. of the Revised Code.	3459

(2) If the board issues the vehicle permit for an ambulance,	3460
ambulette, or nontransport vehicle, it also shall issue a decal,	3461
in a form prescribed by rule, to be displayed on the rear window	3462
of the vehicle. The board shall not issue a decal until all of the	3463
requirements for licensure and permit issuance have been met.	3464

(3) If the board issues the aircraft permit for a rotorcraft	3465
air ambulance or fixed wing air ambulance, it also shall issue a	3466
decal, in a form prescribed by rule, to be displayed on the left	3467
fuselage aircraft window in a manner that complies with all	3468
applicable federal aviation regulations. The board shall not issue	3469
a decal until all of the requirements for licensure and permit	3470
issuance have been met.	3471

(C) In addition to any other requirements that the board	3472
establishes by rule, a licensee or license applicant applying for	3473
an initial vehicle or aircraft permit under division (A) of this	3474
section shall submit to the board the vehicle or aircraft for	3475
which the permit is sought. Thereafter, a licensee shall annually	3476
submit to the board each vehicle or aircraft for which a permit	3477
has been issued.	3478

(1) The board shall conduct a physical inspection of an	3479
ambulance, ambulette, or nontransport vehicle to determine its	3480
roadworthiness and compliance with standard motor vehicle	3481
requirements.	3482

(2) The board shall conduct a physical inspection of the	3483
medical equipment, communication system, and interior of an	3484
ambulance to determine the operational condition and safety of the	3485
equipment and the ambulance's interior and to determine whether	3486
the ambulance is in compliance with the federal requirements for	3487
ambulance construction that were in effect at the time the	3488
ambulance was manufactured, as specified by the general services	3489
administration in the various versions of its publication titled	3490
"federal specification for the star-of-life ambulance,	3491
KKK-A-1822."	3492

(3) The board shall conduct a physical inspection of the	3493
equipment, communication system, and interior of an ambulette to	3494
determine the operational condition and safety of the equipment	3495
and the ambulette's interior and to determine whether the	3496
ambulette is in compliance with state requirements for ambulette	3497
construction. The board shall determine by rule requirements for	3498
the equipment, communication system, interior, and construction of	3499
an ambulette.	3500

(4) The board shall conduct a physical inspection of the	3501
medical equipment, communication system, and interior of a	3502
rotorcraft air ambulance or fixed wing air ambulance to determine	3503
the operational condition and safety of the equipment and the	3504
aircraft's interior.	3505

(5) The board shall issue a certificate to the applicant for	3506
each vehicle or aircraft that passes the inspection and may assess	3507
a fee for each inspection, as established by the board.	3508

(6) The board shall adopt rules regarding the implementation	3509
and coordination of inspections. The rules may permit the board to	3510
contract with a third party to conduct the inspections required of	3511
the board under this section.	3512

Sec. 4766.08. (A) The ~~Ohio~~state board of emergency medical,	3513
fire, and transportation ~~board may~~services, pursuant to an	3514
adjudication conducted in accordance with Chapter 119. of the	3515
Revised Code, may suspend or revoke any license or permit or	3516
renewal thereof issued under this chapter for any one or	3517
combination of the following causes:	3518

(1) Violation of this chapter or any rule adopted thereunder;

3519

(2) Refusal to permit the board to inspect a vehicle or	3520
aircraft used under the terms of a permit or to inspect the	3521
records or physical facilities of a licensee;	3522

(3) Failure to meet the ambulance, ambulette, rotorcraft air	3523
ambulance, fixed wing air ambulance, and nontransport vehicle	3524
requirements specified in this chapter or the rules adopted	3525
thereunder;	3526

(4) Violation of an order issued by the board;

3527

(5) Failure to comply with any of the terms of an agreement	3528
entered into with the board regarding the suspension or revocation	3529
of a license or permit or the imposition of a penalty under this	3530
section.	3531

(B) If the board determines that the records, record-keeping	3532
procedures, or physical facilities of a licensee, or an ambulance,	3533
ambulette, rotorcraft air ambulance, fixed wing air ambulance, or	3534
nontransport vehicle for which a valid permit has been issued, do	3535
not meet the standards specified in this chapter and the rules	3536
adopted thereunder, the board shall notify the licensee of any	3537
deficiencies within thirty days of finding the deficiencies. If	3538
the board determines that the deficiencies exist and they remain	3539
uncorrected after thirty days, the board may suspend the license,	3540
vehicle permit, or aircraft permit. The licensee, notwithstanding	3541
the suspension under this division, may operate until all appeals	3542
have been exhausted.	3543

(C) At the discretion of the board, a licensee whose license	3544
has been suspended or revoked under this section may be ineligible	3545
to be licensed under this chapter for a period of not more than	3546
three years from the date of the violation, provided that the	3547
board shall make no determination on a period of ineligibility	3548
until all the licensee's appeals relating to the suspension or	3549
revocation have been exhausted.	3550

(D) The board may, in addition to any other action taken	3551
under this section and after a hearing conducted pursuant to	3552
Chapter 119. of the Revised Code, impose a penalty of not more	3553
than fifteen hundred dollars for any violation specified in this	3554
section. The attorney general shall institute a civil action for	3555
the collection of any such penalty imposed.	3556

Sec. 4766.09. This chapter does not apply to any of the	3557
following:	3558

(A) A person rendering services with an ambulance in the	3559
event of a disaster situation when licensees' vehicles based in	3560
the locality of the disaster situation are incapacitated or	3561
insufficient in number to render the services needed;	3562

(B) Any person operating an ambulance, ambulette, rotorcraft	3563
air ambulance, or fixed wing air ambulance outside this state	3564
unless receiving a person within this state for transport to a	3565
location within this state;	3566

(C) A publicly owned or operated emergency medical service	3567
organization and the vehicles it owns or leases and operates,	3568
except as provided in section 307.051, division (G) of section	3569
307.055, division (F) of section 505.37, division (B) of section	3570
505.375, and division (B)(3) of section 505.72 of the Revised	3571
Code;	3572

(D) An ambulance, ambulette, rotorcraft air ambulance, fixed	3573
wing air ambulance, or nontransport vehicle owned or leased and	3574
operated by the federal government;	3575

(E) A publicly owned and operated fire department vehicle;

3576

(F) Emergency vehicles owned by a corporation and operating	3577
only on the corporation's premises, for the sole use by that	3578
corporation;	3579

(G) An ambulance, nontransport vehicle, or other emergency	3580
medical service organization vehicle owned and operated by a	3581
municipal corporation;	3582

(H) A motor vehicle titled in the name of a volunteer rescue	3583
service organization, as defined in section 4503.172 of the	3584
Revised Code;	3585

(I) A public emergency medical service organization;

3586

(J) A fire department, rescue squad, or life squad comprised	3587
of volunteers who provide services without expectation of	3588
remuneration and do not receive payment for services other than	3589
reimbursement for expenses;	3590

(K) A private, nonprofit emergency medical service	3591
organization when fifty per cent or more of its personnel are	3592
volunteers, as defined in section 4765.01 of the Revised Code;	3593

(L) Emergency medical service personnel who are regulated by	3594
the state board of emergency medical, fire, and transportation	3595
services under Chapter 4765. of the Revised Code;	3596

(M) Any of the following that operates a transit bus, as that	3597
term is defined in division (Q) of section 5735.01 of the Revised	3598
Code, unless the entity provides ambulette services that are	3599
reimbursed under the state medicaid plan:	3600

(1) A public nonemergency medical service organization;

3601

(2) An urban or rural public transit system;

3602

(3) A private nonprofit organization that receives grants	3603
under section 5501.07 of the Revised Code.	3604

(N)(1) An entity, to the extent it provides ambulette	3605
services, if the entity meets all of the following conditions:	3606

(a) The entity is certified by the department of aging or the	3607
department's designee in accordance with section 173.391 of the	3608
Revised Code or operates under a contract or grant agreement with	3609
the department or the department's designee in accordance with	3610
section 173.392 of the Revised Code.	3611

(b) The entity meets the requirements of section 4766.14 of	3612
the Revised Code.	3613

(c) The entity does not provide ambulette services that are	3614
reimbursed under the state medicaid plan.	3615

(2) A vehicle, to the extent it is used to provide ambulette	3616
services, if the vehicle meets both of the following conditions:	3617

(a) The vehicle is owned by an entity that meets the	3618
conditions specified in division (N)(1) of this section.	3619

(b) The vehicle does not provide ambulette services that are	3620
reimbursed under the state medicaid plan.	3621

(O) A vehicle that meets both of the following criteria,	3622
unless the vehicle provides services that are reimbursed under the	3623
state medicaid plan:	3624

(1) The vehicle was purchased with funds from a grant made by	3625
the United States secretary of transportation under 49 U.S.C.	3626
5310;	3627

(2) The department of transportation holds a lien on the	3628
vehicle.	3629

Sec. 4766.10. This chapter does not invalidate any ordinance	3630
or resolution adopted by a municipal corporation that establishes	3631
standards for the licensure of emergency medical service	3632
organizations as basic life-support, intermediate life-support, or	3633
advanced life-support service organizations that have their	3634
principal places of business located within the limits of the	3635
municipal corporation, as long as the licensure standards meet or	3636
exceed the standards established in this chapter and the rules	3637
adopted thereunder.	3638

Emergency medical service organizations licensed by a	3639
municipal corporation are subject to the jurisdiction of the ~~Ohio~~	3640
state board of emergency medical, fire, and transportation ~~board~~	3641
services, but the fees they pay to the board for licenses,	3642
permits, and renewals thereof shall not exceed fifty per cent of	3643
the fee amounts established by the board pursuant to section	3644
4766.03 of the Revised Code. The board may choose to waive the	3645
vehicle inspection requirements and inspection fees, but not the	3646
permit fees, for the vehicles of organizations licensed by a	3647
municipal corporation.	3648

Sec. 4766.11. (A) The ~~Ohio~~state board of emergency medical,	3649
fire, and transportation ~~board~~services may investigate alleged	3650
violations of this chapter or the rules adopted under it and may	3651
investigate any complaints received regarding alleged violations.	3652

In addition to any other remedies available and regardless of	3653
whether an adequate remedy at law exists, the board may apply to	3654
the court of common pleas in the county where a violation of any	3655
provision of this chapter or any rule adopted pursuant thereto is	3656
occurring for a temporary or permanent injunction restraining a	3657
person from continuing to commit that violation. On a showing that	3658
a person has committed a violation, the court shall grant the	3659
injunction.	3660

In conducting an investigation under this section, the board	3661
may issue subpoenas compelling the attendance and testimony of	3662
witnesses and the production of books, records, and other	3663
documents pertaining to the investigation. If a person fails to	3664
obey a subpoena from the board, the board may apply to the court	3665
of common pleas in the county where the investigation is being	3666
conducted for an order compelling the person to comply with the	3667
subpoena. On application by the board, the court shall compel	3668
obedience by attachment proceedings for contempt, as in the case	3669
of disobedience of the requirements of a subpoena from the court	3670
or a refusal to testify therein.	3671

(B) The ~~medical transportation~~ board may suspend a license	3672
issued under this chapter without a prior hearing if it determines	3673
that there is evidence that the license holder is subject to	3674
action under this section and that there is clear and convincing	3675
evidence that continued operation by the license holder presents a	3676
danger of immediate and serious harm to the public. The	3677
chairperson and executive director of the board shall make a	3678
preliminary determination and describe the evidence on which they	3679
made their determination to the board members. The board by	3680
resolution may designate another board member to act in place of	3681
the chairperson or another employee to act in place of the	3682
executive director in the event that the chairperson or executive	3683
director is unavailable or unable to act. Upon review of the	3684
allegations, the board, by the affirmative vote of ~~at least four~~a	3685
majority of its members, may suspend the license without a	3686
hearing.	3687

~~Any method of communication, including a telephone conference~~	3688
~~call, may be utilized for describing the evidence to the board~~	3689
~~members, for reviewing the allegations, and for voting on the~~	3690
~~suspension.~~	3691

Immediately following the decision by the board to suspend a	3692
license under this division, the board shall issue a written order	3693
of suspension and cause it to be delivered in accordance with	3694
section 119.07 of the Revised Code. If the license holder subject	3695
to the suspension requests an adjudication hearing by the board,	3696
the date set for the adjudication shall be within fifteen days but	3697
not earlier than seven days after the request unless another date	3698
is agreed to by the license holder and the board.	3699

Any summary suspension imposed under this division remains in	3700
effect, unless reversed by the board, until a final adjudicative	3701
order issued by the board pursuant to this section and Chapter	3702
119. of the Revised Code becomes effective. The board shall issue	3703
its final adjudicative order not less than ninety days after	3704
completion of its adjudication hearing. Failure to issue the order	3705
by that day shall cause the summary suspension order to end, but	3706
such failure shall not affect the validity of any subsequent final	3707
adjudication order.	3708

Sec. 4766.12. If a county, township, joint ambulance	3709
district, or joint emergency medical services district chooses to	3710
have the ~~Ohio~~state board of emergency medical, fire, and	3711
transportation ~~board~~services license its emergency medical	3712
service organizations and issue permits for its vehicles pursuant	3713
to this chapter, except as may be otherwise provided, all	3714
provisions of this chapter and all rules adopted by the board	3715
thereunder are fully applicable. However, a county, township,	3716
joint ambulance district, or joint emergency medical services	3717
district is not required to obtain any type of permit from the	3718
board for any of its nontransport vehicles.	3719

Sec. 4766.13. The ~~Ohio~~state board of emergency medical,	3720
fire, and transportation ~~board~~services, by endorsement, may	3721
license and issue vehicle permits to an emergency medical service	3722
organization or a nonemergency medical service organization that	3723
is regulated by another state. To qualify for a license and	3724
vehicle permits by endorsement, an organization must submit	3725
evidence satisfactory to the board that it has met standards in	3726
another state that are equal to or more stringent than the	3727
standards established by this chapter and the rules adopted under	3728
it.	3729

Sec. 4766.15. (A) An applicant for employment as an	3730
ambulette driver with an organization licensed pursuant to this	3731
chapter shall submit proof to the organization of, or give consent	3732
to the employer to obtain, all of the following:	3733

(1)(a) A valid driver's license issued pursuant to Chapter	3734
4506. or 4507. of the Revised Code, or its equivalent, if the	3735
applicant is a resident of another state;	3736

(b) A recent certified abstract of the applicant's record of	3737
convictions for violations of motor vehicle laws provided by the	3738
registrar of motor vehicles pursuant to section 4509.05 of the	3739
Revised Code, or its equivalent, if the applicant is a resident of	3740
another state.	3741

(2)(a) A certificate of completion of a course in first aid	3742
techniques offered by the American red cross or an equivalent	3743
organization;	3744

(b) A certificate of completion of a course in	3745
cardiopulmonary resuscitation, or its equivalent, offered by an	3746
organization approved by the ~~Ohio~~state board of emergency	3747
medical, fire, and transportation ~~board~~services.	3748

(3) The result of a chemical test or tests of the applicant's	3749
blood, breath, or urine conducted at a hospital or other	3750
institution approved by the board for the purpose of determining	3751
the alcohol, drug of abuse, controlled substance, or metabolite of	3752
a controlled substance content of the applicant's whole blood,	3753
blood serum or plasma, breath, or urine;	3754

(4) The result of a criminal records check conducted by the	3755
bureau of criminal identification and investigation.	3756

(B) An organization may employ an applicant on a temporary	3757
provisional basis pending the completion of all of the	3758
requirements of this section. The length of the provisional period	3759
shall be determined by the board.	3760

(C) An organization licensed pursuant to this chapter shall	3761
use information received pursuant to this section to determine in	3762
accordance with rules adopted by the ~~Ohio~~state board of emergency	3763
medical, fire, and transportation ~~board~~services under section	3764
4766.03 of the Revised Code whether an applicant is disqualified	3765
for employment.	3766

No applicant shall be accepted for permanent employment as an	3767
ambulette driver by an organization licensed pursuant to this	3768
chapter until all of the requirements of division (A) of this	3769
section have been met.	3770

Sec. 4766.22. (A) Not later than forty-five days after the	3771
end of each fiscal year, the ~~Ohio~~state board of emergency	3772
medical, fire, and transportation ~~board~~services shall submit a	3773
report to the governor and general assembly that provides all of	3774
the following information for that fiscal year:	3775

(1) The number of each of the following the board issued:

3776

(a) Basic life-support organization licenses;

3777

(b) Intermediate life-support organization licenses;

3778

3779

(d) Mobile intensive care unit organization licenses;

3780

(e) Ambulette service licenses;

3781

(f) Air medical service organization licenses;

3782

(g) Ambulance permits;

3783

(h) Nontransport vehicle permits;

3784

(i) Ambulette vehicle permits;

3785

(j) Rotorcraft air ambulance permits;

3786

(k) Fixed wing air ambulance permits.

3787

(2) The amount of fees the board collected for issuing and	3788
renewing each type of license and permit specified in division	3789
(A)(1) of this section;	3790

(3) The number of inspections the board or a third party on	3791
the board's behalf conducted in connection with each type of	3792
license and permit specified in division (A)(1) of this section	3793
and the amount of fees the board collected for the inspections;	3794

(4) The number of complaints that were submitted to the	3795
board;	3796

(5) The number of investigations the board conducted under	3797
section 4766.11 of the Revised Code;	3798

(6) The number of adjudication hearings the board held and	3799
the outcomes of the adjudications;	3800

(7) The amount of penalties the board imposed and collected	3801
under section 4766.08 of the Revised Code;	3802

(8) Other information the board determines reflects the	3803
board's operations.	3804

(B) The board shall post the annual report required by this	3805
section on its web site and make it available to the public on	3806
request.	3807

Sec. 5502.01. (A) The department of public safety shall	3808
administer and enforce the laws relating to the registration,	3809
licensing, sale, and operation of motor vehicles and the laws	3810
pertaining to the licensing of drivers of motor vehicles.	3811

The department shall compile, analyze, and publish statistics	3812
relative to motor vehicle accidents and the causes of them,	3813
prepare and conduct educational programs for the purpose of	3814
promoting safety in the operation of motor vehicles on the	3815
highways, and conduct research and studies for the purpose of	3816
promoting safety on the highways of this state.	3817

(B) The department shall administer the laws and rules	3818
relative to trauma and emergency medical services specified in	3819
Chapter 4765. of the Revised Code and any laws and rules relative	3820
to commercial medical transportation services as may be specified	3821
in Chapter 4766. of the Revised Code.	3822

(C) The department shall administer and enforce the laws	3823
contained in Chapters 4301. and 4303. of the Revised Code and	3824
enforce the rules and orders of the liquor control commission	3825
pertaining to retail liquor permit holders.	3826

(D) The department shall administer the laws governing the	3827
state emergency management agency and shall enforce all additional	3828
duties and responsibilities as prescribed in the Revised Code	3829
related to emergency management services.	3830

(E) The department shall conduct investigations pursuant to	3831
Chapter 5101. of the Revised Code in support of the duty of the	3832
department of job and family services to administer the	3833
supplemental nutrition assistance program throughout this state.	3834
The department of public safety shall conduct investigations	3835
necessary to protect the state's property rights and interests in	3836
the supplemental nutrition assistance program.	3837

(F) The department of public safety shall enforce compliance	3838
with orders and rules of the public utilities commission and	3839
applicable laws in accordance with Chapters 4905., 4921., and	3840
4923. of the Revised Code regarding commercial motor vehicle	3841
transportation safety, economic, and hazardous materials	3842
requirements.	3843

(G) Notwithstanding Chapter 4117. of the Revised Code, the	3844
department of public safety may establish requirements for its	3845
enforcement personnel, including its enforcement agents described	3846
in section 5502.14 of the Revised Code, that include standards of	3847
conduct, work rules and procedures, and criteria for eligibility	3848
as law enforcement personnel.	3849

(H) The department shall administer, maintain, and operate	3850
the Ohio criminal justice network. The Ohio criminal justice	3851
network shall be a computer network that supports state and local	3852
criminal justice activities. The network shall be an electronic	3853
repository for various data, which may include arrest warrants,	3854
notices of persons wanted by law enforcement agencies, criminal	3855
records, prison inmate records, stolen vehicle records, vehicle	3856
operator's licenses, and vehicle registrations and titles.	3857

(I) The department shall coordinate all homeland security	3858
activities of all state agencies and shall be a liaison between	3859
state agencies and local entities for those activities and related	3860
purposes.	3861

(J) Beginning July 1, 2004, the department shall administer	3862
and enforce the laws relative to private investigators and	3863
security service providers specified in Chapter 4749. of the	3864
Revised Code.	3865

(K) The department shall administer criminal justice services	3866
in accordance with sections 5502.61 to 5502.66 of the Revised	3867
Code.	3868

Sec. 5709.40. (A) As used in this section:

3869

(1) "Blighted area" and "impacted city" have the same	3870
meanings as in section 1728.01 of the Revised Code.	3871

(2) "Business day" means a day of the week excluding	3872
Saturday, Sunday, and a legal holiday as defined under section	3873
1.14 of the Revised Code.	3874

(3) "Housing renovation" means a project carried out for	3875
residential purposes.	3876

(4) "Improvement" means the increase in the assessed value of	3877
~~any~~ real property ~~that would first appear~~above the assessed value	3878
of the property as it appears on the most recent tax list and	3879
duplicate of real and public utility property ~~after~~compiled	3880
before the effective date of an ordinance adopted under this	3881
section ~~were it not for the exemption granted by that ordinance~~.	3882

(5) "Incentive district" means an area not more than three	3883
hundred acres in size enclosed by a continuous boundary in which a	3884
project is being, or will be, undertaken and having one or more of	3885
the following distress characteristics:	3886

(a) At least fifty-one per cent of the residents of the	3887
district have incomes of less than eighty per cent of the median	3888
income of residents of the political subdivision in which the	3889
district is located, as determined in the same manner specified	3890
under section 119(b) of the "Housing and Community Development Act	3891
of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended;	3892

(b) The average rate of unemployment in the district during	3893
the most recent twelve-month period for which data are available	3894
is equal to at least one hundred fifty per cent of the average	3895
rate of unemployment for this state for the same period.	3896

(c) At least twenty per cent of the people residing in the	3897
district live at or below the poverty level as defined in the	3898
federal Housing and Community Development Act of 1974, 42 U.S.C.	3899
5301, as amended, and regulations adopted pursuant to that act.	3900

(d) The district is a blighted area.

3901

(e) The district is in a situational distress area as	3902
designated by the director of development under division (F) of	3903
section 122.23 of the Revised Code.	3904

(f) As certified by the engineer for the political	3905
subdivision, the public infrastructure serving the district is	3906
inadequate to meet the development needs of the district as	3907
evidenced by a written economic development plan or urban renewal	3908
plan for the district that has been adopted by the legislative	3909
authority of the subdivision.	3910

(g) The district is comprised entirely of unimproved land	3911
that is located in a distressed area as defined in section 122.23	3912
of the Revised Code.	3913

(6) "Project" means development activities undertaken on one	3914
or more parcels, including, but not limited to, construction,	3915
expansion, and alteration of buildings or structures, demolition,	3916
remediation, and site development, and any building or structure	3917
that results from those activities.	3918

(7) "Public infrastructure improvement" includes, but is not	3919
limited to, public roads and highways; water and sewer lines;	3920
environmental remediation; land acquisition, including acquisition	3921
in aid of industry, commerce, distribution, or research;	3922
demolition, including demolition on private property when	3923
determined to be necessary for economic development purposes;	3924
stormwater and flood remediation projects, including such projects	3925
on private property when determined to be necessary for public	3926
health, safety, and welfare; the provision of gas, electric, and	3927
communications service facilities; and the enhancement of public	3928
waterways through improvements that allow for greater public	3929
access.	3930

(B) The legislative authority of a municipal corporation, by	3931
ordinance, may declare improvements to certain parcels of real	3932
property located in the municipal corporation to be a public	3933
purpose. Improvements with respect to a parcel that is used or to	3934
be used for residential purposes may be declared a public purpose	3935
under this division only if the parcel is located in a blighted	3936
area of an impacted city. For this purpose, "parcel that is used	3937
or to be used for residential purposes" means a parcel that, as	3938
improved, is used or to be used for purposes that would cause the	3939
tax commissioner to classify the parcel as residential property in	3940
accordance with rules adopted by the commissioner under section	3941
5713.041 of the Revised Code. Except with the approval under	3942
division (D) of this section of the board of education of each	3943
city, local, or exempted village school district within which the	3944
improvements are located, not more than seventy-five per cent of	3945
an improvement thus declared to be a public purpose may be	3946
exempted from real property taxation for a period of not more than	3947
ten years. The ordinance shall specify the percentage of the	3948
improvement to be exempted from taxation and the life of the	3949
exemption.	3950

An ordinance adopted or amended under this division shall	3951
designate the specific public infrastructure improvements made, to	3952
be made, or in the process of being made by the municipal	3953
corporation that directly benefit, or that once made will directly	3954
benefit, the parcels for which improvements are declared to be a	3955
public purpose. The service payments provided for in section	3956
5709.42 of the Revised Code shall be used to finance the public	3957
infrastructure improvements designated in the ordinance, for the	3958
purpose described in division (D)(1) of this section or as	3959
provided in section 5709.43 of the Revised Code.	3960

(C)(1) The legislative authority of a municipal corporation	3961
may adopt an ordinance creating an incentive district and	3962
declaring improvements to parcels within the district to be a	3963
public purpose and, except as provided in division (F) of this	3964
section, exempt from taxation as provided in this section, but no	3965
legislative authority of a municipal corporation that has a	3966
population that exceeds twenty-five thousand, as shown by the most	3967
recent federal decennial census, shall adopt an ordinance that	3968
creates an incentive district if the sum of the taxable value of	3969
real property in the proposed district for the preceding tax year	3970
and the taxable value of all real property in the municipal	3971
corporation that would have been taxable in the preceding year	3972
were it not for the fact that the property was in an existing	3973
incentive district and therefore exempt from taxation exceeds	3974
twenty-five per cent of the taxable value of real property in the	3975
municipal corporation for the preceding tax year. The ordinance	3976
shall delineate the boundary of the district and specifically	3977
identify each parcel within the district. A district may not	3978
include any parcel that is or has been exempted from taxation	3979
under division (B) of this section or that is or has been within	3980
another district created under this division. An ordinance may	3981
create more than one such district, and more than one ordinance	3982
may be adopted under division (C)(1) of this section.	3983

(2) Not later than thirty days prior to adopting an ordinance	3984
under division (C)(1) of this section, if the municipal	3985
corporation intends to apply for exemptions from taxation under	3986
section 5709.911 of the Revised Code on behalf of owners of real	3987
property located within the proposed incentive district, the	3988
legislative authority of a municipal corporation shall conduct a	3989
public hearing on the proposed ordinance. Not later than thirty	3990
days prior to the public hearing, the legislative authority shall	3991
give notice of the public hearing and the proposed ordinance by	3992
first class mail to every real property owner whose property is	3993
located within the boundaries of the proposed incentive district	3994
that is the subject of the proposed ordinance.	3995

(3)(a) An ordinance adopted under division (C)(1) of this	3996
section shall specify the life of the incentive district and the	3997
percentage of the improvements to be exempted, shall designate the	3998
public infrastructure improvements made, to be made, or in the	3999
process of being made, that benefit or serve, or, once made, will	4000
benefit or serve parcels in the district. The ordinance also shall	4001
identify one or more specific projects being, or to be, undertaken	4002
in the district that place additional demand on the public	4003
infrastructure improvements designated in the ordinance. The	4004
project identified may, but need not be, the project under	4005
division (C)(3)(b) of this section that places real property in	4006
use for commercial or industrial purposes. Except as otherwise	4007
permitted under that division, the service payments provided for	4008
in section 5709.42 of the Revised Code shall be used to finance	4009
the designated public infrastructure improvements, for the purpose	4010
described in division (D)(1) or (E) of this section, or as	4011
provided in section 5709.43 of the Revised Code.	4012

An ordinance adopted under division (C)(1) of this section on	4013
or after March 30, 2006, shall not designate police or fire	4014
equipment as public infrastructure improvements, and no service	4015
payment provided for in section 5709.42 of the Revised Code and	4016
received by the municipal corporation under the ordinance shall be	4017
used for police or fire equipment.	4018

(b) An ordinance adopted under division (C)(1) of this	4019
section may authorize the use of service payments provided for in	4020
section 5709.42 of the Revised Code for the purpose of housing	4021
renovations within the incentive district, provided that the	4022
ordinance also designates public infrastructure improvements that	4023
benefit or serve the district, and that a project within the	4024
district places real property in use for commercial or industrial	4025
purposes. Service payments may be used to finance or support	4026
loans, deferred loans, and grants to persons for the purpose of	4027
housing renovations within the district. The ordinance shall	4028
designate the parcels within the district that are eligible for	4029
housing renovation. The ordinance shall state separately the	4030
amounts or the percentages of the expected aggregate service	4031
payments that are designated for each public infrastructure	4032
improvement and for the general purpose of housing renovations.	4033

(4) Except with the approval of the board of education of	4034
each city, local, or exempted village school district within the	4035
territory of which the incentive district is or will be located,	4036
and subject to division (E) of this section, the life of an	4037
incentive district shall not exceed ten years, and the percentage	4038
of improvements to be exempted shall not exceed seventy-five per	4039
cent. With approval of the board of education, the life of a	4040
district may be not more than thirty years, and the percentage of	4041
improvements to be exempted may be not more than one hundred per	4042
cent. The approval of a board of education shall be obtained in	4043
the manner provided in division (D) of this section.	4044

(D)(1) If the ordinance declaring improvements to a parcel to	4045
be a public purpose or creating an incentive district specifies	4046
that payments in lieu of taxes provided for in section 5709.42 of	4047
the Revised Code shall be paid to the city, local, or exempted	4048
village, and joint vocational school district in which the parcel	4049
or incentive district is located in the amount of the taxes that	4050
would have been payable to the school district if the improvements	4051
had not been exempted from taxation, the percentage of the	4052
improvement that may be exempted from taxation may exceed	4053
seventy-five per cent, and the exemption may be granted for up to	4054
thirty years, without the approval of the board of education as	4055
otherwise required under division (D)(2) of this section.	4056

(2) Improvements with respect to a parcel may be exempted	4057
from taxation under division (B) of this section, and improvements	4058
to parcels within an incentive district may be exempted from	4059
taxation under division (C) of this section, for up to ten years	4060
or, with the approval under this paragraph of the board of	4061
education of the city, local, or exempted village school district	4062
within which the parcel or district is located, for up to thirty	4063
years. The percentage of the improvement exempted from taxation	4064
may, with such approval, exceed seventy-five per cent, but shall	4065
not exceed one hundred per cent. Not later than forty-five	4066
business days prior to adopting an ordinance under this section	4067
declaring improvements to be a public purpose that is subject to	4068
approval by a board of education under this division, the	4069
legislative authority shall deliver to the board of education a	4070
notice stating its intent to adopt an ordinance making that	4071
declaration. The notice regarding improvements with respect to a	4072
parcel under division (B) of this section shall identify the	4073
parcels for which improvements are to be exempted from taxation,	4074
provide an estimate of the true value in money of the	4075
improvements, specify the period for which the improvements would	4076
be exempted from taxation and the percentage of the improvement	4077
that would be exempted, and indicate the date on which the	4078
legislative authority intends to adopt the ordinance. The notice	4079
regarding improvements to parcels within an incentive district	4080
under division (C) of this section shall delineate the boundaries	4081
of the district, specifically identify each parcel within the	4082
district, identify each anticipated improvement in the district,	4083
provide an estimate of the true value in money of each such	4084
improvement, specify the life of the district and the percentage	4085
of improvements that would be exempted, and indicate the date on	4086
which the legislative authority intends to adopt the ordinance.	4087
The board of education, by resolution adopted by a majority of the	4088
board, may approve the exemption for the period or for the	4089
exemption percentage specified in the notice; may disapprove the	4090
exemption for the number of years in excess of ten, may disapprove	4091
the exemption for the percentage of the improvement to be exempted	4092
in excess of seventy-five per cent, or both; or may approve the	4093
exemption on the condition that the legislative authority and the	4094
board negotiate an agreement providing for compensation to the	4095
school district equal in value to a percentage of the amount of	4096
taxes exempted in the eleventh and subsequent years of the	4097
exemption period or, in the case of exemption percentages in	4098
excess of seventy-five per cent, compensation equal in value to a	4099
percentage of the taxes that would be payable on the portion of	4100
the improvement in excess of seventy-five per cent were that	4101
portion to be subject to taxation, or other mutually agreeable	4102
compensation. If an agreement is negotiated between the	4103
legislative authority and the board to compensate the school	4104
district for all or part of the taxes exempted, including	4105
agreements for payments in lieu of taxes under section 5709.42 of	4106
the Revised Code, the legislative authority shall compensate the	4107
joint vocational school district within which the parcel or	4108
district is located at the same rate and under the same terms	4109
received by the city, local, or exempted village school district.	4110

(3) The board of education shall certify its resolution to	4111
the legislative authority not later than fourteen days prior to	4112
the date the legislative authority intends to adopt the ordinance	4113
as indicated in the notice. If the board of education and the	4114
legislative authority negotiate a mutually acceptable compensation	4115
agreement, the ordinance may declare the improvements a public	4116
purpose for the number of years specified in the ordinance or, in	4117
the case of exemption percentages in excess of seventy-five per	4118
cent, for the exemption percentage specified in the ordinance. In	4119
either case, if the board and the legislative authority fail to	4120
negotiate a mutually acceptable compensation agreement, the	4121
ordinance may declare the improvements a public purpose for not	4122
more than ten years, and shall not exempt more than seventy-five	4123
per cent of the improvements from taxation. If the board fails to	4124
certify a resolution to the legislative authority within the time	4125
prescribed by this division, the legislative authority thereupon	4126
may adopt the ordinance and may declare the improvements a public	4127
purpose for up to thirty years, or, in the case of exemption	4128
percentages proposed in excess of seventy-five per cent, for the	4129
exemption percentage specified in the ordinance. The legislative	4130
authority may adopt the ordinance at any time after the board of	4131
education certifies its resolution approving the exemption to the	4132
legislative authority, or, if the board approves the exemption on	4133
the condition that a mutually acceptable compensation agreement be	4134
negotiated, at any time after the compensation agreement is agreed	4135
to by the board and the legislative authority.	4136

(4) If a board of education has adopted a resolution waiving	4137
its right to approve exemptions from taxation under this section	4138
and the resolution remains in effect, approval of exemptions by	4139
the board is not required under division (D) of this section. If a	4140
board of education has adopted a resolution allowing a legislative	4141
authority to deliver the notice required under division (D) of	4142
this section fewer than forty-five business days prior to the	4143
legislative authority's adoption of the ordinance, the legislative	4144
authority shall deliver the notice to the board not later than the	4145
number of days prior to such adoption as prescribed by the board	4146
in its resolution. If a board of education adopts a resolution	4147
waiving its right to approve agreements or shortening the	4148
notification period, the board shall certify a copy of the	4149
resolution to the legislative authority. If the board of education	4150
rescinds such a resolution, it shall certify notice of the	4151
rescission to the legislative authority.	4152

(5) If the legislative authority is not required by division	4153
(D) of this section to notify the board of education of the	4154
legislative authority's intent to declare improvements to be a	4155
public purpose, the legislative authority shall comply with the	4156
notice requirements imposed under section 5709.83 of the Revised	4157
Code, unless the board has adopted a resolution under that section	4158
waiving its right to receive such a notice.	4159

(E)(1) If a proposed ordinance under division (C)(1) of this	4160
section exempts improvements with respect to a parcel within an	4161
incentive district for more than ten years, or the percentage of	4162
the improvement exempted from taxation exceeds seventy-five per	4163
cent, not later than forty-five business days prior to adopting	4164
the ordinance the legislative authority of the municipal	4165
corporation shall deliver to the board of county commissioners of	4166
the county within which the incentive district will be located a	4167
notice that states its intent to adopt an ordinance creating an	4168
incentive district. The notice shall include a copy of the	4169
proposed ordinance, identify the parcels for which improvements	4170
are to be exempted from taxation, provide an estimate of the true	4171
value in money of the improvements, specify the period of time for	4172
which the improvements would be exempted from taxation, specify	4173
the percentage of the improvements that would be exempted from	4174
taxation, and indicate the date on which the legislative authority	4175
intends to adopt the ordinance.	4176

(2) The board of county commissioners, by resolution adopted	4177
by a majority of the board, may object to the exemption for the	4178
number of years in excess of ten, may object to the exemption for	4179
the percentage of the improvement to be exempted in excess of	4180
seventy-five per cent, or both. If the board of county	4181
commissioners objects, the board may negotiate a mutually	4182
acceptable compensation agreement with the legislative authority.	4183
In no case shall the compensation provided to the board exceed the	4184
property taxes forgone due to the exemption. If the board of	4185
county commissioners objects, and the board and legislative	4186
authority fail to negotiate a mutually acceptable compensation	4187
agreement, the ordinance adopted under division (C)(1) of this	4188
section shall provide to the board compensation in the eleventh	4189
and subsequent years of the exemption period equal in value to not	4190
more than fifty per cent of the taxes that would be payable to the	4191
county or, if the board's objection includes an objection to an	4192
exemption percentage in excess of seventy-five per cent,	4193
compensation equal in value to not more than fifty per cent of the	4194
taxes that would be payable to the county, on the portion of the	4195
improvement in excess of seventy-five per cent, were that portion	4196
to be subject to taxation. The board of county commissioners shall	4197
certify its resolution to the legislative authority not later than	4198
thirty days after receipt of the notice.	4199

(3) If the board of county commissioners does not object or	4200
fails to certify its resolution objecting to an exemption within	4201
thirty days after receipt of the notice, the legislative authority	4202
may adopt the ordinance, and no compensation shall be provided to	4203
the board of county commissioners. If the board timely certifies	4204
its resolution objecting to the ordinance, the legislative	4205
authority may adopt the ordinance at any time after a mutually	4206
acceptable compensation agreement is agreed to by the board and	4207
the legislative authority, or, if no compensation agreement is	4208
negotiated, at any time after the legislative authority agrees in	4209
the proposed ordinance to provide compensation to the board of	4210
fifty per cent of the taxes that would be payable to the county in	4211
the eleventh and subsequent years of the exemption period or on	4212
the portion of the improvement in excess of seventy-five per cent,	4213
were that portion to be subject to taxation.	4214

(F) Service payments in lieu of taxes that are attributable	4215
to any amount by which the effective tax rate of either a renewal	4216
levy with an increase or a replacement levy exceeds the effective	4217
tax rate of the levy renewed or replaced, or that are attributable	4218
to an additional levy, for a levy authorized by the voters for any	4219
of the following purposes on or after January 1, 2006, and which	4220
are provided pursuant to an ordinance creating an incentive	4221
district under division (C)(1) of this section that is adopted on	4222
or after January 1, 2006, shall be distributed to the appropriate	4223
taxing authority as required under division (C) of section 5709.42	4224
of the Revised Code in an amount equal to the amount of taxes from	4225
that additional levy or from the increase in the effective tax	4226
rate of such renewal or replacement levy that would have been	4227
payable to that taxing authority from the following levies were it	4228
not for the exemption authorized under division (C) of this	4229
section:	4230

(1) A tax levied under division (L) of section 5705.19 or	4231
section 5705.191 of the Revised Code for community mental	4232
retardation and developmental disabilities programs and services	4233
pursuant to Chapter 5126. of the Revised Code;	4234

(2) A tax levied under division (Y) of section 5705.19 of the	4235
Revised Code for providing or maintaining senior citizens services	4236
or facilities;	4237

(3) A tax levied under section 5705.22 of the Revised Code	4238
for county hospitals;	4239

(4) A tax levied by a joint-county district or by a county	4240
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	4241
for alcohol, drug addiction, and mental health services or	4242
facilities;	4243

(5) A tax levied under section 5705.23 of the Revised Code	4244
for library purposes;	4245

(6) A tax levied under section 5705.24 of the Revised Code	4246
for the support of children services and the placement and care of	4247
children;	4248

(7) A tax levied under division (Z) of section 5705.19 of the	4249
Revised Code for the provision and maintenance of zoological park	4250
services and facilities under section 307.76 of the Revised Code;	4251

(8) A tax levied under section 511.27 or division (H) of	4252
section 5705.19 of the Revised Code for the support of township	4253
park districts;	4254

(9) A tax levied under division (A), (F), or (H) of section	4255
5705.19 of the Revised Code for parks and recreational purposes of	4256
a joint recreation district organized pursuant to division (B) of	4257
section 755.14 of the Revised Code;	4258

(10) A tax levied under section 1545.20 or 1545.21 of the	4259
Revised Code for park district purposes;	4260

(11) A tax levied under section 5705.191 of the Revised Code	4261
for the purpose of making appropriations for public assistance;	4262
human or social services; public relief; public welfare; public	4263
health and hospitalization; and support of general hospitals;	4264

(12) A tax levied under section 3709.29 of the Revised Code	4265
for a general health district program.	4266

(G) An exemption from taxation granted under this section	4267
commences with the tax year specified in the ordinance so long as	4268
the year specified in the ordinance commences after the effective	4269
date of the ordinance. If the ordinance specifies a year	4270
commencing before the effective date of the resolution or	4271
specifies no year whatsoever, the exemption commences with the tax	4272
year in which an exempted improvement first appears on the tax	4273
list and duplicate of real and public utility property and that	4274
commences after the effective date of the ordinance. Except as	4275
otherwise provided in this division, the exemption ends on the	4276
date specified in the ordinance as the date the improvement ceases	4277
to be a public purpose or the incentive district expires, or ends	4278
on the date on which the public infrastructure improvements and	4279
housing renovations are paid in full from the municipal public	4280
improvement tax increment equivalent fund established under	4281
division (A) of section 5709.43 of the Revised Code, whichever	4282
occurs first. The exemption of an improvement with respect to a	4283
parcel or within an incentive district may end on a later date, as	4284
specified in the ordinance, if the legislative authority and the	4285
board of education of the city, local, or exempted village school	4286
district within which the parcel or district is located have	4287
entered into a compensation agreement under section 5709.82 of the	4288
Revised Code with respect to the improvement, and the board of	4289
education has approved the term of the exemption under division	4290
(D)(2) of this section, but in no case shall the improvement be	4291
exempted from taxation for more than thirty years. Exemptions	4292
shall be claimed and allowed in the same manner as in the case of	4293
other real property exemptions. If an exemption status changes	4294
during a year, the procedure for the apportionment of the taxes	4295
for that year is the same as in the case of other changes in tax	4296
exemption status during the year.	4297

(H) Additional municipal financing of public infrastructure	4298
improvements and housing renovations may be provided by any	4299
methods that the municipal corporation may otherwise use for	4300
financing such improvements or renovations. If the municipal	4301
corporation issues bonds or notes to finance the public	4302
infrastructure improvements and housing renovations and pledges	4303
money from the municipal public improvement tax increment	4304
equivalent fund to pay the interest on and principal of the bonds	4305
or notes, the bonds or notes are not subject to Chapter 133. of	4306
the Revised Code.	4307

(I) The municipal corporation, not later than fifteen days	4308
after the adoption of an ordinance under this section, shall	4309
submit to the director of development a copy of the ordinance. On	4310
or before the thirty-first day of March of each year, the	4311
municipal corporation shall submit a status report to the director	4312
of development. The report shall indicate, in the manner	4313
prescribed by the director, the progress of the project during	4314
each year that an exemption remains in effect, including a summary	4315
of the receipts from service payments in lieu of taxes;	4316
expenditures of money from the funds created under section 5709.43	4317
of the Revised Code; a description of the public infrastructure	4318
improvements and housing renovations financed with such	4319
expenditures; and a quantitative summary of changes in employment	4320
and private investment resulting from each project.	4321

(J) Nothing in this section shall be construed to prohibit a	4322
legislative authority from declaring to be a public purpose	4323
improvements with respect to more than one parcel.	4324

(K) If a parcel is located in a new community district in	4325
which the new community authority imposes a community development	4326
charge on the basis of rentals received from leases of real	4327
property as described in division (L)(2) of section 349.01 of the	4328
Revised Code, the parcel may not be exempted from taxation under	4329
this section.	4330

Sec. 5709.73. (A) As used in this section and section	4331
5709.74 of the Revised Code:	4332

(1) "Business day" means a day of the week excluding	4333
Saturday, Sunday, and a legal holiday as defined in section 1.14	4334
of the Revised Code.	4335

(2) "Further improvements" or "improvements" means the	4336
increase in the assessed value of real property ~~that would first~~	4337
~~appear~~above the assessed value of the property as it appears on	4338
the most recent tax list and duplicate of real and public utility	4339
property ~~after~~compiled before the effective date of a resolution	4340
adopted under this section ~~were it not for the exemption granted~~	4341
~~by that resolution~~. For purposes of division (B) of this section,	4342
"improvements" do not include any property used or to be used for	4343
residential purposes. For this purpose, "property that is used or	4344
to be used for residential purposes" means property that, as	4345
improved, is used or to be used for purposes that would cause the	4346
tax commissioner to classify the property as residential property	4347
in accordance with rules adopted by the commissioner under section	4348
5713.041 of the Revised Code.	4349

(3) "Housing renovation" means a project carried out for	4350
residential purposes.	4351

(4) "Incentive district" has the same meaning as in section	4352
5709.40 of the Revised Code, except that a blighted area is in the	4353
unincorporated area of a township.	4354

(5) "Project" and "public infrastructure improvement" have	4355
the same meanings as in section 5709.40 of the Revised Code.	4356

(B) A board of township trustees may, by unanimous vote,	4357
adopt a resolution that declares to be a public purpose any public	4358
infrastructure improvements made that are necessary for the	4359
development of certain parcels of land located in the	4360
unincorporated area of the township. Except with the approval	4361
under division (D) of this section of the board of education of	4362
each city, local, or exempted village school district within which	4363
the improvements are located, the resolution may exempt from real	4364
property taxation not more than seventy-five per cent of further	4365
improvements to a parcel of land that directly benefits from the	4366
public infrastructure improvements, for a period of not more than	4367
ten years. The resolution shall specify the percentage of the	4368
further improvements to be exempted and the life of the exemption.	4369

(C)(1) A board of township trustees may adopt, by unanimous	4370
vote, a resolution creating an incentive district and declaring	4371
improvements to parcels within the district to be a public purpose	4372
and, except as provided in division (F) of this section, exempt	4373
from taxation as provided in this section, but no board of	4374
township trustees of a township that has a population that exceeds	4375
twenty-five thousand, as shown by the most recent federal	4376
decennial census, shall adopt a resolution that creates an	4377
incentive district if the sum of the taxable value of real	4378
property in the proposed district for the preceding tax year and	4379
the taxable value of all real property in the township that would	4380
have been taxable in the preceding year were it not for the fact	4381
that the property was in an existing incentive district and	4382
therefore exempt from taxation exceeds twenty-five per cent of the	4383
taxable value of real property in the township for the preceding	4384
tax year. The district shall be located within the unincorporated	4385
area of the township and shall not include any territory that is	4386
included within a district created under division (B) of section	4387
5709.78 of the Revised Code. The resolution shall delineate the	4388
boundary of the district and specifically identify each parcel	4389
within the district. A district may not include any parcel that is	4390
or has been exempted from taxation under division (B) of this	4391
section or that is or has been within another district created	4392
under this division. A resolution may create more than one	4393
district, and more than one resolution may be adopted under	4394
division (C)(1) of this section.	4395

(2) Not later than thirty days prior to adopting a resolution	4396
under division (C)(1) of this section, if the township intends to	4397
apply for exemptions from taxation under section 5709.911 of the	4398
Revised Code on behalf of owners of real property located within	4399
the proposed incentive district, the board shall conduct a public	4400
hearing on the proposed resolution. Not later than thirty days	4401
prior to the public hearing, the board shall give notice of the	4402
public hearing and the proposed resolution by first class mail to	4403
every real property owner whose property is located within the	4404
boundaries of the proposed incentive district that is the subject	4405
of the proposed resolution.	4406

(3)(a) A resolution adopted under division (C)(1) of this	4407
section shall specify the life of the incentive district and the	4408
percentage of the improvements to be exempted, shall designate the	4409
public infrastructure improvements made, to be made, or in the	4410
process of being made, that benefit or serve, or, once made, will	4411
benefit or serve parcels in the district. The resolution also	4412
shall identify one or more specific projects being, or to be,	4413
undertaken in the district that place additional demand on the	4414
public infrastructure improvements designated in the resolution.	4415
The project identified may, but need not be, the project under	4416
division (C)(3)(b) of this section that places real property in	4417
use for commercial or industrial purposes.	4418

A resolution adopted under division (C)(1) of this section on	4419
or after March 30, 2006, shall not designate police or fire	4420
equipment as public infrastructure improvements, and no service	4421
payment provided for in section 5709.74 of the Revised Code and	4422
received by the township under the resolution shall be used for	4423
police or fire equipment.	4424

(b) A resolution adopted under division (C)(1) of this	4425
section may authorize the use of service payments provided for in	4426
section 5709.74 of the Revised Code for the purpose of housing	4427
renovations within the incentive district, provided that the	4428
resolution also designates public infrastructure improvements that	4429
benefit or serve the district, and that a project within the	4430
district places real property in use for commercial or industrial	4431
purposes. Service payments may be used to finance or support	4432
loans, deferred loans, and grants to persons for the purpose of	4433
housing renovations within the district. The resolution shall	4434
designate the parcels within the district that are eligible for	4435
housing renovations. The resolution shall state separately the	4436
amount or the percentages of the expected aggregate service	4437
payments that are designated for each public infrastructure	4438
improvement and for the purpose of housing renovations.	4439

(4) Except with the approval of the board of education of	4440
each city, local, or exempted village school district within the	4441
territory of which the incentive district is or will be located,	4442
and subject to division (E) of this section, the life of an	4443
incentive district shall not exceed ten years, and the percentage	4444
of improvements to be exempted shall not exceed seventy-five per	4445
cent. With approval of the board of education, the life of a	4446
district may be not more than thirty years, and the percentage of	4447
improvements to be exempted may be not more than one hundred per	4448
cent. The approval of a board of education shall be obtained in	4449
the manner provided in division (D) of this section.	4450

(D) Improvements with respect to a parcel may be exempted	4451
from taxation under division (B) of this section, and improvements	4452
to parcels within an incentive district may be exempted from	4453
taxation under division (C) of this section, for up to ten years	4454
or, with the approval of the board of education of the city,	4455
local, or exempted village school district within which the parcel	4456
or district is located, for up to thirty years. The percentage of	4457
the improvements exempted from taxation may, with such approval,	4458
exceed seventy-five per cent, but shall not exceed one hundred per	4459
cent. Not later than forty-five business days prior to adopting a	4460
resolution under this section declaring improvements to be a	4461
public purpose that is subject to approval by a board of education	4462
under this division, the board of township trustees shall deliver	4463
to the board of education a notice stating its intent to adopt a	4464
resolution making that declaration. The notice regarding	4465
improvements with respect to a parcel under division (B) of this	4466
section shall identify the parcels for which improvements are to	4467
be exempted from taxation, provide an estimate of the true value	4468
in money of the improvements, specify the period for which the	4469
improvements would be exempted from taxation and the percentage of	4470
the improvements that would be exempted, and indicate the date on	4471
which the board of township trustees intends to adopt the	4472
resolution. The notice regarding improvements made under division	4473
(C) of this section to parcels within an incentive district shall	4474
delineate the boundaries of the district, specifically identify	4475
each parcel within the district, identify each anticipated	4476
improvement in the district, provide an estimate of the true value	4477
in money of each such improvement, specify the life of the	4478
district and the percentage of improvements that would be	4479
exempted, and indicate the date on which the board of township	4480
trustees intends to adopt the resolution. The board of education,	4481
by resolution adopted by a majority of the board, may approve the	4482
exemption for the period or for the exemption percentage specified	4483
in the notice; may disapprove the exemption for the number of	4484
years in excess of ten, may disapprove the exemption for the	4485
percentage of the improvements to be exempted in excess of	4486
seventy-five per cent, or both; or may approve the exemption on	4487
the condition that the board of township trustees and the board of	4488
education negotiate an agreement providing for compensation to the	4489
school district equal in value to a percentage of the amount of	4490
taxes exempted in the eleventh and subsequent years of the	4491
exemption period or, in the case of exemption percentages in	4492
excess of seventy-five per cent, compensation equal in value to a	4493
percentage of the taxes that would be payable on the portion of	4494
the improvements in excess of seventy-five per cent were that	4495
portion to be subject to taxation, or other mutually agreeable	4496
compensation.	4497

The board of education shall certify its resolution to the	4498
board of township trustees not later than fourteen days prior to	4499
the date the board of township trustees intends to adopt the	4500
resolution as indicated in the notice. If the board of education	4501
and the board of township trustees negotiate a mutually acceptable	4502
compensation agreement, the resolution may declare the	4503
improvements a public purpose for the number of years specified in	4504
the resolution or, in the case of exemption percentages in excess	4505
of seventy-five per cent, for the exemption percentage specified	4506
in the resolution. In either case, if the board of education and	4507
the board of township trustees fail to negotiate a mutually	4508
acceptable compensation agreement, the resolution may declare the	4509
improvements a public purpose for not more than ten years, and	4510
shall not exempt more than seventy-five per cent of the	4511
improvements from taxation. If the board of education fails to	4512
certify a resolution to the board of township trustees within the	4513
time prescribed by this section, the board of township trustees	4514
thereupon may adopt the resolution and may declare the	4515
improvements a public purpose for up to thirty years or, in the	4516
case of exemption percentages proposed in excess of seventy-five	4517
per cent, for the exemption percentage specified in the	4518
resolution. The board of township trustees may adopt the	4519
resolution at any time after the board of education certifies its	4520
resolution approving the exemption to the board of township	4521
trustees, or, if the board of education approves the exemption on	4522
the condition that a mutually acceptable compensation agreement be	4523
negotiated, at any time after the compensation agreement is agreed	4524
to by the board of education and the board of township trustees.	4525
If a mutually acceptable compensation agreement is negotiated	4526
between the board of township trustees and the board of education,	4527
including agreements for payments in lieu of taxes under section	4528
5709.74 of the Revised Code, the board of township trustees shall	4529
compensate the joint vocational school district within which the	4530
parcel or district is located at the same rate and under the same	4531
terms received by the city, local, or exempted village school	4532
district.	4533

If a board of education has adopted a resolution waiving its	4534
right to approve exemptions from taxation under this section and	4535
the resolution remains in effect, approval of such exemptions by	4536
the board of education is not required under division (D) of this	4537
section. If a board of education has adopted a resolution allowing	4538
a board of township trustees to deliver the notice required under	4539
division (D) of this section fewer than forty-five business days	4540
prior to adoption of the resolution by the board of township	4541
trustees, the board of township trustees shall deliver the notice	4542
to the board of education not later than the number of days prior	4543
to the adoption as prescribed by the board of education in its	4544
resolution. If a board of education adopts a resolution waiving	4545
its right to approve exemptions or shortening the notification	4546
period, the board of education shall certify a copy of the	4547
resolution to the board of township trustees. If the board of	4548
education rescinds the resolution, it shall certify notice of the	4549
rescission to the board of township trustees.	4550

If the board of township trustees is not required by division	4551
(D) of this section to notify the board of education of the board	4552
of township trustees' intent to declare improvements to be a	4553
public purpose, the board of township trustees shall comply with	4554
the notice requirements imposed under section 5709.83 of the	4555
Revised Code before taking formal action to adopt the resolution	4556
making that declaration, unless the board of education has adopted	4557
a resolution under that section waiving its right to receive the	4558
notice.	4559

(E)(1) If a proposed resolution under division (C)(1) of this	4560
section exempts improvements with respect to a parcel within an	4561
incentive district for more than ten years, or the percentage of	4562
the improvement exempted from taxation exceeds seventy-five per	4563
cent, not later than forty-five business days prior to adopting	4564
the resolution the board of township trustees shall deliver to the	4565
board of county commissioners of the county within which the	4566
incentive district is or will be located a notice that states its	4567
intent to adopt a resolution creating an incentive district. The	4568
notice shall include a copy of the proposed resolution, identify	4569
the parcels for which improvements are to be exempted from	4570
taxation, provide an estimate of the true value in money of the	4571
improvements, specify the period of time for which the	4572
improvements would be exempted from taxation, specify the	4573
percentage of the improvements that would be exempted from	4574
taxation, and indicate the date on which the board of township	4575
trustees intends to adopt the resolution.	4576

(2) The board of county commissioners, by resolution adopted	4577
by a majority of the board, may object to the exemption for the	4578
number of years in excess of ten, may object to the exemption for	4579
the percentage of the improvement to be exempted in excess of	4580
seventy-five per cent, or both. If the board of county	4581
commissioners objects, the board may negotiate a mutually	4582
acceptable compensation agreement with the board of township	4583
trustees. In no case shall the compensation provided to the board	4584
of county commissioners exceed the property taxes foregone due to	4585
the exemption. If the board of county commissioners objects, and	4586
the board of county commissioners and board of township trustees	4587
fail to negotiate a mutually acceptable compensation agreement,	4588
the resolution adopted under division (C)(1) of this section shall	4589
provide to the board of county commissioners compensation in the	4590
eleventh and subsequent years of the exemption period equal in	4591
value to not more than fifty per cent of the taxes that would be	4592
payable to the county or, if the board of county commissioner's	4593
objection includes an objection to an exemption percentage in	4594
excess of seventy-five per cent, compensation equal in value to	4595
not more than fifty per cent of the taxes that would be payable to	4596
the county, on the portion of the improvement in excess of	4597
seventy-five per cent, were that portion to be subject to	4598
taxation. The board of county commissioners shall certify its	4599
resolution to the board of township trustees not later than thirty	4600
days after receipt of the notice.	4601

(3) If the board of county commissioners does not object or	4602
fails to certify its resolution objecting to an exemption within	4603
thirty days after receipt of the notice, the board of township	4604
trustees may adopt its resolution, and no compensation shall be	4605
provided to the board of county commissioners. If the board of	4606
county commissioners timely certifies its resolution objecting to	4607
the trustees' resolution, the board of township trustees may adopt	4608
its resolution at any time after a mutually acceptable	4609
compensation agreement is agreed to by the board of county	4610
commissioners and the board of township trustees, or, if no	4611
compensation agreement is negotiated, at any time after the board	4612
of township trustees agrees in the proposed resolution to provide	4613
compensation to the board of county commissioners of fifty per	4614
cent of the taxes that would be payable to the county in the	4615
eleventh and subsequent years of the exemption period or on the	4616
portion of the improvement in excess of seventy-five per cent,	4617
were that portion to be subject to taxation.	4618

(F) Service payments in lieu of taxes that are attributable	4619
to any amount by which the effective tax rate of either a renewal	4620
levy with an increase or a replacement levy exceeds the effective	4621
tax rate of the levy renewed or replaced, or that are attributable	4622
to an additional levy, for a levy authorized by the voters for any	4623
of the following purposes on or after January 1, 2006, and which	4624
are provided pursuant to a resolution creating an incentive	4625
district under division (C)(1) of this section that is adopted on	4626
or after January 1, 2006, shall be distributed to the appropriate	4627
taxing authority as required under division (C) of section 5709.74	4628
of the Revised Code in an amount equal to the amount of taxes from	4629
that additional levy or from the increase in the effective tax	4630
rate of such renewal or replacement levy that would have been	4631
payable to that taxing authority from the following levies were it	4632
not for the exemption authorized under division (C) of this	4633
section:	4634

(1) A tax levied under division (L) of section 5705.19 or	4635
section 5705.191 of the Revised Code for community mental	4636
retardation and developmental disabilities programs and services	4637
pursuant to Chapter 5126. of the Revised Code;	4638

(2) A tax levied under division (Y) of section 5705.19 of the	4639
Revised Code for providing or maintaining senior citizens services	4640
or facilities;	4641

(3) A tax levied under section 5705.22 of the Revised Code	4642
for county hospitals;	4643

(4) A tax levied by a joint-county district or by a county	4644
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	4645
for alcohol, drug addiction, and mental health services or	4646
families;	4647

(5) A tax levied under section 5705.23 of the Revised Code	4648
for library purposes;	4649

(6) A tax levied under section 5705.24 of the Revised Code	4650
for the support of children services and the placement and care of	4651
children;	4652

(7) A tax levied under division (Z) of section 5705.19 of the	4653
Revised Code for the provision and maintenance of zoological park	4654
services and facilities under section 307.76 of the Revised Code;	4655

(8) A tax levied under section 511.27 or division (H) of	4656
section 5705.19 of the Revised Code for the support of township	4657
park districts;	4658

(9) A tax levied under division (A), (F), or (H) of section	4659
5705.19 of the Revised Code for parks and recreational purposes of	4660
a joint recreation district organized pursuant to division (B) of	4661
section 755.14 of the Revised Code;	4662

(10) A tax levied under section 1545.20 or 1545.21 of the	4663
Revised Code for park district purposes;	4664

(11) A tax levied under section 5705.191 of the Revised Code	4665
for the purpose of making appropriations for public assistance;	4666
human or social services; public relief; public welfare; public	4667
health and hospitalization; and support of general hospitals;	4668

(12) A tax levied under section 3709.29 of the Revised Code	4669
for a general health district program.	4670

(G) An exemption from taxation granted under this section	4671
commences with the tax year specified in the resolution so long as	4672
the year specified in the resolution commences after the effective	4673
date of the resolution. If the resolution specifies a year	4674
commencing before the effective date of the resolution or	4675
specifies no year whatsoever, the exemption commences with the tax	4676
year in which an exempted improvement first appears on the tax	4677
list and duplicate of real and public utility property and that	4678
commences after the effective date of the resolution. Except as	4679
otherwise provided in this division, the exemption ends on the	4680
date specified in the resolution as the date the improvement	4681
ceases to be a public purpose or the incentive district expires,	4682
or ends on the date on which the public infrastructure	4683
improvements and housing renovations are paid in full from the	4684
township public improvement tax increment equivalent fund	4685
established under section 5709.75 of the Revised Code, whichever	4686
occurs first. The exemption of an improvement with respect to a	4687
parcel or within an incentive district may end on a later date, as	4688
specified in the resolution, if the board of township trustees and	4689
the board of education of the city, local, or exempted village	4690
school district within which the parcel or district is located	4691
have entered into a compensation agreement under section 5709.82	4692
of the Revised Code with respect to the improvement and the board	4693
of education has approved the term of the exemption under division	4694
(D) of this section, but in no case shall the improvement be	4695
exempted from taxation for more than thirty years. The board of	4696
township trustees may, by majority vote, adopt a resolution	4697
permitting the township to enter into such agreements as the board	4698
finds necessary or appropriate to provide for the construction or	4699
undertaking of public infrastructure improvements and housing	4700
renovations. Any exemption shall be claimed and allowed in the	4701
same or a similar manner as in the case of other real property	4702
exemptions. If an exemption status changes during a tax year, the	4703
procedure for the apportionment of the taxes for that year is the	4704
same as in the case of other changes in tax exemption status	4705
during the year.	4706

(H) The board of township trustees may issue the notes of the	4707
township to finance all costs pertaining to the construction or	4708
undertaking of public infrastructure improvements and housing	4709
renovations made pursuant to this section. The notes shall be	4710
signed by the board and attested by the signature of the township	4711
fiscal officer, shall bear interest not to exceed the rate	4712
provided in section 9.95 of the Revised Code, and are not subject	4713
to Chapter 133. of the Revised Code. The resolution authorizing	4714
the issuance of the notes shall pledge the funds of the township	4715
public improvement tax increment equivalent fund established	4716
pursuant to section 5709.75 of the Revised Code to pay the	4717
interest on and principal of the notes. The notes, which may	4718
contain a clause permitting prepayment at the option of the board,	4719
shall be offered for sale on the open market or given to the	4720
vendor or contractor if no sale is made.	4721

(I) The township, not later than fifteen days after the	4722
adoption of a resolution under this section, shall submit to the	4723
director of development a copy of the resolution. On or before the	4724
thirty-first day of March of each year, the township shall submit	4725
a status report to the director of development. The report shall	4726
indicate, in the manner prescribed by the director, the progress	4727
of the project during each year that the exemption remains in	4728
effect, including a summary of the receipts from service payments	4729
in lieu of taxes; expenditures of money from the fund created	4730
under section 5709.75 of the Revised Code; a description of the	4731
public infrastructure improvements and housing renovations	4732
financed with the expenditures; and a quantitative summary of	4733
changes in private investment resulting from each project.	4734

(J) Nothing in this section shall be construed to prohibit a	4735
board of township trustees from declaring to be a public purpose	4736
improvements with respect to more than one parcel.	4737

If a parcel is located in a new community district in which	4738
the new community authority imposes a community development charge	4739
on the basis of rentals received from leases of real property as	4740
described in division (L)(2) of section 349.01 of the Revised	4741
Code, the parcel may not be exempted from taxation under this	4742
section.	4743

(K) A board of township trustees that adopted a resolution	4744
under this section prior to July 21, 1994, may amend that	4745
resolution to include any additional public infrastructure	4746
improvement. A board of township trustees that seeks by the	4747
amendment to utilize money from its township public improvement	4748
tax increment equivalent fund for land acquisition in aid of	4749
industry, commerce, distribution, or research, demolition on	4750
private property, or stormwater and flood remediation projects may	4751
do so provided that the board currently is a party to a	4752
hold-harmless agreement with the board of education of the city,	4753
local, or exempted village school district within the territory of	4754
which are located the parcels that are subject to an exemption.	4755
For the purposes of this division, a "hold-harmless agreement"	4756
means an agreement under which the board of township trustees	4757
agrees to compensate the school district for one hundred per cent	4758
of the tax revenue that the school district would have received	4759
from further improvements to parcels designated in the resolution	4760
were it not for the exemption granted by the resolution.	4761

Sec. 5709.77. As used in sections 5709.77 to 5709.81 of the	4762
Revised Code:	4763

(A) "Business day" means a day of the week excluding	4764
Saturday, Sunday, and a legal holiday as defined in section 1.14	4765
of the Revised Code.	4766

(B) "Fund" means to provide for the payment of the debt	4767
service on and the expenses relating to an outstanding obligation	4768
of the county.	4769

(C) "Housing renovation" means a project carried out for	4770
residential purposes.	4771

(D) "Improvement" means the increase in the assessed value of	4772
real property ~~that would first appear~~above the assessed value of	4773
the property as it appears on the most recent tax list and	4774
duplicate of real and public utility property ~~after~~compiled	4775
before the effective date of a resolution adopted under section	4776
5709.78 of the Revised Code ~~were it not for the exemption granted~~	4777
~~by that resolution~~. For purposes of division (A) of section	4778
5709.78 of the Revised Code, "improvement" does not include any	4779
property used or to be used for residential purposes. For this	4780
purpose, "property that is used or to be used for residential	4781
purposes" means property that, as improved, is used or to be used	4782
for purposes that would cause the tax commissioner to classify the	4783
property as residential property in accordance with rules adopted	4784
by the commissioner under section 5713.041 of the Revised Code.	4785

(E) "Incentive district" has the same meaning as in section	4786
5709.40 of the Revised Code, except that a blighted area is in the	4787
unincorporated territory of a county.	4788

(F) "Refund" means to fund and retire an outstanding	4789
obligation of the county.	4790

(G) "Project" and "public infrastructure improvement" have	4791
the same meanings as in section 5709.40 of the Revised Code.	4792

Sec. 5913.11. (A) There is hereby created the Ohio military	4793
medal of distinction. The adjutant general shall design the medal	4794
and coordinate an eligibility establishment program. An individual	4795
is eligible for the medal if the individual was killed ~~in the line~~	4796
~~of duty~~on or after September 10, 2001, while doing one of the	4797
following:	4798

(1) Engaging in an action against an enemy of the United	4799
States;	4800

(2) Engaging in military operations involving conflict with	4801
an opposing foreign force;	4802

(3) Serving with friendly foreign forces engaged in an armed	4803
conflict against an opposing armed force in which the United	4804
States is not a belligerent party; or	4805

(4) Serving in a combat zone designated by presidential	4806
order.	4807

(B) To receive the Ohio military medal of distinction, an	4808
individual shall be at least one of the following at the time the	4809
member was killed ~~in the line of duty~~:	4810

(1) ~~An Ohio~~A national guard member who is a resident of this	4811
state;	4812

(2) An Ohio national guard member;

4813

(3) A United States military reserves member who is a	4814
resident of this state;	4815

~~(3)~~(4) A United States armed forces member who is ~~either~~ a	4816
resident of this state ~~or stationed in this state by a United~~	4817
~~States department of defense order~~.	4818

(C) (1) At least once per year, ~~both houses of the general~~	4819
~~assembly~~the adjutant general shall ~~obtain~~provide a list of	4820
eligible medal recipients ~~from~~to the ~~adjutant general~~department	4821
of veterans services~~and meet in joint convention to~~and the	4822
governor. The adjutant general shall prepare a medal for each	4823
eligible medal recipient. The medal shall be presented to the	4824
recipient's primary next of kin, as designated by the recipient.	4825
If the recipient has not designated a primary next of kin or if	4826
the designated primary next of kin is deceased, the primary next	4827
of kin shall be determined under the rules of the United States	4828
department of defense.	4829

(2) The governor and the general assembly annually shall hold	4830
a joint ceremony to recognize the medal recipients for the prior	4831
year and to present each medal to the recipient's primary next of	4832
kin, as determined under division (C)(1) of this section.	4833
Beginning in 2013, in any year in which the governor holds a	4834
wreath-laying ceremony to honor the deceased veterans of the	4835
state, the ceremony to recognize the medal recipients shall be	4836
held on the same day as the wreath-laying ceremony.	4837

(D)(1) If a parent of the medal recipient is the primary next	4838
of kin, as determined under division (C)(1) of this section, and	4839
the medal recipient's parents are not married to each other or are	4840
legally separated from each other, the medal recipient's other	4841
living parent may request a duplicate medal at no cost.	4842

If neither of the medal recipient's parents is the primary	4843
next of kin, as determined under division (C)(1) of this section,	4844
the living parents of the medal recipient jointly may request a	4845
duplicate medal at no cost, except that if the parents of the	4846
medal recipient are not married to each other or are legally	4847
separated from each other, each living parent may request a	4848
duplicate medal at no cost.	4849

If the medal recipient's spouse is not the primary next of	4850
kin, the spouse may request a duplicate medal at no cost.	4851

The adjutant general shall prescribe a form by which a parent	4852
or spouse may request a duplicate medal under division (D) (1) of	4853
this section.	4854

(2) A surviving spouse, a natural or adopted child who is at	4855
least eighteen years of age, a parent, a brother or sister,	4856
whether of the whole or the half blood, who is at least eighteen	4857
years of age, an aunt or uncle who is at least eighteen years of	4858
age, or a grandparent of a medal recipient may apply to the	4859
adjutant general, on a form prescribed by the adjutant general, to	4860
receive a duplicate medal. The applicant shall include with the	4861
application a fee in an amount to be determined by the adjutant	4862
general. The adjutant general shall set the fee at an amount no	4863
greater than the cost of producing the duplicate medal.	4864

(E) There is in the state treasury the military medal of	4865
distinction fund. The fund shall consist of all fees collected	4866
from applicants for duplicate medals as well as appropriations	4867
made by the general assembly for purposes of the Ohio military	4868
medal of distinction program. The fund shall be used to pay for	4869
the production of medals. Investment earnings of the fund shall be	4870
credited to the fund.	4871

Section 2. That existing sections 307.05, 307.051, 307.055,	4872
505.37, 505.375, 505.44, 505.72, 3354.121, 4503.49, 4513.263,	4873
4743.05, 4765.02, 4765.03, 4765.04, 4765.05, 4765.06, 4765.07,	4874
4765.08, 4765.09, 4765.10, 4765.101, 4765.102, 4765.11, 4765.111,	4875
4765.112, 4765.113, 4765.114, 4765.115, 4765.116, 4765.12,	4876
4765.15, 4765.16, 4765.17, 4765.18, 4765.22, 4765.23, 4765.28,	4877
4765.29, 4765.30, 4765.31, 4765.32, 4765.33, 4765.37, 4765.38,	4878
4765.39, 4765.40, 4765.42, 4765.48, 4765.49, 4765.55, 4765.56,	4879
4766.01, 4766.03, 4766.04, 4766.05, 4766.07, 4766.08, 4766.09,	4880
4766.10, 4766.11, 4766.12, 4766.13, 4766.15, 4766.22, 5502.01,	4881
5709.40, 5709.73, 5709.77, and 5913.11 and sections 4766.02 and	4882
4766.20 of the Revised Code are hereby repealed.	4883

Section 3. On the effective date of the amendments made to	4884
section 4765.02 of the Revised Code by this act, the member of the	4885
renamed State Board of Emergency Medical, Fire, and Transportation	4886
Services who is an administrator of an adult or pediatric trauma	4887
center shall cease to be a member of the Board. On the effective	4888
date of the amendments made to section 4765.02 of the Revised Code	4889
by this act, the member of the renamed State Board of Emergency	4890
Medical, Fire, and Transportation Services who is a member of the	4891
Ohio Ambulance Association shall cease to be a member of the	4892
Board. On the effective date of the amendments made to section	4893
4765.02 of the Revised Code by this act, the member of the renamed	4894
State Board of Emergency Medical, Fire, and Transportation	4895
Services who is a physician certified by the American board of	4896
surgery, American board of osteopathic surgery, American	4897
osteopathic board of emergency medicine, or American board of	4898
emergency medicine, is chief medical officer of an air medical	4899
agency, and is currently active in providing emergency medical	4900
services shall cease to be a member of the Board. On the effective	4901
date of the amendments made to section 4765.02 of the Revised Code	4902
by this act, of the members of the renamed State Board of	4903
Emergency Medical, Fire, and Transportation Services who were	4904
EMTs, advanced EMTs, or paramedics and were appointed to the Board	4905
in that capacity, only the members who are designated by the	4906
Governor to continue to be members of the Board shall continue to	4907
be so; the other persons shall cease to be members of the Board.	4908
On the effective date of the amendments made to section 4765.02 of	4909
the Revised Code by this act, the member of the renamed State	4910
Board of Emergency Medical, Fire, and Transportation Services who	4911
is a registered nurse and is in the active practice of emergency	4912
nursing shall cease to be a member of the Board. Not later than	4913
sixty days after the effective date of those amendments, the	4914
Governor shall appoint to the renamed State Board of Emergency	4915
Medical, Fire, and Transportation Services a registered nurse with	4916
EMS certification who performs mobile intensive care or air	4917
medical transport. The Governor shall appoint this member from	4918
among three persons nominated by the Ohio Nurses Association,	4919
three persons nominated by the Ohio Association of Critical Care	4920
Transport, and three persons nominated by the Ohio State Council	4921
of the Emergency Nurses Association.	4922

On the effective date of the amendments made to section	4923
4765.02 of the Revised Code by this act, all members of the former	4924
State Board of Emergency Medical Services who do not cease to be	4925
members of the renamed State Board of Emergency Medical, Fire, and	4926
Transportation Services by the terms of this act shall continue to	4927
be members of the renamed State Board of Emergency Medical, Fire,	4928
and Transportation Services, and the dates on which the terms of	4929
the continuing members expire shall be the dates on which their	4930
terms as members of the former State Board of Emergency Medical	4931
Services expired. On the effective date of the amendments made to	4932
section 4765.02 of the Revised Code by this act, the following	4933
members of the former Ohio Medical Transportation Board shall	4934
become members of the State Board of Emergency Medical, Fire, and	4935
Transportation Services, and the dates on which those members'	4936
terms on the State Board of Emergency Medical, Fire, and	4937
Transportation Services expire shall be as follows:	4938

(A) The person who owns or operates a private emergency	4939
medical service organization operating in this state, as	4940
designated by the Governor, term ends November 12, 2013;	4941

(B) The person who owns or operates a nonemergency medical	4942
service organization that provides only ambulette services, term	4943
ends November 12, 2013;	4944

(C) The person who is a member of the Ohio Association of	4945
Critical Care Transport and represents air-based services, term	4946
ends November 12, 2014.	4947

(D) The person who is a member of the Ohio Association of	4948
Critical Care Transport and represents a ground-based mobile	4949
intensive care unit organization, term ends November 12, 2014.	4950

All subsequent terms of office for these four positions on	4951
the State Board of Emergency Medical, Fire, and Transportation	4952
Services shall be for three years as provided in section 4765.02	4953
of the Revised Code.	4954

Section 4. On April 1, 2013, the Medical Transportation Board	4955
and all of its functions are transferred to the Department of	4956
Public Safety. As of such date, the Medical Transportation Board	4957
shall operate under the Department of Public Safety, which shall	4958
assume all of the Board's functions. All assets, liabilities, any	4959
capital spending authority related thereto, and equipment and	4960
records, regardless of form or medium, related to the Medical	4961
Transportation Board's functions are transferred to the Department	4962
of Public Safety on April 1, 2013.	4963

No validation, cure, right, privilege, remedy, obligation, or	4964
liability is lost or impaired by reason of the transfer. All of	4965
the Medical Transportation Board's rules, orders, and	4966
determinations continue in effect as rules, orders, and	4967
determinations of the Department of Public Safety until modified	4968
or rescinded by the Department of Public Safety.	4969

No action or proceeding pending on April 1, 2013, is affected	4970
by the transfer and any action or proceeding pending on April 1,	4971
2013, shall be prosecuted or defended in the name of the	4972
Department of Public Safety or its director. In all such actions	4973
and proceedings, the Department of Public Safety or its director,	4974
upon application to the court, shall be substituted as a party.	4975

On or after April 1, 2013, notwithstanding any provision of	4976
law to the contrary, the Director of Budget and Management shall	4977
take any action with respect to budget changes made necessary by	4978
the transfer. The Director may transfer cash balances between	4979
funds. The Director may cancel encumbrances and reestablish	4980
encumbrances or parts of encumbrances as needed in the fiscal year	4981
in the appropriate fund and appropriation item for the same	4982
purpose and to the same vendor. As determined by the Director,	4983
encumbrances reestablished in the fiscal year in a different fund	4984
or appropriation item used by an agency or between agencies are	4985
appropriated. The Director shall reduce each year's appropriation	4986
balances by the amount of the encumbrance canceled in their	4987
respective funds and appropriation item. Any unencumbered or	4988
unallocated appropriation balances from the previous fiscal year	4989
may be transferred to the appropriate appropriation item to be	4990
used for the same purposes, as determined by the Director. Any	4991
such transfers are hereby appropriated.	4992

Section 5. That Section 205.10 of Am. Sub. H.B. 114 of the	4993
129th General Assembly, as most recently amended by Am. Sub. H.B.	4994
487 of the 129th General Assembly, be amended to read as follows:	4995

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

4996

State Highway Safety Fund Group	4997

4W40	762321	Operating Expense - BMV	$	80,003,146	$	82,003,240	4998
4W40	762410	Registrations Supplement	$	28,945,176	$	29,813,532	4999
5V10	762682	License Plate Contributions	$	2,100,000	$	2,100,000	5000
7036	761321	Operating Expense - Information and Education	$	7,124,366	$	6,988,097	5001
7036	761401	Lease Rental Payments	$	9,978,300	$	2,315,700	5002
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	5003
7036	764321	Operating Expense - Highway Patrol	$	260,744,934	$	258,365,903	5004
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	5005
8300	761603	Salvage and Exchange - Administration	$	19,469	$	20,053	5006
8310	761610	Information and Education - Federal	$	422,084	$	409,746	5007
8310	764610	Patrol - Federal	$	2,209,936	$	2,276,234	5008
8310	764659	Transportation Enforcement - Federal	$	5,519,333	$	5,684,913	5009
8310	765610	EMS - Federal	$	532,007	$	532,007	5010
8310	769610	Investigative Unit Federal Reimbursement	$	1,546,319	$	1,546,319	5011
8310	769631	Homeland Security - Federal	$	2,184,000	$	2,184,000	5012
8320	761612	Traffic Safety - Federal	$	16,577,565	$	16,577,565	5013
8350	762616	Financial Responsibility Compliance	$	5,457,240	$	5,274,068	5014
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	5015
8380	764606	Patrol Reimbursement	$	50,000	$	50,000	5016
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	5017
83F0	764657	Law Enforcement Automated Data System	$	9,053,266	$	9,053,266	5018
83G0	764633	OMVI Enforcement/Education	$	623,230	$	641,927	5019
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	5020
83M0	765624	Operating Expense - Trauma and EMS	$	2,632,106	$	~~2,711,069~~ 2,834,533	5021
83M0	765640	EMS - Grants	$	0	$	4,229,819	5022
83N0	761611	Elementary School Seat Belt Program	$	305,600	$	0	5023
83P0	765637	EMS Grants	$	4,106,621	$	0	5024
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	5025
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	5026
8400	764607	State Fair Security	$	1,256,655	$	1,294,354	5027
8400	764617	Security and Investigations	$	6,432,686	$	6,432,686	5028
8400	764626	State Fairgrounds Police Force	$	849,883	$	849,883	5029
8400	769632	Homeland Security - Operating	$	737,791	$	737,791	5030
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	5031
8460	761625	Motorcycle Safety Education	$	3,185,013	$	3,280,563	5032
8490	762627	Automated Title Processing Board	$	17,316,755	$	14,335,513	5033
TOTAL HSF State Highway Safety Fund Group			$	490,110,733	$	~~479,905,500~~ 480,028,964	5034

General Services Fund Group	5035

4P60	768601	Justice Program Services	$	998,104	$	1,028,047	5036
4S30	766661	Hilltop Utility Reimbursement	$	540,800	$	540,800	5037
5ET0	768625	Drug Law Enforcement	$	3,780,000	$	3,893,400	5038
5Y10	764695	Highway Patrol Continuing Professional Training	$	170,000	$	170,000	5039
5Y10	767696	Investigative Unit Continuing Professional Training	$	15,000	$	15,000	5040
TOTAL GSF General Services Fund Group			$	5,503,904	$	5,647,247	5041

Federal Special Revenue Fund Group	5042

3290	763645	Federal Mitigation Program	$	10,110,332	$	10,413,642	5043
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	5044
3390	763647	Emergency Management Assistance and Training	$	75,664,821	$	77,934,765	5045
3CB0	768691	Federal Justice Grants - FFY06	$	200,000	$	50,000	5046
3CC0	768609	Justice Assistance Grants - FFY07	$	583,222	$	310,000	5047
3CD0	768610	Justice Assistance Grants – FFY08	$	310,000	$	150,000	5048
3CE0	768611	Justice Assistance Grants – FFY09	$	865,000	$	1,200,000	5049
3CV0	768697	Justice Assistance Grants Supplement – FFY08	$	2,000	$	0	5050
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,015,000	$	1,015,000	5051
3DH0	768613	Federal Stimulus - Justice Programs	$	150,000	$	150,000	5052
3DU0	762628	BMV Grants	$	1,525,000	$	1,480,000	5053
3EU0	768614	Justice Assistance Grants – FFY10	$	650,000	$	920,000	5054
3L50	768604	Justice Program	$	11,400,000	$	11,400,000	5055
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	5056
TOTAL FED Federal Special Revenue Fund Group			$	130,214,683	$	132,762,715	5057

State Special Revenue Fund Group	5058

4V30	763662	EMA Service and Reimbursement	$	4,368,369	$	4,499,420	5059
5390	762614	Motor Vehicle Dealers Board	$	180,000	$	185,400	5060
5B90	766632	Private Investigator and Security Guard Provider	$	1,562,637	$	1,562,637	5061
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	5062
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	5063
5CM0	767691	Investigative Unit Federal Equitable Sharing - Treasury	$	300,000	$	300,000	5064
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	5065
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	5066
5FL0	769634	Investigations	$	899,300	$	899,300	5067
5LM0	768698	Criminal Justice Services Law Enforcement Support	$	33,991	$	816,955	5068
6220	767615	Investigative Contraband and Forfeiture	$	375,000	$	375,000	5069
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	5070
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	5071
8500	767628	Investigative Unit Salvage	$	90,000	$	92,700	5072
TOTAL SSR State Special Revenue Fund Group			$	14,052,064	$	14,974,179	5073

Liquor Control Fund Group	5074

7043	767321		Liquor Enforcement - Operating		$	11,000,000		$	11,000,000		5075
TOTAL LCF Liquor Control Fund Group					$	11,000,000		$	11,000,000		5076

Agency Fund Group	5077

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		5078
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		5079

Holding Account Redistribution Fund Group	5080

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	5081
R052	762623	Security Deposits	$	350,000	$	350,000	5082
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	5083
TOTAL ALL BUDGET FUND GROUPS			$	654,616,384	$	~~648,024,641~~ 648,148,105	5084

MOTOR VEHICLE REGISTRATION

5085

The Registrar of Motor Vehicles may deposit revenues to meet	5086
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	5087
4W40) established in section 4501.25 of the Revised Code, obtained	5088
under sections 4503.02 and 4504.02 of the Revised Code, less all	5089
other available cash. Revenue deposited pursuant to this paragraph	5090
shall support, in part, appropriations for operating expenses and	5091
defray the cost of manufacturing and distributing license plates	5092
and license plate stickers and enforcing the law relative to the	5093
operation and registration of motor vehicles. Notwithstanding	5094
section 4501.03 of the Revised Code, the revenues shall be paid	5095
into Fund 4W40 before any revenues obtained pursuant to sections	5096
4503.02 and 4504.02 of the Revised Code are paid into any other	5097
fund. The deposit of revenues to meet the aforementioned cash	5098
needs shall be in approximately equal amounts on a monthly basis	5099
or as otherwise determined by the Director of Budget and	5100
Management pursuant to a plan submitted by the Registrar of Motor	5101
Vehicles.	5102

CAPITAL PROJECTS

5103

The Registrar of Motor Vehicles may transfer cash from the	5104
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	5105
Highway Safety Fund (Fund 7036) to meet its obligations for	5106
capital projects CIR-047, Department of Public Safety Office	5107
Building and CIR-049, Warehouse Facility.	5108

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

5109

The foregoing appropriation item 761401, Lease Rental	5110
Payments, shall be used for payments to the Ohio Building	5111
Authority for the period July 1, 2011, to June 30, 2013, under the	5112
primary leases and agreements for public safety related buildings	5113
financed by obligations issued under Chapter 152. of the Revised	5114
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	5115
Building Authority may, with approval of the Director of Budget	5116
and Management, lease capital facilities to the Department of	5117
Public Safety.	5118

HILLTOP TRANSFER

5119

The Director of Public Safety shall determine, per an	5120
agreement with the Director of Transportation, the share of each	5121
debt service payment made out of appropriation item 761401, Lease	5122
Rental Payments, that relates to the Department of	5123
Transportation's portion of the Hilltop Building Project, and	5124
shall certify to the Director of Budget and Management the amounts	5125
of this share. The Director of Budget and Management shall	5126
transfer the amounts of such shares from the Highway Operating	5127
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	5128

CASH TRANSFERS TO TRAUMA AND EMERGENCY MEDICAL SERVICES FUND

5129

On July 1, 2011, or as soon as possible thereafter, the	5130
Director of Budget and Management shall transfer the unexpended	5131
and unencumbered cash balance in the Seat Belt Education Fund	5132
(Fund 8440) to the Trauma and Emergency Medical Services Fund	5133
(Fund 83M0). Upon completion of the transfer, Fund 8440 is	5134
abolished. The Director shall cancel any existing encumbrances	5135
against appropriation item 761613, Seat Belt Education Program,	5136
and reestablish them against appropriation item 765624, Operating	5137
Expense - Trauma and EMS. The reestablished encumbrance amounts	5138
are hereby appropriated.	5139

CASH TRANSFERS BETWEEN FUNDS

5140

Notwithstanding any provision of law to the contrary, the	5141
Director of Budget and Management, upon the written request of the	5142
Director of Public Safety, may approve the transfer of cash	5143
between the following six funds: the Trauma and Emergency Medical	5144
Services Fund (Fund 83M0), the Homeland Security Fund (Fund 5DS0),	5145
the Investigations Fund (Fund 5FL0), the Emergency Management	5146
Agency Service and Reimbursement Fund (Fund 4V30), the Justice	5147
Program Services Fund (Fund 4P60), and the State Bureau of Motor	5148
Vehicles Fund (Fund 4W40).	5149

CASH TRANSFERS TO SECURITY, INVESTIGATIONS, AND POLICING FUND

5150

Notwithstanding any provision of law to the contrary, the	5151
Director of Budget and Management, upon the written request of the	5152
Director of Public Safety, may approve the transfer of cash from	5153
the Continuing Professional Training Fund (Fund 5Y10), the State	5154
Highway Patrol Contraband, Forfeiture, and Other Fund (Fund 83C0),	5155
the Trauma and Emergency Medical Services Fund (Fund 83M0), and	5156
the Highway Safety Salvage and Exchange Highway Patrol Fund (Fund	5157
8410) to the Security, Investigations, and Policing Fund (Fund	5158
8400).	5159

CASH TRANSFERS OF SEAT BELT FINE REVENUES

5160

Notwithstanding any provision of law to the contrary, the	5161
Controlling Board, upon request of the Director of Public Safety,	5162
may approve the transfer of cash between the following three funds	5163
that receive fine revenues from enforcement of the mandatory seat	5164
belt law: the Trauma and Emergency Medical Services Fund (Fund	5165
83M0), the Elementary School Program Fund (Fund 83N0), and the	5166
Trauma and Emergency Medical Services Grants Fund (Fund 83P0).	5167

STATE DISASTER RELIEF

5168

The State Disaster Relief Fund (Fund 5330) may accept	5169
transfers of cash and appropriations from Controlling Board	5170
appropriation items for Ohio Emergency Management Agency disaster	5171
response costs and disaster program management costs, and may also	5172
be used for the following purposes:	5173

(A) To accept transfers of cash and appropriations from	5174
Controlling Board appropriation items for Ohio Emergency	5175
Management Agency public assistance and mitigation program match	5176
costs to reimburse eligible local governments and private	5177
nonprofit organizations for costs related to disasters;	5178

(B) To accept and transfer cash to reimburse the costs	5179
associated with Emergency Management Assistance Compact (EMAC)	5180
deployments;	5181

(C) To accept disaster related reimbursement from federal,	5182
state, and local governments. The Director of Budget and	5183
Management may transfer cash from reimbursements received by this	5184
fund to other funds of the state from which transfers were	5185
originally approved by the Controlling Board.	5186

(D) To accept transfers of cash and appropriations from	5187
Controlling Board appropriation items to fund the State Disaster	5188
Relief Program, for disasters that have been declared by the	5189
Governor, and the State Individual Assistance Program for	5190
disasters that have been declared by the Governor and the federal	5191
Small Business Administration. The Ohio Emergency Management	5192
Agency shall publish and make available application packets	5193
outlining procedures for the State Disaster Relief Program and the	5194
State Individual Assistance Program.	5195

JUSTICE ASSISTANCE GRANT FUND

5196

The federal payments made to the state for the Byrne Justice	5197
Assistance Grants Program under Title II of Division A of the	5198
American Recovery and Reinvestment Act of 2009 shall be deposited	5199
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	5200
which is hereby created in the state treasury. All investment	5201
earnings of the fund shall be credited to the fund.	5202

FEDERAL STIMULUS – JUSTICE PROGRAMS

5203

The federal payments made to the state for the Violence	5204
Against Women Formula Grant under Title II of Division A of the	5205
American Recovery and Reinvestment Act of 2009 shall be deposited	5206
to the credit of the Federal Stimulus – Justice Programs Fund	5207
(Fund 3DH0).	5208

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	5209
AGENCY SERVICE AND REIMBURSEMENT FUND	5210

On July 1 of each fiscal year, or as soon as possible	5211
thereafter, the Director of Budget and Management shall transfer	5212
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to	5213
the Emergency Management Agency Service and Reimbursement Fund	5214
(Fund 4V30) to be distributed to the Ohio Task Force One – Urban	5215
Search and Rescue Unit and other urban search and rescue programs	5216
around the state.	5217

FAMILY VIOLENCE PREVENTION FUND

5218

Notwithstanding any provision of law to the contrary, in each	5219
of fiscal years 2012 and 2013, the first $750,000 received to the	5220
credit of the Family Violence Prevention Fund (Fund 5BK0) shall be	5221
appropriated to appropriation item 768689, Family Violence Shelter	5222
Programs, and the next $400,000 received to the credit of Fund	5223
5BK0 in each of those fiscal years shall be appropriated to	5224
appropriation item 768687, Criminal Justice Services - Operating.	5225
Any moneys received to the credit of Fund 5BK0 in excess of the	5226
aforementioned appropriated amounts in each fiscal year shall,	5227
upon the approval of the Controlling Board, be used to provide	5228
grants to family violence shelters in Ohio.	5229

SARA TITLE III HAZMAT PLANNING

5230

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	5231
entitled to receive grant funds from the Emergency Response	5232
Commission to implement the Emergency Management Agency's	5233
responsibilities under Chapter 3750. of the Revised Code.	5234

COLLECTIVE BARGAINING INCREASES

5235

Notwithstanding division (D) of section 127.14 and division	5236
(B) of section 131.35 of the Revised Code, except for the General	5237
Revenue Fund, the Controlling Board may, upon the request of	5238
either the Director of Budget and Management, or the Department of	5239
Public Safety with the approval of the Director of Budget and	5240
Management, increase appropriations for any fund, as necessary for	5241
the Department of Public Safety, to assist in paying the costs of	5242
increases in employee compensation that have occurred pursuant to	5243
collective bargaining agreements under Chapter 4117. of the	5244
Revised Code and, for exempt employees, under section 124.152 of	5245
the Revised Code.	5246

CASH BALANCE FUND REVIEW

5247

Not later than the first day of April in each fiscal year of	5248
the biennium, the Director of Budget and Management shall review	5249
the cash balances for each fund, except the State Highway Safety	5250
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	5251
4W40), in the State Highway Safety Fund Group, and shall recommend	5252
to the Controlling Board an amount to be transferred to the credit	5253
of Fund 7036 or Fund 4W40, as appropriate.	5254

Section 6. That existing Section 205.10 of Am. Sub. H.B. 114	5255
of the 129th General Assembly, as most recently amended by Am.	5256
Sub. H.B. 487 of the 129th General Assembly, is hereby repealed.	5257

Section 7. That Section 335.10 of Am. Sub. H.B. 153 of the	5258
129th General Assembly be amended to read as follows:	5259

Sec. 335.10. AMB OHIO MEDICAL TRANSPORTATION BOARD

5260

General Services Fund Group	5261

4K90	915604	Operating Expenses	$	493,641	$	~~493,856~~ 370,392	5262
TOTAL GSF General Services							5263
Fund Group			$	493,641	$	~~493,856~~ 370,392	5264
TOTAL ALL BUDGET FUND GROUPS			$	493,641	$	~~493,856~~ 370,392	5265

Section 8. That existing Section 335.10 of Am. Sub. H.B. 153	5267
of the 129th General Assembly is hereby repealed.	5268

Section 9. All items in this section are hereby appropriated	5269
as designated out of any moneys in the state treasury to the	5270
credit of the State Special Revenue Fund Group. For all	5271
appropriations made in this act, those in the first column are for	5272
fiscal year 2012 and those in the second column are for fiscal	5273
year 2013. The appropriations made in this act are in addition to	5274
any other appropriations made for the FY 2012-FY 2013 biennium.	5275

Appropriations

ADJ ADJUTANT GENERAL	5276

State Special Revenue Fund Group	5277

5LY0	745626	Military Medal of Distinction	$	$	2,500	5278
TOTAL SSR State Special Revenue Fund Group			$	$	2,500	5279
TOTAL ALL BUDGET FUND GROUPS			$	$	2,500	5280

MILITARY MEDAL OF DISTINCTION

5281

On the effective date of this act, or as soon as possible	5282
thereafter, the Director of Budget and Management shall transfer	5283
$2,500 cash from the General Revenue Fund to the Military Medal of	5284
Distinction Fund (Fund 5LY0). The amount transferred shall be used	5285
by the Adjutant General for the purposes described in section	5286
5913.11 of the Revised Code.	5287

Section 10. Within the limits set forth in this act, the	5288
Director of Budget and Management shall establish accounts	5289
indicating the source and amount of funds for each appropriation	5290
made in this act, and shall determine the form and manner in which	5291
appropriation accounts shall be maintained. Expenditures from	5292
appropriations contained in this act shall be accounted for as	5293
though made in Am. Sub. H.B. 153 of the 129th General Assembly.	5294

The appropriations made in this act are subject to all	5295
provisions of Am. Sub. H.B. 153 of the 129th General Assembly that	5296
are generally applicable to such appropriations.	5297

Section 11. That Section 707.10 of Am. Sub. H.B. 487 of the	5298
129th General Assembly be amended to read as follows:	5299

Sec. 707.10. For fiscal years 2013 and 2014, the legislative	5300
authority of a municipal corporation in a county, with a	5301
population between three hundred seventy-five thousand and four	5302
hundred thousand according to the most recent federal decennial	5303
census, may conduct a pilot program whereby the legislative	5304
authority may use up to five per cent of the aggregate amount of	5305
money deposited in the municipal corporation's sewer fund and up	5306
to five per cent of the aggregate amount of money deposited in a	5307
fund created by the municipal corporation for water-works for the	5308
purpose of extending the municipal corporation's water or sewerage	5309
system, as applicable, if both of the following apply:	5310

(A) The water or sewerage system is being extended to areas	5311
for economic development purposes.	5312

(B) The areas into which the water or sewerage system is	5313
being extended are ~~the~~one of the following:	5314

(1) The subject of a cooperative economic development	5315
agreement entered into by the municipal corporation under section	5316
701.07 of the Revised Code;	5317

(2) Within a joint economic development district created	5318
under sections 715.72 to 715.81 of the Revised Code for which the	5319
municipal corporation is a contracting party;	5320

(3) Within the boundaries of the municipal corporation.

5321

With regard to either fund, the legislative authority shall	5322
not exceed the five per cent limit established in this section.	5323

Section 12. That existing Section 707.10 of Am. Sub. H.B. 487	5324
of the 129th General Assembly is hereby repealed.	5325

Section 13. The amendment by this act of sections 5709.40,	5326
5709.73, and 5709.77 of the Revised Code applies to the tax years	5327
at issue in any application for exemption from taxation pending	5328
before the Tax Commissioner, the Board of Tax Appeals, any Court	5329
of Appeals, or the Supreme Court on the effective date of this act	5330
and to the property that is the subject of any such application.	5331

Section 14. Sections 5709.40 and 5709.73 of the Revised Code	5332
are presented in this act as composites of those sections as	5333
amended by both Am. Sub. H.B. 508 and Am. Sub. H.B. 509 of the	5334
129th General Assembly. The General Assembly, applying the	5335
principle stated in division (B) of section 1.52 of the Revised	5336
Code that amendments are to be harmonized if reasonably capable of	5337
simultaneous operation, finds that the composites are the	5338
resulting versions of the sections in effect prior to the	5339
effective date of the sections as presented in this act.	5340

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Bill Text: OH HB532 | 2011-2012 | 129th General Assembly | Engrossed

Ohio House Bill 532 (Prior Session Legislation)

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