Bill Text: OH SB268 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: On that date.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-05-25 - To State & Local Government & Veterans Affairs [SB268 Detail]

Download: Ohio-2009-SB268-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 268

Senator Gillmor 

Cosponsor: Senator Cafaro 

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A BILL

To amend sections 101.83, 101.84, 101.85, 101.86,

1

109.91, 121.32, 173.03, 173.04, 1349.71, 3302.021,

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3311.71, 3312.01, 3312.09, 3701.025, 3701.63,

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3718.03, 3727.312, 3737.03, 3737.21, 3737.81,

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3737.86, 3737.88, 3743.54, 3746.04, 4169.02,

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4169.03, 4169.04, 4169.05, 4169.06, 5111.708,

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5123.032, and 5123.093; and to repeal sections

7

101.37, 121.374, 122.98, 122.981, 125.833, 184.23,

8

184.231, 1501.25, 2151.282, 3311.77, 3312.11,

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3312.12, 3319.70, 3319.71, 3701.92, 3727.322,

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3746.03, 4501.025, 5111.709, 5111.7010, and

11

5902.15 of the Revised Code; and to amend Section

12

20 of Am. Sub. H.B. 554 of the 127th General

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Assembly, Section 3 of Sub. H.B. 187 of the 126th

14

General Assembly, and Section 513.03 of Am. Sub.

15

H.B. 66 of the 126th General Assembly as

16

subsequently amended; and to repeal Sections

17

209.40, 309.40.70, and 709.10 of Am. Sub. H.B. 1

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of the 128th General Assembly, Sections 755.80 and

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756.40 of Am. Sub. H.B. 2 of the 128th General

20

Assembly, Section 3 of Sub. H.B. 7 of the 127th

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General Assembly, Section 555.17 of Am. Sub. H.B.

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67 of the 127th General Assembly, Sections

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263.30.30, 337.20.20, 377.20, and 737.11 of Am.

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Sub. H.B. 119 of the 127th General Assembly,

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Sections 6 and 7 of Sub. H.B. 125 of the 127th

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General Assembly, Section 2 of Sub. H.B. 233 of

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the 127th General Assembly, Section 3 of Am. H.B.

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416 of the 127th General Assembly, Sections 703.30

29

and 715.50 of Am. Sub. H.B. 562 of the 127th

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General Assembly, Section 4 of Am. Sub. S.B. 77 of

31

the 127th General Assembly, Sections 206.10.12,

32

206.42.12, 206.66.24, 206.66.43, 209.63.58,

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503.09, and 503.12 of Am. Sub. H.B. 66 of the

34

126th General Assembly, Section 4 of Sub. H.B. 187

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of the 126th General Assembly, Section 1 of Sub.

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H.B. 371 of the 126th General Assembly, Section

37

235.60.70 of Am. Sub. H.B. 699 of the 126th

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General Assembly, Section 3 of Am. Sub. S.B. 167

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of the 126th General Assembly, Section 5 of Am.

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Sub. S.B. 260 of the 126th General Assembly,

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Section 3 of Sub. S.B. 393 of the 126th General

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Assembly, Sections 12 and 25 of Am. Sub. H.B. 87

43

of the 125th General Assembly, Sections 41.35 and

44

153 of Am. Sub. H.B. 95 of the 125th General

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Assembly, Section 8 of Sub. H.B. 299 of the 125th

46

General Assembly, Section 6 of Am. Sub. H.B. 516

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of the 125th General Assembly, Section 3 of Am.

48

Sub. S.B. 86 of the 125th General Assembly,

49

Section 3 of Sub. H.B. 230 of the 124th General

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Assembly, Section 3 of Am. Sub. H.B. 474 of the

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124th General Assembly, Section 4 of Am. Sub. S.B.

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281 of the 124th General Assembly, Section 701.20

53

of Am. Sub. H.B. 562 of the 127th General Assembly

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as subsequently amended, Section 206.66.53 of Am.

55

Sub. H.B. 66 of the 126th General Assembly as

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subsequently amended, Section 6 of Sub. H.B. 336

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of the 126th General Assembly as subsequently

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amended, Section 755.03 of Am. Sub. H.B. 530 of

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the 126th General Assembly as subsequently

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amended, Section 6 of Am. Sub. S.B. 238 of the

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126th General Assembly as subsequently amended,

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Section 152 of Am. Sub. H.B. 95 of the 125th

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General Assembly as subsequently amended, and

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Section 59.29 of Am. Sub. H.B. 95 of the 125th

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General Assembly as subsequently amended to

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implement the recommendations of the Sunset Review

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Committee by abolishing, terminating,

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transferring, or renewing various agencies and by

69

reestablishing the Sunset Review Committee but

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postponing its operation until the 132nd General

71

Assembly, and to terminate the operation of

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certain provisions of this act on December 31,

73

2016, by repealing sections 101.82, 101.83,

74

101.84, 101.85, 101.86, and 101.87 of the Revised

75

Code on that date.

76

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

Section 1. That sections 101.83, 101.84, 101.85, 101.86,	77
109.91, 121.32, 173.03, 173.04, 1349.71, 3302.021, 3311.71,	78
3312.01, 3312.09, 3701.025, 3701.63, 3718.03, 3727.312, 3737.03,	79
3737.21, 3737.81, 3737.86, 3737.88, 3743.54, 3746.04, 4169.02,	80
4169.03, 4169.04, 4169.05, 4169.06, 5111.708, 5123.032, and	81
5123.093 of the Revised Code be amended to read as follows:	82

Sec. 101.83.  (A) An agency in existence on January 1, 2005	83
2011, shall expire on December 31, 20102016, unless the agency is	84
renewed in accordance with division (D) of this section and, if so	85
renewed, shall expire thereafter on the thirty-first day of	86
December of the fourth year after the year in which it was most	87
recently renewed unless the agency is renewed in accordance with	88
division (D) of this section. An agency created after January 1,	89
20052011, that is created on the thirty-first day of December	90
shall expire not later than four years after its creation, unless	91
the agency is renewed in accordance with division (D) of this	92
section. An agency created after January 1, 20052011, that is	93
created on any other date shall be considered for the purpose of	94
this section to have been created on the preceding thirty-first	95
day of December, and the agency shall expire not later than four	96
years after the date it was considered to have been created,	97
unless the agency is renewed in accordance with division (D) of	98
this section. Any act creating or renewing an agency shall contain	99
a distinct section providing a specific expiration date for the	100
agency in accordance with this division.	101

(B) If the general assembly does not renew or transfer an	102
agency on or before its expiration date, it shall expire on that	103
date.	104

The director of budget and management shall not authorize the	105
expenditure of any moneys for any agency on or after the date of	106
its expiration.	107

(C) The general assembly may provide by law for the orderly,	108
efficient, and expeditious conclusion of an agency's business and	109
operation. The rules, orders, licenses, contracts, and other	110
actions made, taken, granted, or performed by the agency shall	111
continue in effect according to their terms notwithstanding the	112
agency's abolition, unless the general assembly provides otherwise	113
by law. The general assembly may provide by law for the temporary	114
or permanent transfer of some or all of a terminated or	115
transferred agency's functions and personnel to a successor agency	116
or officer.	117

The abolition, termination, or transfer of an agency shall	118
not cause the termination or dismissal of any claim pending	119
against the agency by any person, or any claim pending against any	120
person by the agency. Unless the general assembly provides	121
otherwise by law for the substitution of parties, the attorney	122
general shall succeed the agency with reference to any pending	123
claim.	124

(D) An agency may be renewed by passage of a bill that	125
continues the statutes creating and empowering the agency, that	126
amends or repeals those statutes, or that enacts new statutes, to	127
improve agency usefulness, performance, or effectiveness.	128

Sec. 101.84.  (A) There is hereby created the sunset review	129
committee, to be composed of nine members and function in calendar	130
years 20092015 and 20102016. The president of the senate shall	131
appoint three members of the senate to the committee, not more	132
than two of whom shall be members of the same political party. The	133
speaker of the house of representatives shall appoint three	134
members of the house of representatives to the committee, not more	135
than two of whom shall be members of the same political party. The	136
governor, with the advice and consent of the senate, shall appoint	137
three members to the committee, not more than two of whom shall be	138
members of the same political party. Members shall be appointed	139
within fifteen days after the commencement of the first regular	140
session of the 128th131st general assembly.	141

(B) Each member of the committee who is appointed by the	142
president of the senate or the speaker of the house of	143
representatives shall serve during that committee member's term of	144
office or until that committee member no longer is a member of the	145
senate or the house of representatives, whichever is applicable.	146
Each member of the committee who is appointed by the governor	147
shall serve a two-year term that ends on the thirty-first day of	148
December in 20102016. A vacancy on the committee shall be filled	149
in the same manner as the original appointment.	150

In the first regular session of the 128th131st general	151
assembly, the chairperson of the committee shall be a member of	152
the house of representatives, and the vice-chairperson of the	153
committee shall be a member of the senate. In the second regular	154
session of the 128th131st general assembly, the chairperson of	155
the committee shall be a member of the senate, and the	156
vice-chairperson of the committee shall be a member of the house	157
of representatives.	158

Members of the committee shall receive no compensation, but	159
shall be reimbursed for their necessary expenses incurred in the	160
performance of their official duties.	161

(C) The committee shall meet not later than thirty days after	162
the first day of the first regular session of the 128th131st	163
general assembly to choose a chairperson and to commence	164
establishment of the schedule for agency review provided for in	165
section 101.85 of the Revised Code or perform other committee	166
duties under sections 101.82 to 101.87 of the Revised Code. Five	167
members of the committee shall constitute a quorum for the conduct	168
of committee business.	169

Sec. 101.85.  (A) The sunset review committee, not later than	170
sixty days after its first meeting in 20092015, shall schedule	171
for review each agency in existence on January 1, 20092015. The	172
committee, by a unanimous vote, also may schedule for review any	173
state board or commission described in division (A)(9) of section	174
101.82 of the Revised Code that is in existence on that date, and	175
any board or commission so scheduled shall be considered an agency	176
for purposes of sections 101.82 to 101.87 of the Revised Code.	177

(B) The chairperson of the committee shall send a copy of the	178
schedule for review of agencies for calendar year 20092015 and	179
calendar year 20102016 to each of the agencies scheduled for	180
review during that year and to the director of the legislative	181
service commission. The director shall publish a copy of the	182
schedule in the Ohio Administrative Code and in the register of	183
Ohio created under section 103.051 of the Revised Code. The	184
commission shall provide the committee with a list of agencies,	185
and state boards and commissions described in division (A)(9) of	186
section 101.82 of the Revised Code, in existence on January 1,	187
20092015, to assist the committee in identifying agencies and	188
exercising its duties under sections 101.82 to 101.87 of the	189
Revised Code with respect to those agencies.	190

Sec. 101.86.  (A) Not later than six months prior to the date	191
on which an agency in existence on January 1, 20092015, is	192
scheduled to expire under division (A) of section 101.83 of the	193
Revised Code, the sunset review committee shall hold hearings to	194
receive the testimony of the public and of the chief executive	195
officer of each agency scheduled for review and otherwise shall	196
consider and evaluate the usefulness, performance, and	197
effectiveness of the agency.	198

(B) Each agency that is scheduled for review shall submit to	199
the committee a report that contains all of the following	200
information:	201

(1) The agency's primary purpose and its various goals and	202
objectives;	203

(2) The agency's past and anticipated workload, the number of	204
staff required to complete that workload, and the agency's total	205
number of staff;	206

(3) The agency's past and anticipated budgets and its sources	207
of funding;	208

(4) The number of members of its governing board or other	209
governing entity and their compensation, if any.	210

(C) Each agency shall have the burden of demonstrating to the	211
committee a public need for its continued existence. In	212
determining whether an agency has demonstrated that need, the	213
committee shall consider all of the following:	214

(1) The extent to which the agency has permitted qualified	215
applicants to serve the public;	216

(2) The cost-effectiveness of the agency in terms of number	217
of employees, services rendered, and administrative costs	218
incurred, both past and present;	219

(3) The extent to which the agency has operated in the public	220
interest, and whether its operation has been impeded or enhanced	221
by existing statutes and procedures and by budgetary, resource,	222
and personnel practices;	223

(4) Whether the agency has recommended statutory changes to	224
the general assembly that would benefit the public as opposed to	225
the persons regulated by the agency, if any, and whether its	226
recommendations and other policies have been adopted and	227
implemented;	228

(5) Whether the agency has required any persons it regulates	229
to report to it the impact of agency rules and decisions on the	230
public as they affect service costs and service delivery;	231

(6) Whether persons regulated by the agency, if any, have	232
been required to assess problems in their business operations that	233
affect the public;	234

(7) Whether the agency has encouraged public participation in	235
its rule-making and decision-making;	236

(8) The efficiency with which formal public complaints filed	237
with the agency have been processed to completion;	238

(9) Whether the programs or services of the agency duplicate	239
or overlap those of other agencies;	240

(10) Whether the purpose for which the agency was created has	241
been fulfilled, has changed, or no longer exists;	242

(11) Whether federal law requires that the agency be renewed	243
in some form;	244

(12) Changes needed in the enabling laws of the agency in	245
order for it to comply with the criteria suggested by the	246
considerations listed in divisions (C)(1) to (11) of this section.	247

(D) In its initial review of each agency, the committee,	248
whenever possible, shall realign agency titles to conform to the	249
following descriptions:	250

(1) Commission: an administrative appeals or hearing agency;

251

(2) Authority: an agency empowered to issue bonds or notes;

252

(3) Board: an agency having a licensing function only;

253

(4) Council: an advisory body to a major agency or	254
department;	255

(5) Committee: an advisory body to a minor agency or	256
department.	257

Sec. 109.91.  (A) There is hereby established within the	258
office of the attorney general the crime victims assistance	259
office.	260

(B) There is hereby established the state victims assistance	261
advisory committeecouncil. The committeecouncil shall consist of	262
a chairperson, to be appointed by the attorney general, three ex	263
officio members, and fifteen members to be appointed by the	264
attorney general as follows: one member who represents the Ohio	265
victim-witness association; three members who represent local	266
victim assistance programs, including one from a municipally	267
operated program and one from a county-operated program; one	268
member who represents the interests of elderly victims; one member	269
who is a board member of any statewide or local organization that	270
exists primarily to aid victims of domestic violence, or who is an	271
employee of, or counselor for, such an organization; one member	272
who is an employee or officer of a county probation department or	273
a probation department operated by the department of	274
rehabilitation and correction; one member who is a county	275
prosecuting attorney; one member who is a city law director; one	276
member who is a county sheriff; one member who is a member or	277
officer of a township or municipal police department; one member	278
who is a court of common pleas judge; one member who is a	279
municipal court judge or county court judge; and two members who	280
are private citizens and are not government employees.	281

The committeecouncil shall include the following ex officio,	282
nonvoting members: the attorney general, one member of the senate	283
to be designated by the president of the senate, and one member of	284
the house of representatives to be designated by the speaker of	285
the house.	286

Members of the committeecouncil shall serve without	287
compensation, but shall be reimbursed for travel and other	288
necessary expenses that are incurred in the conduct of their	289
official duties as members of the committeecouncil. The	290
chairperson and members of the committeecouncil appointed by the	291
attorney general shall serve at the pleasure of the attorney	292
general. The attorney general shall serve on the committeecouncil	293
until the end of the term of office that qualified the attorney	294
general for membership on the committeecouncil. The member of the	295
senate and the member of the house of representatives shall serve	296
at the pleasure of the president of the senate and the speaker of	297
the house of representatives, respectively.	298

(C) The victims assistance advisory committeecouncil shall	299
perform both of the following duties:	300

(1) Advise the crime victims assistance office in determining	301
crime and delinquency victim service needs, determining crime and	302
delinquency victim policies for the state, and improving and	303
exercising leadership in the quality of crime and delinquency	304
victim programs in the state;	305

(2) Review and recommend to the crime victims assistance	306
office the victim assistance programs that should be considered	307
for the receipt of state financial assistance pursuant to section	308
109.92 of the Revised Code. The financial assistance allocation	309
recommendations of the committeecouncil shall be based on the	310
following priorities:	311

(a) Programs in existence on July 1, 1985, shall be given	312
first priority;	313

(b) Programs offering or proposing to offer the broadest	314
range of services and referrals to the community served, including	315
medical, psychological, financial, educational, vocational, and	316
legal services that were not in existence on July 1, 1985, shall	317
be given second priority;	318

(c) Other qualified programs shall be given last priority.

319

(D) As used in this section and section 109.92 of the Revised	320
Code, "victim assistance program" includes, but is not limited to	321
a program that provides at least one of the following:	322

(1) Services to victims of any offense of violence or	323
delinquent act that would be an offense of violence if committed	324
by an adult;	325

(2) Financial assistance or property repair services to	326
victims of crime or delinquent acts;	327

(3) Assistance to victims of crime or delinquent acts in	328
judicial proceedings;	329

(4) Assistance to victims of crime or delinquent acts under	330
the operation of any political subdivision of the state or a	331
branch of the criminal justice system set forth in division	332
(B)(1)(a), (b), or (c) of section 5502.61 of the Revised Code;	333

(5) Technical assistance to persons or organizations that	334
provide services to victims of crime or delinquent acts under the	335
operation of a branch of the criminal justice system set forth in	336
division (B)(1)(a), (b), or (c) of section 5502.61 of the Revised	337
Code.	338

A victim assistance program does not include the program for	339
the reparation of crime victims established pursuant to Chapter	340
2743. of the Revised Code.	341

Sec. 121.32.  The commission on Hispanic-Latino affairs	342
shall:	343

(A) Gather and disseminate information and conduct hearings,	344
conferences, investigations, and special studies on problems and	345
programs concerning Spanish-speaking people;	346

(B) Secure appropriate recognition of the accomplishments and	347
contributions of Spanish-speaking people to this state;	348

(C) Stimulate public awareness of the problems of	349
Spanish-speaking people by conducting a program of public	350
education;	351

(D) Develop, coordinate, and assist other public and private	352
organizations that serve Spanish-speaking people, including the	353
conducting of training programs for community leadership and	354
service project staff;	355

(E) Advise the governor, general assembly, and state	356
departments and agencies of the nature, magnitude, and priorities	357
of the problems of Spanish-speaking people;	358

(F) Advise the governor, general assembly, and state	359
departments and agencies on, and assist in the development and	360
implementation of, comprehensive and coordinated policies,	361
programs, and procedures focusing on the special problems and	362
needs of Spanish-speaking people, especially in the fields of	363
education, employment, energy, health, housing, welfare, and	364
recreation;	365

(G) Propose new programs concerning Spanish-speaking people	366
to public and private agencies and evaluate for such agencies	367
existing programs or prospective legislation concerning	368
Spanish-speaking people;	369

(H) Review and approve grants to be made from federal, state,	370
or private funds which are administered or subcontracted by the	371
office of Spanish-speaking affairs;	372

(I) Review and approve the annual report prepared by the	373
office of Spanish-speaking affairs;	374

(J) Create an interagency council consisting of the following	375
persons or their authorized representatives: one member of the	376
senate appointed by the president of the senate; one member of the	377
house of representatives appointed by the speaker of the house of	378
representatives; the directors of administrative services,	379
agriculture, education, development, health, highway safety, job	380
and family services, liquor control, mental health, developmental	381
disabilities, natural resources, rehabilitation and correction,	382
youth services, transportation, environmental protection, and	383
budget and management; the chairperson of the Ohio civil rights	384
commission, the administrators of the bureau of workers'	385
compensation and the rehabilitation services commission, and an	386
additional member of the governor's cabinet appointed by the	387
governor. The commission on Hispanic-Latino affairs, by rule, may	388
designate other state officers or their representatives to be	389
members of the council. The director of the commission shall be	390
the chairperson of the council.	391

The interagency council shall provideProvide and coordinate	392
the exchange of information relative to the needs of	393
Spanish-speaking people and promote the delivery of state services	394
to such people. The council shall meet at the call of the	395
chairperson.	396

Sec. 173.03.  (A) There is hereby created the Ohio advisory	397
council for the aging, which shall consist of twelve members to be	398
appointed by the governor with the advice and consent of the	399
senate. Two ex officio members of the council shall be members of	400
the house of representatives appointed by the speaker of the house	401
of representatives and shall be members of two different political	402
parties. Two ex officio members of the council shall be members of	403
the senate appointed by the president of the senate and shall be	404
members of two different political parties. The directors of	405
mental health, developmental disabilities, health, and job and	406
family services, or their designees, shall serve as ex officio	407
members of the council. The council shall carry out its role as	408
defined under the "Older Americans Act of 1965," 79 Stat. 219, 42	409
U.S.C. 3001, as amended.	410

At the first meeting of the council, and annually thereafter,	411
the members shall select one of their members to serve as	412
chairperson and one of their members to serve as vice-chairperson.	413

(B) Members of the council shall be appointed for a term of	414
three years, except that for the first appointment members of the	415
Ohio commission on aging who were serving on the commission	416
immediately prior to July 26, 1984, shall become members of the	417
council for the remainder of their unexpired terms. Thereafter,	418
appointment to the council shall be for a three-year term by the	419
governor. Each member shall hold office from the date of	420
appointment until the end of the term for which the member was	421
appointed. Any member appointed to fill a vacancy occurring prior	422
to the expiration of the term for which the member's predecessor	423
was appointed shall hold office for the remainder of the term. Any	424
No member mayshall continue in office subsequent to the	425
expiration date of the member's term until a successor takes	426
office and shall be compensated for the period served between the	427
expiration of the member's term and the beginning of the	428
successor's termunless reappointed under the provisions of this	429
section, and no member shall serve more than three consecutive	430
terms on the council.	431

(C) Membership of the council shall represent all areas of	432
Ohio and shall be as follows:	433

(1) A majority of members of the council shall have attained	434
the age of sixty and have a knowledge of and continuing interest	435
in the affairs and welfare of the older citizens of Ohio. The	436
fields of business, labor, health, law, and human services shall	437
be represented in the membership.	438

(2) No more than seven members shall be of the same political	439
party.	440

(D) Any member of the council may be removed from office by	441
the governor for neglect of duty, misconduct, or malfeasance in	442
office after being informed in writing of the charges and afforded	443
an opportunity for a hearing. Two consecutive unexcused absences	444
from regularly scheduled meetings constitute neglect of duty.	445

(E) Members of the council shall be compensated at the rate	446
of fifty dollars for each day actually employed in the discharge	447
of official duties but not to exceed two thousand dollars per year	448
and in addition shall be allowed actual and necessary expensesThe	449
director of aging may reimburse a member for actual and necessary	450
traveling and other expenses incurred in the discharge of official	451
duties. But reimbursement shall be made in the manner and at rates	452
that do not exceed those prescribed by the director of budget and	453
management for any officer, member, or employee of, or consultant	454
to, any state agency.	455

(F) Council members are not limited as to the number of terms	456
they may serve.	457

(G) Council members shall not be interested directly or	458
indirectly in any contract awarded by the department of aging(1)	459
The department of aging may award grants to or enter into	460
contracts with a member of the advisory council or an entity that	461
the member represents if any of the following apply:	462

(a) The department determines that the member or the entity	463
the member represents is capable of providing the goods or	464
services specified under the terms of the grant or contract.	465

(b) The member has not taken part in any discussion or vote	466
of the council related to whether the council should recommend	467
that the department of aging award the grant to or enter into the	468
contract with the member of the advisory council or the entity	469
that the member represents.	470

(2) A member of the advisory council is not in violation of	471
Chapter 102. or section 2921.42 of the Revised Code with regard to	472
receiving a grant or entering into a contract under this section	473
if the conditions of division (G)(1)(a) and (b) of this section	474
have been met.	475

Sec. 173.04.  (A) As used in this section, "respite care"	476
means short-term, temporary care or supervision provided to a	477
person who has Alzheimer's disease in the absence of the person	478
who normally provides that care or supervision.	479

(B) Through the internet web site maintained by the	480
department of aging, the director of aging shall disseminate	481
Alzheimer's disease training materials for licensed physicians,	482
registered nurses, licensed practical nurses, administrators of	483
health care programs, social workers, and other health care and	484
social service personnel who participate or assist in the care or	485
treatment of persons who have Alzheimer's disease. The training	486
materials disseminated through the web site may be developed by	487
the director or obtained from other sources.	488

(C) To the extent funds are available, the director shall	489
administer respite care programs and other supportive services for	490
persons who have Alzheimer's disease and their families or care	491
givers. Respite care programs shall be approved by the director	492
and shall be provided for the following purposes:	493

(1) Giving persons who normally provide care or supervision	494
for a person who has Alzheimer's disease relief from the stresses	495
and responsibilities that result from providing such care;	496

(2) Preventing or reducing inappropriate institutional care	497
and enabling persons who have Alzheimer's disease to remain at	498
home as long as possible.	499

(D) The director may provide services under this section to	500
persons with Alzheimer's disease and their families regardless of	501
the age of the persons with Alzheimer's disease.	502

(E) The director shallmay adopt rules in accordance with	503
Chapter 119. of the Revised Code governing respite care programs	504
and other supportive services, the distribution of funds, and the	505
purpose for which funds may be utilized under this section.	506

(F) The director may create an Alzheimer's disease and	507
related disorders task force to advise the director on the	508
following:	509

(1) The rights of persons with Alzheimer's disease and	510
related disorders;	511

(2) The development and evaluation of education and training	512
programs, home care programs, and respite care programs that serve	513
persons with Alzheimer's disease and related disorders;	514

(3) How to serve persons with Alzheimer's disease and related	515
disorders in Ohio's unified long-term care budget system.	516

If a task force is created, the members shall include	517
representatives of the Alzheimer's disease association and other	518
organizations the director considers appropriate.	519

Sec. 1349.71.  (A) There is hereby created a consumer finance	520
education board, consisting of the following twelve members:	521

(1) An employee of the Ohio attorney general's office,	522
appointed by the governor;	523

(2) An employee of the department of commerce, appointed by	524
the governor;	525

(3) An employee of the Ohio housing finance agency, appointed	526
by the governor;	527

(4) A representative of Ohio minority advocacy groups,	528
appointed by the governor;	529

(5) A member of the Ohio bankers league, appointed by the	530
speaker of the house of representatives;	531

(6) A member of the Ohio mortgage bankers association,	532
appointed by the speaker of the house of representatives;	533

(7) A member of the Ohio credit union league, appointed by	534
the speaker of the house of representatives;	535

(8) A member of the Ohio community bankers association,	536
appointed by the speaker of the house of representatives;	537

(9) A representative of the Ohio real estate industry,	538
appointed by the president of the senate;	539

(10) A member of the Ohio mortgage brokers association,	540
appointed by the president of the senate;	541

(11) A representative of the financial services industry,	542
appointed by the president of the senate;	543

(12) A representative of consumer advocacy organizations,	544
appointed by the president of the senate.	545

(B) Geographically diverse representation of the state shall	546
be considered in making appointments. Of the initial appointments	547
to the board, four shall be for a term ending December 31, 2008,	548
four shall be for a term ending December 31, 2009, and four shall	549
be for a term ending December 31, 2010. Thereafter, terms of	550
office are for three years, commencing on the first day of January	551
and ending on the thirty-first day of December. Each member shall	552
hold office from the date of the member's appointment until the	553
end of the term for which the member is appointed. Prior to	554
assuming the duties of office, each member shall subscribe to, and	555
file with the secretary of state, the constitutional oath of	556
office. Vacancies that occur on the board shall be filled in the	557
manner prescribed for regular appointments to the board. A member	558
appointed to fill a vacancy occurring prior to the expiration of	559
the term for which the member's predecessor was appointed shall	560
hold office for the remainder of that predecessor's term. A member	561
shall continue in office subsequent to the expiration date of the	562
member's term until the member's successor takes office or until	563
sixty days have elapsed, whichever occurs first. No person shall	564
serve as a member of the board for more than two consecutive	565
terms. The governor may remove a member pursuant to section 3.04	566
of the Revised Code.	567

(C) Annually, upon the qualification of the members appointed	568
in that year, the board shall organize by selecting from its	569
members a chairperson. The board shall meet at least once each	570
calendar quarter to conduct its business with the place of future	571
meetings to be decided by a vote of its members. Each member shall	572
be provided with written notice of the time and place of each	573
board meeting at least ten days prior to the scheduled date of the	574
meeting. A majority of the members of the board constitutes a	575
quorum to transact and vote on all business coming before the	576
board.	577

(D)(1) The governor shall call the first meeting of the	578
consumer finance education board. At that meeting, and annually	579
thereafter, the board shall elect a chairperson for a one-year	580
term and may elect members to other positions on the board as the	581
board considers necessary or appropriate.	582

(2) Each member of the board shall receive an amount fixed	583
pursuant to division (J) of section 124.15 of the Revised Code for	584
each day employed in the discharge of the member's official	585
duties, and the member's actual and necessary expenses incurred in	586
the discharge of those duties.	587

(E) The board may obtain services from any state agency,	588
including, but not limited to, the department of commerce or its	589
successor agency.	590

(F) The board shall assemble an advisory committee of	591
representatives from the following organizations or groups for the	592
purpose of receiving recommendations on policy, rules, and	593
activities of the board:	594

(1) The department of aging;

595

(2) The department of rehabilitation and correction;

596

(3) The department of development;

597

(4) The department of job and family services;

598

(5) The Ohio treasurer of state's office;

599

(6) The county treasurers association of Ohio;

600

(7) Ohio college professors;

601

(8) Ohio university professors;

602

(9) The Ohio board of regents;

603

(10) The Ohio community development corporations association;

604

(11) The Ohio council for economic education;

605

(12) The Ohio state university extension service.

606

Sec. 3302.021. (A) Not earlier than July 1, 2005, and not	607
later than July 1, 2007, the department of education shall	608
implement a value-added progress dimension for school districts	609
and buildings and shall incorporate the value-added progress	610
dimension into the report cards and performance ratings issued for	611
districts and buildings under section 3302.03 of the Revised Code.	612

The state board of education shall adopt rules, pursuant to	613
Chapter 119. of the Revised Code, for the implementation of the	614
value-added progress dimension. In adopting rules, the state board	615
shall consult with the Ohio accountability task force established	616
under division (E) of this section. The rules adopted under this	617
division shall specify both of the following:	618

(1) A scale for describing the levels of academic progress in	619
reading and mathematics relative to a standard year of academic	620
growth in those subjects for each of grades three through eight;	621

(2) That the department shall maintain the confidentiality of	622
individual student test scores and individual student reports in	623
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the	624
Revised Code and federal law. The department may require school	625
districts to use a unique identifier for each student for this	626
purpose. Individual student test scores and individual student	627
reports shall be made available only to a student's classroom	628
teacher and other appropriate educational personnel and to the	629
student's parent or guardian.	630

(B) The department shall use a system designed for collecting	631
necessary data, calculating the value-added progress dimension,	632
analyzing data, and generating reports, which system has been used	633
previously by a non-profitnonprofit organization led by the Ohio	634
business community for at least one year in the operation of a	635
pilot program in cooperation with school districts to collect and	636
report student achievement data via electronic means and to	637
provide information to the districts regarding the academic	638
performance of individual students, grade levels, school	639
buildings, and the districts as a whole.	640

(C) The department shall not pay more than two dollars per	641
student for data analysis and reporting to implement the	642
value-added progress dimension in the same manner and with the	643
same services as under the pilot program described by division (B)	644
of this section. However, nothing in this section shall preclude	645
the department or any school district from entering into a	646
contract for the provision of more services at a higher fee per	647
student. Any data analysis conducted under this section by an	648
entity under contract with the department shall be completed in	649
accordance with timelines established by the superintendent of	650
public instruction.	651

(D) The department shall share any aggregate student data and	652
any calculation, analysis, or report utilizing aggregate student	653
data that is generated under this section with the chancellor of	654
the Ohio board of regents. The department shall not share	655
individual student test scores and individual student reports with	656
the chancellor.	657

(E)(1) There is hereby established the Ohio accountability	658
task force. The task force shall consist of the following thirteen	659
members:	660

(a) The chairpersons and ranking minority members of the	661
house of representatives and senate standing committees primarily	662
responsible for education legislation, who shall be nonvoting	663
members;	664

(b) One representative of the governor's office, appointed by	665
the governor;	666

(c) The superintendent of public instruction, or the	667
superintendent's designee;	668

(d) One representative of teacher employee organizations	669
formed pursuant to Chapter 4117. of the Revised Code, appointed by	670
the speaker of the house of representatives;	671

(e) One representative of school district boards of	672
education, appointed by the president of the senate;	673

(f) One school district superintendent, appointed by the	674
speaker of the house of representatives;	675

(g) One representative of business, appointed by the	676
president of the senate;	677

(h) One representative of a non-profitnonprofit organization	678
led by the Ohio business community, appointed by the governor;	679

(i) One school building principal, appointed by the president	680
of the senate;	681

(j) A member of the state board of education, appointed by	682
the speaker of the house of representatives.	683

Initial appointed members of the task force shall serve until	684
January 1, 2005. Thereafter, terms of office for appointed members	685
shall be for two years, each term ending on the same day of the	686
same month as did the term that it succeeds. Each appointed member	687
shall hold office from the date of appointment until the end of	688
the term for which the member was appointed. Members may be	689
reappointed. Vacancies shall be filled in the same manner as the	690
original appointment. Any member appointed to fill a vacancy	691
occurring prior to the expiration of the term for which the	692
member's predecessor was appointed shall hold office for the	693
remainder of that term.	694

The task force shall select from among its members a	695
chairperson. The task force shall meet at least six timesonce	696
each calendar year and at other times upon the call of the	697
chairperson to conduct its business. Members of the task force	698
shall serve without compensation.	699

(2) The task force shall do all of the following:

700

(a) Examine the implementation of the value-added progress	701
dimension by the department, including the system described in	702
division (B) of this section, the reporting of performance data to	703
school districts and buildings, and the provision of professional	704
development on the interpretation of the data to classroom	705
teachers and administrators;	706

(b) Periodically review any fees for data analysis and	707
reporting paid by the department pursuant to division (C) of this	708
section and determine if the fees are appropriate based upon the	709
level of services provided;	710

(c) Periodically report to the department and the state board	711
on all issues related to the school district and building	712
accountability system established under this chapter;	713

(d) Not later than seven years after its initial meeting,	714
make recommendations to improve the school district and building	715
accountability system established under this chapter. The task	716
force shall adopt recommendations by a majority vote of its	717
members. Copies of the recommendations shall be provided to the	718
state board, the governor, the speaker of the house of	719
representatives, and the president of the senate.	720

(e) Determine starting dates for the implementation of the	721
value-added progress dimension and its incorporation into school	722
district and building report cards and performance ratings.	723

Sec. 3311.71.  (A) As used in this section and in sections	724
3311.72 to 3311.773311.76 of the Revised Code:	725

(1) "Municipal school district" means a school district that	726
is or has ever been under a federal court order requiring	727
supervision and operational, fiscal, and personnel management of	728
the district by the state superintendent of public instruction.	729

(2) "Mayor" means the mayor of the municipal corporation	730
containing the greatest portion of a municipal school district's	731
territory.	732

(B) Whenever any municipal school district is released by a	733
federal court from an order requiring supervision and operational,	734
fiscal, and personnel management of the district by the state	735
superintendent, the management and control of that district shall	736
be assumed, effective immediately, by a new nine-member board of	737
education. Members of the new board shall be appointed by the	738
mayor, who shall also designate one member as the chairperson of	739
the board. In addition to the rights, authority, and duties	740
conferred upon the chairperson by sections 3311.71 to 3311.76 of	741
the Revised Code, the chairperson shall have all the rights,	742
authority, and duties conferred upon the president of a board of	743
education by the Revised Code that are not inconsistent with	744
sections 3311.71 to 3311.76 of the Revised Code.	745

(C) No school board member shall be appointed by the mayor	746
pursuant to division (B) of this section until the mayor has	747
received a slate of at least eighteen candidates nominated by a	748
municipal school district nominating panel, at least three of whom	749
reside in the municipal school district but not in the municipal	750
corporation containing the greatest portion of the district's	751
territory. The municipal school district nominating panel shall be	752
initially convened and chaired by the state superintendent of	753
public instruction, who shall serve as a nonvoting member for the	754
first two years of the panel's existence, and shall consist of	755
eleven persons selected as follows:	756

(1) Three parents or guardians of children attending the	757
schools of the municipal school district appointed by the district	758
parent-teacher association, or similar organization selected by	759
the state superintendent;	760

(2) Three persons appointed by the mayor;

761

(3) One person appointed by the president of the legislative	762
body of the municipal corporation containing the greatest portion	763
of the municipal school district's territory;	764

(4) One teacher appointed by the collective bargaining	765
representative of the school district's teachers;	766

(5) One principal appointed through a vote of the school	767
district's principals, which vote shall be conducted by the state	768
superintendent;	769

(6) One representative of the business community appointed by	770
an organized collective business entity selected by the mayor;	771

(7) One president of a public or private institution of	772
higher education located within the municipal school district	773
appointed by the state superintendent of public instruction.	774

The municipal school district nominating panel shall select	775
one of its members as its chairperson commencing two years after	776
the date of the first meeting of the panel, at which time the	777
state superintendent of public instruction shall no longer convene	778
or chair the panel. Thereafter, the panel shall meet as necessary	779
to make nominations at the call of the chairperson. All members of	780
the panel shall serve at the pleasure of the appointing authority.	781
Vacancies on the panel shall be filled in the same manner as the	782
initial appointments.	783

(D) No individual shall be appointed by the mayor pursuant to	784
division (B) or (F) of this section unless the individual has been	785
nominated by the nominating panel, resides in the school district,	786
and holds no elected public office. At any given time, four of the	787
nine members appointed by the mayor to serve on the board pursuant	788
to either division (B) or (F) of this section shall have	789
displayed, prior to appointment, significant expertise in either	790
the education field, finance, or business management. At all times	791
at least one member of the board shall be an individual who	792
resides in the municipal school district but not in the municipal	793
corporation containing the greatest portion of the district's	794
territory.	795

(E) The terms of office of all members appointed by the mayor	796
pursuant to division (B) of this section shall expire on the next	797
thirtieth day of June following the referendum election required	798
by section 3311.73 of the Revised Code. The mayor may, with the	799
advice and consent of the nominating panel, remove any member	800
appointed pursuant to that division or division (F) of this	801
section for cause.	802

(F) If the voters of the district approve the continuation of	803
an appointed board at the referendum election required by section	804
3311.73 of the Revised Code, the mayor shall appoint the members	805
of a new board from a slate prepared by the nominating panel in	806
the same manner as the initial board was appointed pursuant to	807
divisions (B), (C), and (D) of this section. Five of the members	808
of the new board shall be appointed to four-year terms and the	809
other four shall be appointed to two-year terms, each term	810
beginning on the first day of July. Thereafter, the mayor shall	811
appoint members to four-year terms in the same manner as described	812
in divisions (B), (C), and (D) of this section. The minimum number	813
of individuals who shall be on the slate prepared by the	814
nominating panel for this purpose shall be at least twice the	815
number of members to be appointed, including at least two who	816
reside in the municipal school district but not in the municipal	817
corporation containing the greatest portion of the district's	818
territory.	819

(G) In addition to the nine members appointed by the mayor,	820
the boards appointed pursuant to divisions (B) and (F) of this	821
section shall include the following nonvoting ex officio members:	822

(1) If the main campus of a state university specified in	823
section 3345.011 of the Revised Code is located within the	824
municipal school district, the president of the university or the	825
president's designee;	826

(2) If any community college has its main branch located	827
within the district, the president of the community college that	828
has the largest main branch within the district, or the	829
president's designee.	830

Sec. 3312.01. (A) The educational regional service system is	831
hereby established. The system shall support state and regional	832
education initiatives and efforts to improve school effectiveness	833
and student achievement. Services, including special education and	834
related services, shall be provided under the system to school	835
districts, community schools established under Chapter 3314. of	836
the Revised Code, and chartered nonpublic schools.	837

It is the intent of the general assembly that the educational	838
regional service system reduce the unnecessary duplication of	839
programs and services and provide for a more streamlined and	840
efficient delivery of educational services without reducing the	841
availability of the services needed by school districts and	842
schools.	843

(B) The educational regional service system shall consist of	844
the following:	845

(1) The state regional alliance advisory board established	846
under section 3312.11 of the Revised Code;	847

(2) The advisory councils and subcommittees established under	848
sections 3312.03 and 3312.05 of the Revised Code;	849

(3)(2) A fiscal agent for each of the regions as configured	850
under section 3312.02 of the Revised Code;	851

(4)(3) Educational service centers, information technology	852
centers established under section 3301.075 of the Revised Code,	853
and other regional education service providers.	854

(C) Educational service centers shall provide the services	855
that they are specifically required to provide by the Revised Code	856
and may enter into agreements pursuant to section 3313.843,	857
3313.844, or 3313.845 of the Revised Code for the provision of	858
other services, which may include any of the following:	859

(1) Assistance in improving student performance;

860

(2) Services to enable a school district or school to operate	861
more efficiently or economically;	862

(3) Professional development for teachers or administrators;

863

(4) Assistance in the recruitment and retention of teachers	864
and administrators;	865

(5) Any other educational, administrative, or operational	866
services.	867

In addition to implementing state and regional education	868
initiatives and school improvement efforts under the educational	869
regional service system, educational service centers shall	870
implement state or federally funded initiatives assigned to the	871
service centers by the general assembly or the department of	872
education.	873

Any educational service center selected to be a fiscal agent	874
for its region pursuant to section 3312.07 of the Revised Code	875
shall continue to operate as an educational service center for the	876
part of the region that comprises its territory.	877

(D) Information technology centers may enter into agreements	878
for the provision of services pursuant to section 3312.10 of the	879
Revised Code.	880

(E) No school district, community school, or chartered	881
nonpublic school shall be required to purchase services from an	882
educational service center or information technology center in the	883
region in which the district or school is located, except that a	884
local school district shall receive any services required by the	885
Revised Code to be provided by an educational service center to	886
the local school districts in its territory from the educational	887
service center in whose territory the district is located.	888

Sec. 3312.09. (A) Each performance contract entered into by	889
the department of education and the fiscal agent of a region for	890
implementation of a state or regional education initiative or	891
school improvement effort shall include the following:	892

(1) An explanation of how the regional needs and priorities	893
for educational services have been identified by the advisory	894
council of the region, the advisory council's subcommittees, and	895
the department;	896

(2) A definition of the services to be provided to school	897
districts, community schools, and chartered nonpublic schools in	898
the region, including any services provided pursuant to division	899
(A) of section 3302.04 of the Revised Code;	900

(3) Expected outcomes from the provision of the services	901
defined in the contract;	902

(4) The method the department will use to evaluate whether	903
the expected outcomes have been achieved;	904

(5) A requirement that the fiscal agent develop and implement	905
a corrective action plan if the results of the evaluation are	906
unsatisfactory;	907

(6) Data reporting requirements;

908

(7) The aggregate fees to be charged by the fiscal agent and	909
any entity with which it subcontracts to cover personnel and	910
program costs associated with administering the contract, which	911
fees shall be subject to controlling board approval if in excess	912
of four per cent of the value of the contract;	913

(8) A requirement that a member of the advisory council in	914
the region be a member of the state regional alliance advisory	915
board established under section 3312.11 of the Revised Code.	916

(B) Upon completion of each evaluation described in a	917
performance contract, the department shall post the results of	918
that evaluation on its web site.	919

Sec. 3701.025. (A) There is hereby created the medically	920
handicapped children's medical advisory council consisting of	921
twenty-one members to be appointed by the director of health for	922
terms set in accordance with rules adopted by the public health	923
council under division (A)(11) of section 3701.021 of the Revised	924
Code. The medically handicapped children's medical advisory	925
council shall advise the director regarding the administration of	926
the program for medically handicapped children, the suitable	927
quality of medical practice for providers, and the requirements	928
for medical eligibility for the program.	929

All members of the council shall be licensed physicians,	930
surgeons, dentists, and other professionals in the field of	931
medicine, representative of the various disciplines involved in	932
the treatment of children with medically handicapping conditions,	933
and representative of the treatment facilities involved, such as	934
hospitals, private and public health clinics, and private	935
physicians' offices, and shall be eligible for the program.	936

Members of the council shall receive no compensation, but	937
shall receive their actual and necessary travel expenses incurred	938
in the performance of their official duties in accordance with the	939
rules of the office of budget and management.	940

(B) The director of health may appoint a maternal and child	941
health council to represent the views of service providers, other	942
interest groups, consumers, and various geographic areas of the	943
state. The maternal and child health council shall advise the	944
department of health on matters pertaining to maternal and child	945
health and, in particular, the "Maternal and Child Health Block	946
Grant," Title V of the "Social Security Act," 95 Stat. 818, (1981)	947
42 U.S.C.A. 701, as amended. Members of the council shall receive	948
no compensation, but shall receive their actual and necessary	949
travel expenses incurred in the performance of their official	950
duties in accordance with the rules of the office of budget and	951
management.	952

Sec. 3701.63. (A) As used in this section and section 3701.64	953
of the Revised Code:	954

(1) "Child day-care center," "type A family day-care home,"	955
and "certified type B family day-care home" have the same meanings	956
as in section 5104.01 of the Revised Code.	957

(2) "Child care facility" means a child day-care center, a	958
type A family day-care home, or a certified type B family day-care	959
home.	960

(3) "Freestanding birthing center" has the same meaning as in	961
section 3702.51 of the Revised Code.	962

(4) "Hospital" means a hospital classified pursuant to rules	963
adopted under section 3701.07 of the Revised Code as a general	964
hospital or children's hospital.	965

(5) "Maternity unit" means any unit or place in a hospital	966
where women are regularly received and provided care during all or	967
part of the maternity cycle, except that "maternity unit" does not	968
include an emergency department or similar place dedicated to	969
providing emergency health care.	970

(6) "Parent" means either parent, unless the parents are	971
separated or divorced or their marriage has been dissolved or	972
annulled, in which case "parent" means the parent who is the	973
residential parent and legal custodian of the child. "Parent" also	974
means a prospective adoptive parent with whom a child is placed.	975

(7) "Shaken Baby Syndrome" means signs and symptoms,	976
including, but not limited to, retinal hemorrhages in one or both	977
eyes, subdural hematoma, or brain swelling, resulting from the	978
violent shaking or the shaking and impacting of the head of an	979
infant or small child.	980

(B) The director of health shall establish the shaken baby	981
syndrome education program by doing all of the following:	982

(1) By not later than one year after the effective date of	983
this section, with the advice of the work group appointed under	984
division (D) of this sectionFebruary 29, 2008, developing	985
educational materials that present readily comprehendible	986
information on shaken baby syndrome;	987

(2) Making available on the department of health web site in	988
an easily accessible format the educational materials developed	989
under division (B)(1) of this section;	990

(3) Beginning in 2009, annually assessing the effectiveness	991
of the shaken baby syndrome education program by evaluating the	992
reports received pursuant to section 5101.135 of the Revised Code.	993

(C) In meeting the requirements under division (B) of this	994
section, the director shall not develop educational materials that	995
will impose an administrative or financial burden on any of the	996
entities or persons listed in section 3701.64 of the Revised Code.	997

(D) The director of health shall appoint and convene a work	998
group to advise the director on the shaken baby syndrome	999
educational materials the director is required to develop under	1000
division (B) of this section. The work group shall include at	1001
least one representative of each of the following:	1002

(1) Child abuse prevention advocates;

1003

(2) The staff of the "help me grow" program established	1004
pursuant to section 3701.61 of the Revised Code;	1005

(3) Experts in the field of infant care, particularly in the	1006
area of infant calming methods;	1007

(4) Maternity unit directors;

1008

(5) Parenting skills educators;

1009

(6) Child care facilities.

1010

The work group may also include, at the director's	1011
discretion, representatives of other professions whose members	1012
have practical experience regarding shaken baby syndrome and	1013
representatives of citizens' organizations whose members are	1014
knowledgeable about shaken baby syndrome.	1015

Sec. 3718.03. (A) There is hereby created the sewage	1016
treatment system technical advisory committee consisting of the	1017
director of health or the director's designee and ten members who	1018
are knowledgeable about sewage treatment systems and technologies.	1019
Of the ten members, four shall be appointed by the governor, three	1020
shall be appointed by the president of the senate, and three shall	1021
be appointed by the speaker of the house of representatives.	1022

(1) Of the members appointed by the governor, one shall	1023
represent academia, one shall be a representative of the public	1024
who is not employed by the state or any of its political	1025
subdivisions and who does not have a pecuniary interest in	1026
household sewage treatment systems, one shall be an engineer from	1027
the environmental protection agency, and one shall be selected	1028
from among soil scientists in the division of soil and water	1029
resources in the department of natural resources.	1030

(2) Of the members appointed by the president of the senate,	1031
one shall be a health commissioner who is a member of and	1032
recommended by the association of Ohio health commissioners, one	1033
shall represent the interests of manufacturers of household sewage	1034
treatment systems, and one shall represent installers and service	1035
providers.	1036

(3) Of the members appointed by the speaker of the house of	1037
representatives, one shall be a health commissioner who is a	1038
member of and recommended by the association of Ohio health	1039
commissioners, one shall represent the interests of manufacturers	1040
of household sewage treatment systems, and one shall be a	1041
sanitarian who is registered under Chapter 4736. of the Revised	1042
Code and who is a member of the Ohio environmental health	1043
association.	1044

(B) Terms of members appointed to the committee shall be for	1045
three years, with each term ending on the same day of the same	1046
month as did the term that it succeeds. Each member shall serve	1047
from the date of appointment until the end of the term for which	1048
the member was appointed.	1049

Members may be reappointed. Vacancies shall be filled in the	1050
same manner as provided for original appointments. Any member	1051
appointed to fill a vacancy occurring prior to the expiration date	1052
of the term for which the member was appointed shall hold office	1053
for the remainder of that term. A member shall continue to serve	1054
after the expiration date of the member's term until the member's	1055
successor is appointed or until a period of sixty days has	1056
elapsed, whichever occurs first. The applicable appointing	1057
authority may remove a member from the committee for failure to	1058
attend two consecutive meetings without showing good cause for the	1059
absences.	1060

(C) The technical advisory committee annually shall select	1061
from among its members a chairperson and a vice-chairperson and a	1062
secretary to keep a record of its proceedings. A majority vote of	1063
the members of the full committee is necessary to take action on	1064
any matter. The committee may adopt bylaws governing its	1065
operation, including bylaws that establish the frequency of	1066
meetings.	1067

(D) Serving as a member of the sewage treatment system	1068
technical advisory committee does not constitute holding a public	1069
office or position of employment under the laws of this state and	1070
does not constitute grounds for removal of public officers or	1071
employees from their offices or positions of employment. Members	1072
of the committee shall serve without compensation for attending	1073
committee meetings.	1074

(E) A member of the committee shall not have a conflict of	1075
interest with the position. For the purposes of this division,	1076
"conflict of interest" means the taking of any action that	1077
violates any provision of Chapter 102. or 2921. of the Revised	1078
Code.	1079

(F) The sewage treatment system technical advisory committee	1080
shall do all of the following:	1081

(1) Develop with the department of health standards and	1082
guidelines for approving or disapproving a sewage treatment system	1083
or components of a system under section 3718.04 of the Revised	1084
Code;	1085

(2) Develop with the department an application form to be	1086
submitted to the director by an applicant for approval or	1087
disapproval of a sewage treatment system or components of a system	1088
and specify the information that must be included with an	1089
application form;	1090

(3) Advise the director on the approval or disapproval of an	1091
application sent to the director under section 3718.04 of the	1092
Revised Code requesting approval of a sewage treatment system or	1093
components of a system;	1094

(4) Pursue and recruit in an active manner the research,	1095
development, introduction, and timely approval of innovative and	1096
cost-effective household sewage treatment systems and components	1097
of a system for use in this state, which shall include conducting	1098
pilot projects to assess the effectiveness of a system or	1099
components of a system;	1100

(5) By January 1, 2008, provide the household sewage and	1101
small flow on-site sewage treatment system study commission	1102
created by Am. Sub. H.B. 119 of the 127th general assembly with a	1103
list of available alternative systems and the estimated cost of	1104
each system.	1105

(G) The chairperson of the committee shall prepare and submit	1106
an annual report concerning the activities of the committee to the	1107
general assembly not later than ninety days after the end of the	1108
calendar year. The report shall discuss the number of applications	1109
submitted under section 3718.04 of the Revised Code for the	1110
approval of a new sewage treatment system or a component of a	1111
system, the number of such systems and components that were	1112
approved, any information that the committee considers beneficial	1113
to the general assembly, and any other information that the	1114
chairperson determines is beneficial to the general assembly. If	1115
other members of the committee determine that certain information	1116
should be included in the report, they shall submit the	1117
information to the chairperson not later than thirty days after	1118
the end of the calendar year.	1119

(H) The department shall provide meeting space for the	1120
committee. The committee shall be assisted in its duties by the	1121
staff of the department.	1122

(I) Sections 101.82 to 101.87 of the Revised Code do not	1123
apply to the sewage treatment system technical advisory committee.	1124

Sec. 3727.312.  The hospital measures advisory council shall	1125
do all of the following:	1126

(A) Study the issue of hospitals reporting information	1127
regarding their performance in meeting measures for hospital	1128
inpatient and outpatient services, including how such reports are	1129
made in other states;	1130

(B) Not later than one year after the date the last of the	1131
initial council members is appointed, issue a report to the	1132
director of health with recommendations for all of the following:	1133

(1) Collecting, pursuant to section 3727.33 of the Revised	1134
Code, information from hospitals that shows their performance in	1135
meeting measures for hospital inpatient and outpatient services;	1136

(2) The audits conducted pursuant to section 3727.331 of the	1137
Revised Code;	1138

(3) Disseminating information about the performance of	1139
hospitals in meeting the measures, including effective methods of	1140
displaying information on any internet web site established under	1141
section 3727.39 of the Revised Code;	1142

(4) Explaining to the public how to use the information about	1143
the performance of hospitals in meeting the measures, including	1144
explanations about the limitations of the information.	1145

(C) Provide the director of health ongoing advice on all of	1146
the following:	1147

(1) The issue of hospitals reporting information regarding	1148
their performance in meeting measures for hospital inpatient and	1149
outpatient services;	1150

(2) Disseminating the information reported by hospitals;

1151

(3) Making improvements to the reports and dissemination of	1152
information;	1153

(4) Making changes to the information collection requirements	1154
and dissemination methods;	1155

(5) Recommendations regarding measurers for children's	1156
hospital inpatient and outpatient services.	1157

(D) Convene a group of health care consumers, nurses, and	1158
experts in infection control, the members of which shall be	1159
appointed by the council according to a method selected by the	1160
council, to provide information about infection issues to the	1161
council as needed for the council to perform its duties.	1162

Sec. 3737.03.  The state fire commissioncouncil may do all	1163
of the following:	1164

(A) Conduct research, make and publish reports on fire	1165
safety, and recommend to the governor, the general assembly, the	1166
board of building standards, and other state agencies, any needed	1167
changes in the laws, rules, or administrative policies relating to	1168
fire safety;	1169

(B) Recommend revisions in the rules included in the state	1170
fire code adopted by the fire marshal. The recommendations may	1171
propose the adoption of new rules or the amendment or repeal of	1172
existing rules. The commissioncouncil shall file its	1173
recommendations in the office of the fire marshal, and, within	1174
sixty days after the recommendations are filed, the fire marshal	1175
shall file with the chairperson of the commissioncouncil the fire	1176
marshal's comments on, and proposed action in response to, the	1177
recommendations.	1178

(C) Maintain the Ohio fire service hall of fame. In	1179
maintaining the hall of fame, the commissioncouncil shall keep	1180
official commendations that recognize and commemorate exemplary	1181
accomplishments and acts of heroism by firefighters and other	1182
persons at fire-related incidents or similar events occurring in	1183
the state. The commissioncouncil may adopt criteria and	1184
guidelines for selecting individuals for that recognition and	1185
commemoration. The recognition and commemoration of individuals	1186
may occur annually and include an annual awards ceremony. The	1187
expenses associated with the recognition and commemoration of	1188
individuals shall be paid in accordance with division (F) of	1189
section 3737.81 of the Revised Code.	1190

Sec. 3737.21.  (A) The director of the department of commerce	1191
shall appoint, from names submitted to the director by the state	1192
fire commissioncouncil, a fire marshal, who shall serve at the	1193
pleasure of the director and shall possess the following	1194
qualifications:	1195

(1) A degree from an accredited college or university with	1196
specialized study in either the field of fire protection or fire	1197
protection engineering, or the equivalent qualifications	1198
determined from training, experience, and duties in a fire	1199
service;	1200

(2) Five years of recent, progressively more responsible	1201
experience in fire inspection, fire code enforcement, fire	1202
investigation, fire protection engineering, teaching of fire	1203
safety engineering, or fire fighting.	1204

(B) When a vacancy occurs in the position of fire marshal,	1205
the director shall notify the state fire commissioncouncil. The	1206
commissioncouncil shall communicate the fact of the vacancy by	1207
regular mail to all fire chiefs and fire protection engineers	1208
known to the commissioncouncil, or whose identity may be	1209
ascertained by the commissioncouncil by the exercise of due	1210
diligence. The commissioncouncil, no earlier than thirty days	1211
after mailing the notification, shall compile a list of all	1212
applicants for the position of fire marshal who are qualified	1213
under this section. The commissioncouncil shall submit the names	1214
of at least three persons on the list to the director. The	1215
director shall appoint the fire marshal from the list of at least	1216
three names or may request the commissioncouncil to submit	1217
additional names.	1218

Sec. 3737.81.  (A) There is hereby created the state fire	1219
commissioncouncil consisting of ten members to be appointed by	1220
the governor with the advice and consent of the senate. The fire	1221
marshal or chief deputy fire marshal, a representative designated	1222
by the department of public safety who has tenure in fire	1223
suppression, and a representative designated by the board of	1224
building standards shall be ex officio members. Of the initial	1225
appointments made to the commissioncouncil, two shall be for a	1226
term ending one year after November 1, 1978, two shall be for a	1227
term ending two years after that date, two shall be for a term	1228
ending three years after that date, two shall be for a term ending	1229
four years after that date, and two shall be for a term ending	1230
five years after that date. Thereafter, terms of office shall be	1231
for five years, each term ending on the same day of the same month	1232
of the year as did the term which it succeeds. Each member shall	1233
hold office from the date of appointment until the end of the term	1234
for which the member was appointed. Any member appointed to fill a	1235
vacancy occurring prior to the expiration of the term for which	1236
the member's predecessor was appointed shall hold office for the	1237
remainder of that term. Any member shall continue in office	1238
subsequent to the expiration date of the member's term until a	1239
successor takes office, or until a period of sixty days has	1240
elapsed, whichever occurs first. Members shall be qualified by	1241
experience and training to deal with the matters that are the	1242
responsibility of the commissioncouncil. Two members shall be	1243
members of paid fire services, one shall be a member of volunteer	1244
fire services, two shall be mayors, managers, or members of	1245
legislative authorities of municipal corporations, one shall	1246
represent commerce and industry, one shall be a representative of	1247
a fire insurance company domiciled in this state, one shall	1248
represent the flammable liquids industry, one shall represent the	1249
construction industry, and one shall represent the public. At no	1250
time shall more than six members be members of or associated with	1251
the same political party. Membership on the commissioncouncil	1252
shall not constitute holding a public office, and no person shall	1253
forfeit or otherwise vacate the person's office or position of	1254
employment because of membership on the commissioncouncil.	1255

(B) The ex officio members may not vote, except that the fire	1256
marshal or chief deputy fire marshal may vote in case of a tie.	1257

(C) Each member of the commissioncouncil, other than ex	1258
officio members, shall be paid an amount fixed pursuant to	1259
division (J) of section 124.15 of the Revised Code, and the	1260
member's actual and necessary expenses.	1261

(D) The commissioncouncil shall select a chairperson and a	1262
vice-chairperson from among its members. No business may be	1263
transacted in the absence of a quorum. A quorum shall be at least	1264
six members, excluding ex officio members, and shall include	1265
either the chairperson or vice-chairperson. The commissioncouncil	1266
shall hold regular meetings at least once every two months and may	1267
meet at any other time at the call of the chairperson.	1268

(E) The fire marshal shall provide the commissioncouncil	1269
with office space, meeting rooms, staff, and clerical assistance	1270
necessary for the commissioncouncil to perform its duties. If the	1271
commissioncouncil maintains the Ohio fire service hall of fame	1272
under division (C) of section 3737.03 of the Revised Code, the	1273
fire marshal shall preserve, in an appropriate manner, in the	1274
office space or meeting rooms provided to the commissioncouncil	1275
under this division or in another location, copies of all official	1276
commendations awarded to individuals recognized and commemorated	1277
for their exemplary accomplishments and acts of heroism at	1278
fire-related incidents or similar events that occurred in this	1279
state.	1280

(F) If the commissioncouncil maintains the Ohio fire service	1281
hall of fame under division (C) of section 3737.03 of the Revised	1282
Code, the expenses incurred for the recognition and commemoration	1283
of individuals for their exemplary accomplishments and acts of	1284
heroism at fire-related incidents or similar events that occurred	1285
in this state, including, but not limited to, expenses for	1286
official commendations and an annual awards ceremony as described	1287
in division (B) of section 3737.03 of the Revised Code, may be	1288
paid from moneys appropriated by the general assembly for purposes	1289
of that recognition and commemoration, from moneys that are	1290
available to the fire marshal under this chapter, or from other	1291
funding sources available to the commissioncouncil.	1292

Sec. 3737.86.  (A) As used in this section, "rule" includes	1293
the adoption, amendment, or repeal of any rule by the fire marshal	1294
under sections 3737.82 to 3737.86 of the Revised Code, regardless	1295
of whether or not the rule is included in the state fire code.	1296

(B) The fire marshal shall adopt rules in accordance with	1297
Chapter 119. of the Revised Code. In adopting rules, the fire	1298
marshal shall consider and make appropriate findings with respect	1299
to the degree and nature of the risk of injury that the rule is	1300
designed to prevent or reduce, the approximate number of products	1301
or types or classes of products subject to the rule, the public	1302
need for the products involved, the probable effect of the rule on	1303
the utility, cost, or availability of such product, and any means	1304
of achieving the objective of the rule that will minimize adverse	1305
effects on competition or disruption or dislocation of	1306
manufacturing and other commercial practices. The minimum	1307
standards embodied in the rules shall be published in such a	1308
manner as to assure that all interested parties have a reasonable	1309
opportunity to be informed of the standards so established.	1310

(C) The fire marshal shall file a copy of the full text of	1311
any proposed rule with the chairmanchairperson of the state fire	1312
commissioncouncil. The fire marshal shall not adopt the proposed	1313
rule until the commissioncouncil has filed in the office of the	1314
fire marshal recommendations for revisions in the proposed rule or	1315
until a period of sixty days has elapsed since the proposed rule	1316
was filed with the chairmanchairperson of the commissioncouncil,	1317
whichever occurs first. The fire marshal shall consider any	1318
recommendations made by the commissioncouncil before adopting the	1319
proposed rule, but may accept, reject, or modify the	1320
recommendations.	1321

Sec. 3737.88.  (A)(1) The fire marshal shall have	1322
responsibility for implementation of the underground storage tank	1323
program and corrective action program for releases from	1324
underground petroleum storage tanks established by the "Resource	1325
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A.	1326
6901, as amended. To implement the program, the fire marshal may	1327
adopt, amend, and rescind such rules, conduct such inspections,	1328
require annual registration of underground storage tanks, issue	1329
such citations and orders to enforce those rules, enter into	1330
environmental covenants in accordance with sections 5301.80 to	1331
5301.92 of the Revised Code, and perform such other duties, as are	1332
consistent with those programs. The fire marshal, by rule, may	1333
delegate the authority to conduct inspections of underground	1334
storage tanks to certified fire safety inspectors.	1335

(2) In the place of any rules regarding release containment	1336
and release detection for underground storage tanks adopted under	1337
division (A)(1) of this section, the fire marshal, by rule, shall	1338
designate areas as being sensitive for the protection of human	1339
health and the environment and adopt alternative rules regarding	1340
release containment and release detection methods for new and	1341
upgraded underground storage tank systems located in those areas.	1342
In designating such areas, the fire marshal shall take into	1343
consideration such factors as soil conditions, hydrogeology, water	1344
use, and the location of public and private water supplies. Not	1345
later than July 11, 1990, the fire marshal shall file the rules	1346
required under this division with the secretary of state, director	1347
of the legislative service commission, and joint committee on	1348
agency rule review in accordance with divisions (B) and (H) of	1349
section 119.03 of the Revised Code.	1350

(B) Before adopting any rule under this section or section	1351
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	1352
file written notice of the proposed rule with the chairperson of	1353
the state fire commissioncouncil, and, within sixty days after	1354
notice is filed, the commissioncouncil may file responses to or	1355
comments on and may recommend alternative or supplementary rules	1356
to the fire marshal. At the end of the sixty-day period or upon	1357
the filing of responses, comments, or recommendations by the	1358
commissioncouncil, the fire marshal may adopt the rule filed with	1359
the commissioncouncil or any alternative or supplementary rule	1360
recommended by the commissioncouncil.	1361

(C) The state fire commissioncouncil may recommend courses	1362
of action to be taken by the fire marshal in carrying out the fire	1363
marshal's duties under this section. The commissioncouncil shall	1364
file its recommendations in the office of the fire marshal, and,	1365
within sixty days after the recommendations are filed, the fire	1366
marshal shall file with the chairperson of the commissioncouncil	1367
comments on, and proposed action in response to, the	1368
recommendations.	1369

(D) For the purpose of sections 3737.87 to 3737.89 of the	1370
Revised Code, the fire marshal shall adopt, and may amend and	1371
rescind, rules identifying or listing hazardous substances. The	1372
rules shall be consistent with and equivalent in scope, coverage,	1373
and content to regulations identifying or listing hazardous	1374
substances adopted under the "Comprehensive Environmental	1375
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	1376
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	1377
not identify or list as a hazardous substance any hazardous waste	1378
identified or listed in rules adopted under division (A) of	1379
section 3734.12 of the Revised Code.	1380

(E) Notwithstanding any provision of the laws of this state	1381
to the contrary, the fire marshal has exclusive jurisdiction to	1382
regulate the storage, treatment, and disposal of petroleum	1383
contaminated soil generated from corrective actions undertaken in	1384
response to releases of petroleum. The fire marshal may adopt,	1385
amend, or rescind such rules as the fire marshal considers to be	1386
necessary or appropriate to regulate the storage, treatment, or	1387
disposal of petroleum contaminated soil so generated.	1388

(F) The fire marshal shall adopt, amend, and rescind rules	1389
under sections 3737.88 to 3737.882 of the Revised Code in	1390
accordance with Chapter 119. of the Revised Code.	1391

Sec. 3743.54.  (A) A licensed exhibitor of fireworks may	1392
acquire fireworks for use at a public fireworks exhibition only	1393
from a licensed manufacturer of fireworks or licensed wholesaler	1394
of fireworks, and only in accordance with the procedures specified	1395
in this section and section 3743.55 of the Revised Code.	1396

(B)(1) A licensed exhibitor of fireworks who wishes to	1397
conduct a public fireworks exhibition shall apply for approval to	1398
conduct the exhibition to whichever of the following persons is	1399
appropriate under the circumstances:	1400

(a) Unless division (B)(1)(c) or (d) of this section applies,	1401
if the exhibition will take place in a municipal corporation, the	1402
approval shall be obtained from the fire chief, and from the	1403
police chief or other similar chief law enforcement officer, or	1404
the designee of the police chief or similar chief law enforcement	1405
officer, of the particular municipal corporation.	1406

(b) Unless division (B)(1)(c) or (d) of this section applies,	1407
if the exhibition will take place in an unincorporated area, the	1408
approval shall be obtained from the fire chief of the particular	1409
township or township fire district, and from the police chief or	1410
other similar chief law enforcement officer, or the designee of	1411
the police chief or similar chief law enforcement officer, of the	1412
particular township or township police district.	1413

(c) If fire protection services for the premises on which the	1414
exhibition will take place are provided in accordance with a	1415
contract between political subdivisions, the approval shall be	1416
obtained from the fire chief of the political subdivision	1417
providing the fire protection services and from the police chief	1418
or other similar chief law enforcement officer, or the designee of	1419
the police chief or similar chief law enforcement officer, of the	1420
political subdivision in which the premises on which the	1421
exhibition will take place are located. If police services for the	1422
premises on which the exhibition will take place are provided in	1423
accordance with a contract between political subdivisions, the	1424
approval shall be obtained from the police chief or other similar	1425
chief law enforcement officer, or the designee of the police chief	1426
or similar chief law enforcement officer, of the political	1427
subdivision providing the police services and from the fire chief	1428
of the political subdivision in which the premises on which the	1429
exhibition will take place are located. If both fire and police	1430
protection services for the premises on which the exhibition will	1431
take place are provided in accordance with a contract between	1432
political subdivisions, the approval shall be obtained from the	1433
fire chief, and from the police chief or other similar chief law	1434
enforcement officer, or the designee of the police chief or	1435
similar chief law enforcement officer, of the political	1436
subdivisions providing the police and fire protection services.	1437

(d) If there is no municipal corporation, township, or	1438
township fire district fire department, no municipal corporation,	1439
township, or township police district police department, and no	1440
contract for police or fire protection services between political	1441
subdivisions covering the premises on which the exhibition will	1442
take place, the approval shall be obtained from the fire	1443
prevention officer, and from the police chief or other similar	1444
chief law enforcement officer, or the designee of the police chief	1445
or other similar chief law enforcement officer, having	1446
jurisdiction over the premises.	1447

(2) The approval required by division (B)(1) of this section	1448
shall be evidenced by the fire chief or fire prevention officer	1449
and by the police chief or other similar chief law enforcement	1450
officer, or the designee of the police chief or other similar	1451
chief law enforcement officer, signing a permit for the	1452
exhibition. The fire marshal shall prescribe the form of	1453
exhibition permits and distribute copies of the form to fire	1454
chiefs, to fire prevention officers, and to police chiefs or other	1455
similar chief law enforcement officers of municipal corporations,	1456
townships, or township police districts, or their designees, in	1457
this state. Any exhibitor of fireworks who wishes to conduct a	1458
public fireworks exhibition may obtain a copy of the form from the	1459
fire marshal or, if it is available, from a fire chief, a fire	1460
prevention officer, a police chief or other similar chief law	1461
enforcement officer of a municipal corporation, township, or	1462
township police district, or a designee of such a police chief or	1463
other similar chief law enforcement officer.	1464

(C) Before a permit is signed and issued to a licensed	1465
exhibitor of fireworks, the fire chief or fire prevention officer,	1466
in consultation with the police chief or other similar chief law	1467
enforcement officer or with the designee of the police chief or	1468
other similar chief law enforcement officer, shall inspect the	1469
premises on which the exhibition will take place and shall	1470
determine that, in fact, the applicant for the permit is a	1471
licensed exhibitor of fireworks. Each applicant shall show the	1472
applicant's license as an exhibitor of fireworks to the fire chief	1473
or fire prevention officer.	1474

The fire chief or fire prevention officer, and the police	1475
chief or other similar chief law enforcement officer, or the	1476
designee of the police chief or other similar chief law	1477
enforcement officer, shall give approval to conduct a public	1478
fireworks exhibition only if satisfied, based on the inspection,	1479
that the premises on which the exhibition will be conducted allow	1480
the exhibitor to comply with the rules adopted by the fire marshal	1481
pursuant to divisions (B) and (E) of section 3743.53 of the	1482
Revised Code and that the applicant is, in fact, a licensed	1483
exhibitor of fireworks. The fire chief or fire prevention officer,	1484
in consultation with the police chief or other similar chief law	1485
enforcement officer or with the designee of the police chief or	1486
other similar chief law enforcement officer, may inspect the	1487
premises immediately prior to the exhibition to determine if the	1488
exhibitor has complied with the rules, and may revoke a permit for	1489
noncompliance with the rules.	1490

(D) If the legislative authorities of their political	1491
subdivisions have prescribed a fee for the issuance of a permit	1492
for a public fireworks exhibition, fire chiefs or fire prevention	1493
officers, and police chiefs, other similar chief law enforcement	1494
officers, or their designee, shall not issue a permit until the	1495
exhibitor pays the requisite fee.	1496

Each exhibitor shall provide an indemnity bond in the amount	1497
of at least one million dollars, with surety satisfactory to the	1498
fire chief or fire prevention officer and to the police chief or	1499
other similar chief law enforcement officer, or the designee of	1500
the police chief or other similar chief law enforcement officer,	1501
conditioned for the payment of all final judgments that may be	1502
rendered against the exhibitor on account of injury, death, or	1503
loss to persons or property emanating from the fireworks	1504
exhibition, or proof of insurance coverage of at least one million	1505
dollars for liability arising from injury, death, or loss to	1506
persons or property emanating from the fireworks exhibition. The	1507
legislative authority of a political subdivision in which a public	1508
fireworks exhibition will take place may require the exhibitor to	1509
provide an indemnity bond or proof of insurance coverage in	1510
amounts greater than those required by this division. Fire chiefs	1511
or fire prevention officers, and police chiefs, other similar	1512
chief law enforcement officers, or their designee, shall not issue	1513
a permit until the exhibitor provides the bond or proof of the	1514
insurance coverage required by this division or by the political	1515
subdivision in which the fireworks exhibition will take place.	1516

(E)(1) Each permit for a fireworks exhibition issued by a	1517
fire chief or fire prevention officer, and by the police chief or	1518
other similar chief law enforcement officer, or the designee of	1519
the police chief or other similar chief law enforcement officer,	1520
shall contain a distinct number, designate the municipal	1521
corporation, township, or township fire or police district of the	1522
fire chief, fire prevention officer, police chief or other similar	1523
chief law enforcement officer, or designee of the police chief or	1524
other similar chief law enforcement officer, and identify the	1525
certified fire safety inspector, fire chief, or fire prevention	1526
officer who will be present before, during, and after the	1527
exhibition, where appropriate. A copy of each permit issued shall	1528
be forwarded by the fire chief or fire prevention officer, and by	1529
the police chief or other similar chief law enforcement officer,	1530
or the designee of the police chief or other similar chief law	1531
enforcement officer, issuing it to the fire marshal, who shall	1532
keep a record of the permits received. A permit is not	1533
transferable or assignable.	1534

(2) Each fire chief, fire prevention officer, police chief or	1535
other similar chief law enforcement officer, and designee of a	1536
police chief or other similar chief law enforcement officer shall	1537
keep a record of issued permits for fireworks exhibitions. In this	1538
list, the fire chief, fire prevention officer, police chief or	1539
other similar chief law enforcement officer, and designee of a	1540
police chief or other similar chief law enforcement officer shall	1541
list the name of the exhibitor, the exhibitor's license number,	1542
the premises on which the exhibition will be conducted, the date	1543
and time of the exhibition, and the number and political	1544
subdivision designation of the permit issued to the exhibitor for	1545
the exhibition.	1546

(F) The governing authority having jurisdiction in the	1547
location where an exhibition is to take place shall require that a	1548
certified fire safety inspector, fire chief, or fire prevention	1549
officer be present before, during, and after the exhibition, and	1550
shall require the certified fire safety inspector, fire chief, or	1551
fire prevention officer to inspect the premises where the	1552
exhibition is to take place and determine whether the exhibition	1553
is in compliance with this chapter.	1554

(G) Notwithstanding any provision of the Revised Code to the	1555
contrary, the state fire marshal is hereby authorized to create	1556
additional license categories for fireworks exhibitors and to	1557
create additional permit requirements for fireworks exhibitions	1558
for the indoor use of fireworks and other uses of pyrotechnics,	1559
including the use of pyrotechnic materials that do not meet the	1560
definition of fireworks as described in section 3743.01 of the	1561
Revised Code. Such licenses and permits and the fees for such	1562
licenses and permits shall be described in rules adopted by the	1563
fire marshal under Chapter 119. of the Revised Code. Such rules	1564
may provide for different standards for exhibitor licensure and	1565
the permitting and conducting of a fireworks exhibition than the	1566
requirements of this chapter.	1567

Prior to the state fire marshal's adoption of the rules	1568
described in this division, the director of commerce shall appoint	1569
a committee consisting of the state fire marshal or the marshal's	1570
designee, three representatives of the fireworks industry, and	1571
three representatives of the fire service to assist the state fire	1572
marshal in adopting these rules. Unless an extension is granted by	1573
the director of commerce, the state fire marshal shall adopt	1574
initial rules under this section not later than July 1, 2010.	1575

Sec. 3746.04.  Within one year after September 28, 1994, the	1576
director of environmental protection, in accordance with Chapter	1577
119. of the Revised Code and with the advice of the	1578
multidisciplinary council appointed under section 3746.03 of the	1579
Revised Code, shall adopt, and subsequently may amend, suspend, or	1580
rescind, rules that do both of the following:	1581

(A) Revise the rules adopted under Chapters 3704., 3714.,	1582
3734., 6109., and 6111. of the Revised Code to incorporate the	1583
provisions necessary to conform those rules to the requirements of	1584
this chapter. The amended rules adopted under this division also	1585
shall establish response times for all submittals to the	1586
environmental protection agency required under this chapter or	1587
rules adopted under it.	1588

(B) Establish requirements and procedures that are reasonably	1589
necessary for the implementation and administration of this	1590
chapter, including, without limitation, all of the following:	1591

(1) Appropriate generic numerical clean-up standards for the	1592
treatment or removal of soils, sediments, and water media for	1593
hazardous substances and petroleum. The rules shall establish	1594
separate generic numerical clean-up standards based upon the	1595
intended use of properties after the completion of voluntary	1596
actions, including industrial, commercial, and residential uses	1597
and such other categories of land use as the director considers to	1598
be appropriate. The generic numerical clean-up standards	1599
established for each category of land use shall be the	1600
concentration of each contaminant that may be present on a	1601
property that shall ensure protection of public health and safety	1602
and the environment for the reasonable exposure for that category	1603
of land use. When developing the standards, the director shall	1604
consider such factors as all of the following:	1605

(a) Scientific information, including, without limitation,	1606
toxicological information and realistic assumptions regarding	1607
human and environmental exposure to hazardous substances or	1608
petroleum;	1609

(b) Climatic factors;

1610

(c) Human activity patterns;

1611

(d) Current statistical techniques;

1612

(e) For petroleum at industrial property, alternatives to the	1613
use of total petroleum hydrocarbons.	1614

The generic numerical clean-up standards established in the	1615
rules adopted under division (B)(1) of this section shall be	1616
consistent with and equivalent in scope, content, and coverage to	1617
any applicable standard established by federal environmental laws	1618
and regulations adopted under them, including, without limitation,	1619
the "Federal Water Pollution Control Act Amendments of 1972," 86	1620
Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource	1621
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	1622
6921, as amended; the "Toxic Substances Control Act," 90 Stat.	1623
2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive	1624
Environmental Response, Compensation, and Liability Act of 1980,"	1625
94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe	1626
Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as	1627
amended.	1628

In order for the rules adopted under division (B)(1) of this	1629
section to require that any such federal environmental standard	1630
apply to a property, the property shall meet the requirements of	1631
the particular federal statute or regulation involved in the	1632
manner specified by the statute or regulation.	1633

The generic numerical clean-up standards for petroleum at	1634
commercial or residential property shall be the standards	1635
established in rules adopted under division (B) of section	1636
3737.882 of the Revised Code.	1637

(2)(a) Procedures for performing property-specific risk	1638
assessments that would be performed at a property to demonstrate	1639
that the remedy evaluated in a risk assessment results in	1640
protection of public health and safety and the environment instead	1641
of complying with the generic numerical clean-up standards	1642
established in the rules adopted under division (B)(1) of this	1643
section. The risk assessment procedures shall describe a	1644
methodology to establish, on a property-specific basis, allowable	1645
levels of contamination to remain at a property to ensure	1646
protection of public health and safety and the environment on the	1647
property and off the property when the contamination is emanating	1648
off the property, taking into account all of the following:	1649

(i) The implementation of treatment, storage, or disposal, or	1650
a combination thereof, of hazardous substances or petroleum;	1651

(ii) The existence of institutional controls or activity and	1652
use limitations that eliminate or mitigate exposure to hazardous	1653
substances or petroleum through the restriction of access to	1654
hazardous substances or petroleum;	1655

(iii) The existence of engineering controls that eliminate or	1656
mitigate exposure to hazardous substances or petroleum through	1657
containment of, control of, or restrictions of access to hazardous	1658
substances or petroleum, including, without limitation, fences,	1659
cap systems, cover systems, and landscaping.	1660

(b) The risk assessment procedures and levels of acceptable	1661
risk set forth in the rules adopted under division (B)(2) of this	1662
section shall be based upon all of the following:	1663

(i) Scientific information, including, without limitation,	1664
toxicological information and actual or proposed human and	1665
environmental exposure;	1666

(ii) Locational and climatic factors;

1667

(iii) Surrounding land use and human activities;

1668

(iv) Differing levels of remediation that may be required	1669
when an existing land use is continued compared to when a	1670
different land use follows the remediation.	1671

(c) Any standards established pursuant to rules adopted under	1672
division (B)(2) of this section shall be no more stringent than	1673
standards established under the environmental statutes of this	1674
state and rules adopted under them for the same contaminant in the	1675
same environmental medium that are in effect at the time the risk	1676
assessment is conducted.	1677

(3) Minimum standards for phase I property assessments. The	1678
standards shall specify the information needed to demonstrate that	1679
there is no reason to believe that contamination exists on a	1680
property. The rules adopted under division (B)(3) of this section,	1681
at a minimum, shall require that a phase I property assessment	1682
include all of the following:	1683

(a) A review and analysis of deeds, mortgages, easements of	1684
record, and similar documents relating to the chain of title to	1685
the property that are publicly available or that are known to and	1686
reasonably available to the owner or operator;	1687

(b) A review and analysis of any previous environmental	1688
assessments, property assessments, environmental studies, or	1689
geologic studies of the property and any land within two thousand	1690
feet of the boundaries of the property that are publicly available	1691
or that are known to and reasonably available to the owner or	1692
operator;	1693

(c) A review of current and past environmental compliance	1694
histories of persons who owned or operated the property;	1695

(d) A review of aerial photographs of the property that	1696
indicate prior uses of the property;	1697

(e) Interviews with managers of activities conducted at the	1698
property who have knowledge of environmental conditions at the	1699
property;	1700

(f) Conducting an inspection of the property consisting of a	1701
walkover;	1702

(g) Identifying the current and past uses of the property,	1703
adjoining tracts of land, and the area surrounding the property,	1704
including, without limitation, interviews with persons who reside	1705
or have resided, or who are or were employed, within the area	1706
surrounding the property regarding the current and past uses of	1707
the property and adjacent tracts of land.	1708

The rules adopted under division (B)(3) of this section shall	1709
establish criteria to determine when a phase II property	1710
assessment shall be conducted when a phase I property assessment	1711
reveals facts that establish a reason to believe that hazardous	1712
substances or petroleum have been treated, stored, managed, or	1713
disposed of on the property if the person undertaking the phase I	1714
property assessment wishes to obtain a covenant not to sue under	1715
section 3746.12 of the Revised Code.	1716

(4) Minimum standards for phase II property assessments. The	1717
standards shall specify the information needed to demonstrate that	1718
any contamination present at the property does not exceed	1719
applicable standards or that the remedial activities conducted at	1720
the property have achieved compliance with applicable standards.	1721
The rules adopted under division (B)(4) of this section, at a	1722
minimum, shall require that a phase II property assessment include	1723
all of the following:	1724

(a) A review and analysis of all documentation prepared in	1725
connection with a phase I property assessment conducted within the	1726
one hundred eighty days before the phase II property assessment	1727
begins. The rules adopted under division (B)(4)(a) of this section	1728
shall require that if a period of more than one hundred eighty	1729
days has passed between the time that the phase I assessment of	1730
the property was completed and the phase II assessment begins, the	1731
phase II assessment shall include a reasonable inquiry into the	1732
change in the environmental condition of the property during the	1733
intervening period.	1734

(b) Quality assurance objectives for measurements taken in	1735
connection with a phase II assessment;	1736

(c) Sampling procedures to ensure the representative sampling	1737
of potentially contaminated environmental media;	1738

(d) Quality assurance and quality control requirements for	1739
samples collected in connection with phase II assessments;	1740

(e) Analytical and data assessment procedures;

1741

(f) Data objectives to ensure that samples collected in	1742
connection with phase II assessments are biased toward areas where	1743
information indicates that contamination by hazardous substances	1744
or petroleum is likely to exist.	1745

(5) Standards governing the conduct of certified	1746
professionals, criteria and procedures for the certification of	1747
professionals to issue no further action letters under section	1748
3746.11 of the Revised Code, and criteria for the suspension and	1749
revocation of those certifications. The director shall take an	1750
action regarding a certification as a final action. The issuance,	1751
denial, renewal, suspension, and revocation of those	1752
certifications are subject to Chapter 3745. of the Revised Code,	1753
except that, in lieu of publishing an action regarding a	1754
certification in a newspaper of general circulation as required in	1755
section 3745.07 of the Revised Code, such an action shall be	1756
published on the environmental protection agency's web site and in	1757
the agency's weekly review not later than fifteen days after the	1758
date of the issuance, denial, renewal, suspension, or revocation	1759
of the certification and not later than thirty days before a	1760
hearing or public meeting concerning the action.	1761

The rules adopted under division (B)(5) of this section shall	1762
do all of the following:	1763

(a) Provide for the certification of environmental	1764
professionals to issue no further action letters pertaining to	1765
investigations and remedies in accordance with the criteria and	1766
procedures set forth in the rules. The rules adopted under	1767
division (B)(5)(a) of this section shall do at least all of the	1768
following:	1769

(i) Authorize the director to consider such factors as an	1770
environmental professional's previous performance record regarding	1771
such investigations and remedies and the environmental	1772
professional's environmental compliance history when determining	1773
whether to certify the environmental professional;	1774

(ii) Ensure that an application for certification is reviewed	1775
in a timely manner;	1776

(iii) Require the director to certify any environmental	1777
professional who the director determines complies with those	1778
criteria;	1779

(iv) Require the director to deny certification for any	1780
environmental professional who does not comply with those	1781
criteria.	1782

(b) Establish an annual fee to be paid by environmental	1783
professionals certified pursuant to the rules adopted under	1784
division (B)(5)(a) of this section. The fee shall be established	1785
at an amount calculated to defray the costs to the agency for the	1786
required reviews of the qualifications of environmental	1787
professionals for certification and for the issuance of the	1788
certifications.	1789

(c) Develop a schedule for and establish requirements	1790
governing the review by the director of the credentials of	1791
environmental professionals who were deemed to be certified	1792
professionals under division (D) of section 3746.07 of the Revised	1793
Code in order to determine if they comply with the criteria	1794
established in rules adopted under division (B)(5) of this	1795
section. The rules adopted under division (B)(5)(c) of this	1796
section shall do at least all of the following:	1797

(i) Ensure that the review is conducted in a timely fashion;

1798

(ii) Require the director to certify any such environmental	1799
professional who the director determines complies with those	1800
criteria;	1801

(iii) Require any such environmental professional initially	1802
to pay the fee established in the rules adopted under division	1803
(B)(5)(b) of this section at the time that the environmental	1804
professional is so certified by the director;	1805

(iv) Establish a time period within which any such	1806
environmental professional who does not comply with those criteria	1807
may obtain the credentials that are necessary for certification;	1808

(v) Require the director to deny certification for any such	1809
environmental professional who does not comply with those criteria	1810
and who fails to obtain the necessary credentials within the	1811
established time period.	1812

(d) Require that any information submitted to the director	1813
for the purposes of the rules adopted under division (B)(5)(a) or	1814
(c) of this section comply with division (A) of section 3746.20 of	1815
the Revised Code;	1816

(e) Authorize the director to suspend or revoke the	1817
certification of an environmental professional if the director	1818
finds that the environmental professional's performance has	1819
resulted in the issuance of no further action letters under	1820
section 3746.11 of the Revised Code that are not consistent with	1821
applicable standards or finds that the certified environmental	1822
professional has not substantially complied with section 3746.31	1823
of the Revised Code;	1824

(f) Authorize the director to suspend for a period of not	1825
more than five years or to permanently revoke a certified	1826
environmental professional's certification for any violation of or	1827
failure to comply with an ethical standard established in rules	1828
adopted under division (B)(5) of this section;	1829

(g) Require the director to revoke the certification of an	1830
environmental professional if the director finds that the	1831
environmental professional falsified any information on the	1832
environmental professional's application for certification	1833
regarding the environmental professional's credentials or	1834
qualifications or any other information generated for the purposes	1835
of or use under this chapter or rules adopted under it;	1836

(h) Require the director permanently to revoke the	1837
certification of an environmental professional who has violated or	1838
is violating division (A) of section 3746.18 of the Revised Code;	1839

(i) Preclude the director from revoking the certification of	1840
an environmental professional who only conducts investigations and	1841
remedies at property contaminated solely with petroleum unless the	1842
director first consults with the director of commerce.	1843

(6) Criteria and procedures for the certification of	1844
laboratories to perform analyses under this chapter and rules	1845
adopted under it. The issuance, denial, suspension, and revocation	1846
of those certifications are subject to Chapter 3745. of the	1847
Revised Code, and the director of environmental protection shall	1848
take any such action regarding a certification as a final action.	1849

The rules adopted under division (B)(6) of this section shall	1850
do all of the following:	1851

(a) Provide for the certification to perform analyses of	1852
laboratories in accordance with the criteria and procedures	1853
established in the rules adopted under division (B)(6)(a) of this	1854
section and establish an annual fee to be paid by those	1855
laboratories. The fee shall be established at an amount calculated	1856
to defray the costs to the agency for the review of the	1857
qualifications of those laboratories for certification and for the	1858
issuance of the certifications. The rules adopted under division	1859
(B)(6)(a) of this section may provide for the certification of	1860
those laboratories to perform only particular types or categories	1861
of analyses, specific test parameters or group of test parameters,	1862
or a specific matrix or matrices under this chapter.	1863

(b) Develop a schedule for and establish requirements	1864
governing the review by the director of the operations of	1865
laboratories that were deemed to be certified laboratories under	1866
division (E) of section 3746.07 of the Revised Code in order to	1867
determine if they comply with the criteria established in rules	1868
adopted under division (B)(6) of this section. The rules adopted	1869
under division (B)(6)(b) of this section shall do at least all of	1870
the following:	1871

(i) Ensure that the review is conducted in a timely fashion;

1872

(ii) Require the director to certify any such laboratory that	1873
the director determines complies with those criteria;	1874

(iii) Require any such laboratory initially to pay the fee	1875
established in the rules adopted under division (B)(6)(a) of this	1876
section at the time that the laboratory is so certified by the	1877
director;	1878

(iv) Establish a time period within which any such laboratory	1879
that does not comply with those criteria may make changes in its	1880
operations necessary for the performance of analyses under this	1881
chapter and rules adopted under it in order to be certified by the	1882
director;	1883

(v) Require the director to deny certification for any such	1884
laboratory that does not comply with those criteria and that fails	1885
to make the necessary changes in its operations within the	1886
established time period.	1887

(c) Require that any information submitted to the director	1888
for the purposes of the rules adopted under division (B)(6)(a) or	1889
(b) of this section comply with division (A) of section 3746.20 of	1890
the Revised Code;	1891

(d) Authorize the director to suspend or revoke the	1892
certification of a laboratory if the director finds that the	1893
laboratory's performance has resulted in the issuance of no	1894
further action letters under section 3746.11 of the Revised Code	1895
that are not consistent with applicable standards;	1896

(e) Authorize the director to suspend or revoke the	1897
certification of a laboratory if the director finds that the	1898
laboratory falsified any information on its application for	1899
certification regarding its credentials or qualifications;	1900

(f) Require the director permanently to revoke the	1901
certification of a laboratory that has violated or is violating	1902
division (A) of section 3746.18 of the Revised Code.	1903

(7) Information to be included in a no further action letter	1904
prepared under section 3746.11 of the Revised Code, including,	1905
without limitation, all of the following:	1906

(a) A summary of the information required to be submitted to	1907
the certified environmental professional preparing the no further	1908
action letter under division (C) of section 3746.10 of the Revised	1909
Code;	1910

(b) Notification that a risk assessment was performed in	1911
accordance with rules adopted under division (B)(2) of this	1912
section if such an assessment was used in lieu of generic	1913
numerical clean-up standards established in rules adopted under	1914
division (B)(1) of this section;	1915

(c) The contaminants addressed at the property, if any, their	1916
source, if known, and their levels prior to remediation;	1917

(d) The identity of any other person who performed work to	1918
support the request for the no further action letter as provided	1919
in division (B)(2) of section 3746.10 of the Revised Code and the	1920
nature and scope of the work performed by that person;	1921

(e) A list of the data, information, records, and documents	1922
relied upon by the certified environmental professional in	1923
preparing the no further action letter.	1924

(8) Methods for determining fees to be paid for the following	1925
services provided by the agency under this chapter and rules	1926
adopted under it:	1927

(a) Site- or property-specific technical assistance in	1928
developing or implementing plans in connection with a voluntary	1929
action;	1930

(b) Reviewing applications for and issuing consolidated	1931
standards permits under section 3746.15 of the Revised Code and	1932
monitoring compliance with those permits;	1933

(c) Negotiating, preparing, and entering into agreements	1934
necessary for the implementation and administration of this	1935
chapter and rules adopted under it;	1936

(d) Reviewing no further action letters, issuing covenants	1937
not to sue, and monitoring compliance with any terms and	1938
conditions of those covenants and with operation and maintenance	1939
agreements entered into pursuant to those covenants, including,	1940
without limitation, conducting audits of properties where	1941
voluntary actions are being or were conducted under this chapter	1942
and rules adopted under it.	1943

The fees established pursuant to the rules adopted under	1944
division (B)(8) of this section shall be at a level sufficient to	1945
defray the direct and indirect costs incurred by the agency for	1946
the administration and enforcement of this chapter and rules	1947
adopted under it other than the provisions regarding the	1948
certification of professionals and laboratories.	1949

(9) Criteria for selecting the no further action letters	1950
issued under section 3746.11 of the Revised Code that will be	1951
audited under section 3746.17 of the Revised Code, and the scope	1952
and procedures for conducting those audits. The rules adopted	1953
under division (B)(9) of this section, at a minimum, shall require	1954
the director to establish priorities for auditing no further	1955
action letters to which any of the following applies:	1956

(a) The letter was prepared by an environmental professional	1957
who was deemed to be a certified professional under division (D)	1958
of section 3746.07 of the Revised Code, but who does not comply	1959
with the criteria established in rules adopted under division	1960
(B)(5) of this section as determined pursuant to rules adopted	1961
under division (B)(5)(d) of this section;	1962

(b) The letter was submitted fraudulently;

1963

(c) The letter was prepared by a certified environmental	1964
professional whose certification subsequently was revoked in	1965
accordance with rules adopted under division (B)(5) of this	1966
section, or analyses were performed for the purposes of the no	1967
further action letter by a certified laboratory whose	1968
certification subsequently was revoked in accordance with rules	1969
adopted under division (B)(6) of this section;	1970

(d) A covenant not to sue that was issued pursuant to the	1971
letter was revoked under this chapter;	1972

(e) The letter was for a voluntary action that was conducted	1973
pursuant to a risk assessment in accordance with rules adopted	1974
under division (B)(2) of this section;	1975

(f) The letter was for a voluntary action that included as	1976
remedial activities engineering controls or institutional controls	1977
or activity and use limitations authorized under section 3746.05	1978
of the Revised Code.	1979

The rules adopted under division (B)(9) of this section shall	1980
provide for random audits of no further action letters to which	1981
the rules adopted under divisions (B)(9)(a) to (f) of this section	1982
do not apply.	1983

(10) A classification system to characterize ground water	1984
according to its capability to be used for human use and its	1985
impact on the environment and a methodology that shall be used to	1986
determine when ground water that has become contaminated from	1987
sources on a property for which a covenant not to sue is requested	1988
under section 3746.11 of the Revised Code shall be remediated to	1989
the standards established in the rules adopted under division	1990
(B)(1) or (2) of this section.	1991

(a) In adopting rules under division (B)(10) of this section	1992
to characterize ground water according to its capability for human	1993
use, the director shall consider all of the following:	1994

(i) The presence of legally enforceable, reliable	1995
restrictions on the use of ground water, including, without	1996
limitation, local rules or ordinances;	1997

(ii) The presence of regional commingled contamination from	1998
multiple sources that diminishes the quality of ground water;	1999

(iii) The natural quality of ground water;

2000

(iv) Regional availability of ground water and reasonable	2001
alternative sources of drinking water;	2002

(v) The productivity of the aquifer;

2003

(vi) The presence of restrictions on the use of ground water	2004
implemented under this chapter and rules adopted under it;	2005

(vii) The existing use of ground water.

2006

(b) In adopting rules under division (B)(10) of this section	2007
to characterize ground water according to its impacts on the	2008
environment, the director shall consider both of the following:	2009

(i) The risks posed to humans, fauna, surface water,	2010
sediments, soil, air, and other resources by the continuing	2011
presence of contaminated ground water;	2012

(ii) The availability and feasibility of technology to remedy	2013
ground water contamination.	2014

(11) Governing the application for and issuance of variances	2015
under section 3746.09 of the Revised Code;	2016

(12)(a) In the case of voluntary actions involving	2017
contaminated ground water, specifying the circumstances under	2018
which the generic numerical clean-up standards established in	2019
rules adopted under division (B)(1) of this section and standards	2020
established through a risk assessment conducted pursuant to rules	2021
adopted under division (B)(2) of this section shall be	2022
inapplicable to the remediation of contaminated ground water and	2023
under which the standards for remediating contaminated ground	2024
water shall be established on a case-by-case basis prior to the	2025
commencement of the voluntary action pursuant to rules adopted	2026
under division (B)(12)(b) of this section;	2027

(b) Criteria and procedures for the case-by-case	2028
establishment of standards for the remediation of contaminated	2029
ground water under circumstances in which the use of the generic	2030
numerical clean-up standards and standards established through a	2031
risk assessment are precluded by the rules adopted under division	2032
(B)(12)(a) of this section. The rules governing the procedures for	2033
the case-by-case development of standards for the remediation of	2034
contaminated ground water shall establish application, public	2035
participation, adjudication, and appeals requirements and	2036
procedures that are equivalent to the requirements and procedures	2037
established in section 3746.09 of the Revised Code and rules	2038
adopted under division (B)(11) of this section, except that the	2039
procedural rules shall not require an applicant to make the	2040
demonstrations set forth in divisions (A)(1) to (3) of section	2041
3746.09 of the Revised Code.	2042

(13) A definition of the evidence that constitutes sufficient	2043
evidence for the purpose of division (A)(5) of section 3746.02 of	2044
the Revised Code.	2045

At least thirty days before filing the proposed rules	2046
required to be adopted under this section with the secretary of	2047
state, director of the legislative service commission, and joint	2048
committee on agency rule review in accordance with divisions (B)	2049
and (H) of section 119.03 of the Revised Code, the director of	2050
environmental protection shall hold at least one public meeting on	2051
the proposed rules in each of the five districts into which the	2052
agency has divided the state for administrative purposes.	2053

Sec. 4169.02.  (A) For the purposes of regulatingThe	2054
division of labor in the department of commerce shall regulate the	2055
construction, maintenance, mechanical operation, and inspection of	2056
passenger tramways that are associated with ski areas and of	2057
registeringshall register operators of passenger tramways in this	2058
state, there is hereby established in the division of labor in the	2059
department of commerce a ski tramway board to be appointed by the	2060
governor, with the advice and consent of the senate. The board	2061
shall consist of three members, one of whom shall be a public	2062
member who is an experienced skier and familiar with ski areas in	2063
this state, one of whom shall be a ski area operator actively	2064
engaged in the business of recreational skiing in this state, and	2065
one of whom shall be a professional engineer who is knowledgeable	2066
in the design or operation of passenger tramways.	2067

Of the initial appointments, one member shall be appointed	2068
for a term of one year, one for a term of two years, and one for a	2069
term of three years. The member appointed to the term beginning on	2070
July 1, 1996, shall be appointed to a term ending on June 30,	2071
1997; the member appointed to a term beginning on July 1, 1997,	2072
shall be appointed to a term ending on June 30, 1999; and the	2073
member appointed to a term beginning on July 1, 1998, shall be	2074
appointed to a term ending on June 30, 2001. Thereafter, each of	2075
the members shall be appointed for a term of six years. Each	2076
member shall hold office from the date of appointment until the	2077
end of the term for which the member was appointed. In the event	2078
of a vacancy, the governor, with the advice and consent of the	2079
senate, shall appoint a successor who shall hold office for the	2080
remainder of the term for which the successor's predecessor was	2081
appointed. A member shall continue in office subsequent to the	2082
expiration date of the member's term until the member's successor	2083
takes office or until a period of sixty days has elapsed,	2084
whichever occurs first. The board shall elect a chairperson from	2085
its members.	2086

The governor may remove any member of the board at any time	2087
for misfeasance, nonfeasance, or malfeasance in office after	2088
giving the member a copy of the charges against the member and an	2089
opportunity to be heard publicly in person or by counsel in the	2090
member's defense. Any such act of removal by the governor is	2091
final. A statement of the findings of the governor, the reason for	2092
the governor's action, and the answer, if any, of the member shall	2093
be filed by the governor with the secretary of state and shall be	2094
open to public inspection.	2095

Members of the board shall be paid two hundred fifty dollars	2096
for each meeting that the member attends, except that no member	2097
shall be paid or receive more than seven hundred fifty dollars for	2098
attending meetings during any calendar year. Each member shall be	2099
reimbursed for the member's actual and necessary expenses incurred	2100
in the performance of official board duties. The chairperson shall	2101
be paid two hundred fifty dollars annually in addition to any	2102
compensation the chairperson receives under this division for	2103
attending meetings and any other compensation the chairperson	2104
receives for serving on the board.	2105

The division shall provide the board with such offices and	2106
such clerical, professional, and other assistance as may be	2107
reasonably necessary for the board to carry on its work. The	2108
division shall maintain accurate copies of the board's rules as	2109
promulgated in accordance with division (B) of this section and	2110
shall keep all of the board's records, including business records,	2111
and inspection reports as well as its own records and reports. The	2112
cost of administering the board and conducting inspections shall	2113
be included in the budget of the division based on revenues	2114
generated by the registration fees established under section	2115
4169.03 of the Revised Code.	2116

(B) In accordance with Chapter 119. of the Revised Code, the	2117
boarddivision shall adopt and may amend or rescind rules relating	2118
to public safety in the construction, maintenance, mechanical	2119
operation, and inspection of passenger tramways. The rules shall	2120
be in accordance with established standards in the business of ski	2121
area operation, if any, and shall not discriminate in their	2122
application to ski area operators.	2123

No person shall violate the rules of the boarddivision.

2124

(C) The authority of the boarddivision shall not extend to	2125
any matter relative to the operation of a ski area other than the	2126
construction, maintenance, mechanical operation, and inspection of	2127
passenger tramways.	2128

(D) A majority of the board constitutes a quorum and may	2129
perform and exercise all the duties and powers devolving upon the	2130
board.	2131

Sec. 4169.03.  (A) Before a passenger tramway operator may	2132
operate any passenger tramway in the state, the operator shall	2133
apply to the ski tramway boarddivision of labor in the department	2134
of commerce, on forms prepared by it, for registration by the	2135
boarddivision. The application shall contain an inventory of the	2136
passenger tramways that the applicant intends to operate and other	2137
information as the boarddivision may reasonably require and shall	2138
be accompanied by the following annual fees:	2139

(1) Each aerial passenger tramway, five hundred dollars;

2140

(2) Each skimobile, two hundred dollars;

2141

(3) Each chair lift, two hundred dollars;

2142

(4) Each J bar, T bar, or platter pull, one hundred dollars;

2143

(5) Each rope tow, fifty dollars;

2144

(6) Each wire rope tow, seventy-five dollars;

2145

(7) Each conveyor, one hundred dollars.

2146

When an operator operates an aerial passenger tramway, a	2147
skimobile, or a chair lift during both a winter and summer season,	2148
the annual fee shall be one and one-half the above amount for the	2149
respective passenger tramway.	2150

(B) Upon payment of the appropriate annual fees in accordance	2151
with division (A) of this section, the boarddivision shall issue	2152
a registration certificate to the operator. Each certificate shall	2153
remain in force until the thirtieth day of September next ensuing.	2154
The boarddivision shall renew an operator's certificate in	2155
accordance with the standard renewal procedure in Chapter 4745. of	2156
the Revised Code upon payment of the appropriate annual fees.	2157

(C) Money received from the registration fees and from the	2158
fines collected pursuant to section 4169.99 of the Revised Code	2159
shall be paid into the state treasury to the credit of the labor	2160
operating fund created in section 121.084 of the Revised Code.	2161

(D) No person shall operate a passenger tramway in this state	2162
unless the person has been registered by the boarddivision.	2163

Sec. 4169.04.  (A) The division of labor in the department of	2164
commerce shall make such inspection of the construction,	2165
maintenance, and mechanical operation of passenger tramways as	2166
the ski tramway board may reasonably requirerequired. The	2167
division may contract with other qualified engineers to make such	2168
inspection or may accept the inspection report by any qualified	2169
inspector of an insurance company authorized to insure passenger	2170
tramways in this state.	2171

(B) If, as the result of an inspection, an employee of the	2172
division or other agent with whom the division has contracted	2173
finds that a violation of the board'sdivision's rules exists or a	2174
condition in passenger tramway construction, maintenance, or	2175
mechanical operation exists that endangers public safety, the	2176
employee or agent shall make an immediate report to the board	2177
division for appropriate investigation and order.	2178

Sec. 4169.05.  Any person may make a written complaint to the	2179
ski tramway boarddivision of labor of the department of commerce	2180
setting forth an alleged violation of the board'sdivision's rules	2181
by a registered passenger tramway operator or a condition in	2182
passenger tramway construction, maintenance, or mechanical	2183
operation that allegedly endangers public safety. The board	2184
division shall forward a copy of the complaint to the operator	2185
named in it and may accompany it with an order that requires the	2186
operator to answer the complaint in writing within a specified	2187
period of time. The boarddivision may investigate the complaint	2188
if it determines that there are reasonable grounds for such an	2189
investigation.	2190

Sec. 4169.06.  (A) When facts are presented to any member of	2191
the ski tramway boardthe division of labor in the department of	2192
commerce that indicate that immediate danger exists in the	2193
continued operation of a passenger tramway, any member of the	2194
boarddivision, after such verification of the facts as is	2195
practical under the circumstances and consistent with immediate	2196
public safety, may by an emergency written order require the	2197
operator of the tramway to cease using the tramway immediately for	2198
the transportation of passengers. Any person may serve notice on	2199
the operator or the operator's agent who is in immediate control	2200
of the tramway by delivering a true and attested copy of the	2201
order, and the operator or the operator's agent shall furnish	2202
proof of receipt of such notice by signing an affidavit on the	2203
back of the copy of the order. The emergency order shall be	2204
effective for a period not to exceed forty-eight hours from the	2205
time of notification.	2206

(B) Immediately after the issuance of an emergency order	2207
pursuant to this section, the boarddivision shall investigate the	2208
facts of the case. If the boarddivision finds that a violation of	2209
any of its rules exists or that a condition in passenger tramway	2210
construction, maintenance, or mechanical operation exists that	2211
endangers public safety, it shall issue a written order setting	2212
forth its findings and the corrective action to be taken and	2213
fixing a reasonable time for compliance.	2214

(C) After an investigation pursuant to division (B) of this	2215
section, if the boarddivision determines that danger to public	2216
safety exists in the continued operation of a passenger tramway,	2217
it shall so state in the order, describe in detail the basis for	2218
its findings, and in the order may require the operator not to	2219
operate the tramway until the operator has taken the corrective	2220
action ordered pursuant to this section. If the operator continues	2221
to use the tramway following receipt of such order, the board	2222
division may request the court of common pleas having jurisdiction	2223
in the county where the tramway is located to issue an injunction	2224
forbidding operation of the tramway.	2225

(D) An operator of a passenger tramway may request a hearing	2226
by the boarddivision on any order issued pursuant to this chapter	2227
and may appeal the results of such a hearing in accordance with	2228
Chapter 119. of the Revised Code. An operator may appeal an order	2229
suspending the operation of the operator's tramway without first	2230
requesting a hearing.	2231

(E) If an operator fails to comply with an order of the board	2232
division issued pursuant to this chapter within the specified	2233
time, the boarddivision may suspend the registration certificate	2234
of the operator for such time as it considers necessary to gain	2235
compliance with its order.	2236

No operator shall operate a passenger tramway while the	2237
operator's registration certificate is under suspension by the	2238
boarddivision.	2239

Sec. 5111.708. (A) The director of job and family services,	2240
after consulting with the medicaid buy-in advisory council, shall	2241
adopt rules in accordance with Chapter 119. of the Revised Code as	2242
necessary to implement the medicaid buy-in for workers with	2243
disabilities program. The rules shall do all of the following:	2244

(1) Specify assets, asset values, and amounts to be	2245
disregarded in determining asset and income eligibility limits for	2246
the program;	2247

(2) Establish meanings for the terms "earned income," "health	2248
insurance," "resources," "spouse," and "unearned income";	2249

(3) Establish additional eligibility requirements for the	2250
program that must be established for the United States secretary	2251
of health and human services to approve the program;	2252

(4) For the purpose of division (B) of section 5111.704 of	2253
the Revised Code, specify an amount to be subtracted from the	2254
difference determined under division (A) of that section.	2255

(B) The director, after consulting with the medicaid buy-in	2256
advisory council, may adopt rules in accordance with Chapter 119.	2257
of the Revised Code to specify amounts to be disregarded from an	2258
individual's earned income, unearned income, or both under	2259
division (C) of section 5111.703 of the Revised Code for the	2260
purpose of determining whether the individual is within the income	2261
eligibility limit for the medicaid buy-in for workers with	2262
disabilities program.	2263

Sec. 5123.032. (A) As used in this section, "developmental	2264
center" means any institution or facility of the department of	2265
developmental disabilities that, on or after January 30, 2004, is	2266
named, designated, or referred to as a developmental center.	2267

(B) Notwithstanding any other provision of law, on and after	2268
January 30, 2004, any closure of a developmental center shall be	2269
subject to, and in accordance with, this section. Notwithstanding	2270
any other provision of law, if the governor announced on or after	2271
January 1, 2003, and prior to January 30, 2004, the intended	2272
closure of a developmental center and if the closure identified in	2273
the announcement has not occurred prior to January 30, 2004, the	2274
closure identified in the announcement shall be subject to the	2275
criteria set forth in this section as if the announcement had been	2276
made on or after January 30, 2004, except for the time at which	2277
the notice to the general assembly must be provided as identified	2278
in division (C) of this section.	2279

(C) Notwithstanding any other provision of law, on and after	2280
January 30, 2004, at least ten days prior to making any official,	2281
public announcement that the governor intends to close one or more	2282
developmental centers, the governor shall notify the general	2283
assembly in writing that the governor intends to close one or more	2284
developmental centers. Notwithstanding any other provision of law,	2285
if the governor announced on or after January 1, 2003, and prior	2286
to January 30, 2004, the intended closure of a developmental	2287
center and if the closure identified in the announcement has not	2288
occurred prior to January 30, 2004, not later than ten days after	2289
January 30, 2004, theThe governor shall notify the general	2290
assembly in writing of the prior announcement and that the	2291
governor intends to close the center identified in the prior	2292
announcement, and the notification to the general assembly shall	2293
constitute, for purposes of this section, the governor's official,	2294
public announcement that the governor intends to close that	2295
center.	2296

The notice required by this division shall identify by name	2297
each developmental center that the governor intends to close or,	2298
if the governor has not determined any specific developmental	2299
center to close, shall state the governor's general intent to	2300
close one or more developmental centers. When the governor	2301
notifies the general assembly as required by this division, the	2302
legislative service commission promptly shall conduct an	2303
independent study of the developmental centers of the department	2304
of developmental disabilities and of the department's operation of	2305
the centers, and the study shall address relevant criteria and	2306
factors, including, but not limited to, all of the following:	2307

(1) The manner in which the closure of developmental centers	2308
in general would affect the safety, health, well-being, and	2309
lifestyle of the centers' residents and their family members and	2310
would affect public safety and, if the governor's notice	2311
identifies by name one or more developmental centers that the	2312
governor intends to close, the manner in which the closure of each	2313
center so identified would affect the safety, health, well-being,	2314
and lifestyle of the center's residents and their family members	2315
and would affect public safety;	2316

(2) The availability of alternate facilities;

2317

(3) The cost effectiveness of the facilities identified for	2318
closure;	2319

(4) A comparison of the cost of residing at a facility	2320
identified for closure and the cost of new living arrangements;	2321

(5) The geographic factors associated with each facility and	2322
its proximity to other similar facilities;	2323

(6) The impact of collective bargaining on facility	2324
operations;	2325

(7) The utilization and maximization of resources;

2326

(8) Continuity of the staff and ability to serve the facility	2327
population;	2328

(9) Continuing costs following closure of a facility;

2329

(10) The impact of the closure on the local economy;

2330

(11) Alternatives and opportunities for consolidation with	2331
other facilities;	2332

(12) How the closing of a facility identified for closure	2333
relates to the department's plans for the future of developmental	2334
centers in this state;	2335

(13) The effect of the closure of developmental centers in	2336
general upon the state's fiscal resources and fiscal status and,	2337
if the governor's notice identifies by name one or more	2338
developmental centers that the governor intends to close, the	2339
effect of the closure of each center so identified upon the	2340
state's fiscal resources and fiscal status.	2341

(D) The legislative service commission shall complete the	2342
study required by division (C) of this section, and prepare a	2343
report that contains its findings, not later than sixty days after	2344
the governor makes the official, public announcement that the	2345
governor intends to close one or more developmental centers as	2346
described in division (C) of this section. The commission shall	2347
provide a copy of the report to each member of the general	2348
assembly who requests a copy of the report.	2349

Not later than the date on which the legislative service	2350
commission is required to complete the report under this division,	2351
the developmental disabilities developmental center closure	2352
commission is hereby created as described in division (E) of this	2353
section. The officials with the duties to appoint members of the	2354
closure commission, as described in division (E) of this section,	2355
shall appoint the specified members of the closure commission,	2356
and, as soon as possible after the appointments, the closure	2357
commission shall meet for the purposes described in that division.	2358
Upon completion of the report and the creation of the closure	2359
commission under this division, the legislative service commission	2360
promptly shall provide a copy of the report to the closure	2361
commission and shall present the report as described in division	2362
(E) of this section.	2363

(E)(1) A developmental disabilities developmental center	2364
closure commission shall be created at the time and in the manner	2365
specified in division (D) of this section. The closure commission	2366
consists of six members. One member shall be the director of	2367
developmental disabilities. One member shall be the director of	2368
health. One member shall be a private executive with expertise in	2369
facility utilization, in economics, or in both facility	2370
utilization and economics, jointly appointed by the speaker of the	2371
house of representatives and the president of the senate. The	2372
member appointed for expertise in facility utilization, economics,	2373
or both may not be a member of the general assembly and may not	2374
have a developmental center identified for closure by the governor	2375
in the county in which the member resides. One member shall be a	2376
member of the board of the Ohio civil service employees'	2377
association, jointly appointed by the speaker of the house of	2378
representatives and the president of the senate. One member shall	2379
be either a family member of a resident of a developmental center	2380
or a representative of a mental retardation and developmental	2381
disabilities advocacy group, jointly appointed by the speaker of	2382
the house of representatives and the president of the senate. The	2383
member appointed who is a family member of a developmental center	2384
resident or a representative of an advocacy group may not be a	2385
member of the general assembly. One member shall be a member of	2386
the law enforcement community, appointed by the governor. The	2387
officials with the duties to appoint members of the closure	2388
commission shall make the appointments, and the closure	2389
commission shall meet, within the time periods specified in	2390
division (D) of this section. The members of the closure	2391
commission shall serve without compensation. At the closure	2392
commission's first meeting, the members shall organize and appoint	2393
a chairperson and vice-chairperson.	2394

The closure commission shall meet as often as is necessary	2395
for the purpose of making the recommendations to the governor that	2396
are described in this division. The closure commission's meetings	2397
shall be open to the public, and the closure commission shall	2398
accept public testimony. The legislative service commission shall	2399
appear before the closure commission and present the report the	2400
legislative service commission prepared under division (D) of this	2401
section. The closure commission shall meet for the purpose of	2402
making recommendations to the governor, which recommendations may	2403
include all of the following:	2404

(a) Whether any developmental center should be closed;

2405

(b) If the recommendation described in division (E)(1)(a) of	2406
this section is that one or more developmental centers should be	2407
closed, which center or centers should be closed;	2408

(c) If the governor's notice described in division (C) of	2409
this section identifies by name one or more developmental centers	2410
that the governor intends to close, whether the center or centers	2411
so identified should be closed.	2412

(2) The developmental disabilities developmental center	2413
closure commission, not later than sixty days after it receives	2414
the report of the legislative service commission under division	2415
(D) of this section, shall prepare a report containing its	2416
recommendations to the governor. The closure commission shall send	2417
a copy of the report to the governor and to each member of the	2418
general assembly who requests a copy of the report. Upon receipt	2419
of the closure commission's report, the governor shall review and	2420
consider the commission's recommendation. The governor shall do	2421
one of the following:	2422

(a) Follow the recommendation of the commission;

2423

(b) Close no developmental center;

2424

(c) Take other action that the governor determines is	2425
necessary for the purpose of expenditure reductions or budget cuts	2426
and state the reasons for the action.	2427

The governor's decision is final. Upon the governor's making	2428
of the decision, the closure commission shall cease to exist.	2429
Another closure commission shall be created under this section	2430
each time the governor subsequently makes an official, public	2431
announcement that the governor intends to close one or more	2432
developmental centers.	2433

Sec. 5123.093.  The citizen's advisory councils established	2434
under section 5123.092 of the Revised Code shall:	2435

(A) Transmit verbal or written information from any person or	2436
organization associated with the institution or within the	2437
community, that an advisory council considers important, to the	2438
joint council on developmental disabilities created by section	2439
101.37 of the Revised Code and the director of developmental	2440
disabilities;	2441

(B) Review the records of all applicants to any unclassified	2442
position at the institution, except for resident physician	2443
positions filled under section 5123.11 of the Revised Code;	2444

(C) Review and evaluate institutional employee training and	2445
continuing education programs;	2446

(D) On or before the thirty-first day of January of each	2447
year, submit a written report to the joint council on	2448
developmental disabilities and the director of developmental	2449
disabilities regarding matters affecting the institution	2450
including, but not limited to, allegations of dehumanizing	2451
practices and violations of individual or legal rights;	2452

(E) Review institutional budgets, programs, services, and	2453
planning;	2454

(F) Develop and maintain relationships within the community	2455
with community mental retardation and developmental disabilities	2456
organizations;	2457

(G) Participate in the formulation of the institution's	2458
objectives, administrative procedures, program philosophy, and	2459
long range goals;	2460

(H) Bring any matter that an advisory council considers	2461
important to the attention of the joint council on developmental	2462
disabilities and the director of developmental disabilities;	2463

(I) Recommend to the director of developmental disabilities	2464
persons for appointment to citizen's advisory councils;	2465

(J) Adopt any rules or procedures necessary to carry out this	2466
section.	2467

The chairperson of the advisory council or the chairperson's	2468
designee shall be notified within twenty-four hours of any alleged	2469
incident of abuse to a resident or staff member by anyone.	2470
Incidents of resident or staff abuse shall include, but not be	2471
limited to, sudden deaths, accidents, suicides, attempted	2472
suicides, injury caused by other persons, alleged criminal acts,	2473
errors in prescribing or administering medication, theft from	2474
clients, fires, epidemic disease, administering unprescribed	2475
drugs, unauthorized use of restraint, withholding of information	2476
concerning alleged abuse, neglect, or any deprivation of rights as	2477
defined in Chapter 5122. or 5123. of the Revised Code.	2478

Section 2. That existing sections 101.83, 101.84, 101.85,	2479
101.86, 109.91, 121.32, 173.03, 173.04, 1349.71, 3302.021,	2480
3311.71, 3312.01, 3312.09, 3701.025, 3701.63, 3718.03, 3727.312,	2481
3737.03, 3737.21, 3737.81, 3737.86, 3737.88, 3743.54, 3746.04,	2482
4169.02, 4169.03, 4169.04, 4169.05, 4169.06, 5111.708, 5123.032,	2483
and 5123.093 and sections 101.37, 121.374, 122.98, 122.981,	2484
125.833, 184.23, 184.231, 1501.25, 2151.282, 3311.77, 3312.11,	2485
3312.12, 3319.70, 3319.71, 3701.92, 3727.322, 3746.03, 4501.025,	2486
5111.709, 5111.7010, and 5902.15 of the Revised Code are hereby	2487
repealed.	2488

Section 3. That Section 20 of Am. Sub. H.B. 554 of the 127th	2489
General Assembly be amended to read as follows:	2490

Sec. 20. The amendments to section 184.02 that add the cross	2491
references to sections 184.25 and 184.26 and enactments of	2492
sections 184.23, 184.231, 184.24, 184.25, and 184.26 of the	2493
Revised Code are hereby repealed, effective June 30, 2011.	2494

Section 3.02. That existing Section 20 of Am. Sub. H.B. 554	2495
of the 127th General Assembly is hereby repealed.	2496

Section 3.03. The intent of the repeal of sections 184.23 and	2497
184.231 of the Revised Code and the amendment of Section 20 of Am.	2498
Sub. H.B. 554 of the 127th General Assembly is to extinguish	2499
sections 184.23 and 184.231 of the Revised Code on the effective	2500
date of this act.	2501

Section 4. The following agencies are retained under division	2502
(D) of section 101.83 of the Revised Code and expire on December	2503
31, 2016:	2504

AGENCY NAME		REVISED CODE OR UNCODIFIED SECTION		2505
Academic Distress Commission		3302.10		2506
Advisory Board of Governor's Office of Faith-Based and Community Initiatives		107.12		2507
Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence		3323.33, 3323.34		2508
Advisory Council on Amusement Ride Safety		1711.51, 1711.52		2509
Advisory Council of Directors for Prison Labor		5145.162		2510
Advisory Council for Wild, Scenic, or Recreational River Area(s)		1547.84		2511
Advisory Committee on Livestock Exhibitions		901.71		2512
Agricultural Commodity Marketing Programs Operating Committees		924.07		2513
Agricultural Commodity Marketing Programs Coordinating Committee		924.14		2514
Alternative Energy Advisory Committee		4928.64(D)		2515
AMBER Alert Advisory Committee		5502.521		2516
Apprenticeship Council		Chapter 4139.		2517
Armory Board of Control		5911.09, 5911.12		2518
Automated Title Processing Board		4505.09(C)(1)		2519
Backflow Advisory Board		3703.21		2520
Banking Commission		1123.01		2521
Board of Directors of the Great Lakes Protection Fund		1506.22 (6161.04)		2522
Board of Directors of the Medical Liability Underwriting Association Stabilization Fund		3929.631		2523
Board of Directors of the Ohio Appalachian Center for Higher Education		3333.58		2524
Board of Directors of the Ohio Health Reinsurance Program		3924.08 - 3924.11		2525
Board of Governors of the Commercial Insurance Joint Underwriting Association		3930.03		2526
Board of Governors of the Medical Liability Underwriting Association		3929.64		2527
Board of Voting Machines Examiners		3506.05		2528
Budget Planning and Management Commission		Section 509.10, H.B. 1, 128th G.A.		2529
Brain Injury Advisory Committee		3304.231		2530
Bureau of Workers' Compensation Board of Directors		4121.12		2531
Capitol Square Review and Advisory Board		105.41		2532
Child Care Advisory Council		5104.08		2533
Child Support Guideline Advisory Council		3119.024		2534
Children's Trust Fund Board		3109.15 - 3109.17		2535
Citizen's Advisory Council		5123.092, 5123.093		2536
Clean Ohio Trail Advisory Board		1519.06		2537
Coastal Resources Advisory Council		1506.12		2538
Commission on African-American Males		4112.12, 4112.13		2539
Commission on Hispanic-Latino Affairs		121.31		2540
Commission on Minority Health		3701.78		2541
Committee on Prescriptive Governance		4723.49 - 4723.492		2542
Commodity Advisory Commission		926.32		2543
Consumer Advisory Committee to the Rehabilitation Services Commission		3304.24		2544
Consumer Finance Education Board		1349.71, 1349.72		2545
Continuing Education Committee		109.80(B)		2546
Council on Alcohol and Drug Addiction Services		3793.09		2547
Council on Unreclaimed Strip Mined Lands		1513.29		2548
County Sheriff's Standard Car Marking and Uniform Commission		311.25 - 311.27		2549
Credential Review Board		3319.65		2550
Credit Union Council		1733.329		2551
Criminal Sentencing Advisory Committee		181.22		2552
Data Collection and Analysis Group		3727.32		2553
Dentist Loan Repayment Advisory Board		3702.92		2554
Department Advisory Council(s)		107.18, 121.13		2555
Development Financing Advisory Council		122.40, 122.41		2556
Early Child Advisory Council		3301.90		2557
Education Commission of the States (Interstate Compact for Education)		3301.48, 3301.49		2558
Education Management Information System Advisory Board		3301.0713		2559
Educator Standards Board		3319.60		2560
Electrical Safety Inspector Advisory Committee		3783.08		2561
Emergency Response Commission		3750.02		2562
Engineering Experiment Station Advisory Committee		3335.27		2563
Environmental Education Council		3745.21		2564
Environmental Protection Agency Advisory Board(s)		121.13, 3704.03, 3745.01		2565
eTech Ohio Commission		3353.02 - 3353.04		2566
Ex-Offender Reentry Coalition		5120.07		2567
Farmland Preservation Advisory Board		901.23		2568
Financial Planning and Supervision Commission(s) for Municipal Corporation, County, or Township		118.05		2569
Financial Planning and Supervision Commission for a school district		3316.05		2570
Forestry Advisory Council		1503.40		2571
Governance Authority for a State University or College		3345.75		2572
Governor's Council on People with Disabilities		3303.41		2573
Governor's Policy Information Working Group		Section 313, H.B. 420, 127th G.A.		2574
Governor's Residence Advisory Commission		107.40		2575
Grain Marketing Program Operating Committee		924.20 - 924.30		2576
Great Lakes Commission (Great Lakes Basin Compact)		6161.01		2577
Gubernatorial Transition Committee		107.29, 126.26		2578
Help Me Grow Advisory Council		3701.611		2579
Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council		3701.0210		2580
Harmon Commission		3306.50		2581
Homeland Security Advisory Council		5502.011(E)		2582
Hospital Measures Advisory Council		3727.31		2583
Housing Trust Fund Advisory Committee		174.06		2584
Industrial Commission Nominating Council		4121.04		2585
Industrial Technology and Enterprise Advisory Council		122.29, 122.30		2586
Infant Hearing Screening Subcommittee		3701.507		2587
Infection Control Group		3727.312(D)		2588
Insurance Agent Education Advisory Council		3905.483		2589
Interstate Rail Passenger Advisory Council		4981.35		2590
Joint Select Committee on Volume Cap		133.021		2591
Labor-Management Government Advisory Council		4121.70		2592
Legal Rights Service Commission		5123.60		2593
Legislative Programming Committee of the Ohio Government Telecommunications Service		3353.07		2594
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research		103.51		2595
Maternity and Newborn Advisory Council		3711.20, 3711.21		2596
Medically Handicapped Children's Medical Advisory Council		3701.025		2597
Midwest Interstate Passenger Rail Compact Commission		4981.361		2598
Milk Sanitation Board		917.03 - 917.032		2599
Mine Subsidence Insurance Governing Board		3929.51		2600
Minority Development Financing Advisory Board		122.72, 122.73		2601
Multi-Agency Radio Communications System (MARCS) Steering Committee		Section 15.02, H.B. 640, 123rd G.A.		2602
National Museum of Afro-American History and Culture Planning Committee		149.303		2603
New African Immigrants Commission		4112.31, 4112.32		2604
Ohio Accountability Task Force		3302.021(E)		2605
Ohio Advisory Council for the Aging		173.03		2606
Ohio Agriculture License Plate Scholarship Fund Board		901.90		2607
Ohio Arts Council		Chapter 3379.		2608
Ohio Business Gateway Steering Committee		5703.57		2609
Ohio Cemetery Dispute Resolution Commission		4767.05, 4767.06		2610
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils		4112.04(B)(4)		2611
Ohio Commercial Market Assistance Plan Executive Committee		3930.02		2612
Ohio Commission on Dispute Resolution and Conflict Management		179.02 - 179.04		2613
Ohio Commission to Reform Medicaid		Section 59.29, H.B. 95, 125th G.A., Section 64, S.B. 189, 125th G.A.		2614
Ohio Community Service Council		121.40 - 121.404		2615
Ohio Council for Interstate Adult Offender Supervision		5149.22		2616
Ohio Cultural Facilities Commission		Chapter 3383.		2617
Ohio Cystic Fibrosis Legislative Task Force		101.38		2618
Ohio Developmental Disabilities Council		5123.35		2619
Ohio Expositions Commission		991.02		2620
Ohio Family and Children First Cabinet Council		121.37		2621
Ohio Geographically Referenced Information Program Council		125.901, 125.902		2622
Ohio Geology Advisory Council		1501.11		2623
Ohio Grape Industries Committee		924.51 - 924.55		2624
Ohio Historic Site Preservation Advisory Board		149.301		2625
Ohio Historical Society Board of Trustees		149.30		2626
Ohio Judicial Conference		105.91 - 105.97		2627
Ohio Lake Erie Commission		1506.21		2628
Ohio Legislative Commission on the Education and Preservation of State History		Section 701.05, H.B. 1, 128th G.A.		2629
Ohio Medical Quality Foundation		3701.89		2630
Ohio Parks and Recreation Council		1541.40		2631
Ohio Peace Officer Training Commission		109.71, 109.72		2632
Ohio Private Investigation and Security Services Commission		4749.021, 4743.01		2633
Ohio Public Defender Commission		120.01 - 120.03		2634
Ohio Public Library Information Network Board of Trustees		3375.65, 3375.66		2635
Ohio Quarter Horse Development Commission		3769.086		2636
Ohio Small Government Capital Improvements Commission		164.02(C)(D)		2637
Ohio Soil and Water Conservation Commission		1515.02		2638
Ohio Standardbred Development Commission		3769.085		2639
Ohio Steel Industry Advisory Council		122.97, 122.971		2640
Ohio Subrogation Rights Commission		2323.44		2641
Ohio Thoroughbred Racing Advisory Committee		3769.084		2642
Ohio Transportation Finance Commission		5531.12(B) to (D)		2643
Ohio Tuition Trust Authority		3334.03, 3334.08		2644
Ohio University College of Osteopathic Medicine Advisory Committee		3337.10, 3337.11		2645
Ohio Vendors Representative Committee		3304.34, 20 USC 107		2646
Ohio War Orphans Scholarship Board		5910.02 - 5910.06		2647
Ohio Water Advisory Council		1521.031		2648
Ohio Water Resources Council Advisory Group		1521.19		2649
Ohio Water Resources Council		1521.19		2650
Oil and Gas Commission		1509.35		2651
Operating Committee of the Oil and Gas Marketing Program		1510.06, 1510.11		2652
Organized Crime Investigations Commission		177.01		2653
Pharmacy and Therapeutics Committee of the Department of Job and Family Services		5111.084		2654
Physician Assistant Policy Committee of the State Medical Board		4730.05, 4730.06		2655
Physician Loan Repayment Advisory Board		3702.81		2656
Power Siting Board		4906.02		2657
Prequalification Review Board		5525.07		2658
Private Water Systems Advisory Council		3701.346		2659
Public Health Council		3701.33, 3701.34		2660
Public Schools Health Care Advisory Committee		9.901		2661
Public Utilities Commission Nominating Council		4901.021		2662
Public Utility Property Tax Study Committee		5727.85(K)		2663
Radiation Advisory Council		3748.20		2664
Reclamation Commission		1513.05		2665
Reclamation Forfeiture Fund Advisory Board		1513.182		2666
Recreation and Resources Commission		1501.04		2667
Recycling and Litter Prevention Advisory Council		1502.04		2668
School and Ministerial Lands Divestiture Committee		501.041		2669
Savings and Loan Associations and Savings Banks Board		1181.16		2670
School Employees Health Care Board		9.901		2671
School Funding Advisory Council		3306.29		2672
Second Chance Trust Fund Advisory Committee		2108.35		2673
Service Coordination Workgroup		Section 751.20, H.B. 1, 128th G.A.		2674
Small Business Stationary Source Technical and Environmental Compliance Assistance Council		3704.19		2675
Solid Waste Management Advisory Council		3734.51		2676
Special Commission to Consider the Suspension of Local Government Officials		3.16		2677
Speed to Scale Task Force		Section 375.60.80, H.B. 119, 128th G.A.		2678
State Agency Coordinating Group		1521.19		2679
State Audit Committee		126.46		2680
State Council of Uniform State Laws		105.21 - 105.27		2681
State Criminal Sentencing Commission		181.21 - 181.26		2682
State Fire Council		3737.81		2683
State Library Board		3375.01		2684
State Regional Alliance Advisory Board		3312.11, 3312.12		2685
State Victims Assistance Advisory Council		109.91(B) and (C)		2686
Statewide Consortium of County Law Library Resource Boards		3375.481		2687
STEM Committee		3326.02		2688
Student Tuition Recovery Authority		3332.081		2689
Sunset Review Committee		101.84 - 101.87		2690
Tax Credit Authority		122.17(M)		2691
Technical Advisory Committee to Assist Director of the Ohio Coal Development Office		1551.35		2692
Technical Advisory Council on Oil and Gas		1509.38		2693
Transportation Review Advisory Council		5512.07 - 5512.09		2694
Unemployment Compensation Advisory Council		4141.08		2695
Unemployment Compensation Review Commission		4141.06		2696
Veterans Advisory Committee		5902.02(K)		2697
Volunteer Fire Fighters' Dependents Fund Boards (private volunteer)		146.02 - 146.06		2698
Volunteer Fire Fighters' Dependents Fund Boards (public)		146.02 - 146.06		2699
Water and Sewer Commission		1525.11(C)		2700
Waterways Safety Council		1547.73		2701
Wildlife Council		1531.03 - 1531.05		2702
Workers' Compensation Board of Directors Nominating Committee		4121.123		2703

Section 5.  That sections 101.82, 101.83, 101.84, 101.85,	2704
101.86, and 101.87 of the Revised Code are hereby repealed on	2705
December 31, 2016.	2706

Section 6.01. That Section 513.03 of Am. Sub. H.B. 66 of the	2707
126th General Assembly, as amended by Am. Sub. H.B. 100 of the	2708
126th General Assembly, be amended to read as follows:	2709

Sec. 513.03. (A) Notwithstanding any provision of law to the	2710
contrary and during the period beginning July 1, 2005, and ending	2711
May 1, 2006, or the effective date of H.B. 397 of the 126th	2712
General Assembly, whichever is earlier, the Director of	2713
Environmental Protection or a board of health as defined in	2714
section 3714.01 of the Revised Code shall not issue a license to	2715
open a new construction and demolition debris facility under	2716
Chapter 3714. of the Revised Code and rules adopted under it.	2717
Except as otherwise provided in this division, the moratorium	2718
established by this division applies both with respect to an	2719
application for a license to open a new construction and	2720
demolition debris facility that is submitted on or after the	2721
effective date of this section and to an application for such a	2722
license that has been submitted to the Director or a board of	2723
health prior to the effective date of this section, but concerning	2724
which a license for a facility has not been issued as of that	2725
effective date.	2726

The board of county commissioners of a county may request the	2727
Director or a board of health to continue to process an	2728
application for a license to open a new construction and	2729
demolition debris facility in that county that has been submitted	2730
to the Director or board of health prior to the effective date of	2731
this section. After receiving such a request from a board of	2732
county commissioners, the Director or board of health may then	2733
issue a license for the new construction and demolition debris	2734
facility notwithstanding the moratorium established by this	2735
division.	2736

The moratorium established by this division does not apply to	2737
a license for a new construction and demolition debris facility if	2738
the new facility will be located adjacent or contiguous to a	2739
previously licensed construction and demolition debris facility.	2740
The moratorium also does not apply to an expansion of or other	2741
modification to an existing licensed construction and demolition	2742
debris facility.	2743

(B) The moratorium established by division (A) of this	2744
section does not apply to an application for a license to	2745
establish a construction and demolition debris facility pending	2746
before a board of health or the Director of Environmental	2747
Protection, as applicable, prior to July 1, 2005, and such an	2748
application shall be reviewed and the license shall be issued or	2749
denied in accordance with Chapter 3714. of the Revised Code, if	2750
all of the following apply to the applicant for the license:	2751

(1) The applicant has acquired an interest in the property on	2752
which the facility will be located on or before May 1, 2005.	2753

(2) The applicant has begun a hydrogeologic investigation	2754
pursuant to section 3745-400-09 of the Ohio Administrative Code	2755
prior to submitting the application.	2756

(3) The applicant has begun the engineering plans for the	2757
facility prior to submitting the application.	2758

(4) The application submitted by the applicant would have	2759
been determined to be complete if the moratorium had not been in	2760
effect.	2761

The director shall determine whether this division applies to	2762
an applicant within forty-five days after receiving an applicant's	2763
request for a determination under this division.	2764

(C)(1) There is hereby created the Construction and	2765
Demolition Debris Facility Study Committee composed of the	2766
following thirteen members:	2767

(a) Three members of the House of Representatives appointed	2768
by the Speaker of the House of Representatives;	2769

(b) Three members of the Senate appointed by the President of	2770
the Senate;	2771

(c) The Director of Environmental Protection or the	2772
Director's designee;	2773

(d) One member representing health districts in the state	2774
appointed by the Governor;	2775

(e) Three members representing the construction and	2776
demolition debris industry in the state appointed by the Governor,	2777
one of whom shall be the owner of both a construction and	2778
demolition debris facility and a solid waste disposal facility;	2779

(f) Two members representing environmental consulting	2780
organizations or firms in the state appointed by the Governor.	2781

Appointments shall be made to the Committee not later than	2782
fifteen days after the effective date of this section. Members of	2783
the Committee shall not receive compensation for their service on	2784
the Committee and shall not receive reimbursement for expenses	2785
incurred related to that service.	2786

(2) The Committee shall study the laws of this state	2787
governing construction and demolition debris facilities and the	2788
rules adopted under those laws and shall make recommendations to	2789
the General Assembly regarding changes to those laws including,	2790
but not limited to, recommendations concerning the following	2791
topics:	2792

(a) The establishment of a code of ethics for owners and	2793
operators of construction and demolition debris facilities;	2794

(b) The establishment of best management practices;

2795

(c) Licensing requirements;

2796

(d) Testing and monitoring requirements and protocols;

2797

(e) Siting and setback criteria for construction and	2798
demolition debris facilities;	2799

(f) State and local oversight and regulatory authority;

2800

(g) Fees;

2801

(h) The regulation of construction and demolition debris from	2802
sources inside and outside the state;	2803

(i) The closure process for construction and demolition	2804
debris facilities.	2805

(3) The Committee shall submit a report of its study and any	2806
recommendations that it has developed to the General Assembly not	2807
later than September 30, 2005. The Committee shall cease to exist	2808
on the date on which it submits its report.	2809

The General Assembly shall enact legislation based on the	2810
recommendations of the Committee as soon as is practicable.	2811

Section 6.02. That existing Section 513.03 of Am. Sub. H.B.	2812
66 of the 126th General Assembly, as amended by Am. Sub. H.B. 100	2813
of the 126th General Assembly is hereby repealed.	2814

Section 7.01. That Section 3 of Sub. H.B. 187 of the 126th	2815
General Assembly be amended to read as follows:	2816

Sec. 3. In addition to its recommendations that are included	2817
in this actSub. H.B. 187 of the 126th General Assembly, the Civil	2818
Service Review Commission that was created by Amended Senate Bill	2819
No. 210 of the 123rd General Assembly recommends, with necessary	2820
changes made by the General Assembly to reflect subsequent	2821
legislative enactments, all of the following:	2822

(A) Thethat the Department of Administrative Services, in	2823
conjunction with all appropriate stakeholder groups, shall study	2824
the compensation and classification system that applies to	2825
employees paid by warrant of the Director of Budget and Management	2826
and county employees in order to determine how the system could be	2827
simplified. The Department shall report to the General Assembly on	2828
the results of its study not later than six months after the	2829
effective date of this act and at appropriate intervals	2830
thereafter.	2831

(B) An ad hoc committee shall be formed to review, study, and	2832
encourage greater awareness of the use of alternate dispute	2833
resolution procedures, such as mediation, in appeals to the State	2834
Personnel Board of Review and to municipal and civil service	2835
township civil service commissions. The committee shall consist of	2836
representatives of labor organizations, counties, cities, the	2837
State Personnel Board of Review, the State Employment Relations	2838
Board, the Office of Collective Bargaining of the Department of	2839
Administrative Services, the Ohio Commission on Dispute Resolution	2840
and Conflict Management, the American Arbitration Association, and	2841
the Federal Mediation and Conciliation Service. Professors on the	2842
faculty of Ohio law schools, a professional arbitrator with	2843
experience in public sector disputes, and a plaintiff's lawyer	2844
with experience in civil service disputes also should be members	2845
of the committee. The committee shall report its findings and	2846
recommendations to the General Assembly within six months after	2847
the effective date of this act.	2848

Section 7.02. That existing Section 3 of Sub. H.B. 187 of the	2849
126th General Assembly is hereby repealed.	2850

Section 8. That Section 6 of Am. Sub. H.B. 516 of the 125th	2851
General Assembly is repealed.	2852

This repeal prevents the repeal of sections 101.82, 101.83,	2853
101.84, 101.85, 101.86, and 101.87 of the Revised Code that was to	2854
be effective on December 31, 2010, and thereby removes this	2855
limitation upon the continued existence of sections 101.82 and	2856
101.87 of the Revised Code and upon the continued existence of	2857
sections 101.83, 101.84, 101.85, and 101.86 of the Revised Code as	2858
presented in Section 1 of this act. The rule of construction that	2859
the repeal of a repealing act does not revive the statute	2860
repealed, which is reflected in section 1.57 of the Revised Code,	2861
does not affect the intent of this section.	2862

Section 9. The following Sections are repealed:

2863

Sections 209.40, 309.40.70, and 709.10 of Am. Sub. H.B. 1 of	2864
the 128th General Assembly	2865

Sections 755.80 and 756.40 of Am. Sub. H.B. 2 of the 128th	2866
General Assembly	2867

Section 3 of Sub. H.B. 7 of the 127th General Assembly

2868

Section 555.17 of Am. Sub. H.B. 67 of the 127th General	2869
Assembly	2870

Sections 263.30.30, 337.20.20, 377.20, and 737.11 of Am. Sub.	2871
H.B. 119 of the 127th General Assembly	2872

Sections 6 and 7 of Sub. H.B. 125 of the 127th General	2873
Assembly	2874

Section 2 of Sub. H.B. 233 of the 127th General Assembly

2875

Section 3 of Am. H.B. 416 of the 127th General Assembly

2876

Sections 703.30 and 715.50 of Am. Sub. H.B. 562 of the 127th	2877
General Assembly	2878

Section 4 of Am. Sub. S.B. 77 of the 127th General Assembly

2879

Sections 206.10.12, 206.42.12, 206.66.24, 206.66.43,	2880
209.63.58, 503.09, and 503.12 of Am. Sub. H.B. 66 of the 126th	2881
General Assembly	2882

Section 4 of Sub. H.B. 187 of the 126th General Assembly

2883

Section 1 of Sub. H.B. 371 of the 126th General Assembly

2884

Section 235.60.70 of Am. Sub. H.B. 699 of the 126th General	2885
Assembly	2886

Section 3 of Am. Sub. S.B. 167 of the 126th General Assembly

2887

Section 5 of Am. Sub. S.B. 260 of the 126th General Assembly

2888

Section 3 of Sub. S.B. 393 of the 126th General Assembly

2889

Sections 12 and 25 of Am. Sub. H.B. 87 of the 125th General	2890
Assembly	2891

Sections 41.35 and 153 of Am. Sub. H.B. 95 of the 125th	2892
General Assembly	2893

Section 8 of Sub. H.B. 299 of the 125th General Assembly

2894

Section 3 of Am. Sub. S.B. 86 of the 125th General Assembly

2895

Section 3 of Sub. H.B. 230 of the 124th General Assembly

2896

Section 3 of Am. Sub. H.B. 474 of the 124th General Assembly

2897

Section 4 of Am. Sub. S.B. 281 of the 124th General Assembly

2898

Section 701.20 of Am. Sub. H.B. 562 of the 127th General	2899
Assembly, as amended by Am. Sub. H.B. 1 of the 128th General	2900
Assembly	2901

Section 206.66.53 of Am. Sub. H.B. 66 of the 126th General	2902
Assembly, as amended by S.B. 87 of the 126th General Assembly	2903

Section 6 of Sub. H.B. 336 of the 126th General Assembly, as	2904
amended by Am. Sub. S.B. 155 of the 127th General Assembly	2905

Section 755.03 of Am. Sub. H.B. 530 of the 126th General	2906
Assembly, as amended by Am. Sub. H.B. 67 of the 127th General	2907
Assembly	2908

Section 6 of Am. Sub. S.B. 238 of the 126th General Assembly,	2909
as amended by Am. Sub. H.B. 461 of the 126th General Assembly	2910

Section 152 of Am. Sub. H.B. 95 of the 125th General	2911
Assembly, as amended by Am. Sub. S.B. 2 of the 125th General	2912
Assembly	2913

Section 59.29 of Am. Sub. H.B. 95 of the 125th General	2914
Assembly, as amended by Am. Sub. S.B. 189 of the 125th General	2915
Assembly	2916

Section 10.  It is in part the intent of the General Assembly	2917
in enacting this act to implement the report of the Sunset Review	2918
Committee that was created by Am. Sub. H.B. 516 of the 125th	2919
General Assembly. That report is implemented in part as follows:	2920

(A) By the abolishment in this act, through amendments to	2921
relevant codified sections of law and through outright repeals of	2922
codified or uncodified sections of law, of numerous agencies, as	2923
defined in section 101.82 of the Revised Code, that were subject	2924
to the Committee's jurisdiction;	2925

(B) By the termination, through amendments to relevant	2926
codified sections of law and through outright repeals of codified	2927
or uncodified sections of law, of several agencies, as defined in	2928
section 101.82 of the Revised Code, that were subject to the	2929
Committee's jurisdiction;	2930

(C) By the transfer, through the amendment of codified or	2931
uncodified sections of law, of several agencies, as defined in	2932
section 101.82 of the Revised Code, that were subject to the	2933
Committee's jurisdiction;	2934

(D) By the renewal, through the amendment or enactment of	2935
codified or uncodified sections of law, of the existence of	2936
numerous agencies, as defined in section 101.82 of the Revised	2937
Code, that were subject to the Committee's jurisdiction.	2938

Section 11. The hospital measures advisory council shall	2939
supersede the group of experts in pediatric medicine and their	2940
members and succeed to and have and perform all the duties,	2941
powers, and obligations pertaining to the duties, powers, and	2942
obligations of the group of experts in pediatric medicine and	2943
their members. All rules, actions, determinations, commitments,	2944
resolutions, decisions, and agreements pertaining to those duties,	2945
powers, obligations, functions, and rights in force or in effect	2946
on the effective date of this section shall continue in force and	2947
effect subject to any further lawful action thereon by the	2948
hospital measures advisory council. Wherever the group of experts	2949
in pediatric medicine are referred to in any provision of law, or	2950
in any agreement or document that pertains to those duties,	2951
powers, obligations, functions, and rights, the reference is to	2952
the hospital measures advisory council.	2953

All authorized obligations and supplements thereto of the	2954
group of experts in pediatric medicine and their members	2955
pertaining to the duties, powers, and obligations transferred are	2956
binding on the hospital measures advisory council, and nothing in	2957
this act impairs the obligations or rights thereunder or under any	2958
contract. The abolition of the group of experts in pediatric	2959
medicine and the transfer of their duties, powers, and obligations	2960
do not affect the validity of agreements or obligations made by	2961
the group of experts in pediatric medicine and their members	2962
pursuant to Chapters 4121., 4123., 4125., 4127., 4131., and 4167.	2963
of the Revised Code or any other provisions of law.	2964

In connection with the transfer of duties, powers,	2965
obligations, functions, and rights and abolition of the group of	2966
experts in pediatric medicine, all real property and interest	2967
therein, documents, books, money, papers, records, machinery,	2968
furnishings, office equipment, furniture, and all other property	2969
over which the group of experts in pediatric medicine have control	2970
pertaining to the duties, powers, and obligations transferred and	2971
the rights of the group of experts in pediatric medicine to	2972
enforce or receive any of the aforesaid is automatically	2973
transferred to the hospital measures advisory council without	2974
necessity for further action on the part of the hospital measures	2975
advisory council. Additionally, all appropriations or	2976
reappropriations made to the group of experts in pediatric	2977
medicine for the purposes of the performance of their duties,	2978
powers, and obligations, are transferred to the hospital measures	2979
advisory council to the extent of the remaining unexpended or	2980
unencumbered balance thereof, whether allocated or unallocated,	2981
and whether obligated or unobligated.	2982

Section 12. The commission on Hispanic-Latino affairs shall	2983
supersede the interagency council on Hispanic-Latino affairs and	2984
its members and succeed to and have and perform all the duties,	2985
powers, and obligations pertaining to the duties, powers, and	2986
obligations of the interagency council on Hispanic-Latino affairs	2987
and its members. All rules, actions, determinations, commitments,	2988
resolutions, decisions, and agreements pertaining to those duties,	2989
powers, obligations, functions, and rights in force or in effect	2990
on the effective date of this section shall continue in force and	2991
effect subject to any further lawful action thereon by the	2992
commission on Hispanic-Latino affairs. Wherever the interagency	2993
council on Hispanic-Latino affairs is referred to in any provision	2994
of law, or in any agreement or document that pertains to those	2995
duties, powers, obligations, functions, and rights, the reference	2996
is to the commission on Hispanic-Latino affairs.	2997

All authorized obligations and supplements thereto of the	2998
interagency council on Hispanic-Latino affairs and its members	2999
pertaining to the duties, powers, and obligations transferred are	3000
binding on the commission on Hispanic-Latino affairs, and nothing	3001
in this act impairs the obligations or rights thereunder or under	3002
any contract. The abolition of the interagency council on	3003
Hispanic-Latino affairs and the transfer of their duties, powers,	3004
and obligations do not affect the validity of agreements or	3005
obligations made by the interagency council on Hispanic-Latino	3006
affairs and its members pursuant to Chapters 4121., 4123., 4125.,	3007
4127., 4131., and 4167. of the Revised Code or any other	3008
provisions of law.	3009

In connection with the transfer of duties, powers,	3010
obligations, functions, and rights and abolition of the	3011
interagency council on Hispanic-Latino affairs, all real property	3012
and interest therein, documents, books, money, papers, records,	3013
machinery, furnishings, office equipment, furniture, and all other	3014
property over which the interagency council on Hispanic-Latino	3015
affairs has control pertaining to the duties, powers, and	3016
obligations transferred and the rights of the interagency council	3017
on Hispanic-Latino affairs to enforce or receive any of the	3018
aforesaid is automatically transferred to the commission on	3019
Hispanic-Latino affairs without necessity for further action on	3020
the part of the commission on Hispanic-Latino affairs.	3021
Additionally, all appropriations or reappropriations made to the	3022
interagency council on Hispanic-Latino affairs for the purposes of	3023
the performance of their duties, powers, and obligations, are	3024
transferred to the commission on Hispanic-Latino affairs to the	3025
extent of the remaining unexpended or unencumbered balance	3026
thereof, whether allocated or unallocated, and whether obligated	3027
or unobligated.	3028