Bill Text: OH HB654 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To limit the use of criminal records in the hiring and employment practices of public employers.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-11-06 - To State and Local Government [HB654 Detail]

Download: Ohio-2013-HB654-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 654

Representatives Schuring, Slesnick 

Cosponsors: Representatives Becker, Brenner, Driehaus, Fedor, Hood, Hagan, R., Mallory, Reece, Ruhl, Sykes 

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A BILL

To amend sections 124.11, 124.25, 124.26, 124.34,

1

329.021, 4121.121, 5123.08, and 5139.02, and to

2

enact section 9.73 of the Revised Code to limit

3

the use of criminal records in the hiring and

4

employment practices of public employers.

5

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

Section 1. That sections 124.11, 124.25, 124.26, 124.34,	6
329.021, 4121.121, 5123.08, and 5139.02 be amended and section	7
9.73 of the Revised Code be enacted to read as follows:	8

Sec. 9.73.  (A) As used in this section:

9

(1) "Public employer" means a state agency or a political	10
subdivision of the state.	11

(2) "State agency" means any organized body, office, agency,	12
institution, or other entity established by the laws of the state	13
for the exercise of any function of government.	14

(3) "Political subdivision" means a county, township,	15
municipal corporation, or any other body corporate and politic	16
that is responsible for government activities in a geographic area	17
smaller than that of the state.	18

(4) "Appointing authority" means the officer, commission,	19
board, or body having the power of appointment to, or removal	20
from, positions in any office, department, commission, board, or	21
institution.	22

(B) Notwithstanding any provision of the Revised Code to the	23
contrary, no appointing authority shall inquire into or consider	24
the criminal background of an applicant to a position in the	25
service of a public employer until the applicant has been selected	26
for appointment and the appointing authority is prepared to make	27
an offer of employment.	28

(C) An appointing authority may notify an applicant of any	29
provision of the Revised Code or federal law that disqualifies an	30
individual with a particular criminal history from employment in a	31
particular position.	32

(D) Except if an applicant is specifically disqualified from	33
employment by any provision of the Revised Code or under federal	34
law because of the prior conviction of or plea of guilty to a	35
particular offense, an applicant shall not be disqualified from	36
employment in the service of a governmental entity based solely	37
upon the prior conviction of or plea of guilty to an offense. An	38
appointing authority may deny an applicant employment in the	39
service of a public employer by reason of the prior conviction of	40
or plea of guilty to an offense only after the appointing	41
authority has considered all of the following factors:	42

(1) Whether the offense directly relates to the	43
responsibilities of the position for which the applicant applied;	44

(2) The nature and severity of the offense;

45

(3) The age of the applicant at the time the applicant	46
committed the offense;	47

(4) The date the offense was committed;

48

(5) How long the person has lived while not incarcerated or	49
under correctional supervision without having any additional,	50
subsequent convictions;	51

(6) Any documentation or testimony demonstrating the	52
applicant's rehabilitation.	53

(E) If a conviction of or plea of guilty to an offense is	54
used as a basis for the rejection of an applicant, the appointing	55
authority shall state that rejection in writing and specifically	56
state the evidence presented and reasons for rejection. The	57
appointing authority shall send a copy of the rejection by	58
registered mail to the applicant.	59

(F) No appointing authority shall use the record of an arrest	60
of an applicant that is not followed by a conviction or plea of	61
guilty in connection with an application for employment.	62

Sec. 124.11.  The civil service of the state and the several	63
counties, cities, civil service townships, city health districts,	64
general health districts, and city school districts of the state	65
shall be divided into the unclassified service and the classified	66
service.	67

(A) The unclassified service shall comprise the following	68
positions, which shall not be included in the classified service,	69
and which shall be exempt from all examinations required by this	70
chapter:	71

(1) All officers elected by popular vote or persons appointed	72
to fill vacancies in those offices;	73

(2) All election officers as defined in section 3501.01 of	74
the Revised Code;	75

(3)(a) The members of all boards and commissions, and heads	76
of principal departments, boards, and commissions appointed by the	77
governor or by and with the governor's consent;	78

(b) The heads of all departments appointed by a board of	79
county commissioners;	80

(c) The members of all boards and commissions and all heads	81
of departments appointed by the mayor, or, if there is no mayor,	82
such other similar chief appointing authority of any city or city	83
school district;	84

Except as otherwise provided in division (A)(17) or (C) of	85
this section, this chapter does not exempt the chiefs of police	86
departments and chiefs of fire departments of cities or civil	87
service townships from the competitive classified service.	88

(4) The members of county or district licensing boards or	89
commissions and boards of revision, and not more than five deputy	90
county auditors;	91

(5) All officers and employees elected or appointed by either	92
or both branches of the general assembly, and employees of the	93
city legislative authority engaged in legislative duties;	94

(6) All commissioned, warrant, and noncommissioned officers	95
and enlisted persons in the Ohio organized militia, including	96
military appointees in the adjutant general's department;	97

(7)(a) All presidents, business managers, administrative	98
officers, superintendents, assistant superintendents, principals,	99
deans, assistant deans, instructors, teachers, and such employees	100
as are engaged in educational or research duties connected with	101
the public school system, colleges, and universities, as	102
determined by the governing body of the public school system,	103
colleges, and universities;	104

(b) The library staff of any library in the state supported	105
wholly or in part at public expense.	106

(8) Four clerical and administrative support employees for	107
each of the elective state officers, four clerical and	108
administrative support employees for each board of county	109
commissioners and one such employee for each county commissioner,	110
and four clerical and administrative support employees for other	111
elective officers and each of the principal appointive executive	112
officers, boards, or commissions, except for civil service	113
commissions, that are authorized to appoint such clerical and	114
administrative support employees;	115

(9) The deputies and assistants of state agencies authorized	116
to act for and on behalf of the agency, or holding a fiduciary or	117
administrative relation to that agency and those persons employed	118
by and directly responsible to elected county officials or a	119
county administrator and holding a fiduciary or administrative	120
relationship to such elected county officials or county	121
administrator, and the employees of such county officials whose	122
fitness would be impracticable to determine by competitive	123
examination, provided that division (A)(9) of this section shall	124
not affect those persons in county employment in the classified	125
service as of September 19, 1961. Nothing in division (A)(9) of	126
this section applies to any position in a county department of job	127
and family services created pursuant to Chapter 329. of the	128
Revised Code.	129

(10) Bailiffs, constables, official stenographers, and	130
commissioners of courts of record, deputies of clerks of the	131
courts of common pleas who supervise or who handle public moneys	132
or secured documents, and such officers and employees of courts of	133
record and such deputies of clerks of the courts of common pleas	134
as the appointing authority finds it impracticable to determine	135
their fitness by competitive examination;	136

(11) Assistants to the attorney general, special counsel	137
appointed or employed by the attorney general, assistants to	138
county prosecuting attorneys, and assistants to city directors of	139
law;	140

(12) Such teachers and employees in the agricultural	141
experiment stations; such students in normal schools, colleges,	142
and universities of the state who are employed by the state or a	143
political subdivision of the state in student or intern	144
classifications; and such unskilled labor positions as the	145
director of administrative services, with respect to positions in	146
the service of the state, or any municipal civil service	147
commission may find it impracticable to include in the competitive	148
classified service; provided such exemptions shall be by order of	149
the commission or the director, duly entered on the record of the	150
commission or the director with the reasons for each such	151
exemption;	152

(13) Any physician or dentist who is a full-time employee of	153
the department of mental health and addiction services, the	154
department of developmental disabilities, or an institution under	155
the jurisdiction of either department; and physicians who are in	156
residency programs at the institutions;	157

(14) Up to twenty positions at each institution under the	158
jurisdiction of the department of mental health and addiction	159
services or the department of developmental disabilities that the	160
department director determines to be primarily administrative or	161
managerial; and up to fifteen positions in any division of either	162
department, excluding administrative assistants to the director	163
and division chiefs, which are within the immediate staff of a	164
division chief and which the director determines to be primarily	165
and distinctively administrative and managerial;	166

(15) Noncitizens of the United States employed by the state,	167
or its counties or cities, as physicians or nurses who are duly	168
licensed to practice their respective professions under the laws	169
of this state, or medical assistants, in mental or chronic disease	170
hospitals, or institutions;	171

(16) Employees of the governor's office;

172

(17) Fire chiefs and chiefs of police in civil service	173
townships appointed by boards of township trustees under section	174
505.38 or 505.49 of the Revised Code;	175

(18) Executive directors, deputy directors, and program	176
directors employed by boards of alcohol, drug addiction, and	177
mental health services under Chapter 340. of the Revised Code, and	178
secretaries of the executive directors, deputy directors, and	179
program directors;	180

(19) Superintendents, and management employees as defined in	181
section 5126.20 of the Revised Code, of county boards of	182
developmental disabilities;	183

(20) Physicians, nurses, and other employees of a county	184
hospital who are appointed pursuant to sections 339.03 and 339.06	185
of the Revised Code;	186

(21) The executive director of the state medical board, who	187
is appointed pursuant to division (B) of section 4731.05 of the	188
Revised Code;	189

(22) County directors of job and family services as provided	190
in section 329.02 of the Revised Code and administrators appointed	191
under section 329.021 of the Revised Code;	192

(23) A director of economic development who is hired pursuant	193
to division (A) of section 307.07 of the Revised Code;	194

(24) Chiefs of construction and compliance, of operations and	195
maintenance, of worker protection, and of licensing and	196
certification in the division of industrial compliance in the	197
department of commerce;	198

(25) The executive director of a county transit system	199
appointed under division (A) of section 306.04 of the Revised	200
Code;	201

(26) Up to five positions at each of the administrative	202
departments listed in section 121.02 of the Revised Code and at	203
the department of taxation, department of the adjutant general,	204
department of education, Ohio board of regents, bureau of workers'	205
compensation, industrial commission, state lottery commission,	206
opportunities for Ohioans with disabilities agency, and public	207
utilities commission of Ohio that the head of that administrative	208
department or of that other state agency determines to be involved	209
in policy development and implementation. The head of the	210
administrative department or other state agency shall set the	211
compensation for employees in these positions at a rate that is	212
not less than the minimum compensation specified in pay range 41	213
but not more than the maximum compensation specified in pay range	214
47 of salary schedule E-2 in section 124.152 of the Revised Code.	215
The authority to establish positions in the unclassified service	216
under division (A)(26) of this section is in addition to and does	217
not limit any other authority that an administrative department or	218
state agency has under the Revised Code to establish positions,	219
appoint employees, or set compensation.	220

(27) Employees of the department of agriculture employed	221
under section 901.09 of the Revised Code;	222

(28) For cities, counties, civil service townships, city	223
health districts, general health districts, and city school	224
districts, the deputies and assistants of elective or principal	225
executive officers authorized to act for and in the place of their	226
principals or holding a fiduciary relation to their principals;	227

(29) Employees who receive intermittent or temporary	228
appointments under division (B) of section 124.30 of the Revised	229
Code;	230

(30) Employees appointed to administrative staff positions	231
for which an appointing authority is given specific statutory	232
authority to set compensation;	233

(31) Employees appointed to highway patrol cadet or highway	234
patrol cadet candidate classifications;	235

(32) Employees placed in the unclassified service by another	236
section of the Revised Code.	237

(B) The classified service shall comprise all persons in the	238
employ of the state and the several counties, cities, city health	239
districts, general health districts, and city school districts of	240
the state, not specifically included in the unclassified service.	241
Upon the creation by the board of trustees of a civil service	242
township civil service commission, the classified service shall	243
also comprise, except as otherwise provided in division (A)(17) or	244
(C) of this section, all persons in the employ of a civil service	245
township police or fire department having ten or more full-time	246
paid employees. The classified service consists of two classes,	247
which shall be designated as the competitive class and the	248
unskilled labor class.	249

(1) The competitive class shall include all positions and	250
employments in the state and the counties, cities, city health	251
districts, general health districts, and city school districts of	252
the state, and, upon the creation by the board of trustees of a	253
civil service township of a township civil service commission, all	254
positions in a civil service township police or fire department	255
having ten or more full-time paid employees, for which it is	256
practicable to determine the merit and fitness of applicants by	257
competitive examinations. Appointments shall be made to, or	258
employment shall be given in, all positions in the competitive	259
class that are not filled by promotion, reinstatement, transfer,	260
or reduction, as provided in this chapter, and the rules of the	261
director of administrative services, by appointment from those	262
certified to the appointing officer in accordance with this	263
chapter.	264

(2) The unskilled labor class shall include ordinary	265
unskilled laborers. Vacancies in the labor class for positions in	266
service of the state shall be filled by appointment from lists of	267
applicants registered by the director or the director's designee.	268
Vacancies in the labor class for all other positions shall be	269
filled by appointment from lists of applicants registered by a	270
commission. The director or the commission, as applicable, by	271
rule, shall require an applicant for registration in the labor	272
class to furnish evidence or take tests as the director or	273
commission considers proper with respect to age, residence,	274
physical condition, ability to labor, honesty, sobriety, industry,	275
capacity, and experience in the work or employment for which	276
application is made. Laborers who fulfill the requirements shall	277
be placed on the eligible list for the kind of labor or employment	278
sought, and preference shall be given in employment in accordance	279
with the rating received from that evidence or in those tests.	280
Upon the request of an appointing officer, stating the kind of	281
labor needed, the pay and probable length of employment, and the	282
number to be employed, the director or commission, as applicable,	283
shall certify from the highest on the list double the number to be	284
employed; from this number, the appointing officer shall appoint	285
the number actually needed for the particular work. If more than	286
one applicant receives the same rating, priority in time of	287
application shall determine the order in which their names shall	288
be certified for appointment.	289

(C) A municipal or civil service township civil service	290
commission may place volunteer firefighters who are paid on a	291
fee-for-service basis in either the classified or the unclassified	292
civil service.	293

(D)(1) This division does not apply to persons in the	294
unclassified service who have the right to resume positions in the	295
classified service under sections 4121.121, 5119.18, 5120.38,	296
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised	297
Code or to cities, counties, or political subdivisions of the	298
state.	299

(2) A person who holds a position in the classified service	300
of the state and who is appointed to a position in the	301
unclassified service shall retain the right to resume the position	302
and status held by the person in the classified service	303
immediately prior to the person's appointment to the position in	304
the unclassified service, regardless of the number of positions	305
the person held in the unclassified service. An employee's right	306
to resume a position in the classified service may only be	307
exercised when an appointing authority demotes the employee to a	308
pay range lower than the employee's current pay range or revokes	309
the employee's appointment to the unclassified service and:	310

(a) That person held a certified position prior to July 1,	311
2007, in the classified service within the appointing authority's	312
agency; or	313

(b) That person held a permanent position on or after July 1,	314
2007, in the classified service within the appointing authority's	315
agency.	316

(3) An employee forfeits the right to resume a position in	317
the classified service when:	318

(a) The employee is removed from the position in the	319
unclassified service due to incompetence, inefficiency,	320
dishonesty, drunkenness, immoral conduct, insubordination,	321
discourteous treatment of the public, neglect of duty, violation	322
of this chapter or the rules of the director of administrative	323
services, any other failure of good behavior, any other acts of	324
misfeasance, malfeasance, or nonfeasance in office, or conviction	325
of a felony while employed in the civil service; or	326

(b) Upon transfer to a different agency.

327

(4) Reinstatement to a position in the classified service	328
shall be to a position substantially equal to that position in the	329
classified service held previously, as certified by the director	330
of administrative services. If the position the person previously	331
held in the classified service has been placed in the unclassified	332
service or is otherwise unavailable, the person shall be appointed	333
to a position in the classified service within the appointing	334
authority's agency that the director of administrative services	335
certifies is comparable in compensation to the position the person	336
previously held in the classified service. Service in the position	337
in the unclassified service shall be counted as service in the	338
position in the classified service held by the person immediately	339
prior to the person's appointment to the position in the	340
unclassified service. When a person is reinstated to a position in	341
the classified service as provided in this division, the person is	342
entitled to all rights, status, and benefits accruing to the	343
position in the classified service during the person's time of	344
service in the position in the unclassified service.	345

Sec. 124.25.  The director of administrative services shall	346
require persons applying for an examination for original	347
appointment in the service of the state to file with the director	348
or the director's designee, within reasonable time prior to the	349
examination, a formal application, in which the applicant shall	350
state the applicant's name, address, and such other information as	351
may reasonably be required concerning the applicant's education	352
and experience. No inquiry shall be made as to religious or	353
political affiliations or as to racial or ethnic origin of the	354
applicant, except as necessary to gather equal employment	355
opportunity or other statistics that, when compiled, will not	356
identify any specific individual. No inquiry shall be made as to	357
the criminal background of the applicant. The director or the	358
director's designee may notify an applicant of any provision of	359
the Revised Code or federal law that disqualifies an individual	360
with a particular criminal history from employment in a particular	361
position.	362

Blank forms for applications shall be furnished by the	363
director or the director's designee without charge to any person	364
requesting the same. The director or the director's designee may	365
require in connection with such application such certificate of	366
persons having knowledge of the applicant as the good of the	367
service demands. The director or the director's designee may	368
refuse to appoint or examine an applicant, or, after an	369
examination, refuse to certify the applicant as eligible, who is	370
found to lack any of the established preliminary requirements for	371
the examination, who is addicted to the habitual use of	372
intoxicating liquors or drugs to excess, who has a pattern of poor	373
work habits and performance with previous employers, who has been	374
convicted of a felony, who has been guilty of infamous or	375
notoriously disgraceful conduct, who has been dismissed from	376
either branch of the civil service for delinquency or misconduct,	377
or who has made false statements of any material fact, or	378
practiced, or attempted to practice, any deception or fraud in the	379
application or examination, in establishing eligibility, or	380
securing an appointment.	381

Sec. 124.26.  From the returns of examinations for positions	382
in the service of the state, the director of administrative	383
services or the director's designee shall prepare an eligible list	384
of the persons whose general average standing upon examinations	385
for the class or position is not less than the minimum fixed by	386
the rules of the director, and who are otherwise eligible. Those	387
persons shall take rank upon the eligible list as candidates in	388
the order of their relative excellence as determined by the	389
examination without reference to priority of the time of	390
examination. If two or more applicants receive the same mark in an	391
open competitive examination, priority in the time of filing the	392
application with the director or the director's designee shall	393
determine the order in which their names shall be placed on the	394
eligible list, except that applicants eligible for the veteran's	395
or the reserve component member's preference under section 124.23	396
of the Revised Code shall receive priority in rank on the eligible	397
list over nonveterans and nonmembers of the reserve component on	398
the list with a rating equal to that of the veteran or reserve	399
component member. Ties among veterans or among reserve component	400
members shall be decided by priority of filing the application. A	401
tie between a veteran and a reserve component member shall be	402
decided in favor of the veteran.	403

The director or the director's designee shall not inquire	404
into or consider the criminal history of an applicant when	405
preparing an eligible list.	406

An eligible list expires upon the filling or closing of the	407
position. An expired eligible list may be used to fill a position	408
of the same classification within the same appointing authority	409
for which the list was created. But, in no event shall an expired	410
list be used more than one year past its expiration date.	411

Sec. 124.34.  (A) The tenure of every officer or employee in	412
the classified service of the state and the counties, civil	413
service townships, cities, city health districts, general health	414
districts, and city school districts of the state, holding a	415
position under this chapter, shall be during good behavior and	416
efficient service. No officer or employee shall be reduced in pay	417
or position, fined, suspended, or removed, or have the officer's	418
or employee's longevity reduced or eliminated, except as provided	419
in section 124.32 of the Revised Code, and for incompetency,	420
inefficiency, dishonesty, drunkenness, immoral conduct,	421
insubordination, discourteous treatment of the public, neglect of	422
duty, violation of any policy or work rule of the officer's or	423
employee's appointing authority, violation of this chapter or the	424
rules of the director of administrative services or the	425
commission, any other failure of good behavior, any other acts of	426
misfeasance, malfeasance, or nonfeasance in office, or conviction	427
of a felony while employed in the civil service. The denial of a	428
one-time pay supplement or a bonus to an officer or employee is	429
not a reduction in pay for purposes of this section.	430

This section does not apply to any modifications or	431
reductions in pay or work week authorized by division (Q) of	432
section 124.181 or section 124.392, 124.393, or 124.394 of the	433
Revised Code.	434

An appointing authority may require an employee who is	435
suspended to report to work to serve the suspension. An employee	436
serving a suspension in this manner shall continue to be	437
compensated at the employee's regular rate of pay for hours	438
worked. The disciplinary action shall be recorded in the	439
employee's personnel file in the same manner as other disciplinary	440
actions and has the same effect as a suspension without pay for	441
the purpose of recording disciplinary actions.	442

A finding by the appropriate ethics commission, based upon a	443
preponderance of the evidence, that the facts alleged in a	444
complaint under section 102.06 of the Revised Code constitute a	445
violation of Chapter 102., section 2921.42, or section 2921.43 of	446
the Revised Code may constitute grounds for dismissal. Failure to	447
file a statement or falsely filing a statement required by section	448
102.02 of the Revised Code may also constitute grounds for	449
dismissal. The tenure of an employee in the career professional	450
service of the department of transportation is subject to section	451
5501.20 of the Revised Code.	452

Conviction of a felony while employed in the civil service is	453
a separate basis for reducing in pay or position, suspending, or	454
removing an officer or employee, even if the officer or employee	455
has already been reduced in pay or position, suspended, or removed	456
for the same conduct that is the basis of the felony. An officer	457
or employee may not appeal to the state personnel board of review	458
or the commission any disciplinary action taken by an appointing	459
authority as a result of the officer's or employee's conviction of	460
a felony. If an officer or employee removed under this section is	461
reinstated as a result of an appeal of the removal, any conviction	462
of a felony that occurs during the pendency of the appeal is a	463
basis for further disciplinary action under this section upon the	464
officer's or employee's reinstatement.	465

A person convicted of a felony while employed in the civil	466
service immediately forfeits the person's status as a classified	467
employee in any public employment on and after the date of the	468
conviction for the felony. If an officer or employee is removed	469
under this section as a result of being convicted of a felony or	470
is subsequently convicted of a felony that involves the same	471
conduct that was the basis for the removal, the officer or	472
employee is barred from receiving any compensation after the	473
removal notwithstanding any modification or disaffirmance of the	474
removal, unless the conviction for the felony is subsequently	475
reversed or annulled.	476

Any person removed for conviction of a felony is entitled to	477
a cash payment for any accrued but unused sick, personal, and	478
vacation leave as authorized by law. If subsequently reemployed in	479
the public sector, the person shall qualify for and accrue these	480
forms of leave in the manner specified by law for a newly	481
appointed employee and shall not be credited with prior public	482
service for the purpose of receiving these forms of leave.	483

As used in this division, "felony" means any of the	484
following:	485

(1) A felony that is an offense of violence as defined in	486
section 2901.01 of the Revised Code;	487

(2) A felony that is a felony drug abuse offense as defined	488
in section 2925.01 of the Revised Code;	489

(3) A felony under the laws of this or any other state or the	490
United States that is a crime of moral turpitude;	491

(4) A felony involving dishonesty, fraud, or theft;

492

(5) A felony that is a violation of section 2921.05, 2921.32,	493
or 2921.42 of the Revised Code.	494

(B) In case of a reduction, a suspension of more than forty	495
work hours in the case of an employee exempt from the payment of	496
overtime compensation, a suspension of more than twenty-four work	497
hours in the case of an employee required to be paid overtime	498
compensation, a fine of more than forty hours' pay in the case of	499
an employee exempt from the payment of overtime compensation, a	500
fine of more than twenty-four hours' pay in the case of an	501
employee required to be paid overtime compensation, or removal,	502
except for the reduction or removal of a probationary employee,	503
the appointing authority shall serve the employee with a copy of	504
the order of reduction, fine, suspension, or removal, which order	505
shall state the reasons for the action.	506

Within ten days following the date on which the order is	507
served or, in the case of an employee in the career professional	508
service of the department of transportation, within ten days	509
following the filing of a removal order, the employee, except as	510
otherwise provided in this section, may file an appeal of the	511
order in writing with the state personnel board of review or the	512
commission. For purposes of this section, the date on which an	513
order is served is the date of hand delivery of the order or the	514
date of delivery of the order by certified United States mail,	515
whichever occurs first. If an appeal is filed, the board or	516
commission shall forthwith notify the appointing authority and	517
shall hear, or appoint a trial board to hear, the appeal within	518
thirty days from and after its filing with the board or	519
commission. The board, commission, or trial board may affirm,	520
disaffirm, or modify the judgment of the appointing authority.	521
However, in an appeal of a removal order based upon a violation of	522
a last chance agreement, the board, commission, or trial board may	523
only determine if the employee violated the agreement and thus	524
affirm or disaffirm the judgment of the appointing authority.	525

In cases of removal or reduction in pay for disciplinary	526
reasons, either the appointing authority or the officer or	527
employee may appeal from the decision of the state personnel board	528
of review or the commission, and any such appeal shall be to the	529
court of common pleas of the county in which the appointing	530
authority is located, or to the court of common pleas of Franklin	531
county, as provided by section 119.12 of the Revised Code.	532

(C) In the case of the suspension for any period of time, or	533
a fine, demotion, or removal, of a chief of police, a chief of a	534
fire department, or any member of the police or fire department of	535
a city or civil service township, who is in the classified civil	536
service, the appointing authority shall furnish the chief or	537
member with a copy of the order of suspension, fine, demotion, or	538
removal, which order shall state the reasons for the action. The	539
order shall be filed with the municipal or civil service township	540
civil service commission. Within ten days following the filing of	541
the order, the chief or member may file an appeal, in writing,	542
with the commission. If an appeal is filed, the commission shall	543
forthwith notify the appointing authority and shall hear, or	544
appoint a trial board to hear, the appeal within thirty days from	545
and after its filing with the commission, and it may affirm,	546
disaffirm, or modify the judgment of the appointing authority. An	547
appeal on questions of law and fact may be had from the decision	548
of the commission to the court of common pleas in the county in	549
which the city or civil service township is situated. The appeal	550
shall be taken within thirty days from the finding of the	551
commission.	552

(D) A violation of division (A)(7) of section 2907.03 of the	553
Revised Code is grounds for termination of employment of a	554
nonteaching employee under this section.	555

(E) As used in this section, "last chance agreement" means an	556
agreement signed by both an appointing authority and an officer or	557
employee of the appointing authority that describes the type of	558
behavior or circumstances that, if it occurs, will automatically	559
lead to removal of the officer or employee without the right of	560
appeal to the state personnel board of review or the appropriate	561
commission.	562

Sec. 329.021.  (A) The board of county commissioners may, in	563
addition to the county director of job and family services,	564
appoint administrators to oversee services provided by the county	565
department of job and family services, subject to the following	566
limitations:	567

(1) If the county has a population of five hundred thousand	568
or more, the board may appoint up to five administrators.	569

(2) If the county has a population of two hundred and fifty	570
thousand or more, but less than five hundred thousand, the board	571
may appoint up to four administrators.	572

(3) If the county has a population of one hundred thousand or	573
more, but less than two hundred and fifty thousand, the board may	574
appoint up to three administrators.	575

(4) If the county has a population of forty thousand or more,	576
but less than one hundred thousand, the board may appoint up to	577
two administrators.	578

(5) If the county has a population of less than forty	579
thousand, the board may appoint one administrator.	580

(B) The administrators appointed by the board of county	581
commissioners under this section shall be in the unclassified	582
civil service and serve at the pleasure of the board. However, no	583
administrator position that is filled by a person serving in the	584
classified service on the effective date of this amendmentJuly 1,	585
2007, shall be placed in the unclassified civil service until that	586
person vacates the position.	587

(C) The board of county commissioners may appoint a person	588
who holds a certified position in the classified service within	589
the county department of job and family services to the position	590
of administrator. A person appointed to the position of	591
administrator pursuant to this division and later removed by the	592
board retains the right to resume the position in the classified	593
service held by that person immediately prior to being appointed	594
to the position of administrator, except that a person first	595
appointed to a classified position in the department on or after	596
the effective date of this amendmentJuly 1, 2007, shall retain	597
the right to resume the position in the classified service for	598
only six months after being appointed to the position of	599
administrator. An employee forfeits the right to resume a position	600
in the classified service when the employee is removed from the	601
position of administrator due to incompetence, inefficiency,	602
dishonesty, drunkenness, immoral conduct, insubordination,	603
discourteous treatment of the public, neglect of duty, violation	604
of any policy or work rule of the board or department, violation	605
of Chapter 124. of the Revised Code or the rules of the director	606
of administrative services, any other failure of good behavior,	607
any other acts of misfeasance, malfeasance, or nonfeasance in	608
office, or conviction of a felony while employed in the civil	609
service. If the position the person previously held in the	610
classified service no longer exists or has been placed in the	611
unclassified service, the person shall be appointed to a position	612
in the classified service of the department that is equivalent to	613
the classified position the person previously held, as determined	614
by the board with the approval of the director of administrative	615
services.	616

(D) As used in this section, "administrator" means assistant	617
director, fiscal officer or director, personnel officer or	618
director, social services administrator, income maintenance	619
administrator, child support administrator in a combined agency,	620
children services administrator in a combined agency, and	621
workforce development administrator in a combined agency.	622

Sec. 4121.121.  (A) There is hereby created the bureau of	623
workers' compensation, which shall be administered by the	624
administrator of workers' compensation. A person appointed to the	625
position of administrator shall possess significant management	626
experience in effectively managing an organization or	627
organizations of substantial size and complexity. A person	628
appointed to the position of administrator also shall possess a	629
minimum of five years of experience in the field of workers'	630
compensation insurance or in another insurance industry, except as	631
otherwise provided when the conditions specified in division (C)	632
of this section are satisfied. The governor shall appoint the	633
administrator as provided in section 121.03 of the Revised Code,	634
and the administrator shall serve at the pleasure of the governor.	635
The governor shall fix the administrator's salary on the basis of	636
the administrator's experience and the administrator's	637
responsibilities and duties under this chapter and Chapters 4123.,	638
4125., 4127., 4131., and 4167. of the Revised Code. The governor	639
shall not appoint to the position of administrator any person who	640
has, or whose spouse has, given a contribution to the campaign	641
committee of the governor in an amount greater than one thousand	642
dollars during the two-year period immediately preceding the date	643
of the appointment of the administrator.	644

The administrator shall hold no other public office and shall	645
devote full time to the duties of administrator. Before entering	646
upon the duties of the office, the administrator shall take an	647
oath of office as required by sections 3.22 and 3.23 of the	648
Revised Code, and shall file in the office of the secretary of	649
state, a bond signed by the administrator and by surety approved	650
by the governor, for the sum of fifty thousand dollars payable to	651
the state, conditioned upon the faithful performance of the	652
administrator's duties.	653

(B) The administrator is responsible for the management of	654
the bureau and for the discharge of all administrative duties	655
imposed upon the administrator in this chapter and Chapters 4123.,	656
4125., 4127., 4131., and 4167. of the Revised Code, and in the	657
discharge thereof shall do all of the following:	658

(1) Perform all acts and exercise all authorities and powers,	659
discretionary and otherwise that are required of or vested in the	660
bureau or any of its employees in this chapter and Chapters 4123.,	661
4125., 4127., 4131., and 4167. of the Revised Code, except the	662
acts and the exercise of authority and power that is required of	663
and vested in the bureau of workers' compensation board of	664
directors or the industrial commission pursuant to those chapters.	665
The treasurer of state shall honor all warrants signed by the	666
administrator, or by one or more of the administrator's employees,	667
authorized by the administrator in writing, or bearing the	668
facsimile signature of the administrator or such employee under	669
sections 4123.42 and 4123.44 of the Revised Code.	670

(2) Employ, direct, and supervise all employees required in	671
connection with the performance of the duties assigned to the	672
bureau by this chapter and Chapters 4123., 4125., 4127., 4131.,	673
and 4167. of the Revised Code, including an actuary, and may	674
establish job classification plans and compensation for all	675
employees of the bureau provided that this grant of authority	676
shall not be construed as affecting any employee for whom the	677
state employment relations board has established an appropriate	678
bargaining unit under section 4117.06 of the Revised Code. All	679
positions of employment in the bureau are in the classified civil	680
service except those employees the administrator may appoint to	681
serve at the administrator's pleasure in the unclassified civil	682
service pursuant to section 124.11 of the Revised Code. The	683
administrator shall fix the salaries of employees the	684
administrator appoints to serve at the administrator's pleasure,	685
including the chief operating officer, staff physicians, and other	686
senior management personnel of the bureau and shall establish the	687
compensation of staff attorneys of the bureau's legal section and	688
their immediate supervisors, and take whatever steps are necessary	689
to provide adequate compensation for other staff attorneys.	690

The administrator may appoint a person who holds a certified	691
position in the classified service within the bureau to a position	692
in the unclassified service within the bureau. A person appointed	693
pursuant to this division to a position in the unclassified	694
service shall retain the right to resume the position and status	695
held by the person in the classified service immediately prior to	696
the person's appointment in the unclassified service, regardless	697
of the number of positions the person held in the unclassified	698
service. An employee's right to resume a position in the	699
classified service may only be exercised when the administrator	700
demotes the employee to a pay range lower than the employee's	701
current pay range or revokes the employee's appointment to the	702
unclassified service. An employee forfeits the right to resume a	703
position in the classified service when the employee is removed	704
from the position in the unclassified service due to incompetence,	705
inefficiency, dishonesty, drunkenness, immoral conduct,	706
insubordination, discourteous treatment of the public, neglect of	707
duty, violation of this chapter or Chapter 124., 4123., 4125.,	708
4127., 4131., or 4167. of the Revised Code, violation of the rules	709
of the director of administrative services or the administrator,	710
any other failure of good behavior, any other acts of misfeasance,	711
malfeasance, or nonfeasance in office, or conviction of a felony	712
while employed in the civil service. An employee also forfeits the	713
right to resume a position in the classified service upon transfer	714
to a different agency.	715

Reinstatement to a position in the classified service shall	716
be to a position substantially equal to that position in the	717
classified service held previously, as certified by the department	718
of administrative services. If the position the person previously	719
held in the classified service has been placed in the unclassified	720
service or is otherwise unavailable, the person shall be appointed	721
to a position in the classified service within the bureau that the	722
director of administrative services certifies is comparable in	723
compensation to the position the person previously held in the	724
classified service. Service in the position in the unclassified	725
service shall be counted as service in the position in the	726
classified service held by the person immediately prior to the	727
person's appointment in the unclassified service. When a person is	728
reinstated to a position in the classified service as provided in	729
this division, the person is entitled to all rights, status, and	730
benefits accruing to the position during the person's time of	731
service in the position in the unclassified service.	732

(3) Reorganize the work of the bureau, its sections,	733
departments, and offices to the extent necessary to achieve the	734
most efficient performance of its functions and to that end may	735
establish, change, or abolish positions and assign and reassign	736
duties and responsibilities of every employee of the bureau. All	737
persons employed by the commission in positions that, after	738
November 3, 1989, are supervised and directed by the administrator	739
under this section are transferred to the bureau in their	740
respective classifications but subject to reassignment and	741
reclassification of position and compensation as the administrator	742
determines to be in the interest of efficient administration. The	743
civil service status of any person employed by the commission is	744
not affected by this section. Personnel employed by the bureau or	745
the commission who are subject to Chapter 4117. of the Revised	746
Code shall retain all of their rights and benefits conferred	747
pursuant to that chapter as it presently exists or is hereafter	748
amended and nothing in this chapter or Chapter 4123. of the	749
Revised Code shall be construed as eliminating or interfering with	750
Chapter 4117. of the Revised Code or the rights and benefits	751
conferred under that chapter to public employees or to any	752
bargaining unit.	753

(4) Provide offices, equipment, supplies, and other	754
facilities for the bureau.	755

(5) Prepare and submit to the board information the	756
administrator considers pertinent or the board requires, together	757
with the administrator's recommendations, in the form of	758
administrative rules, for the advice and consent of the board, for	759
classifications of occupations or industries, for premium rates	760
and contributions, for the amount to be credited to the surplus	761
fund, for rules and systems of rating, rate revisions, and merit	762
rating. The administrator shall obtain, prepare, and submit any	763
other information the board requires for the prompt and efficient	764
discharge of its duties.	765

(6) Keep the accounts required by division (A) of section	766
4123.34 of the Revised Code and all other accounts and records	767
necessary to the collection, administration, and distribution of	768
the workers' compensation funds and shall obtain the statistical	769
and other information required by section 4123.19 of the Revised	770
Code.	771

(7) Exercise the investment powers vested in the	772
administrator by section 4123.44 of the Revised Code in accordance	773
with the investment policy approved by the board pursuant to	774
section 4121.12 of the Revised Code and in consultation with the	775
chief investment officer of the bureau of workers' compensation.	776
The administrator shall not engage in any prohibited investment	777
activity specified by the board pursuant to division (F)(9) of	778
section 4121.12 of the Revised Code and shall not invest in any	779
type of investment specified in divisions (B)(1) to (10) of	780
section 4123.442 of the Revised Code. All business shall be	781
transacted, all funds invested, all warrants for money drawn and	782
payments made, and all cash and securities and other property	783
held, in the name of the bureau, or in the name of its nominee,	784
provided that nominees are authorized by the administrator solely	785
for the purpose of facilitating the transfer of securities, and	786
restricted to the administrator and designated employees.	787

(8) Make contracts for and supervise the construction of any	788
project or improvement or the construction or repair of buildings	789
under the control of the bureau.	790

(9) Purchase supplies, materials, equipment, and services;	791
make contracts for, operate, and superintend the telephone, other	792
telecommunication, and computer services for the use of the	793
bureau; and make contracts in connection with office reproduction,	794
forms management, printing, and other services. Notwithstanding	795
sections 125.12 to 125.14 of the Revised Code, the administrator	796
may transfer surplus computers and computer equipment directly to	797
an accredited public school within the state. The computers and	798
computer equipment may be repaired or refurbished prior to the	799
transfer.	800

(10) Prepare and submit to the board an annual budget for	801
internal operating purposes for the board's approval. The	802
administrator also shall, separately from the budget the	803
industrial commission submits, prepare and submit to the director	804
of budget and management a budget for each biennium. The budgets	805
submitted to the board and the director shall include estimates of	806
the costs and necessary expenditures of the bureau in the	807
discharge of any duty imposed by law.	808

(11) As promptly as possible in the course of efficient	809
administration, decentralize and relocate such of the personnel	810
and activities of the bureau as is appropriate to the end that the	811
receipt, investigation, determination, and payment of claims may	812
be undertaken at or near the place of injury or the residence of	813
the claimant and for that purpose establish regional offices, in	814
such places as the administrator considers proper, capable of	815
discharging as many of the functions of the bureau as is	816
practicable so as to promote prompt and efficient administration	817
in the processing of claims. All active and inactive lost-time	818
claims files shall be held at the service office responsible for	819
the claim. A claimant, at the claimant's request, shall be	820
provided with information by telephone as to the location of the	821
file pertaining to the claimant's claim. The administrator shall	822
ensure that all service office employees report directly to the	823
director for their service office.	824

(12) Provide a written binder on new coverage where the	825
administrator considers it to be in the best interest of the risk.	826
The administrator, or any other person authorized by the	827
administrator, shall grant the binder upon submission of a request	828
for coverage by the employer. A binder is effective for a period	829
of thirty days from date of issuance and is nonrenewable. Payroll	830
reports and premium charges shall coincide with the effective date	831
of the binder.	832

(13) Set standards for the reasonable and maximum handling	833
time of claims payment functions, ensure, by rules, the impartial	834
and prompt treatment of all claims and employer risk accounts, and	835
establish a secure, accurate method of time stamping all incoming	836
mail and documents hand delivered to bureau employees.	837

(14) Ensure that all employees of the bureau follow the	838
orders and rules of the commission as such orders and rules relate	839
to the commission's overall adjudicatory policy-making and	840
management duties under this chapter and Chapters 4123., 4127.,	841
and 4131. of the Revised Code.	842

(15) Manage and operate a data processing system with a	843
common data base for the use of both the bureau and the commission	844
and, in consultation with the commission, using electronic data	845
processing equipment, shall develop a claims tracking system that	846
is sufficient to monitor the status of a claim at any time and	847
that lists appeals that have been filed and orders or	848
determinations that have been issued pursuant to section 4123.511	849
or 4123.512 of the Revised Code, including the dates of such	850
filings and issuances.	851

(16) Establish and maintain a medical section within the	852
bureau. The medical section shall do all of the following:	853

(a) Assist the administrator in establishing standard medical	854
fees, approving medical procedures, and determining eligibility	855
and reasonableness of the compensation payments for medical,	856
hospital, and nursing services, and in establishing guidelines for	857
payment policies which recognize usual, customary, and reasonable	858
methods of payment for covered services;	859

(b) Provide a resource to respond to questions from claims	860
examiners for employees of the bureau;	861

(c) Audit fee bill payments;

862

(d) Implement a program to utilize, to the maximum extent	863
possible, electronic data processing equipment for storage of	864
information to facilitate authorizations of compensation payments	865
for medical, hospital, drug, and nursing services;	866

(e) Perform other duties assigned to it by the administrator.

867

(17) Appoint, as the administrator determines necessary,	868
panels to review and advise the administrator on disputes arising	869
over a determination that a health care service or supply provided	870
to a claimant is not covered under this chapter or Chapter 4123.,	871
4127., or 4131. of the Revised Code or is medically unnecessary.	872
If an individual health care provider is involved in the dispute,	873
the panel shall consist of individuals licensed pursuant to the	874
same section of the Revised Code as such health care provider.	875

(18) Pursuant to section 4123.65 of the Revised Code, approve	876
applications for the final settlement of claims for compensation	877
or benefits under this chapter and Chapters 4123., 4127., and	878
4131. of the Revised Code as the administrator determines	879
appropriate, except in regard to the applications of self-insuring	880
employers and their employees.	881

(19) Comply with section 3517.13 of the Revised Code, and	882
except in regard to contracts entered into pursuant to the	883
authority contained in section 4121.44 of the Revised Code, comply	884
with the competitive bidding procedures set forth in the Revised	885
Code for all contracts into which the administrator enters	886
provided that those contracts fall within the type of contracts	887
and dollar amounts specified in the Revised Code for competitive	888
bidding and further provided that those contracts are not	889
otherwise specifically exempt from the competitive bidding	890
procedures contained in the Revised Code.	891

(20) Adopt, with the advice and consent of the board, rules	892
for the operation of the bureau.	893

(21) Prepare and submit to the board information the	894
administrator considers pertinent or the board requires, together	895
with the administrator's recommendations, in the form of	896
administrative rules, for the advice and consent of the board, for	897
the health partnership program and the qualified health plan	898
system, as provided in sections 4121.44, 4121.441, and 4121.442 of	899
the Revised Code.	900

(C) The administrator, with the advice and consent of the	901
senate, shall appoint a chief operating officer who has a minimum	902
of five years of experience in the field of workers' compensation	903
insurance or in another similar insurance industry if the	904
administrator does not possess such experience. The chief	905
operating officer shall not commence the chief operating officer's	906
duties until after the senate consents to the chief operating	907
officer's appointment. The chief operating officer shall serve in	908
the unclassified civil service of the state.	909

Sec. 5123.08.  An appointing officer may appoint a person who	910
holds a certified position in the classified service within the	911
department of developmental disabilities to a position in the	912
unclassified service within the department. A person appointed	913
pursuant to this section to a position in the unclassified service	914
shall retain the right to resume the position and status held by	915
the person in the classified service immediately prior to the	916
person's appointment to the position in the unclassified service,	917
regardless of the number of positions the person held in the	918
unclassified service. An employee's right to resume a position in	919
the classified service may only be exercised when an appointing	920
authority demotes the employee to a pay range lower than the	921
employee's current pay range or revokes the employee's appointment	922
to the unclassified service. An employee forfeits the right to	923
resume a position in the classified service when the employee is	924
removed from the position in the unclassified service due to	925
incompetence, inefficiency, dishonesty, drunkenness, immoral	926
conduct, insubordination, discourteous treatment of the public,	927
neglect of duty, violation of this chapter or Chapter 124. of the	928
Revised Code, the rules of the director of developmental	929
disabilities or the director of administrative services, any other	930
failure of good behavior, any other acts of misfeasance,	931
malfeasance, or nonfeasance in office, or conviction of a felony	932
while employed in the civil service. An employee also forfeits the	933
right to resume a position in the classified service upon transfer	934
to a different agency.	935

Reinstatement to a position in the classified service shall	936
be to a position substantially equal to that position in the	937
classified service held previously, as certified by the director	938
of administrative services. If the position the person previously	939
held in the classified service has been placed in the unclassified	940
service or is otherwise unavailable, the person shall be appointed	941
to a position in the classified service within the department that	942
the director of administrative services certifies is comparable in	943
compensation to the position the person previously held in the	944
classified service. Service in the position in the unclassified	945
service shall be counted as service in the position in the	946
classified service held by the person immediately prior to the	947
person's appointment to the position in the unclassified service.	948
When a person is reinstated to a position in the classified	949
service as provided in this section, the person is entitled to all	950
rights, status, and benefits accruing to the position in the	951
classified service during the time of the person's service in the	952
position in the unclassified service.	953

Sec. 5139.02.  (A)(1) As used in this section, "managing	954
officer" means a deputy director, an assistant deputy director, a	955
superintendent, a regional administrator, a deputy superintendent,	956
or the superintendent of schools of the department of youth	957
services, a member of the release authority, the chief of staff to	958
the release authority, and the victims administrator of the office	959
of victim services.	960

(2) Each division established by the director of youth	961
services shall consist of managing officers and other employees,	962
including those employed in institutions and regions as necessary	963
to perform the functions assigned to them. The director or	964
appropriate deputy director or managing officer of the department	965
shall supervise the work of each division and determine general	966
policies governing the exercise of powers vested in the department	967
and assigned to each division. The appropriate managing officer or	968
deputy director is responsible to the director for the	969
organization, direction, and supervision of the work of the	970
division or unit and for the exercise of the powers and the	971
performance of the duties of the department assigned to it and,	972
with the director's approval, may establish bureaus or other	973
administrative units within the department.	974

(B) The director shall appoint all managing officers, who	975
shall be in the unclassified civil service. The director may	976
appoint a person who holds a certified position in the classified	977
service within the department to a position as a managing officer	978
within the department. A person appointed pursuant to this	979
division to a position as a managing officer shall retain the	980
right to resume the position and status held by the person in the	981
classified service immediately prior to the person's appointment	982
as managing officer, regardless of the number of positions the	983
person held in the unclassified service. A managing officer's	984
right to resume a position in the classified service may only be	985
exercised when the director demotes the managing officer to a pay	986
range lower than the managing officer's current pay range or	987
revokes the managing officer's appointment to the position of	988
managing officer. A managing officer forfeits the right to resume	989
a position in the classified service when the managing officer is	990
removed from the position of managing officer due to incompetence,	991
inefficiency, dishonesty, drunkenness, immoral conduct,	992
insubordination, discourteous treatment of the public, neglect of	993
duty, violation of this chapter or Chapter 124. of the Revised	994
Code, the rules of the director of youth services or the director	995
of administrative services, any other failure of good behavior,	996
any other acts of misfeasance, malfeasance, or nonfeasance in	997
office, or conviction of a felony while employed in the civil	998
service. A managing officer also forfeits the right to resume a	999
position in the classified service upon transfer to a different	1000
agency.	1001

Reinstatement to a position in the classified service shall	1002
be to the position held in the classified service immediately	1003
prior to appointment as managing officer, or to another position	1004
certified by the director of administrative services as being	1005
substantially equal to that position. If the position the person	1006
previously held in the classified service immediately prior to	1007
appointment as a managing officer has been placed in the	1008
unclassified service or is otherwise unavailable, the person shall	1009
be appointed to a position in the classified service within the	1010
department that the director of administrative services certifies	1011
is comparable in compensation to the position the person	1012
previously held in the classified service. Service as a managing	1013
officer shall be counted as service in the position in the	1014
classified service held by the person immediately prior to the	1015
person's appointment as a managing officer. If a person is	1016
reinstated to a position in the classified service under this	1017
division, the person shall be returned to the pay range and step	1018
to which the person had been assigned at the time of the	1019
appointment as managing officer. Longevity, where applicable,	1020
shall be calculated pursuant to the provisions of section 124.181	1021
of the Revised Code.	1022

(C) Each person appointed as a managing officer shall have	1023
received special training and shall have experience in the type of	1024
work that the person's division is required to perform. Each	1025
managing officer, under the supervision of the director, has	1026
entire charge of the division, institution, unit, or region for	1027
which the managing officer is appointed and, with the director's	1028
approval, shall appoint necessary employees and may remove them	1029
for cause.	1030

(D) The director may designate one or more deputy directors	1031
to sign any personnel actions on the director's behalf. The	1032
director shall make a designation in a writing signed by the	1033
director, and the designation shall remain in effect until the	1034
director revokes or supersedes it with a new designation.	1035

Section 2.  That existing sections 124.11, 124.25, 124.26,	1036
124.34, 329.021, 4121.121, 5123.08, and 5139.02 of the Revised	1037
Code are hereby repealed.	1038

Section 3.  Section 124.26 of the Revised Code is presented	1039
in this act as a composite of the section as amended by both Am.	1040
Sub. H.B. 487 and Am. Sub. H.B. 490 of the 129th General Assembly.	1041
The General Assembly, applying the principle stated in division	1042
(B) of section 1.52 of the Revised Code that amendments are to be	1043
harmonized if reasonably capable of simultaneous operation, finds	1044
that the composite is the resulting version of the section in	1045
effect prior to the effective date of the section as presented in	1046
this act.	1047