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Employer Blocking an Workers Compensation Claim in Ohio

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					  OHIO ISSUES REPORT
STATE ISSUES BALLOT INFORMATION FOR THE
  NOVEMBER 7, 2006 GENERAL ELECTION




     DISTRIBUTED BY THE OHIO BALLOT BOARD
T
       his publication gives Ohioans an opportunity to review the full
       text and ballot laguage of the five state issues on the November 7
       ballot, and to compare the arguments for and against each issue.
The ballot language for each issue was certified by the bi-partisan Ohio
Ballot Board. The explanations and arguments for and against each issue
were prepared by persons appointed by the committee representing
the petitioners and are printed as submitted to the Secretary of State’s
office.

We urge all Ohioans to study the issues carefully before voting.
Remember, when voting at the polls, bring with you a valid and current
form of identification with your current address.




                        OHIO BALLOT BOARD
                                 Chairman
                  Secretary of State J. Kenneth Blackwell

                         Senator Randy Gardner
                           Senator Teresa Fedor
                         Mr. William N. Morgan
                       Mr. Thomas R. Winters, Esq.
                              NOTICE TO VOTERS:
 As required by law, this 2006 Ohio Issues Report includes ballot language
 and arguments for and against each statewide issue submitted to voters for
 the November General Election. This piece also includes the actual, proposed
 language amendments to the Ohio Constitution.

 Voters should note, however, that, as of the publication date of this Report,
 legal action was pending in regard to State Issues 1, 4 and 5. It is possible
 that court action may affect whether voters will actually vote on these Issues
 on Election Day, November 7, 2006.

 Voters are encouraged to remain informed on the status of pending legal action
 in relation to these statewide ballot Issues.




                           TABLE OF CONTENTS

ISSUE 1 ........................................................................................1
(REFERENDUM ON AMENDED SUBSTITUTE SENATE BILL NO. 7)



ISSUE 2 ......................................................................................20
(PROPOSED AMENDMENT TO THE OHIO CONSTITUTION)


ISSUE 3 ......................................................................................25
(PROPOSED AMENDMENT TO THE OHIO CONSTITUTION)



ISSUE 4 ......................................................................................30
(PROPOSED AMENDMENT TO THE OHIO CONSTITUTION)



ISSUE 5 ......................................................................................33
(PROPOSED LAW)
This page intentionally left blank.
                                                        GENERAL ELECTION, NOVEMBER 7, 2006



                             1      REFERENDUM ON
                                  AMENDED SUBSTITUTE
                                    SENATE BILL NO. 7
                                 (Submitted by Referendum Petition)

Shall certain measures from Amended Substitute Senate Bill No. 7 to reform Ohio’s Workers’
Compensation Law be approved?

Amended Substitute Senate Bill No. 7 makes changes to Ohio’s Workers’ Compensation Law,
including the following:
• Changes procedures for determining the amount of compensation that may be received for wage
  loss or permanent total disability.
• Allows workers’ compensation and benefits to be awarded to a victim of sexual assault at the
  workplace.
• Prohibits certain prisoners from receiving workers’ compensation and benefits while confined to a
  county jail and designates the Bureau of Workers’ Compensation Special Investigation Department
  a criminal justice agency.
• Exempts the addresses and phone numbers of workers receiving workers’ compensation and benefits
  from Ohio’s Public Records Law and from public access, except to journalists.
• Allows employment in a sheltered workshop for injured workers with traumatic brain injuries even
  if a worker is receiving workers’ compensation and benefits.
• Requires that workers demonstrate “substantial aggravation” of a pre-existing condition by certain
  objective criteria before workers’ compensation and benefits may be awarded, specifies eligibility
  qualifications for permanent total disability compensation, and reduces the time frame for which
  claims may be brought.
• Improves the ability to settle workers’ compensation claims under certain conditions, voids certain
  settlement agreements upon death, increases amounts available on specified attorneys’ fees and
  changes rules of procedure related to certain appeals.
• Prevents the Workers’ Compensation Oversight Commission from setting a different policy than
  requirements outlined in Ohio law regarding who may serve as investment managers.
• Allows self-insuring employers to pay compensation and benefits directly under certain conditions.

     IF APPROVED, THESE AMENDMENTS AND ENACTMENTS WILL BE EFFECTIVE
                              IMMEDIATELY.

A majority yes vote is necessary for passage.

                                    SHALL THE PROPOSED
                                    SECTIONS OF LAW BE
                                    APPROVED?
                               O YES (To approve the sections of law)
                               O NO (To reject the sections of law)




                                                 1
OHIO ISSUES REPORT


                                       Explanation and Argument
                                         in Support of Issue 1

                                            Vote YES On Issue 1

Voting “YES” preserves the rights of injured workers so they are compensated quickly and fairly
and promotes common-sense cost-saving reforms for employers.

S.B. 7 was passed by a majority of Ohio’s legislators who worked with employee rights advocates
and Ohio’s employers to ensure Ohio workers are protected if they are injured during work, while
also preserving Ohio jobs with cost-saving changes for employers. Special interest groups who were
unsuccessful in blocking the bill during the legislative process have led an effort to prevent enactment of
this meaningful reform measure of the Workers’ Compensation system. Your “YES” vote will ensure
these needed reforms become law.

S.B. 7 increases protections against fraud in Ohio’s Workers’ Compensation system and does the
following:
      Speeds up compensation for Ohio’s injured workers
      Better protects women in the workplace
      Provides opportunities for job creation and job retention in Ohio

Voting “YES” will:

       Improve a system where injured workers receive needed care and return to work quickly;
       Fix current flaws in the system that result in costly waste, fraud and abuse;
       Stop those who prey on injured workers by protecting workers’ privacy by removing their home
       addresses and telephone numbers from public record;
       For the first time, allow workers’ compensation benefits if a woman is sexually assaulted while at
       work;
       Prohibit prisoners from continuing to collect Workers’ Compensation benefits while in jail;
       Ensure more than $100 million in savings to the system that protects injured workers and helps
       employers reinvest in their businesses so they may preserve and create Ohio jobs.

                           Support injured workers. Preserve and Create jobs.
                                         Vote “YES” on Issue 1.

Submitted by: State Representative Stephen Buehrer and State Senator Gary Cates.


      FULL TEXT OF THE                 (Language added by the Act is un-     sion and open for the transaction of
      SECTIONS OF LAW                  derlined. Language deleted by         business during all business hours
       TO BE REFERRED                  the Act is indicated by a striketh-   of every day excepting Sundays
                                       rough.)                               and legal holidays. The sessions of
Sections of law from Am. Sub. S.                                             the commission shall be open to
B. No. 7 to be referred to the elec-   SECTION 1:                            the public and shall stand and be
tors for their approval or rejec-      Sec. 4121.10. The industrial com-     adjourned without further notice
tion:                                  mission shall be in continuous ses-   thereof on its record. All of the pro-


                                                       2
                                                                GENERAL ELECTION, NOVEMBER 7, 2006


                     ARGUMENT AND EXPLANATION AGAINST ISSUE 1

                                             Vote NO on Issue 1

Senate Bill 7 is a devious attack on injured workers’ benefits in just another effort to pay for “Coingate”
and other bad investment “kick-back” schemes on the backs of injured workers. Don’t let them get away
with taking your family’s benefits. Vote NO to reject Senate Bill 7.

In 1997, lawmakers tried to pass a similar bill to benefit greedy corporations saying it was necessary to
save businesses $200 million per year. Less than 2 weeks after voters like yourself stood up and said NO
to those take-aways, the truth was exposed when the BWC gave employers over $2 Billion of injured
workers’ monies. Since then, the BWC has given employers refunds or credits of over $12 BILLION of
money earmarked for injured workers, their widows and orphans! Big business and greedy corporations
lied to us then, and they are trying to lie to us again now. We voted against their greed in 1997 – we need
to do it again this November.

                                         ENOUGH IS ENOUGH !

Only the injured worker take-away provisions of this bill are being challenged. Be truthful with Ohio’s
families and tell them the benefits that Senate Bill 7 will eliminate:

       - Cuts the time a claim remains open for the payment of compensation and medical benefits from
         10 to 5 years.

       - Reduces non-working wage loss compensation from 200 to 52 weeks.

       - Reverses 5 separate Supreme Court Cases which ruled in favor of granting workers’ rights and
         benefits.

       - Discriminates against older workers or anyone who has had a previous injury by eliminating their
         ability to file a claim for a pre-existing condition unless the new injury substantially aggravates
         it.

                                   Protect yourself. Protect your family.
                                               Protect Ohio.

                                             Vote NO on Issue 1

Submitted by: Committee to Protect Injured Workers, Widows and Orphans, Lloyd C. Mahaffey, James
W. Harris and Sarah Ogdahl


ceedings of the commission shall be    calling the name of each member of     mission shall keep a separate record
shown on its record, which shall be    the industrial commission by the ex-   of its proceedings relative to claims
a public record except as provided     ecutive director, and each member’s    coming before it for compensation
in section 4123.88 of the Revised      vote shall be recorded on the record   for injured and the dependents of
Code, and all voting shall be had by   of proceedings as cast. The com-       killed employees, which record


                                                        3
OHIO ISSUES REPORT

shall contain its findings and the       in the field of insurance, finance,      sion. Any member appointed to fill
award in each such claim for com-       workers’ compensation, law, ac-        a vacancy occurring prior to the ex-
pensation considered by it, and in      counting, actuarial, personnel, in-    piration date of the term for which
all such claims the reasons for the     vestments, or data processing, or      the member’s predecessor was ap-
allowance or rejection thereof shall    in the management of an organiza-      pointed shall hold office as a mem-
be stated in said record.               tion whose size is commensurate        ber for the remainder of that term.
                                        with that of the bureau of workers’    A member shall continue in office
Sec. 4121.12. (A) There is hereby       compensation. At least one of these    subsequent to the expiration date of
created the workers’ compensation       five members shall be an attorney       the member’s term until a successor
oversight commission consisting of      licensed under Chapter 4705. of the    takes office or until a period of sixty
eleven members, of which mem-           Revised Code to practice law in this   days has elapsed, whichever occurs
bers the governor shall appoint five     state.                                 first.
with the advice and consent of the
senate. Of the five members the          (B) Of the initial appointments        (C) In making appointments to the
governor appoints, two shall be in-     made to the commission, the gov-       commission, the governor shall se-
dividuals who, on account of their      ernor shall appoint one member         lect the members from the list of
previous vocation, employment, or       who represents employees to a term     names submitted by the workers’
affiliations, can be classed as rep-     ending one year after September 1,     compensation oversight commis-
resentative of employees, at least      1995, one member who represents        sion nominating committee pursu-
one of whom is representative of        employers to a term ending two         ant to this division. Within fourteen
employees who are members of an         years after September 1, 1995, the     days after the governor calls the
employee organization; two shall        member who represents the public       initial meeting of the nominating
be individuals who, on account of       to a term ending three years after     committee pursuant to division (C)
their previous vocation, employ-        September 1, 1995, one member          of section 4121.123 of the Revised
ment, or affiliations, can be classed    who represents employees to a term     Code, the nominating committee
as representative of employers, one     ending four years after September      shall submit to the governor, for the
of whom represents self-insuring        1, 1995, and one member who rep-       initial appointments, a list contain-
employers and one of whom has           resents employers to a term ending     ing four separate names for each of
experience as an employer in com-       five years after September 1, 1995.     the members on the commission.
pliance with section 4123.35 of the     Thereafter, terms of office shall be    Within fourteen days after the sub-
Revised Code other than a self-in-      for three years, with each term end-   mission of the list, the governor
suring employer, and one of those       ing on the same day of the same        shall appoint individuals from the
two representatives also shall rep-     month as did the term that it suc-     list.
resent employers whose employees        ceeds. Each member shall hold of-
are not members of an employee or-      fice from the date of the member’s      For the appointment of the member
ganization; and one shall represent     appointment until the end of the       who is representative of employees
the public and also be an individual    term for which the member was ap-      who are members of an employee
who, on account of the individual’s     pointed.                               organization, both for initial ap-
previous vocation, employment, or                                              pointments and for the filling of
affiliations, cannot be classed as ei-   The governor shall not appoint any     vacancies, the list of four names
ther predominantly representative       person to more than two full terms     submitted by the nominating com-
of employees or of employers. The       of office on the commission. This       mittee shall be comprised of four
governor shall select the chairper-     restriction does not prevent the       individuals who are members of the
son of the commission who shall         governor from appointing a per-        executive committee of the largest
serve as chairperson at the pleasure    son to fill a vacancy caused by the     statewide labor federation.
of the governor. No more than three     death, resignation, or removal of a
members appointed by the governor       commission member and also ap-         Thereafter, within sixty days after
shall belong to or be affiliated with    pointing that person twice to full     a vacancy occurring as a result of
the same political party.               terms on the commission, or from       the expiration of a term and within
                                        appointing a person previously ap-     thirty days after other vacancies
Each of these five members shall         pointed to fill less than a full term   occurring on the commission, the
have at least three years’ experience   twice to full terms on the commis-     nominating committee shall submit


                                                         4
                                                                   GENERAL ELECTION, NOVEMBER 7, 2006

a list containing four names for each    ately preceding the appointment,         only on investment matters.
vacancy. Within fourteen days after      not have been employed by the bu-
the submission of the list, the gov-     reau of workers’ compensation or by      (E) The remaining four members of
ernor shall appoint individuals from     any person, partnership, or corpora-     the commission shall be the chair-
the list. With respect to the filling     tion that has provided to the bureau     person and ranking minority mem-
of vacancies, the nominating com-        services of a financial or investment     ber of the standing committees of
mittee shall provide the governor        nature, including the management,        the house of representatives and of
with a list of four individuals who      analysis, supervision, or investment     the senate to which legislation con-
are, in the judgment of the nomi-        of assets;                               cerning this chapter and Chapters
nating committee, the most fully                                                  4123., 4127., and 4131. of the Re-
qualified to accede to membership         (3) Have direct experience in the        vised Code normally are referred,
on the commission. The nominat-          management, analysis, supervision,       or a designee of the chairperson or
ing committee shall not include the      or investment of assets.                 ranking minority member, provided
name of an individual upon the list                                               that the designee is a member of
for the filling of vacancies if the       Terms of office of the investment         the standing committee. Legisla-
appointment of that individual by        expert members shall be for three        tive members shall serve during the
the governor would result in more        years, with each term ending on          session of the general assembly to
than three members of the commis-        the same day of the same month as        which they are elected and for as
sion belonging to or being affili-        did the term that it succeeds. Each      long as they are members of the gen-
ated with the same political party.      member shall hold office for the          eral assembly. Legislative members
The committee shall include on the       date of the member’s appointment         shall serve in an advisory capacity
list for the filling of vacancies only    until the end of the term for which      to the commission and shall have
the names of attorneys admitted to       the member was appointed. The            no voting rights on matters coming
practice law in this state if, to ful-   president, speaker, and treasurer        before the commission. Member-
fill the requirement of division (A)      shall not appoint any person to more     ship on the commission by legisla-
of section 4121.12 of the Revised        than two full terms of office on the      tive members shall not be deemed
Code, the vacancy must be filled by       commission. This restriction does        as holding a public office.
an attorney.                             not prevent the president, speaker,
                                         and treasurer from appointing a          (F) All members of the commis-
In order for the name of an individ-     person to fill a vacancy caused by        sion shall receive their reasonable
ual to be submitted to the governor      the death, resignation, or removal       and necessary expenses pursuant to
under this division, the nominating      of a commission member and also          section 126.31 of the Revised Code
committee shall approve the indi-        appointing that person twice to full     while engaged in the performance
vidual by an affirmative vote of a        terms on the commission, or from         of their duties as members. Mem-
majority of its members.                 appointing a person previously ap-       bers appointed by the governor and
                                         pointed to fill less than a full term     the investment expert members also
(D) The commission shall also con-       twice to full terms on the commis-       shall receive an annual salary not to
sist of two members, known as the        sion. Any investment expert mem-         exceed eighteen thousand dollars
investment expert members. One           ber appointed to fill a vacancy oc-       payable on the following basis:
investment expert member shall be        curring prior to the expiration of the
appointed by the treasurer of state      term for which the member’s prede-       (1) Except as provided in division
and one investment expert member         cessor was appointed shall hold of-      (F)(2) of this section, a member
shall be jointly appointed by the        fice until the end of that term. The      shall receive two thousand dollars
speaker of the house of representa-      member shall continue in office           during a month in which the mem-
tives and the president of the senate.   subsequent to the expiration date of     ber attends one or more meetings of
Each investment expert member            the member’s term until the mem-         the commission and shall receive no
shall have the following qualifica-       ber’s successor takes office or until     payment during a month in which
tions:                                   a period of sixty days has elapsed,      the member attends no meeting of
                                         whichever occurs first.                   the commission.
(1) Be a resident of this state:;
                                         The investment expert members of         (2) A member may receive no more
(2) Within the three years immedi-       the oversight commission shall vote      than the annual eighteen thousand


                                                           5
OHIO ISSUES REPORT

dollar salary regardless of the num-     (6) Establish objectives, policies,      (d) Jewelry or gems;
ber of meetings held by the com-         and criteria for the administration of
mission during a year or the number      the investment program that include      (e) Stamps;
of meetings in excess of nine within     asset allocation targets and ranges,
a year that the member attends.          risk factors, asset class benchmarks,    (f) Antiques;
                                         time horizons, total return objec-
The chairperson of the commission        tives, and performance evaluation        (g) Artifacts;
shall set the meeting dates of the       guidelines, and monitor the admin-
commission as necessary to perform       istrator’s progress in implementing      (h) Collectibles;
the duties of the commission under       the objectives, policies, and criteria
this chapter and Chapters 4123.,         on a quarterly basis. The commis-        (i) Memorabilia;
4127., and 4131. of the Revised          sion shall not specify in the objec-
Code. The commission shall meet          tives, policies, and criteria that the   (j) Similar unregulated investments
at least nine times during the period    administrator or employees of the        that are not commonly part of an
commencing on the first day of Sep-       bureau are prohibited from con-          institutional portfolio, that lack li-
tember and ending on the thirty-first     ducting business with an investment      quidity, and that lack readily deter-
day of August of the following year.     management firm, any investment           minable valuation.
The administrator of workers’ com-       management professional associ-
pensation shall provide professional     ated with that firm, any third party      (7) Specify in the objectives, poli-
and clerical assistance to the com-      solicitor associated with that firm,      cies, and criteria for the investment
mission, as the commission consid-       or any political action committee        program that the administrator is
ers appropriate.                         controlled by that firm or controlled     permitted to invest in an investment
                                         by an investment management pro-         class only if the commission, by a
(G) The commission shall:                fessional of that firm based on crite-    majority vote, opens that class. Af-
                                         ria that are more restrictive than the   ter the commission opens a class but
(1) Review progress of the bureau        restrictions described in divisions      prior to the administrator investing
in meeting its cost and quality ob-      (Y) and (Z) of section 3517.13 of        in that class, the commission shall
jectives and in complying with this      the Revised Code. The commission         adopt rules establishing due dili-
chapter and Chapters 4123., 4127.,       shall review and publish the objec-      gence standards for employees’ of
and 4131. of the Revised Code;           tives, policies, and criteria no less    the bureau to follow when investing
                                         than annually and shall make cop-        in that class and shall establish poli-
(2) Issue an annual report on the cost   ies available to interested parties.     cies and procedures to review and
and quality objectives of the bureau     The commission shall prohibit, on        monitor the performance and value
to the president of the senate, the      a prospective basis, any specific in-     of each investment class. The com-
speaker of the house of representa-      vestment it finds to be contrary to its   mission shall submit a report annu-
tives, and the governor;                 investment objectives, policies, and     ally on the performance and value
                                         criteria.                                of each investment class to the gov-
(3) Review all independent financial                                               ernor, the president and minority
audits of the bureau. The adminis-       The objectives, policies, and crite-     leader of the senate, and the speaker
trator shall provide access to records   ria adopted by the commission for        and minority leader of the house of
of the bureau to facilitate the review   the operation of the investment pro-     representatives. The commission
required under this division.            gram shall prohibit investing assets     may vote to close any investment
                                         of funds, directly or indirectly, in     class.
(4) Study issues as requested by the     vehicles that target any of the fol-
administrator or the governor;           lowing:                                  (8) Advise and consent on all of the
                                                                                  following:
(5) Contract with an independent         (a) Coins;
actuarial firm to assist the commis-                                               (a) Administrative rules the admin-
sion in making recommendations           (b) Artwork;                             istrator submits to it pursuant to di-
to the administrator regarding pre-                                               vision (B)(5) of section 4121.121 of
mium rates;                              (c) Horses;                              the Revised Code for the classifica-
                                                                                  tion of occupations or industries, for


                                                           6
                                                                   GENERAL ELECTION, NOVEMBER 7, 2006

premium rates and contributions,         who has pleaded guilty to or been        cers of boards of education, under
for the amount to be credited to the     convicted of an offense of that na-      any appointment or contract of hire,
surplus fund, for rules and systems      ture is ineligible to be a member of     express or implied, oral or written,
of rating, rate revisions, and merit     the commission. A member who re-         including any elected official of the
rating;                                  ceives a bill of indictment for any of   state, or of any county, municipal
                                         the offenses specified in this section    corporation, or township, or mem-
(b) The overall policy of the bureau     shall be automatically suspended         bers of boards of education.
of workers’ compensation as set by       from the commission pending reso-
the administrator;                       lution of the criminal matter.           As used in division (A)(1)(a) of this
                                                                                  section, the term “employee” in-
(c) The duties and authority con-        (I) As used in this section, “employ-    cludes the following persons when
ferred upon the administrator pur-       ee organization” means any labor         responding to an inherently danger-
suant to section 4121.37 of the Re-      or bona fide organization in which        ous situation that calls for an im-
vised Code;                              employees participate and which          mediate response on the part of the
                                         exists for the purpose, in whole or      person, regardless of whether the
(d) Rules the administrator adopts       in part, of dealing with employers       person is within the limits of the
for the health partnership program       concerning grievances, labor dis-        jurisdiction of the person’s regular
and the qualified health plan system,     putes, wages, hours, terms and other     employment or voluntary service
as provided in sections 4121.44,         conditions of employment.                when responding, on the condition
4121.441, and 4121.442 of the Re-                                                 that the person responds to the situ-
vised Code;                              Sec. 4121.131. The bureau of work-       ation as the person otherwise would
                                         ers’ compensation special investiga-     if the person were on duty in the
(e) Rules the administrator submits      tion department is a criminal justice    person’s jurisdiction:
to it pursuant to Chapter 4167. of       agency in investigating reported
the Revised Code regarding the           violations of law relating to work-      (i) Off-duty peace officers. As used
public employment risk reduction         ers’ compensation, and as such may       in division (A)(1)(a)(i) of this sec-
program and the protection of pub-       apply for access to the computer-        tion, “peace officer” has the same
lic health care workers from expo-       ized databases administered by the       meaning as in section 2935.01 of
sure incidents.                          national crime information center or     the Revised Code.
                                         the law enforcement automated data
As used in this division, “public        system in Ohio and to other comput-      (ii) Off-duty firefighters, whether
health care worker” and “exposure        erized databases administered for        paid or volunteer, of a lawfully con-
incident” have the same meanings         the purpose of making criminal jus-      stituted fire department.
as in section 4167.25 of the Revised     tice information accessible to state
Code.                                    and criminal justice agencies.           (iii) Off-duty first responders, emer-
                                                                                  gency medical technicians-basic,
(9) Perform all duties required un-      Sec. 4123.01. As used in this chap-      emergency medical technicians-in-
der section 4121.125 of the Revised      ter:                                     termediate, or emergency medical
Code.                                                                             technicians-paramedic,       whether
                                         (A)(1) “Employee” means:                 paid or volunteer, of an ambulance
(H) The office of a member of the                                                  service organization or emergency
commission who is convicted of or        (a) Every person in the service of       medical service organization pursu-
pleads guilty to a felony, a theft of-   the state, or of any county, mu-         ant to Chapter 4765. of the Revised
fense as defined in section 2913.01       nicipal corporation, township, or        Code.
of the Revised Code, or a violation      school district therein, including
of section 102.02, 102.03, 102.04,       regular members of lawfully consti-      (b) Every person in the service of
2921.02, 2921.11, 2921.13, 2921.31,      tuted police and fire departments of      any person, firm, or private corpo-
2921.41, 2921.42, 2921.43, or            municipal corporations and town-         ration, including any public service
2921.44 of the Revised Code shall        ships, whether paid or volunteer,        corporation, that (i) employs one or
be deemed vacant. The vacancy            and wherever serving within the          more persons regularly in the same
shall be filled in the same manner as     state or on temporary assignment         business or in or about the same
the original appointment. A person       outside thereof, and executive offi-      establishment under any contract


                                                           7
OHIO ISSUES REPORT

of hire, express or implied, oral or     (viii) The person is required to de-     independent contractor or subcon-
written, including aliens and mi-        vote full time to the business of the    tractor who has failed to pay into
nors, household workers who earn         other contracting party;                 the state insurance fund the amount
one hundred sixty dollars or more in                                              of premium determined and fixed
cash in any calendar quarter from a      (ix) The person is required to per-      by the administrator of workers’
single household and casual work-        form the work on the premises of         compensation for the person’s em-
ers who earn one hundred sixty dol-      the other contracting party;             ployment or occupation or if a self-
lars or more in cash in any calendar                                              insuring employer has failed to pay
quarter from a single employer, or       (x) The person is required to follow     compensation and benefits directly
(ii) is bound by any such contract       the order of work set by the other       to the employer’s injured and to the
of hire or by any other written con-     contracting party;                       dependents of the employer’s killed
tract, to pay into the state insurance                                            employees as required by section
fund the premiums provided by this       (xi) The person is required to make      4123.35 of the Revised Code, shall
chapter.                                 oral or written reports of progress to   be considered as the employee of
                                         the other contracting party;             the person who has entered into a
(c) Every person who performs la-                                                 contract, whether written or verbal,
bor or provides services pursuant to     (xii) The person is paid for services    with such independent contractor
a construction contract, as defined       on a regular basis such as hourly,       unless such employees or their le-
in section 4123.79 of the Revised        weekly, or monthly;                      gal representatives or beneficiaries
Code, if at least ten of the following                                            elect, after injury or death, to regard
criteria apply:                          (xiii) The person’s expenses are paid    such independent contractor as the
                                         for by the other contracting party;      employer.
(i) The person is required to comply
with instructions from the other con-    (xiv) The person’s tools and materi-     (2) “Employee” does not mean:
tracting party regarding the manner      als are furnished by the other con-
or method of performing services;        tracting party;                          (a) A duly ordained, commissioned,
                                                                                  or licensed minister or assistant or
(ii) The person is required by the       (xv) The person is provided with the     associate minister of a church in the
other contracting party to have par-     facilities used to perform services;     exercise of ministry;
ticular training;
                                         (xvi) The person does not realize a      (b) Any officer of a family farm cor-
(iii) The person’s services are inte-    profit or suffer a loss as a result of    poration;
grated into the regular functioning      the services provided;
of the other contracting party;                                                   (c) An individual incorporated as a
                                         (xvii) The person is not performing      corporation; or
(iv) The person is required to per-      services for a number of employers
form the work personally;                at the same time;                        (d) An individual who otherwise
                                                                                  is an employee of an employer but
(v) The person is hired, supervised,     (xviii) The person does not make         who signs the waiver and affida-
or paid by the other contracting         the same services available to the       vit specified in section 4123.15 of
party;                                   general public;                          the Revised Code on the condition
                                                                                  that the administrator has granted
(vi) A continuing relationship exists    (xix) The other contracting party        a waiver and exception to the in-
between the person and the other         has a right to discharge the person;     dividual’s employer under section
contracting party that contemplates                                               4123.15 of the Revised Code.
continuing or recurring work even if     (xx) The person has the right to
the work is not full time;               end the relationship with the other      Any employer may elect to include
                                         contracting party without incurring      as an “employee” within this chap-
(vii) The person’s hours of work are     liability pursuant to an employment      ter, any person excluded from the
established by the other contracting     contract or agreement.                   definition of “employee” pursuant to
party;                                                                            division (A)(2) of this section. If an
                                         Every person in the service of any       employer is a partnership, sole pro-


                                                           8
                                                                   GENERAL ELECTION, NOVEMBER 7, 2006

prietorship, individual incorporated     (1) The state, including state hos-      jury or occupational disease sus-
as a corporation, or family farm cor-    pitals, each county, municipal cor-      tained by that claimant or where the
poration, such employer may elect        poration, township, school district,     claimant’s psychiatric conditions
to include as an “employee” within       and hospital owned by a political        have arisen from sexual conduct in
this chapter, any member of such         subdivision or subdivisions other        which the claimant was forced by
partnership, the owner of the sole       than the state;                          threat of physical harm to engage or
proprietorship, the individual incor-                                             participate;
porated as a corporation, or the offi-    (2) Every person, firm, professional
cers of the family farm corporation.     employer organization as defined          (2) Injury or disability caused pri-
In the event of an election, the em-     in section 4125.01 of the Revised        marily by the natural deterioration
ployer shall serve upon the bureau       Code, and private corporation, in-       of tissue, an organ, or part of the
of workers’ compensation written         cluding any public service corpora-      body;
notice naming the persons to be          tion, that (a) has in service one or
covered, include such employee’s         more employees or shared employ-         (3) Injury or disability incurred in
remuneration for premium purposes        ees regularly in the same business or    voluntary participation in an em-
in all future payroll reports, and no    in or about the same establishment       ployer-sponsored recreation or fit-
person excluded from the definition       under any contract of hire, express      ness activity if the employee signs
of “employee” pursuant to division       or implied, oral or written, or (b) is   a waiver of the employee’s right to
(A)(2) of this section, proprietor,      bound by any such contract of hire       compensation or benefits under this
individual incorporated as a corpo-      or by any other written contract, to     chapter prior to engaging in the rec-
ration, or partner shall be deemed       pay into the insurance fund the pre-     reation or fitness activity;
an employee within this division         miums provided by this chapter.
until the employer has served such                                                (4) A condition that pre-existed an
notice.                                  All such employers are subject           injury unless that pre-existing con-
                                         to this chapter. Any member of a         dition is substantially aggravated by
For informational purposes only,         firm or association, who regularly        the injury. Such a substantial aggra-
the bureau shall prescribe such lan-     performs manual labor in or about        vation must be documented by ob-
guage as it considers appropriate,       a mine, factory, or other establish-     jective diagnostic findings, objec-
on such of its forms as it considers     ment, including a household estab-       tive clinical findings, or objective
appropriate, to advise employers         lishment, shall be considered an em-     test results. Subjective complaints
of their right to elect to include as    ployee in determining whether such       may be evidence of such a substan-
an “employee” within this chapter        person, firm, or private corporation,     tial aggravation. However, subjec-
a sole proprietor, any member of a       or public service corporation, has in    tive complaints without objective
partnership, an individual incorpo-      its service, one or more employees       diagnostic findings, objective clini-
rated as a corporation, the officers of   and the employer shall report the        cal findings, or objective test results
a family farm corporation, or a per-     income derived from such labor to        are insufficient to substantiate a
son excluded from the definition of       the bureau as part of the payroll of     substantial aggravation.
“employee” under division (A)(2) of      such employer, and such member
this section, that they should check     shall thereupon be entitled to all the   (D) “Child” includes a posthumous
any health and disability insurance      benefits of an employee.                  child and a child legally adopted
policy, or other form of health and                                               prior to the injury.
disability plan or contract, presently   (C) “Injury” includes any injury,
covering them, or the purchase of        whether caused by external acciden-      (E) “Family farm corporation”
which they may be considering,           tal means or accidental in character     means a corporation founded for the
to determine whether such policy,        and result, received in the course       purpose of farming agricultural land
plan, or contract excludes benefits       of, and arising out of, the injured      in which the majority of the voting
for illness or injury that they might    employee’s employment. “Injury”          stock is held by and the majority of
have elected to have covered by          does not include:                        the stockholders are persons or the
workers’ compensation.                                                            spouse of persons related to each
                                         (1) Psychiatric conditions except        other within the fourth degree of
(B) “Employer” means:                    where the claimant’s psychiatric         kinship, according to the rules of
                                         conditions have arisen from an in-       the civil law, and at least one of the


                                                           9
OHIO ISSUES REPORT

related persons is residing on or ac-    privilege to do so, the insertion,       If an action has been commenced in
tively operating the farm, and none      however slight, of any part of the       a court of a county other than a court
of whose stockholders are a corpo-       body or any instrument, apparatus,       of a county having jurisdiction over
ration. A family farm corporation        or other object into the vaginal or      the action, the court, upon notice by
does not cease to qualify under this     anal cavity of another. Penetration,     any party or upon its own motion,
division where, by reason of any de-     however slight, is sufficient to com-     shall transfer the action to a court of
vise, bequest, or the operation of the   plete vaginal or anal intercourse.       a county having jurisdiction.
laws of descent or distribution, the
ownership of shares of voting stock      Sec. 4123.512. (A) The claimant or       Notwithstanding anything to the
is transferred to another person, as     the employer may appeal an order of      contrary in this section, if the com-
long as that person is within the        the industrial commission made un-       mission determines under section
degree of kinship stipulated in this     der division (E) of section 4123.511     4123.522 of the Revised Code that
division.                                of the Revised Code in any injury        an employee, employer, or their
                                         or occupational disease case, other      respective representatives have not
(F) “Occupational disease” means a       than a decision as to the extent of      received written notice of an order
disease contracted in the course of      disability to the court of common        or decision which is appealable to a
employment, which by its causes          pleas of the county in which the         court under this section and which
and the characteristics of its mani-     injury was inflicted or in which the      grants relief pursuant to section
festation or the condition of the em-    contract of employment was made if       4123.522 of the Revised Code, the
ployment results in a hazard which       the injury occurred outside the state,   party granted the relief has sixty
distinguishes the employment in          or in which the contract of employ-      days from receipt of the order un-
character from employment gener-         ment was made if the exposure oc-        der section 4123.522 of the Revised
ally, and the employment creates         curred outside the state. If no com-     Code to file a notice of appeal under
a risk of contracting the disease in     mon pleas court has jurisdiction for     this section.
greater degree and in a different        the purposes of an appeal by the use
manner from the public in general.       of the jurisdictional requirements       (B) The notice of appeal shall state
                                         described in this division, the appel-   the names of the claimant and the
(G) “Self-insuring employer” means       lant may use the venue provisions in     employer, the number of the claim,
an employer who is granted the           the Rules of Civil Procedure to vest     the date of the order appealed from,
privilege of paying compensation         jurisdiction in a court. If the claim    and the fact that the appellant ap-
and benefits directly under section       is for an occupational disease, the      peals therefrom.
4123.35 of the Revised Code, in-         appeal shall be to the court of com-
cluding a board of county commis-        mon pleas of the county in which         The administrator of workers’ com-
sioners for the sole purpose of con-     the exposure which caused the dis-       pensation, the claimant, and the em-
structing a sports facility as defined    ease occurred. Like appeal may be        ployer shall be parties to the appeal
in section 307.696 of the Revised        taken from an order of a staff hear-     and the court, upon the application
Code, provided that the electors of      ing officer made under division (D)       of the commission, shall make the
the county in which the sports fa-       of section 4123.511 of the Revised       commission a party. The party filing
cility is to be built have approved      Code from which the commission           the appeal shall serve a copy of the
construction of a sports facility by     has refused to hear an appeal. The       notice of appeal on the admnistrator
ballot election no later than Novem-     appellant shall file the notice of ap-    of workers’ compensation admin-
ber 6, 1997.                             peal with a court of common pleas        istrator at the central office of the
                                         within sixty days after the date of      bureau of workers’ compensation
(H) “Public employer” means an           the receipt of the order appealed        in Columbus. The administrator
employer as defined in division           from or the date of receipt of the       shall notify the employer that if the
(B)(1) of this section.                  order of the commission refusing         employer fails to become an active
                                         to hear an appeal of a staff hearing     party to the appeal, then the admin-
(I) “Sexual conduct” means vagi-         officer’s decision under division (D)     istrator may act on behalf of the em-
nal intercourse between a male and       of section 4123.511 of the Revised       ployer and the results of the appeal
female; anal intercourse, fellatio,      Code. The filing of the notice of the     could have an adverse effect upon
and cunnilingus between persons          appeal with the court is the only act    the employer’s premium rates.
regardless of gender; and, without       required to perfect the appeal.


                                                          10
                                                                     GENERAL ELECTION, NOVEMBER 7, 2006

(C) The attorney general or one or        taken in accordance with the provi-        shall not exceed twenty-five forty-
more of the attorney general’s as-        sions of the Revised Code, which           two hundred dollars.
sistants or special counsel desig-        deposition may be read in the trial
nated by the attorney general shall       of the action even though the phy-         (G) If the finding of the court or the
represent the administrator and the       sician is a resident of or subject to      verdict of the jury is in favor of the
commission. In the event the attor-       service in the county in which the         claimant’s right to participate in the
ney general or the attorney gener-        trial is had. The bureau of workers’       fund, the commission and the ad-
al’s designated assistants or special     compensation shall pay the cost of         ministrator shall thereafter proceed
counsel are absent, the administra-       the stenographic deposition filed           in the matter of the claim as if the
tor or the commission shall select        in court and of copies of the steno-       judgment were the decision of the
one or more of the attorneys in the       graphic deposition for each party          commission, subject to the power
employ of the administrator or the        from the surplus fund and charge           of modification provided by section
commission as the administrator’s         the costs thereof against the unsuc-       4123.52 of the Revised Code.
attorney or the commission’s attor-       cessful party if the claimant’s right
ney in the appeal. Any attorney so        to participate or continue to par-         (H) An appeal from an order is-
employed shall continue the repre-        ticipate is finally sustained or es-        sued under division (E) of section
sentation during the entire period of     tablished in the appeal. In the event      4123.511 of the Revised Code or
the appeal and in all hearings there-     the deposition is taken and filed, the      any action filed in court in a case
of except where the continued rep-        physician whose deposition is taken        in which an award of compensation
resentation becomes impractical.          is not required to respond to any          has been made shall not stay the
                                          subpoena issued in the trial of the        payment of compensation under the
(D) Upon receipt of notice of appeal,     action. The court, or the jury under       award or payment of compensation
the clerk of courts shall provide no-     the instructions of the court, if a jury   for subsequent periods of total dis-
tice to all parties who are appellees     is demanded, shall determine the           ability during the pendency of the
and to the commission.                    right of the claimant to participate       appeal. If, in a final administrative
                                          or to continue to participate in the       or judicial action, it is determined
The claimant shall, within thirty         fund upon the evidence adduced at          that payments of compensation or
days after the filing of the notice of     the hearing of the action.                 benefits, or both, made to or on be-
appeal, file a petition containing a                                                  half of a claimant should not have
statement of facts in ordinary and        (E) The court shall certify its de-        been made, the amount thereof shall
concise language showing a cause          cision to the commission and the           be charged to the surplus fund un-
of action to participate or to con-       certificate shall be entered in the         der division (B) of section 4123.34
tinue to participate in the fund and      records of the court. Appeals from         of the Revised Code. In the event
setting forth the basis for the juris-    the judgment are governed by the           the employer is a state risk, the
diction of the court over the action.     law applicable to the appeal of civil      amount shall not be charged to the
Further pleadings shall be had in         actions.                                   employer’s experience. In the event
accordance with the Rules of Civil                                                   the employer is a self-insuring em-
Procedure, provided that service          (F) The cost of any legal proceed-         ployer, the self-insuring employer
of summons on such petition shall         ings authorized by this section,           shall deduct the amount from the
not be required and provided that         including an attorney’s fee to the         paid compensation the self-insuring
the claimant may not dismiss the          claimant’s attorney to be fixed by the      employer reports to the adminis-
complaint without the employer’s          trial judge, based upon the effort ex-     trator under division (L) of section
consent if the employer is the par-       pended, in the event the claimant’s        4123.35 of the Revised Code. All
ty that filed the notice of appeal to      right to participate or to continue
court pursuant to this section. The       to participate in the fund is estab-       A self-insuring employer may elect
clerk of the court shall, upon receipt    lished upon the final determination         to pay compensation and benefits
thereof, transmit by certified mail a      of an appeal, shall be taxed against       under this section directly to an em-
copy thereof to each party named in       the employer or the commission if          ployee or an employee’s dependents
the notice of appeal other than the       the commission or the administrator        by filing an application with the bu-
claimant. Any party may file with          rather than the employer contested         reau of workers’ compensation not
the clerk prior to the trial of the ac-   the right of the claimant to partici-      more than one hundred eighty days
tion a deposition of any physician        pate in the fund. The attorney’s fee       and not less than ninety days before


                                                            11
OHIO ISSUES REPORT

the first day of the employer’s next      the industrial commission and the        diction to determine the questions
six-month coverage period. If the        authority of the administrator of        raised by any application for modi-
self-insuring employer timely files       workers’ compensation over each          fication of award which has been
the application, the application is      case is continuing, and the commis-      filed with the commission after June
effective on the first day of the em-     sion may make such modification or        1, 1932, and prior to the expiration
ployer’s next six-month coverage         change with respect to former find-       of the applicable period but in re-
period, provided that the adminis-       ings or orders with respect thereto,     spect to which no award has been
trator shall compute the employer’s      as, in its opinion is justified. No       granted or denied during the appli-
assessment for the surplus fund          modification or change nor any find-       cable period.
due with respect to the period dur-      ing or award in respect of any claim
ing which that application was filed      shall be made with respect to dis-       The commission may, by general
without regard to the filing of the       ability, compensation, dependency,       rules, provide for the destruction of
application. On and after the effec-     or benefits, after six five years from     files of cases in which no further ac-
tive date of the employer’s election,    the date of injury in the absence of     tion may be taken.
the self-insuring employer shall pay     the payment of medical benefits
directly to an employee or to an         under this chapter, in which event       The commission and administra-
employee’s dependents compensa-          the modification, change, finding,         tor of workers’ compensation each
tion and benefits under this section      or award shall be made within six        may, by general rules, provide for
regardless of the date of the injury     years after the payment of medical       the retention and destruction of all
or occupational disease, and the         benefits, or in the absence of pay-       other records in their possession or
employer shall receive no money          ment of compensation under sec-          under their control pursuant to sec-
or credits from the surplus fund on      tion 4123.57, 4123.58, or division       tion 121.211 and sections 149.34 to
account of those payments and shall      (A) or (B) of section 4123.56 of         149.36 of the Revised Code. The bu-
not be required to pay any amounts       the Revised Code or wages in lieu        reau of workers’ compensation may
into the surplus fund on account of      of compensation in a manner so as        purchase or rent required equipment
this section. The election made un-      to satisfy the requirements of sec-      for the document retention media,
der this division is irrevocable.        tion 4123.84 of the Revised Code,        as determined necessary to preserve
                                         in which event the modification,          the records. Photographs, micropho-
All actions and proceedings under        change, finding, or award shall be        tographs, microfilm, films, or other
this section which are the subject of    made within ten five years from the       direct document retention media,
an appeal to the court of common         date of the last payment of compen-      when properly identified, have the
pleas or the court of appeals shall be   sation or from the date of death, nor    same effect as the original record
preferred over all other civil actions   unless written notice of claim for       and may be offered in like manner
except election causes, irrespective     the specific part or parts of the body    and may be received as evidence in
of position on the calendar.             injured or disabled has been given       proceedings before the industrial
                                         as provided in section 4123.84 or        commission, staff hearing officers,
This section applies to all decisions    4123.85 of the Revised Code, and         and district hearing officers, and in
of the commission or the adminis-        the. The commission shall not make       any court where the original record
trator on November 2, 1959, and all      any modification, change, finding,         could have been introduced.
claims filed thereafter are governed      or award which shall award com-
by sections 4123.511 and 4123.512        pensation for a back period in ex-       Sec. 4123.54. (A) Every employee,
of the Revised Code.                     cess of two years prior to the date      who is injured or who contracts an
                                         of filing application therefor. This      occupational disease, and the de-
Any action pending in common             section does not affect the right of a   pendents of each employee who is
pleas court or any other court on        claimant to compensation accruing        killed, or dies as the result of an oc-
January 1, 1986, under this sec-         subsequent to the filing of any such      cupational disease contracted in the
tion is governed by former sections      application, provided the applica-       course of employment, wherever
4123.514, 4123.515, 4123.516, and        tion is filed within the time limit       such injury has occurred or occupa-
4123.519 and section 4123.522 of         provided in this section.                tional disease has been contracted,
the Revised Code.                                                                 provided the same were not:
                                         This section does not deprive the
Sec. 4123.52. The jurisdiction of        commission of its continuing juris-      (1) Purposely self-inflicted; or


                                                          12
                                                                    GENERAL ELECTION, NOVEMBER 7, 2006

(2) Caused by the employee being          of the Revised Code;                     per milliliter of urine;
intoxicated or under the influence
of a controlled substance not pre-        (b) The employee, through a quali-       (iv) For opiates, two thousand nano-
scribed by a physician where the          fying chemical test administered         grams per milliliter of urine;
intoxication or being under the in-       within thirty-two hours of an injury,
fluence of the controlled substance        is determined to have one of the fol-    (v) For phencyclidine, twenty-five
not prescribed by a physician was         lowing controlled substances not         nanograms per milliliter of urine.
the proximate cause of the injury,        prescribed by the employee’s physi-
is entitled to receive, either directly   cian in the employee’s system that       (d) The employee, through a quali-
from the employee’s self-insuring         tests above the following levels in      fying chemical test administered
employer as provided in section           an enzyme multiplied immunoassay         within thirty-two hours of an injury,
4123.35 of the Revised Code, or           technique screening test and above       is determined to have barbiturates,
from the state insurance fund, the        the levels established in division       benzodiazepines, methadone, or
compensation for loss sustained on        (B)(3)(1)(c) of this section in a gas    propoxyphene in the employee’s
account of the injury, occupational       chromatography mass spectrometry         system that tests above levels es-
disease, or death, and the medical,       test:                                    tablished by laboratories certified
nurse, and hospital services and                                                   by the United States department of
medicines, and the amount of fu-          (i) For amphetamines, one thousand       health and human services.
neral expenses in case of death, as       nanograms per milliliter of urine;
are provided by this chapter.                                                      (2) When the employee refuses to
                                          (ii) For cannabinoids, fifty nano-        submit to a requested chemical test,
(B) For the purpose of this section,      grams per milliliter of urine;           on the condition that that employee
provided that an employer has post-                                                is or was given notice that the re-
ed written notice to employees that       (iii) For cocaine, including crack       fusal to submit to any chemical test
the results of, or the employee’s re-     cocaine, three hundred nanograms         described in division (B)(1) of this
fusal to submit to, any chemical test     per milliliter of urine;                 section may affect the employee’s
described under this division may                                                  eligibility for compensation and
affect the employee’s eligibility for     (iv) For opiates, two thousand nano-     benefits under this chapter and
compensation and benefits pursuant         grams per milliliter of urine;           Chapter 4121. of the Revised Code.
to this chapter and Chapter 4121. of
the Revised Code, there is a rebut-       (v) For phencyclidine, twenty-five        (C)(1) For purposes of division (B)
table presumption that an employee        nanograms per milliliter of urine.       of this section, a chemical test is a
is intoxicated or under the influence                                               qualifying chemical test if it is ad-
of a controlled substance not pre-        (c) The employee, through a quali-       ministered to an employee after an
scribed by the employee’s physi-          fying chemical test administered         injury under at least one of the fol-
cian and that being intoxicated or        within thirty-two hours of an injury,    lowing conditions:
under the influence of a controlled        is determined to have one of the fol-
substance not prescribed by the em-       lowing controlled substances not         (a) When the employee’s employer
ployee’s physician is the proximate       prescribed by the employee’s physi-      had reasonable cause to suspect that
cause of an injury under either of        cian in the employee’s system that       the employee may be intoxicated or
the following conditions:                 tests above the following levels by      under the influence of a controlled
                                          a gas chromatography mass spec-          substance not prescribed by the em-
(1) When any one or more of the           trometry test:                           ployee’s physician;
following is true:
                                          (i) For amphetamines, five hundred        (b) At the request of a police officer
(a) The employee, through a quali-        nanograms per milliliter of urine;       pursuant to section 4511.191 of the
fying chemical test administered                                                   Revised Code, and not at the request
within eight hours of an injury, is       (ii) For cannabinoids, fifteen nano-      of the employee’s employer;
determined to have an alcohol con-        grams per milliliter of urine;
centration level equal to or in excess                                             (c) At the request of a licensed phy-
of the levels established in divisions    (iii) For cocaine, including crack co-   sician who is not employed by the
(A)(1)(b) to (i) of section 4511.19       caine, one hundred fifty nanograms        employee’s employer, and not at


                                                           13
OHIO ISSUES REPORT

the request of the employee’s em-        to pose a substantial risk of physi-     is entered into and all or some por-
ployer.                                  cal injury or property damage and        tion of the work is or is to be per-
                                         that appear to be related to the use     formed in a state or states other
(2) As used in division (C)(1)(a)        of alcohol or a controlled substance     than Ohio, the employer and the
of this section, “reasonable cause”      and that do not appear attributable      employee may agree to be bound
means, but is not limited to, evi-       to other factors.                        by the laws of this state or by the
dence that an employee is or was                                                  laws of some other state in which
using alcohol or a controlled sub-       (D) Nothing in this section shall be     all or some portion of the work of
stance drawn from specific, objec-        construed to affect the rights of an     the employee is to be performed.
tive facts and reasonable inferences     employer to test employees for alco-     The agreement shall be in writing
drawn from these facts in light of       hol or controlled substance abuse.       and shall be filed with the bureau of
experience and training. These facts                                              workers’ compensation within ten
and inferences may be based on, but      (E) For the purpose of this section,     days after it is executed and shall
are not limited to, any of the follow-   laboratories certified by the United      remain in force until terminated or
ing:                                     States department of health and hu-      modified by agreement of the par-
                                         man services or laboratories that        ties similarly filed. If the agreement
(a) Observable phenomena, such as        meet or exceed the standards of that     is to be bound by the laws of this
direct observation of use, posses-       department for laboratory certifica-      state and the employer has complied
sion, or distribution of alcohol or a    tion shall be used for processing the    with this chapter, then the employee
controlled substance, or of the phys-    test results of a qualifying chemical    is entitled to compensation and ben-
ical symptoms of being under the         test.                                    efits regardless of where the injury
influence of alcohol or a controlled                                               occurs or the disease is contracted
substance, such as but not limited to    (F) The written notice required by       and the rights of the employee and
slurred speech, dilated pupils, odor     division (B) of this section shall be    the employee’s dependents under
of alcohol or a controlled substance,    the same size or larger then the cer-    the laws of this state are the exclu-
changes in affect, or dynamic mood       tificate of premium payment notice        sive remedy against the employer
swings;                                  furnished by the bureau of workers’      on account of injury, disease, or
                                         compensation and shall be posted         death in the course of and arising
(b) A pattern of abnormal conduct,       by the employer in the same loca-        out of the employee’s employment.
erratic or aberrant behavior, or de-     tion as the certificate of premium        If the agreement is to be bound by
teriorating work performance such        payment notice or the certificate of      the laws of another state and the em-
as frequent absenteeism, excessive       self-insurance.                          ployer has complied with the laws of
tardiness, or recurrent accidents,                                                that state, the rights of the employee
that appears to be related to the use    (G) If a condition that pre-existed an   and the employee’s dependents
of alcohol or a controlled substance,    injury is substantially aggravated by    under the laws of that state are the
and does not appear to be attribut-      the injury, and that substantial ag-     exclusive remedy against the em-
able to other factors;                   gravation is documented by objec-        ployer on account of injury, disease,
                                         tive diagnostic findings, objective       or death in the course of and arising
(c) The identification of an em-          clinical findings, or objective test      out of the employee’s employment
ployee as the focus of a criminal        results, no compensation or benefits      without regard to the place where
investigation into unauthorized pos-     are payable because of the pre-ex-       the injury was sustained or the dis-
session, use, or trafficking of a con-    isting condition once that condition     ease contracted.
trolled substance;                       has returned to a level that would
                                         have existed without the injury.         If any employee or the employee’s
(d) A report of use of alcohol or a                                               dependents are awarded workers’
controlled substance provided by a       (H) Whenever, with respect to an         compensation benefits or recover
reliable and credible source;            employee of an employer who is           damages from the employer under
                                         subject to and has complied with         the laws of another state, the amount
(e) Repeated or flagrant violations       this chapter, there is possibility of    awarded or recovered, whether paid
of the safety or work rules of the       conflict with respect to the applica-     or to be paid in future installments,
employee’s employer, that are deter-     tion of workers’ compensation laws       shall be credited on the amount of
mined by the employee’s supervisor       because the contract of employment       any award of compensation or ben-


                                                          14
                                                                     GENERAL ELECTION, NOVEMBER 7, 2006

efits made to the employee or the           employee’s wage is less than thirty-     or otherwise, does not preclude the
employee’s dependents by the bu-           three and one-third per cent of the      commencement of temporary total
reau.                                      minimum statewide average weekly         disability at another point in time if
                                           wage, in which event the employee        the employee again becomes tem-
If an employee is a resident of a          shall receive compensation equal         porarily totally disabled.
state other than this state and is in-     to the employee’s full wages; pro-
sured under the workers’ compensa-         vided that for the first twelve weeks     After two hundred weeks of tem-
tion law or similar laws of a state        of total disability the employee shall   porary total disability benefits, the
other than this state, the employee        receive seventy-two per cent of the      medical section of the bureau of
and the employee’s dependents are          employee’s full weekly wage, but         workers’ compensation shall sched-
not entitled to receive compensa-          not to exceed a maximum amount           ule the claimant for an examina-
tion or benefits under this chapter,        of weekly compensation which is          tion for an evaluation to determine
on account of injury, disease, or          equal to the lesser of the statewide     whether or not the temporary dis-
death arising out of or in the course      average weekly wage as defined in         ability has become permanent. A
of employment while temporarily            division (C) of section 4123.62 of       self-insuring employer shall notify
within this state, and the rights of       the Revised Code or one hundred          the bureau immediately after pay-
the employee and the employee’s            per cent of the employee’s net take-     ment of two hundred weeks of tem-
dependents under the laws of the           home weekly wage. In the case of         porary total disability and request
other state are the exclusive remedy       a self-insuring employer, payments       that the bureau schedule the claim-
against the employer on account of         shall be for a duration based upon       ant for such an examination.
the injury, disease, or death.             the medical reports of the attending
                                           physician. If the employer disputes      When the employee is awarded
(H)(I) Compensation or benefits are         the attending physician’s report,        compensation for temporary total
not payable to a claimant during the       payments may be terminated only          disability for a period for which
period of confinement of the claim-         upon application and hearing by a        the employee has received benefits
ant in any state or federal correc-        district hearing officer pursuant to      under Chapter 4141. of the Re-
tional institution, or in any county       division (C) of section 4123.511 of      vised Code, the bureau shall pay
jail in lieu of incarceration in a state   the Revised Code. Payments shall         an amount equal to the amount re-
or federal correctional institution,       continue pending the determina-          ceived from the award to the direc-
whether in this or any other state for     tion of the matter, however payment      tor of job and family services and
conviction of violation of any state       shall not be made for the period         the director shall credit the amount
or federal criminal law.                   when any employee has returned to        to the accounts of the employers
                                           work, when an employee’s treating        to whose accounts the payment of
Sec. 4123.56. (A) Except as pro-           physician has made a written state-      benefits was charged or is charge-
vided in division (D) of this section,     ment that the employee is capable        able to the extent it was charged or
in the case of temporary disability,       of returning to the employee’s for-      is chargeable.
an employee shall receive sixty-           mer position of employment, when
six and two-thirds per cent of the         work within the physical capabili-       If any compensation under this
employee’s average weekly wage             ties of the employee is made avail-      section has been paid for the same
so long as such disability is total,       able by the employer or another          period or periods for which tempo-
not to exceed a maximum amount             employer, or when the employee           rary nonoccupational accident and
of weekly compensation which               has reached the maximum medical          sickness insurance is or has been
is equal to the statewide average          improvement. Where the employee          paid pursuant to an insurance policy
weekly wage as defined in divi-             is capable of work activity, but the     or program to which the employer
sion (C) of section 4123.62 of the         employee’s employer is unable to         has made the entire contribution or
Revised Code, and not less than a          offer the employee any employ-           payment for providing insurance or
minimum amount of compensation             ment, the employee shall register        under a nonoccupational accident
which is equal to thirty-three and         with the director of job and family      and sickness program fully funded
one-third per cent of the statewide        services, who shall assist the em-       by the employer, compensation paid
average weekly wage as defined              ployee in finding suitable employ-        under this section for the period or
in division (C) of section 4123.62         ment. The termination of temporary       periods shall be paid only to the ex-
of the Revised Code unless the             total disability, whether by order       tent by which the payment or pay-


                                                            15
OHIO ISSUES REPORT

ments exceeds the amount of the        (2) If an employee in a claim al-        shall be reimbursed the total amount
nonoccupational insurance or pro-      lowed under this chapter suffers a       of the advanced payments out of any
gram paid or payable. Offset of the    wage loss as a result of being unable    award of compensation made pursu-
compensation shall be made only        to find employment consistent with        ant to sections 4123.56 to 4123.58
upon the prior order of the bureau     the employee’s disability resulting      of the Revised Code.
or industrial commission or agree-     from the employee’s injury or oc-
ment of the claimant.                  cupational disease, the employee         (D) If an employee receives tempo-
                                       shall receive compensation at sixty-     rary total disability benefits pursu-
As used in this division, “net take-   six and two-thirds per cent of the       ant to division (A) of this section
home weekly wage” means the            difference between the employee’s        and social security retirement bene-
amount obtained by dividing an em-     average weekly wage and the em-          fits pursuant to the “Social Security
ployee’s total remuneration, as de-    ployee’s present earnings, not to ex-    Act,” the weekly benefit amount un-
fined in section 4141.01 of the Re-     ceed the statewide average weekly        der division (A) of this section shall
vised Code, paid to or earned by the   wage. The payments may continue          not exceed sixty-six and two-thirds
employee during the first four of the   for up to a maximum of fifty-two          per cent of the statewide average
last five completed calendar quarters   weeks. The first twenty-six weeks         weekly wage as defined in division
which immediately precede the first     of payments under division (B)(2)        (C) of section 4123.62 of the Re-
day of the employee’s entitlement to   of this section shall be in addition     vised Code.
benefits under this division, by the    to the maximum of two hundred
number of weeks during which the       weeks of payments allowed under          Sec. 4123.58. (A) In cases of per-
employee was paid or earned remu-      division (B)(1) of this section. If an   manent total disability, the employ-
neration during those four quarters,   employee in a claim allowed under        ee shall receive an award to continue
less the amount of local, state, and   this chapter receives compensation       until his the employee’s death in the
federal income taxes deducted for      under division (B)(2) of this section    amount of sixty-six and two-thirds
each such week.                        in excess of twenty-six weeks, the       per cent of his the employee’s av-
                                       number of weeks of compensation          erage weekly wage, but, except as
(B) Where (1) If an employee in a      allowable under division (B)(1) of       otherwise provided in division (B)
claim allowed under this chapter       this section shall be reduced by the     of this section, not more than a max-
suffers a wage loss as a result of     corresponding number of weeks in         imum amount of weekly compensa-
returning to employment other than     excess of twenty-six, and up to fifty-    tion which is equal to sixty-six and
the employee’s former position of      two, that is allowable under division    two-thirds per cent of the statewide
employment or as a result of being     (B)(1) of this section.                  average weekly wage as defined in
unable to find employment consis-                                                division (C) of section 4123.62 of
tent with the claimant’s physical      (3) The number of weeks of wage          the Revised Code in effect on the
capabilities due to an injury or oc-   loss payable to an employee under        date of injury or on the date the
cupational disease, the employee       divisions (B)(1) and (2) of this sec-    disability due to the occupational
shall receive compensation at sixty-   tion shall not exceed two hundred        disease begins, nor not less than a
six and two-thirds per cent of the     and twenty-six weeks in the aggre-       minimum amount of weekly com-
difference between the employee’s      gate.                                    pensation which is equal to fifty per
average weekly wage loss and the                                                cent of the statewide average week-
employee’s present earnings not to     (C) In the event an employee of a        ly wage as defined in division (C)
exceed the statewide average week-     professional sports franchise domi-      of section 4123.62 of the Revised
ly wage for a period not to exceed     ciled in this state is disabled as the   Code in effect on the date of injury
two hundred weeks. The payments        result of an injury or occupational      or on the date the disability due to
may continue for up to a maximum       disease, the total amount of pay-        the occupational disease begins, un-
of two hundred weeks, but the pay-     ments made under a contract of hire      less the employee’s average weekly
ments shall be reduced by the corre-   or collective bargaining agreement       wage is less than fifty per cent of
sponding number of weeks in which      to the employee during a period of       the statewide average weekly wage
the employee receives payments         disability is deemed an advanced         at the time of the injury, in which
pursuant to division (B) of section    payment of compensation payable          event he the employee shall receive
4121.67 Of the Revised Code.           under sections 4123.56 to 4123.58        compensation in an amount equal to
                                       of the Revised Code. The employer        his the employee’s average weekly


                                                        16
                                                                   GENERAL ELECTION, NOVEMBER 7, 2006

wage.                                    reasons, whether individually or in      wage of an injured employee at the
                                         combination:                             time of the injury or at the time dis-
(B) In the event the weekly work-                                                 ability due to the occupational dis-
ers’ compensation amount when            (1) Impairments of the employee          ease begins is the basis upon which
combined with disability benefits         that are not the result of an allowed    to compute benefits.
received pursuant to the Social Se-      injury or occupational disease;
curity Act is less than the statewide                                             In cases of temporary total disabil-
average weekly wage as defined in         (2) Solely the employee’s age or ag-     ity the compensation for the first
division (C) of section 4123.62 of       ing;                                     twelve weeks for which compensa-
the Revised Code, then the maxi-                                                  tion is payable shall be based on the
mum amount of weekly compensa-           (3) The employee retired or oth-         full weekly wage of the claimant at
tion shall be the statewide average      erwise voluntarily abandoned the         the time of the injury or at the time
weekly wage as defined in division        workforce for reasons unrelated to       of the disability due to occupation-
(C) of section 4123.62 of the Re-        the allowed injury or occupational       al disease begins; when a factory,
vised Code. At any time that social      disease.                                 mine, or other place of employment
security disability benefits terminate                                             is working short time in order to
or are reduced, the workers’ com-        (4) The employee has not engaged         divide work among the employees,
pensation award shall be recom-          in educational or rehabilitative ef-     the bureau of workers’ compensa-
puted to pay the maximum amount          forts to enhance the employee’s em-      tion shall take that fact into consid-
permitted under this division.           ployability, unless such efforts are     eration when determining the wage
                                         determined to be in vain.                for the first twelve weeks of tempo-
(C) The loss or loss of Permanent                                                 rary total disability.
total disability shall be compensated    (E) Compensation payable under
according to this section only when      this section for permanent total dis-    Compensation for all further tem-
at least one of the following applies    ability is in addition to benefits pay-   porary total disability shall be based
to the claimant:                         able under division (B) of section       as provided for permanent disability
                                         4123.57 of the Revised Code.             claims.
(1) The claimant has lost, or lost the
use of both hands or both arms, or       (F) If an employee is awarded com-       In death, permanent total disability
both feet or both legs, or both eyes,    pensation for permanent total dis-       claims, permanent partial disability
or of any two thereof, constitutes       ability under this section because       claims, and impairment of earnings
total and permanent disability, to be    the employee sustained a traumatic       claims, the claimant’s or the dece-
compensated according to this sec-       brain injury, the employee is enti-      dent’s average weekly wage for the
tion. Compensation; however, the         tled to that compensation regardless     year preceding the injury or the date
loss or loss of use of one limb does     of the employee’s employment in a        the disability due to the occupation-
not constitute the loss or loss of use   sheltered workshop subsequent to         al disease begins is the weekly wage
of two body parts;                       the award, on the condition that the     upon which compensation shall be
                                         employee does not receive income,        based. In ascertaining the average
(2) The impairment resulting from        compensation, or remuneration            weekly wage for the year previous
the employee’s injury or occupa-         from that employment in excess of        to the injury, or the date the disabil-
tional disease prevents the em-          two thousand dollars in any calen-       ity due to the occupational disease
ployee from engaging in sustained        dar quarter. As used in this division,   begins any period of unemployment
remunerative employment utilizing        “sheltered workshop” means a state       due to sickness, industrial depres-
the employment skills that the em-       agency or nonprofit organization es-      sion, strike, lockout, or other cause
ployee has or may reasonably be          tablished to carry out a program of      beyond the employee’s control shall
expected to develop.                     rehabilitation for handicapped indi-     be eliminated.
                                         viduals or to provide these individu-
(D) Permanent total disability shall     als with remunerative employment         In cases where there are special cir-
not be compensated when the reason       or other occupational rehabilitating     cumstances under which the average
the employee is unable to engage         activity.                                weekly wage cannot justly be deter-
in sustained remunerative employ-                                                 mined by applying this section, the
ment is due to any of the following      Sec. 4123.61. The average weekly         administrator of workers’ compen-


                                                          17
OHIO ISSUES REPORT

sation, in determining the average      and the employer still is doing busi-     and employers, or after the self-insur-
weekly wage in such cases, shall use    ness in this state, the administrator     ing employer and employee sign the
such method as will enable him the      shall send written notice of the appli-   final settlement agreement. During
administrator to do substantial jus-    cation to the employer immediately        the thirty-day period, the employer,
tice to the claimants, provided that    upon receipt of the application. If the   employee, or administrator, for state
the administrator shall not recalcu-    employer fails to respond to the no-      fund settlements, and the employer
late the claimant’s average weekly      tice within thirty days after the no-     or employee, for self-insuring settle-
wage for awards for permanent total     tice is sent, the application need not    ments, may withdraw consent to the
disability solely for the reason that   contain the employer’s signature.         settlement by an employer provid-
the claimant continued working and                                                ing written notice to the employer’s
the claimant’s wages increased fol-     If a state fund employer or an em-        employee and the administrator or by
lowing the injury.                      ployee of such an employer has            an employee providing written notice
                                        not filed an application for a final        to the employee’s employer and the
Sec. 4123.65. (A) A state fund em-      settlement under this division, the       administrator, or by the administrator
ployer or the employee of such an       administrator may file an applica-         providing written notice to the state
employer may file an application         tion on behalf of the employer or         fund employer and employee. If an
with the administrator of work-         the employee, provided that the ad-       employee dies during the thirty-day
ers’ compensation for approval of       ministrator gives notice of the filing     waiting period following the ap-
a final settlement of a claim under      to the employer and the employee          proval of a settlement, the settlement
this chapter. The application shall     and to the representative of record       can be voided by any party for good
include the settlement agreement,       of the employer and of the employ-        cause shown.
and except as otherwise specified        ee immediately upon the filing. An
in this division, be signed by the      application filed by the administra-       (D) At the time of agreement to any
claimant and employer, and clearly      tor shall contain all of the informa-     final settlement agreement under divi-
set forth the circumstances by rea-     tion and signatures required of an        sion (A) of this section or agreement
son of which the proposed settle-       employer or an employee who files          between a self-insuring employer and
ment is deemed desirable and that       an application under this division.       the self-insuring employer’s employ-
the parties agree to the terms of the   Every self-insuring employer that         ee, the administrator, for state fund
settlement agreement provided that      enters into a final settlement agree-      settlements, and the self-insuring em-
the agreement need not be signed        ment with an employee shall mail,         ployer, for self-insuring settlements,
by the employer if the. A claimant      within seven days of executing the        immediately shall send a copy of the
may file an application without an       agreement, a copy of the agreement        agreement to the industrial commis-
employer’s signature in the follow-     to the administrator and the employ-      sion who shall assign the matter to a
ing situations:                         ee’s representative. The administra-      staff hearing officer. The staff hear-
                                        tor shall place the agreement into the    ing officer shall determine, within the
(1) The employer is no longer doing     claimant’s file.                           time limitations specified in division
business in Ohio. If;                                                             (C) of this section, whether the settle-
                                        (B) Except as provided in divisions       ment agreement is or is not a gross
(2) The claim no longer is in the       (C) and (D) of this section, a settle-    miscarriage of justice. If the staff
employer’s industrial accident or       ment agreed to under this section is      hearing officer determines within that
occupational disease experience as      binding upon all parties thereto and      time period that the settlement agree-
provided in division (B) of section     as to items, injuries, and occupation-    ment is clearly unfair, the staff hear-
4123.34 of the Revised Code and         al diseases to which the settlement       ing officer shall issue an order disap-
the claimant no longer is employed      applies.                                  proving the settlement agreement. If
with that employer;                                                               the staff hearing officer determines
                                        (C) No settlement agreed to under         that the settlement agreement is not
(3) The employer has failed to com-     division (A) of this section or agreed    clearly unfair or fails to act within
ply with section 4123.35 of the Re-     to by a self-insuring employer and        those time limits, the settlement
vised Code.                             the self-insuring employer’s employ-      agreement is approved.
                                        ee shall take effect until thirty days
If a claimant files an application       after the administrator approves the      (E) A settlement entered into under
without an employer’s signature,        settlement for state fund employees       this section may pertain to one or


                                                         18
                                                                     GENERAL ELECTION, NOVEMBER 7, 2006

more claims of a claimant, or one or      examining or cause another person         (D)(1) Upon receiving a written re-
more parts of a claim, or the com-        to examine any such file. No district      quest made and signed by a journalist,
pensation or benefits pertaining to        or staff hearing officer or other em-      the commission or the bureau shall
either, or any combination thereof,       ployee of the bureau or commission,       disclose to the journalist the address
provided that nothing in this sec-        notwithstanding the provisions of         or addresses and telephone number
tion shall be interpreted to require      section 4123.27 of the Revised Code,      or numbers of claimants, regardless
a claimant to enter into a settlement     shall divulge any information in re-      of whether their claims are active or
agreement for every claim that has        spect of any claim or appeal which        closed, and the dependents of those
been filed with the bureau of work-        is or may be filed with a district or      claimants.
ers’ compensation by that claimant        staff hearing officer, the bureau, or
under Chapter 4121., 4123., 4127.,        commission to any person other than       (2) A journalist is permitted to request
or 4131. of the Revised Code.             members of the commission or to           the information described in division
                                          the superior of the employee except       (D)(1) of this section for multiple
(F) A settlement entered into under       upon authorization of the adminis-        workers or dependents in one written
this section is not appealable under      trator of workers’ compensation or a      request.
section 4123.511 or 4123.512 of the       member of the commission or upon
Revised Code.                             authorization of the claimant or em-      (3) A journalist shall include all of the
                                          ployer. No                                following in the written request:
Sec. 4123.88. (A) No person shall                                                   (a) The journalist’s name, title, and
orally or in writing, directly or indi-   (B) The records described or referred     signature;
rectly, or through any agent or other     to in division (A) of this section are
person fraudulently hold himself the      not public records as defined in di-       (b) The name and title of the journal-
person’s self out or represent him-       vision (A)(1) of section 149.43 of        ist’s employer;
self the person’s self or his any of      the Revised Code. Any information
the person’s partners or associates       directly or indirectly identifying the    (c) A statement that the disclosure of
as authorized by a claimant or em-        address or telephone number of a          the information sought is in the public
ployer to take charge of, or represent    claimant, regardless of whether the       interest.
the claimant or employer in respect       claimant’s claim is active or closed,
of, any claim or matter in connection     is not a public record. No person         (4) Neither the commission nor the
therewith before the bureau of work-      shall solicit or obtain any such in-      bureau may inquire as to the specific
ers’ compensation or the industrial       formation from any such employee          public interest served by the disclo-
commission or its district or staff       without first having obtained an au-       sure of information requested by a
hearing officers. No person shall di-      thorization therefor as provided in       journalist under division (D) of this
rectly or indirectly solicit authority,   this section.                             section.
or pay or give anything of value to
another person to solicit authority,      (C) Except as otherwise specified in       (E) As used in this section, “journal-
or accept or receive pay or anything      division (D) of this section, informa-    ist” has the same meaning as in divi-
of value from another person for so-      tion kept by the commission or the        sion (B)(5) of section 149.43 of the
liciting authority, from a claimant or    bureau pursuant to this section is for    Revised Code.
employer to take charge of, or repre-     the exclusive use and information of
sent the claimant or employer in re-      the commission and the bureau in          SECTION 2. That existing sec-
spect of, any claim or appeal which       the discharge of their official duties,    tions 2913.48, 3121.034, 3121.037,
is or may be filed with the bureau or      and shall not be open to the public       4111.02, [4121.10, 4121.12,] 4121.44,
commission. No person shall, with-        nor be used in any court in any ac-       4121.441,     [4123.01,]       4123.29,
out prior authority from the bureau,      tion or proceeding pending therein,       4123.32, 4123.35, [4123.512, 4123.52,
a member of the commission, the           unless the commission or the bureau       4123.54, 4123.56,]4123.57, [4123.58,
claimant, or the employer, examine        is a party to the action or proceeding.   4123.61, 4123.65, 4123.88,] 5703.21,
or directly or indirectly cause or em-    The information, however, may be          and 5747.18 of the Revised Code are
ploy another person to examine any        tabulated and published by the com-       hereby repealed. (Only the language
claim file or any other file pertain-       mission or the bureau in statistical      contained in brackets in this section is
ing thereto. No person shall forge        form for the use and information of       being referred to the electors).
an authorization for the purpose of       other state agencies and the public.


                                                            19
OHIO ISSUES REPORT




                             2    PROPOSED AMENDMENT
                                TO THE OHIO CONSTITUTION
                                      (Proposed by Initiative Petition)

  To adopt Section 34a of Article II of the Constitution of the State of Ohio.

  Except as provided in this section, every employer shall pay their employees a wage rate of not less
  than six dollars and eighty-five cents per hour beginning January 1, 2007. On the thirtieth day of
  each September, beginning in 2007, this state minimum wage rate shall be increased effective the
  first day of the following January by the rate of inflation for the twelve month period prior to that
  September according to the consumer price index or its successor index for all urban wage earners
  and clerical workers for all items as calculated by the federal government rounded to the nearest five
  cents. Employees under the age of sixteen and employees of businesses with annual gross receipts of
  two hundred fifty thousand dollars or less for the preceding calendar year shall be paid a wage rate
  of not less than that established under the federal Fair Labor Standards Act or its successor law. This
  gross revenue figure shall be increased each year beginning January 1, 2008 by the change in the
  consumer price index or its successor index in the same manner as the required annual adjustment
  in the minimum wage rate set forth above rounded to the nearest one thousand dollars. An employer
  may pay an employee less than, but not less than half, the minimum wage rate required by this section
  if the employer is able to demonstrate that the employee receives tips that combined with the wages
  paid by the employer are equal to or greater than the minimum wage rate for all hours worked. The
  provisions of this section shall not apply to employees of a solely family owned and operated business
  who are family members of an owner. The state may issue licenses to employers authorizing payment
  of a wage rate below that required by this section to individuals with mental or physical disabilities
  that may otherwise adversely affect their opportunity for employment.

  As used in this section: “employer,” “employee,” “employ,” “person” and “independent contractor”
  have the same meanings as under the federal Fair Labor Standards Act or its successor law, except
  that “employer” shall also include the state and every political subdivision and “employee” shall not
  include an individual employed in or about the property of the employer or individual’s residence on
  a casual basis. Only the exemptions set forth in this section shall apply to this section.

  An employer shall at the time of hire provide an employee the employer’s name, address, telephone
  number, and other contact information and update such information when it changes. An employer
  shall maintain a record of the name, address, occupation, pay rate, hours worked for each day worked
  and each amount paid an employee for a period of not less than three years following the last date the
  employee was employed. Such information shall be provided without charge to an employee or person
  acting on behalf of an employee upon request. An employee, person acting on behalf of one or more
  employees and/or any other interested party may file a complaint with the state for a violation of any
  provision of this section or any law or regulation implementing its provisions. Such complaint shall
  be promptly investigated and resolved by the state. The employee’s name shall be kept confidential
  unless disclosure is necessary to resolution of a complaint and the employee consents to disclosure.
  The state may on its own initiative investigate an employer’s compliance with this section and any law
  or regulation implementing its provisions. The employer shall make available to the state any records


                                                    20
                                                          GENERAL ELECTION, NOVEMBER 7, 2006


related to such investigation and other information required for enforcement of this section or any
law or regulation implementing its provisions. No employer shall discharge or in any other manner
discriminate or retaliate against an employee for exercising any right under this section or any law or
regulation implementing its provisions or against any person for providing assistance to an employee
or information regarding the same.

 An action for equitable and monetary relief may be brought against an employer by the attorney general
and/or an employee or person acting on behalf of an employee or all similarly situated employees in
any court of competent jurisdiction, including the common pleas court of an employee’s county of
residence, for any violation of this section or any law or regulation implementing its provisions within
three years of the violation or of when the violation ceased if it was of a continuing nature, or within
one year after notification to the employee of final disposition by the state of a complaint for the same
violation, whichever is later. There shall be no exhaustion requirement, no procedural, pleading or
burden of proof requirements beyond those that apply generally to civil suits in order to maintain
such action and no liability for costs or attorney’s fees on an employee except upon a finding that
such action was frivolous in accordance with the same standards that apply generally in civil suits.
Where an employer is found by the state or a court to have violated any provision of this section,
the employer shall within thirty days of the finding pay the employee back wages, damages, and the
employee’s costs and reasonable attorney’s fees. Damages shall be calculated as an additional two
times the amount of the back wages and in the case of a violation of an anti-retaliation provision an
amount set by the state or court sufficient to compensate the employee and deter future violations, but
not less than one hundred fifty dollars for each day that the violation continued. Payment under this
paragraph shall not be stayed pending any appeal.

This section shall be liberally construed in favor of its purposes. Laws may be passed to implement its
provisions and create additional remedies, increase the minimum wage rate and extend the coverage
of the section, but in no manner restricting any provision of the section or the power of municipalities
under Article XVIII of this constitution with respect to the same.

If any part of this section is held invalid, the remainder of the section shall not be affected by such
holding and shall continue in full force and effect.

                            A majority yes vote is necessary for passage.


                              O YES
                                           SHALL THE PROPOSED
                                           AMENDMENT BE
                              O NO
                                           ADOPTED?




                                                  21
OHIO ISSUES REPORT


                                   ARGUMENT AND EXPLANATION
                                      IN SUPPORT OF ISSUE 2

Vote YES on Issue 2 to restore the value of the minimum wage so hard working Ohioans are able to
provide for themselves and their families. Raising the wage will encourage personal responsibility and
lift many low-wage workers out of poverty.

The real value of the federal minimum wage has reached a 50-year low because it has not kept up
with the rising cost of living. Today, a full-time worker at the current minimum wage of $5.15 earns just
$206 per week, or $10,712 per year, well below the poverty line for a family of three.

We can do better. The Ohio Minimum Wage Amendment would restore the value that the minimum
wage has lost over time.

The Amendment would raise Ohio’s minimum wage from $5.15 to $6.85 per hour on January 1,
2007. Each year afterwards, the minimum wage would increase if the cost of living rises, protecting
Ohio’s lowest paid workers from losing ground. It also provides enforcement measures, similar to the
federal minimum wage law, so Ohioans can protect themselves against unscrupulous employers.

The Amendment would raise wages for over 700,000 Ohio workers. On average, these workers
provide half of their families’ weekly earnings. Nearly three-quarters of the workers who would benefit
are adults over twenty. More than 250,000 Ohio children have a parent who will benefit.

Twenty-two other states have raised the minimum wage above the federal level and studies show that
raising the minimum wage substantially helps families while improving the overall economy.
Between 1997 and 2003, states with higher minimum wages had more overall job growth.

Ohioans have always valued hard work, but our minimum wage has not kept pace. We believe honest
work deserves honest pay. Vote YES on Issue 2 to restore the value of the minimum wage for hard
working Ohioans.

Prepared by: Ohioans for a Fair Minimum Wage,
Hon. C. J. Prentiss, Pierrette M. Talley, Katrin Heins, and Gary L. Coles

         FULL TEXT OF                       ARTICLE II, Section 34a             to that September according to the
           PROPOSED                                                             consumer price index or its suc-
         AMENDMENT                      Except as provided in this section,     cessor index for all urban wage
                                        every employer shall pay their em-      earners and clerical workers for all
     THE OHIO FAIR                      ployees a wage rate of not less than    items as calculated by the federal
 MINIMUM WAGE AMEND-                    six dollars and eighty-five cents per    government rounded to the nearest
         MENT                           hour beginning January 1, 2007. On      five cents. Employees under the age
                                        the thirtieth day of each September,    of sixteen and employees of busi-
Be it Resolved by the People of the     beginning in 2007, this state mini-     nesses with annual gross receipts of
  State of Ohio that Article II, Sec-   mum wage rate shall be increased        two hundred fifty thousand dollars
tion 34a of the Ohio Constitution is    effective the first day of the follow-   or less for the preceding calendar
     hereby enacted as follows:         ing January by the rate of inflation     year shall be paid a wage rate of not
                                        for the twelve month period prior       less than that established under the



                                                        22
                                                                    GENERAL ELECTION, NOVEMBER 7, 2006


                                         Explanation and Argument
                                              Against Issue 2

                                      Vote NO on Issue 2 for these reasons:

 • It’s a massive intrusion into your personal privacy. Backers say the amendment is about the
   minimum wage, but read the fine print. It gives employees or any person acting on behalf of an
   employee the right to demand private salary records for all employees (not just hourly workers). This
   will give access to your private information, which could then become public. Disclosure of home
   addresses and other personal data will put you at risk of identity theft.

 • Records requirements are costly and open employers to harassment. The amendment was drafted
   by anti-business activists who propose that all public and private employers – including state and local
   governments and homeowners – maintain decades worth of records while employees are working
   and three years afterward. This will cost millions of dollars, yet employers will have to provide these
   records without charge to any employee or employee representative who asks. Unhappy workers or
   activist organizations will have authority to make repeated, costly requests.

 • The amendment means a huge increase in the cost of government. State and local governments
   will be saddled both with enforcing the amendment and meeting their own costly obligations as major
   employers. You’ll foot the bill.

 • The amendment doesn’t really help low-income Ohioans. A higher minimum wage will trigger
   thousands of layoffs in lower-paying jobs – hurting, rather than helping, Ohioans who need higher
   wages the most. Better approaches are to increase the federal Earned Income Tax Credit and to
   improve job-development and training.

 • As part of the Constitution, the amendment cannot easily be changed to correct unintended
   consequences. This amendment, which is hostile to both employers and employees, will damage
   Ohio’s job climate. The legislature will be powerless to fix it.

                                            VOTE NO ON ISSUE 2.

                           Submitted by Ohioans to Protect Personal Privacy

                             John C. Mahaney, Jr., Andrew Doehrel and Ty Pine

federal Fair Labor Standards Act or      employer may pay an employee less         ployees of a solely family owned
its successor law. This gross rev-       than, but not less than half, the mini-   and operated business who are fam-
enue figure shall be increased each       mum wage rate required by this sec-       ily members of an owner. The state
year beginning January 1, 2008 by        tion if the employer is able to dem-      may issue licenses to employers
the change in the consumer price         onstrate that the employee receives       authorizing payment of a wage rate
index or its successor index in the      tips that combined with the wages         below that required by this section
same manner as the required annual       paid by the employer are equal to or      to individuals with mental or physi-
adjustment in the minimum wage           greater than the minimum wage rate        cal disabilities that may otherwise
rate set forth above rounded to the      for all hours worked. The provisions      adversely affect their opportunity
nearest one thousand dollars. An         of this section shall not apply to em-    for employment.


                                                          23
OHIO ISSUES REPORT

As used in this section: “employer,”    enforcement of this section or any       set by the state or court sufficient to
“employee,” “employ,” “person”          law or regulation implementing           compensate the employee and deter
and “independent contractor” have       its provisions. No employer shall        future violations, but not less than
the same meanings as under the          discharge or in any other manner         one hundred fifty dollars for each
federal Fair Labor Standards Act or     discriminate or retaliate against an     day that the violation continued.
its successor law, except that “em-     employee for exercising any right        Payment under this paragraph shall
ployer” shall also include the state    under this section or any law or reg-    not be stayed pending any appeal.
and every political subdivision and     ulation implementing its provisions
“employee” shall not include an in-     or against any person for providing      This section shall be liberally con-
dividual employed in or about the       assistance to an employee or infor-      strued in favor of its purposes. Laws
property of the employer or indi-       mation regarding the same.               may be passed to implement its pro-
vidual’s residence on a casual basis.                                            visions and create additional rem-
Only the exemptions set forth in this   An action for equitable and mon-         edies, increase the minimum wage
section shall apply to this section.    etary relief may be brought against      rate and extend the coverage of the
                                        an employer by the attorney general      section, but in no manner restricting
An employer shall at the time of        and/or an employee or person act-        any provision of the section or the
hire provide an employee the em-        ing on behalf of an employee or all      power of municipalities under Ar-
ployer’s name, address, telephone       similarly situated employees in any      ticle XVIII of this constitution with
number, and other contact informa-      court of competent jurisdiction, in-     respect to the same.
tion and update such information        cluding the common pleas court of
when it changes. An employer shall      an employee’s county of residence,       If any part of this section is held in-
maintain a record of the name, ad-      for any violation of this section or     valid, the remainder of the section
dress, occupation, pay rate, hours      any law or regulation implementing       shall not be affected by such hold-
worked for each day worked and          its provisions within three years of     ing and shall continue in full force
each amount paid an employee for        the violation or of when the viola-      and effect.
a period of not less than three years   tion ceased if it was of a continuing
following the last date the employee    nature, or within one year after noti-
was employed. Such information          fication to the employee of final dis-
shall be provided without charge        position by the state of a complaint
to an employee or person acting         for the same violation, whichever is
on behalf of an employee upon re-       later. There shall be no exhaustion
quest. An employee, person acting       requirement, no procedural, plead-
on behalf of one or more employ-        ing or burden of proof requirements
ees and/or any other interested party   beyond those that apply generally to
may file a complaint with the state      civil suits in order to maintain such
for a violation of any provision of     action and no liability for costs or
this section or any law or regula-      attorney’s fees on an employee ex-
tion implementing its provisions.       cept upon a finding that such action
Such complaint shall be promptly        was frivolous in accordance with the
investigated and resolved by the        same standards that apply generally
state. The employee’s name shall be     in civil suits. Where an employer is
kept confidential unless disclosure      found by the state or a court to have
is necessary to resolution of a com-    violated any provision of this sec-
plaint and the employee consents to     tion, the employer shall within thir-
disclosure. The state may on its own    ty days of the finding pay the em-
initiative investigate an employer’s    ployee back wages, damages, and
compliance with this section and        the employee’s costs and reason-
any law or regulation implementing      able attorney’s fees. Damages shall
its provisions. The employer shall      be calculated as an additional two
make available to the state any re-     times the amount of the back wages
cords related to such investigation     and in the case of a violation of an
and other information required for      anti-retaliation provision an amount


                                                         24
                                                         GENERAL ELECTION, NOVEMBER 7, 2006




                          3    PROPOSED AMENDMENT
                             TO THE OHIO CONSTITUTION
                                  (Proposed by Initiative Petition)

To adopt Section 12 of Article XV of the Constitution of the State of Ohio.

This amendment to the Constitution would:

• Permit up to 31,500 slot machines at seven horse racing tracks and at two Cleveland non-track
  locations.
• Permit expanded gaming in the four Cuyahoga County locations if approved by the county’s
  voters.
• Distribute the revenues as follows:
  • 55% to the slot and casino owners and operators.
  • 30% to the Board of Regents for college scholarships and grants to eligible students and
    administration of the program.
  • The remaining revenues to be divided among local governments, race tracks for purse money,
    gambling addiction services, and
  • The administration of the Gaming Integrity Commission comprised of five members appointed by
    the governor and the majority legislative leaders.
• The moneys provided by this amendment are to supplement and not supplant existing and future
  constitutional obligations to post-secondary education and local governments.


                          A majority yes vote is necessary for passage.

                              O YES
                                            SHALL THE PROPOSED
                                            AMENDMENT BE
                              O NO
                                            ADOPTED?




                                                25
OHIO ISSUES REPORT

                                    ARGUMENT AND EXPLANATION
                                     LEARN AND EARN INITIATIVE

A “yes” vote on Issue 3 would provide thousands of Ohio’s hard-working high school students with
scholarships to Ohio’s colleges and universities. All students will be eligible to earn these scholarships,
which would be funded from the proceeds of expanded gambling—slot machines—at the seven commercial
horse racing tracks, and at two carefully specified locations in Cleveland’s entertainment district. Issue 3
would also provide new funds for economic development and job creation for communities throughout
Ohio.

Unlike the proceeds from the lottery, Learn and Earn scholarship funds would be free from control of
politicians who now simply reduce education’s general revenue funds by the amount of lottery proceeds.
Issue 3 expressly prohibits the reduction of such funds by providing that the money generated for
scholarships and local communities’ economic development will supplement, not supplant, monies
currently appropriated for these purposes. The scholarship monies will be placed in individual accounts
for Ohio’s primary and secondary school students under the direct control of the Ohio Board of Regents.
The legislature will be powerless to divert this money for politicians’ pet projects.

Under Issue 3, the locations and number of slot machines would be strictly limited, and would be regulated
by the new Gaming Integrity Commission, which will operate without general revenue tax dollars.

Each year, Ohioans spend billions of dollars on gaming entertainment in neighboring states and Canada.
This amendment will help keep that money in Ohio for the benefit of Ohio and its children. Money now
spent by Ohioans on gaming in Indiana, Michigan, West Virginia, and Canada (and soon, Pennsylvania),
benefits the residents of those places. The money spent by Ohioans on this form of entertainment should
benefit Ohioans, not out-of-state interests.

                                Vote Yes for Ohio’s Children. Vote yes on Issue 3.

Submitted by: Ohio Learn and Earn Committee,
J. Gregg Haught, David L. Hopcraft and Linda J. Siefkas

         FULL TEXT OF                    lies, the Ohio Board of Regents shall   arship accounts for current and fu-
         AMENDMENT                       award undergraduate higher educa-       ture students who, prior to enrolling
                                         tion scholarships and tuition grants    in college, take core and advanced
Be it resolved by the people of the      for United States citizens who are      academic courses, participate in
State of Ohio, that the Constitution     residents of this state commenc-        college readiness programs, assess-
of the State of Ohio be amended by       ing with the first high school class     ment, and testing at any accredited
adopting Section 12 of Article XV,       graduating two years following the      public or non-public high school in
to read as follows:                      approval of this amendment. Eligi-      this state, and contribute to public
                                         bility criteria for such scholarships   life through voluntary civic activity,
Section 12                               and grants, and the amounts, shall      and who attend any public or inde-
                                         be established solely by the Ohio       pendent not-for-profit institution of
“For the purpose of inspiring stu-       Board of Regents. Such scholar-         higher education authorized by the
dents to aspire to college at an early   ships and grants shall include only     Ohio Board of Regents and that has
age, to improve students’ academic       the following:                          its principal office within this state.
preparation, and to make college af-
fordable for students and their fami-    (A) Individual learn and earn schol-    (B) For the first twelve such high


                                                         26
                                                                  GENERAL ELECTION, NOVEMBER 7, 2006

                                    ARGUMENT AND EXPLANATION
                                         AGAINST ISSUE 3

PROTECT OHIO CHILDREN AND FAMILIES -- VOTE “NO” on ISSUE 3

Please Vote NO on the Learn and Earn Casino Gambling Amendment. This dishonest plan, filled
with loopholes, will not deliver the benefits promised. A handful of casino developers want to use your
Constitution for their personal gain, but it will ruin lives.

Why so many are voting NO on Issue 3:

          Learn and Earn Casinos will create at least 109,000 NEW gambling addicts, ruining the lives of
          hundreds of thousands of families.
          Remember the Lottery? It didn’t save Ohio public schools. Learn and Earn Casinos are a bad
          deal for students, parents, and colleges.
          Learn and Earn creates a private monopoly for a handful of casino owners. Gambling proceeds
          are exempted from state and local taxes.
          Learn and Earn Casinos will place NO money in the Ohio General Revenue Fund- not one
          dollar for the State Treasury.
          Issue 3 will not stop Ohioans from traveling to gamble but will grant licenses to out-of state
          operators and drain more dollars from Ohio.
          Ohio casinos will drain $2 billion from the local economy costing Ohio jobs.
          Learn and Earn LOOPHOLES will leave thousands of students without scholarships. There are
          no guarantees on how much scholarships will be worth or when they will be paid. Only the top
          5% of students will qualify for tuition grants which disappear after 12 years.
          Learn and Earn will push Ohio into a Class III gambling state making it easier for tribal casinos
          to open in Ohio.
          Community leaders, elected officials and many Ohio newspapers are urging a “NO” vote on
          Learn and Earn’s gambling casinos.

Don’t gamble away Ohio’s future. Protect Ohio’s families and children.
Vote NO on ISSUE 3.

The Vote NO Casinos Committee
State Auditor Betty Montgomery, Co-Chair
David Zanotti, President, The Ohio Roundtable, Co-Chair

school graduating classes, uniform       has its principal office within this     of Cleveland, one on the west bank
tuition grants, in an amount not to      state. Such tuition grants shall be     within the area generally known as
exceed the average undergraduate         based solely on academic merit.         the Nautica Entertainment Complex
tuition charged by Ohio public uni-                                              and with frontage of approximately
versities, shall be awarded to the top   Notwithstanding any other provision     1,430 feet in length, extending 560
five percent of students at each ac-      of this Constitution, slot machines     feet to the northwest and 870 feet
credited public and non-public high      shall be permitted at the seven per-    to the southeast of the intersection
school who attend any public or in-      mitted commercial horse racing          of the center line of vacated Main
dependent not-for-profit institution      tracks, and at two locations each       Avenue and the Cuyahoga River,
of higher education authorized by        fronting on the existing main chan-     and one on the east bank within the
the Ohio Board of Regents and that       nel of the Cuyahoga River in the City   area generally known as Tower City


                                                         27
OHIO ISSUES REPORT

and starting at the northeast corner      In addition to the forgoing amount,         commercial horse racing tracks as
of West Third Street, where it meets      an additional one percent of gross slot     provided in this section, the trans-
the east bank of the Cuyahoga River       machine revenue shall be paid to the        feree facility shall distribute equally
and extending north and west along        state to pay for gambling addiction         the amount of funds this section pro-
the east bank of the Cuyahoga River       services; an additional six-tenths of       vides for purse money between the
for not more than 1,700 feet and hav-     one percent of gross slot machine rev-      transferor and transferee tracks. An
ing a depth of not more than 460 feet     enue shall be paid to the municipality      additional six percent of gross slot
from the east bank of the Cuyahoga        or township in which each facility is       machine revenue at non-track facili-
River. The games authorized in this       located; an additional three percent of     ties shall be deposited into the Ohio
section shall be conducted only at the    gross slot machine revenue shall be         simulcast horse racing purse fund for
locations authorized herein, and, in      divided equally and paid to the county      distribution as provided by law. The
the discretion of the facility owner,     in which each facility is located and       proceeds of any additional games, if
may be conducted twenty-four hours        the county seat of that county, which       authorized by voters pursuant to this
each day. No more than three thou-        proceeds shall be expended for eco-         section, shall be distributed in the
sand five hundred such devices may         nomic development projects; an ad-          same manner as the proceeds from
be operated at any one facility, except   ditional eight-tenths of one percent        the operation of slot machines. No
that facilities located within the same   of gross slot machine revenue shall         other fees or taxes may be applied to
county may, by agreement, provide         be paid to the county in which the          or levied against gross slot machine
for the transfer of such devices be-      non-track facilities are located, which     revenue or the amounts wagered or
tween such facilities, provided that      proceeds shall be expended for eco-         the proceeds of the other games au-
no more than four thousand such           nomic development projects; an ad-          thorized by this section.
devices may be operated at a facil-       ditional eight-tenths of one percent
ity not located at a permitted com-       of gross slot machine revenue shall         The amounts paid to the state pursu-
mercial horse racing track. Nothing       be paid to the city in which the non-       ant to this section do not diminish the
in this section shall be interpreted      track facilities are located, which pro-    General Assembly’s constitutional
to authorize live games associated        ceeds shall be expended for economic        obligations. The moneys expended
with casinos, including, but not lim-     development projects; an additional         hereunder on scholarships and grants
ited to roulette, card games, and dice    four tenths of one-percent of gross         shall supplement, not supplant, per-
games, except that such games may         slot machine revenue shall be divided       student state resources appropriated
be conducted at the non-track facili-     equally and paid to a county that has       for post-secondary educational pro-
ties and at the facilities located at a   a population of at least seven hundred      grams and purposes prior to or after
permitted commercial horse racing         and fifty thousand persons and not           the approval of this amendment. The
track situated wholly or partially        more than one permitted commercial          monies distributed to counties, town-
within Cuyahoga County if the vot-        horse racing track, and the county seat     ships, and municipalities hereunder
ers of Cuyahoga County approve the        of such county, which proceeds shall        shall supplement, not supplant, mon-
conduct of such additional games by       be expended for economic develop-           ies appropriated for those counties,
a majority vote. No such vote may         ment projects; and an additional two        townships, and municipalities prior
be conducted prior to the fourth gen-     and four-tenths percent of gross slot       to or after the approval of this amend-
eral election following the approval      machine revenue shall be paid to the        ment. The amounts paid to the state
of this amendment.                        state for distribution to all other coun-   or any county, township, or munici-
                                          ties pursuant to the local government       pality pursuant to this section shall
Thirty percent of gross slot machine      revenue assistance fund, which pro-         not be subject to any tax or expen-
revenue shall be paid to the state and    ceeds shall be expended for economic        diture limitation. With the exception
shall be used, without necessity of ap-   development or capital improvement          of the foregoing six-tenths of one
propriation by the General Assembly,      projects. In addition to the foregoing      percent that is paid to the municipal-
notwithstanding section 22 of Article     amounts, an additional six percent of       ity or township in which a facility is
II of the Ohio Constitution, solely for   gross slot machine revenue at facilities    located, and notwithstanding the re-
the scholarships and grants provided      located at each permitted commercial        quirements, limitations, or prohibi-
for in this section and the related ad-   horse racing track shall be used by         tions of Article VIII, or of Sections
ministrative costs for administering      those tracks for purse money. In the        5, 6, and 11 of Article XII of the Ohio
such scholarships and grants.             event that devices are transferred be-      Constitution, all of the monies dis-
                                          tween facilities located at permitted       tributed to counties and municipali-


                                                            28
                                                                      GENERAL ELECTION, NOVEMBER 7, 2006

ties in which a facility at which slot    an equal share of the reasonably-esti-     dividual prize determinations for indi-
machines are permitted shall be, and      mated cost of establishing the Gaming      vidual participants in cash, premiums,
any of the monies distributed to any      Integrity Commission. Each facility        merchandise, tokens, or any thing of
other counties, townships, and mu-        which may be authorized pursuant to        value, whether the payoff is made au-
nicipalities may be, expended for or      this section to conduct live games as-     tomatically from the machine or in any
in support of, and be applied to any      sociated with casinos shall pay an ad-     other manner. The slot machines au-
of the revitalization purposes under      ditional licensing fee in the amount of    thorized by this section may be linked
Section 2o of Article VIII, research      fifteen million dollars, which amount       by their operators with other such de-
and development purposes and devel-       shall be divided equally and paid to       vices located at the facilities autho-
opment of sites and facilities in Ohio    the county in which each such facility     rized by this section for the purpose of
for and in support of industry, com-      is located and the county seat of that     providing prizes based in whole or in
merce, distribution, and research and     county, and which amount is payable        part upon the play of such connected
development purposes under Section        upon the initial opening of the facility   devices at the same or other authorized
2p of Article VIII, and any other eco-    regardless of whether such additional      facilities.
nomic development purposes autho-         games are eventually authorized, and
rized in Section 13 of Article VIII of    which amount shall be expended for         For purposes of this section “permitted
the Ohio Constitution.                    economic development or capital im-        commercial horse racing track” means
                                          provement projects. No other licens-       any place, track, or enclosure where
There is hereby created the Gaming        ing fees shall be imposed upon any         a permit holder conducted live horse
Integrity Commission which shall          of the facilities authorized to conduct    racing for profit at a racing meeting
regulate all gaming authorized by         games pursuant to this section.            during the two calendar years prior to
this section, which shall determine all                                              the approval of this amendment, and
voting issues by majority vote, and       The General Assembly shall pass            which continues to conduct live horse
which shall consist of five members.       laws within six months of the effec-       racing for profit following the approval
Three members of the Gaming Integ-        tive date of this amendment to facili-     of this amendment, and includes facili-
rity Commission shall be appointed        tate the operation of this amendment.      ties on premises contiguous to, or sep-
by the governor, no more than two of      If the General Assembly fails to pass      arated only by a roadway from, those
whom shall be members of the same         such laws within six months of the         places, tracks, or enclosures, provided
political party. One member of the        effective date of this amendment, or       that a permit holder that currently con-
Gaming Integrity Commission shall         the members of the Gaming Integrity        ducts racing meetings on public land
be appointed by the speaker of the        Commission have not been appointed         may relocate the facility authorized in
house of representatives, and one         as provided in this section, the games     this section if that permit holder relo-
member shall be appointed by the          authorized in this section may be con-     cates its permitted commercial horse
president of the senate, provided that    ducted on and after that date under the    racing track within the same county as
the members appointed by the legis-       supervision of the Lottery Commis-         provided by law.
lative leaders shall not be members of    sion, which shall retain such super-
the same political party. The reason-     visory authority until the General As-     For purposes of this section, “gross
ably-estimated cost of operating the      sembly has passed laws to facilitate       slot machine revenue” means the total
Gaming Integrity Commission shall         the operation of this amendment and        of wagers received by a slot machine
be paid from the forgoing amounts         the members of the Gaming Integrity        minus the total of: (1) cash or cash
to be paid to the counties, townships,    Commission have been appointed as          equivalents paid out to patrons as a re-
and municipalities prior to the distri-   provided in this section.                  sult of playing a slot machine which
bution to those counties, townships,                                                 are paid to patrons either manually or
and municipalities, provided that no      For purposes of this section, “slot ma-    paid out by the slot machine; (2) cash
more than one percent of gross slot       chines” shall include any mechanical,      paid to purchase annuities to fund priz-
machine revenue may be subtracted         electrical, or other device or machine     es payable to patrons over a period of
from the foregoing amounts to pay         which, upon insertion of a coin, token,    time as a result of playing a slot ma-
the reasonably-estimated cost of op-      or similar object, or upon payment of      chine; and (3) any personal property
erating the Gaming Integrity Com-         any consideration, is available to play    distributed to a patron as the result
mission. Each facility authorized         or operate, the play or operation of       of playing a slot machine, excluding
to conduct games pursuant to this         which, by reason of the application        travel expenses, food, refreshments,
section shall pay as a licensing fee      of the element of chance, makes in-        lodging, or services.”


                                                             29
OHIO ISSUES REPORT


                             4     PROPOSED AMENDMENT
                                 TO THE OHIO CONSTITUTION
                                      (Proposed by Initiative Petition)

  To adopt Section 12 of Article XV of the Constitution of the State of Ohio.

  This proposed amendment would prohibit smoking in enclosed areas except tobacco stores, private
  residences or nonpublic facilities, separate smoking areas in restaurants, most bars, bingo and bowling
  facilities, separated areas of hotels and nursing homes, and race tracks. The amendment would
  invalidate retroactively any ordinance or local law in effect, and would prohibit the future adoption of
  any ordinance or local law to the extent such ordinance or law prohibited smoking or tobacco products
  in anyplace exempted by the amendment.

  A majority yes vote is necessary for passage.

                                O YES
                                             SHALL THE PROPOSED
                                             AMENDMENT BE
                                O NO
                                             ADOPTED?



                                     Explanation and Argument
                                       For Smoke Less Ohio

The Smoke Less Ohio proposal on the November ballot is a constitutional amendment to ban smoking in
90% of Ohio businesses.

This is a reasonable approach to meeting the needs of Ohioans to protect non-smokers from secondhand
smoke. We are proposing an effective smoking ban to keep smoke out of 90% of all the businesses in
Ohio.

Smoke Less is a common sense approach that protects both non-smokers and individual rights. Smoke
Less protects the rights of individuals and businesses to make their own personal choices about smoking
in very limited locations. Smoke Less provides exceptions for places where there are no minor children or
where a total ban would threaten the health of the business. Bars are the main exception. Bowling alleys,
bingo locations, and completely separate, enclosed areas in restaurants are the others.

Smoke Less has proposed that the Ohio smoking ban be a constitutional amendment. That will be a
dependable, permanent solution, so Ohioans know clearly where smoking is or is not allowed. Business
owners can make a decision about whether to become entirely smoke-free or to participate in the allowed
exceptions. If decided by statute, our smoking laws will be subject to constant change, and voters could
be asked to decide the same question over and over again.

Smoke Less is a common sense smoking ban for Ohio.

Jacob Evans
President
Smoke Less Ohio

                                                    30
                                                           GENERAL ELECTION, NOVEMBER 7, 2006


                              ARGUMENT AND EXPLANATION
                                   AGAINST ISSUE 4

                            Don’t Be Fooled by Tobacco Companies
                     Vote NO on the Pro-Smoking Constitutional Amendment

Vote No on Issue 4 to keep secondhand smoke out of restaurants and other public places.

RJ Reynolds and other tobacco companies are proposing and funding a pro-smoking constitutional
amendment. Smoke Less Ohio would keep smoke in restaurants and other public places and put customers
and workers at risk from secondhand smoke, a proven health hazard.

The American Cancer Society, American Heart Association, American Lung Association, doctors,
hospitals, and every Ohio public health organization oppose Smoke Less Ohio because it would:

• DENY YOUR RIGHT to breathe smoke-free air in public places.

• KEEP smoke in restaurants and bowling alleys, exposing children, the elderly and those with health
  problems to secondhand smoke.

• OVERTURN smoke-free laws in 21 cities across Ohio including Columbus and make it unconstitutional
  for lawmakers to enact future clean indoor air ordinances.

The U.S. Surgeon General confirmed that secondhand smoke causes cancer, heart disease and lung
disease. He also confirmed that separate smoking sections like those proposed by Smoke Less Ohio do
not protect health.

Smoke Less Ohio would make it unconstitutional to protect more than half a million hospitality workers
and their customers from exposure to secondhand smoke. No worker should have to choose between
earning a living and protecting his or her health.

Smoke Less Ohio alters the Constitution to protect the tobacco industry’s bottom line. Lawmakers and
voters could only change the Smoke Less Ohio proposal through another constitutional amendment—a
costly and lengthy process.

Smoke Less Ohio would create different rules for similar businesses and make a level playing field for all
Ohio businesses impossible.

  Smoke Less Ohio FAILS to protect the workers and citizens of Ohio from secondhand smoke.
                                     Vote NO on Issue 4

Submitted by:
James M. Sudimack, M.D., President, Ohio State Medical Association




                                                   31
OHIO ISSUES REPORT

FULL TEXT OF AMENDMENT                   nursing home or rehabilitation cen-
                                         ter, provided that smoking is per-
Be it resolved by the people of the      mitted only in separate portions of
State of Ohio, that Article XV, Sec-     the premises;
tion 12 to the Ohio Constitution
                                         (G) any facility or business estab-
“Section 12. The General Assem-          lishment from which minors are
bly shall pass laws to limit or pro-     prohibited;
hibit smoking of tobacco or tobacco
products in all enclosed, public ar-     (H) any place, track or enclosure
eas of this state except that no law     where an authorized permit holder
shall prohibit smoking and/or the        conducts live or satellite horse rac-
use of tobacco or tobacco products       ing.
in any of the following:
                                         This amendment supersedes and
(A) any retail establishment that        renders invalid any ordinance or lo-
holds itself out as being devoted pri-   cal law in existence as of the date of
marily to the on-site sale of tobacco,   this amendment to the extent such
tobacco products, and tobacco prod-      ordinance or law prohibits smok-
uct accessories and derives not less     ing and/or the use of tobacco or to-
than fifty percent of its total gross     bacco products in an establishment
sales from the on-site sale of tobac-    or place exempted by the language
co, tobacco products, and tobacco        set forth in Section 12. The amend-
product accessories;                     ment also would prevent such laws
                                         or ordinances from taking effect in
(B) any private residence or pri-        the future.
vately owned facility that is not
open to the public;

(C)    any separate smoking ar-
ea within an eating establishment
that designates an area within the
premises that is completely sepa-
rated from the rest of the premises
by walls or doors in which smoking
is permitted;

(D) any establishment that sells
intoxicating liquor for on-premises
consumption in which the annual
revenue produced by the sale of
food does not exceed sixty percent
of total annual sales;

(E) any public area where bingo or
bowling is played;

(F) any designated areas of any fa-
cility leased or rented to the public
on a temporary basis for residential
use including, but not limited to a
hotel, motel, adult day care facility,


                                                          32
                                                          GENERAL ELECTION, NOVEMBER 7, 2006




                              5        PROPOSED LAW
                                   (Proposed by Initiative Petition)

To enact Chapter 3794. of the Ohio Revised Code to restrict smoking in places of employment
and most places open to the public.

The proposed law would:
• Prohibit smoking in public places and places of employment;
• Exempt from the smoking restrictions certain locations, including private residences (except during
  the hours that the residence operates as a place of business involving non-residents of the private
  residence), designated smoking rooms in hotels, motels, and other lodging facilities; designated
  smoking areas for nursing home residents; retail tobacco stores, outdoor patios, private clubs, and
  family-owned and operated places of business;
• Authorize a uniform statewide minimum standard to protect workers and the public from secondhand
  tobacco smoke;
• Allow for the declaration of an establishment, facility, or outdoor area as nonsmoking;
• Require the posting of “No Smoking” signs, and the removal of all ashtrays and similar receptacles
  from any area where smoking is prohibited;
• Specify the duties of the department of health to enforce the smoking restrictions
• Create in the state treasury the “smoke free indoor air fund;”
• Provide for the enforcement of the smoking restrictions and for the imposition of civil fines upon
  anyone who violates the smoking restrictions.

A majority yes vote is necessary for passage.

                             O YES        SHALL THE PROPOSED
                             O NO         LAW BE ADOPTED?




                                                 33
OHIO ISSUES REPORT


                               ARGUMENT AND EXPLANATION
                                  IN SUPPORT OF ISSUE 5
                                        VOTE YES ON ISSUE 5

 Protect your right to breathe smoke-free air inside all restaurants, public places and workplaces.

Secondhand Smoke Kills

The U.S. Surgeon General reports that:

  •   Secondhand smoke causes cancer, heart disease, and lung disease in nonsmokers.
  •   There is no safe level of exposure.
  •   The only way to protect health is to eliminate smoking inside public places.
  •   Separate smoking sections do not protect health.
  •   Smoke-free policies do not harm business.

For these reasons, the American Cancer Society, American Heart Association, and American Lung
Association have joined with doctors, hospitals and every major health organization in Ohio to urge a
YES vote on Issue 5.

What the SmokeFree Workplace Act will do:
 • Eliminate secondhand smoke in all public places and workplaces
 • Offer equal protection against secondhand smoke to all workers and customers
 • Create one fair, level playing field for all businesses

Studies show nonsmokers inhale the equivalent of one and a half cigarettes just by sitting in a restaurant’s
non-smoking section for two hours. This state law allows children, the elderly, and those with health
problems to enjoy restaurants and other public places without jeopardizing their health.

Simply asking smokers to step outside public places will protect the health of the nonsmokers around
them and allow all Ohioans to enjoy their favorite places together.

What the SmokeFree Workplace Act will not do:

  • SmokeFreeOhio does NOT amend the Constitution.
  • The law does NOT prohibit smoking in private residences, vehicles, or outdoors.

Twenty-one Ohio communities and 14 states have strong, successful smoke-free laws in place. The time
has come to vote to stop this preventable health hazard and improve the health of all Ohio residents.

                               Vote YES on Issue 5 so Ohio can breathe
                                            smoke-free!

Submitted by SmokeFreeOhio, Donald McClure, Susan Jagers, and Tracy Sabetta



                                                    34
                                                                 GENERAL ELECTION, NOVEMBER 7, 2006

                                                                                  TEXT OF
                                                                               PROPOSED LAW
               Explanation and
                  Argument                                  Be it Enacted by the People of the State of Ohio.
              Against SmokeFree
                                                            Section 1.
The SmokeFree Ohio proposal on the November
ballot is a near total ban on smoking across                3794.01 Definitions.
the state. It is an unreasonable approach that
                                                            As used in this chapter:
creates an unnecessary intrusion on the rights of
individuals and business owners to make their               (A) “Smoking” means inhaling, exhaling, burning,
own decisions.                                              or carrying any lighted cigar, cigarette, pipe, or other
                                                            lighted smoking device for burning tobacco or any other
SmokeFree does not allow exceptions for adult-              plant. “Smoking” does not include the burning of in-
only businesses and virtually criminalizes                  cense in a religious ceremony.
smokers with potential citations and fines. It is
important to realize that given free choice, many           (B) “Public place” means an enclosed area to which the
restaurants, hotels and other places that serve             public is invited or in which the public is permitted and
families are making “no smoking” rules on their             that is not a private residence.
own. Since most Ohioans don’t smoke, we can
                                                            (C) “Place of employment” means an enclosed area
rely on traditional American freedoms to decide             under the direct or indirect control of an employer that
this issue in the marketplace, as we have always            the employer’s employees use for work or any other
done.                                                       purpose, including but not limited to, offices, meeting
                                                            rooms, sales, production and storage areas, restrooms,
Ohio should take reasonable action to protect non-          stairways, hallways, warehouses, garages, and vehicles.
smokers in public places. It is important to protect        An enclosed area as described herein is a place of em-
families from second-hand smoke, but we should              ployment without regard to the time of day or the pres-
use common sense to make the rules, so both                 ence of employees.
health and individual freedoms are protected.
                                                            (D) “Employee” means a person who is employed by an
                                                            employer, or who contracts with an employer or third
SmokeFree is an unreasonable, intrusive approach            person to perform services for an employer, or who oth-
that will create more problems than it solves.              erwise performs services for an employer for compensa-
                                                            tion or for no compensation.
Jacob Evans
President, Smoke Less Ohio                                  (E) “Employer” means the state or any individual, busi-
                                                            ness, association, political subdivision, or other public or
                                                            private entity, including a nonprofit entity, that employs
                                                            or contracts for or accepts the provision of services from
                                                            one or more employees.

                                                            (F) “Enclosed Area” means an area with a roof or other
                                                            overhead covering of any kind and walls or side cover-
                                                            ings of any kind, regardless of the presence of openings
                                                            for ingress and egress, on all sides or on all sides but
                                                            one.

                                                            (G) “Proprietor” means an employer, owner, manager,
                                                            operator, liquor permit holder, or person in charge or
                                                            control of a public place or place of employment.


                                                       35
OHIO ISSUES REPORT

(H) “Retail tobacco store” means         this chapter.                           from the place of employment does
a retail establishment that derives                                              not migrate into an enclosed area
more than eighty percent of its gross    (D) No person shall refuse to im-       where smoking is prohibited under
revenue from the sale of cigars,         mediately discontinue smoking in        the provisions of this chapter.
cigarettes, pipes, or other smoking      a public place, place of employ-
devices for burning tobacco and          ment, or establishment, facility or     (D) Any nursing home, as defined
related smoking accessories and in       outdoor area declared nonsmoking        in section 3721.10(A) of the Re-
which the sale of other products is      under section 3794.05 of this chap-     vised Code, but only to the extent
merely incidental. “Retail tobacco       ter when requested to do so by the      necessary to comply with section
store” does not include a tobacco        proprietor or any employee of an        3721.13(A)(18) of the Revised Code.
department or section of a larger        employer of the public place, place     If indoor smoking area is provided
commercial establishment or of any       of employment or establishment, fa-     by a nursing home for residents of
establishment with a liquor permit       cility or outdoor area.                 the nursing home, the designated
or of any restaurant.                                                            indoor smoking area shall be sepa-
                                         (E) Lack of intent to violate a pro-    rately enclosed and separately venti-
(I) “Outdoor patio” means an area        vision of this chapter shall not be a   lated so that tobacco smoke does not
that is either: enclosed by a roof or    defense to a violation.                 enter, through entrances, windows,
other overhead covering and walls                                                ventilation systems, or other means,
or side coverings on not more than       3794.03 Areas where smoking is          any areas where smoking is other-
two sides; or has no roof or other       not regulated by this chapter.          wise prohibited under this chapter.
overhead covering regardless of the                                              Only residents of the nursing home
number of walls or other side cover-     The following shall be exempt from      may utilize the designated indoor
ings.                                    the provisions of this chapter:         smoking area for smoking. A nurs-
                                                                                 ing home may designate specific
                                         (A) Private residences, except dur-     times when the indoor smoking area
3794.02 Smoking Prohibitions.            ing the hours of operation as a child   may be used for such purpose. No
                                         care or adult care facility for com-    employee of a nursing shall be re-
 (A) No proprietor of a public place     pensation, during the hours of oper-    quired to accompany a resident into
or place of employment, except as        ation as a business by a person other   a designated indoor smoking area or
permitted in section 3794.03 of this     than a person residing in the private   perform services in such area when
chapter, shall permit smoking in the     residence, or during the hours of       being used for smoking.
public place or place of employment      operation as a business, when em-
or in the areas directly or indirectly   ployees of the business, who are not    (E) Retail tobacco stores as defined
under the control of the proprietor      residents of the private residence      in section 3794.01(H) of this chap-
immediately adjacent to locations        or are not related to the owner, are    ter in operation prior to the effective
of ingress or egress to the public       present.                                date of this section. The retail to-
place or place of employment.                                                    bacco store shall annually file with
                                         (B) Rooms for sleeping in hotels,       the department of health by Janu-
(B) A proprietor of a public place or    motels and other lodging facilities     ary thirty first an affidavit stating
place of employment shall ensure         designated as smoking rooms; pro-       the percentage of its gross income
that tobacco smoke does not enter        vided, however, that not more than      during the prior calendar year that
any area in which smoking is pro-        twenty percent of sleeping rooms        was derived from the sale of cigars,
hibited under this chapter through       may be so designated.                   cigarettes, pipes, or other smoking
entrances, windows, ventilation                                                  devices for smoking tobacco and
systems, or other means.                 (C) Family-owned and operated           related smoking accessories. Any
                                         places of employment in which all       retail tobacco store that begins op-
(C) No person or employer shall          employees are related to the owner,     eration after the effective date of
discharge, refuse to hire, or in any     but only if the enclosed areas of the   this section or any existing retail to-
manner retaliate against an indi-        place of employment are not open        bacco store that relocates to another
vidual for exercising any right,         to the public, are in a free stand-     location after the effective date of
including reporting a violation, or      ing structure occupied solely by the    this section may only qualify for
performing any obligation under          place of employment, and smoke          this exemption if located in a free-


                                                         36
                                                                    GENERAL ELECTION, NOVEMBER 7, 2006

standing structure occupied solely       and, therefore, it is in the best inter-   ternational “No Smoking” symbol
by the business and smoke from           ests of public health that smoking         (consisting of a pictorial representa-
the business does not migrate into       of tobacco products be prohibited          tion of a burning cigarette enclosed
an enclosed area where smoking is        in public places and places of em-         in a red circle with a red bar across
prohibited under the provisions of       ployment and that there be a uni-          it) shall be conspicuously posted
this chapter.                            form statewide minimum standard            in every public place and place of
                                         to protect workers and the public          employment where smoking is pro-
(F) Outdoor patios as defined in          from the health hazards associated         hibited by this chapter, including at
Section 3794.01(I) of this chapter.      with exposure to secondhand smoke          each entrance to the public place or
All outdoor patios shall be physi-       from tobacco.                              place of employment. Signs shall
cally separated from an enclosed                                                    be of sufficient size to be clearly
area. If windows or doors form any       The provisions of this chapter shall       legible to a person of normal vi-
part of the partition between an         be liberally construed so as to fur-       sion throughout the areas they are
enclosed area and the outdoor pa-        ther its purposes of protecting pub-       intended to mark. All signs shall
tio, the openings shall be closed to     lic health and the health of employ-       contain a telephone number for re-
prevent the migration of smoke into      ees and shall prevail over any less        porting violations.
the enclosed area. If windows or         restrictive state or local laws or
doors do not prevent the migration       regulations. Nothing in this chapter       (B) All ashtrays and other recep-
of smoke into the enclosed area, the     shall be construed to permit smok-         tacles used for disposing of smok-
outdoor patio shall be considered an     ing where it is otherwise restricted       ing materials shall be removed from
extension of the enclosed area and       by other laws or regulations.              any area where smoking is prohib-
subject to the prohibitions of this                                                 ited by this chapter.
chapter.                                 3794.05 Declaration of establish-
                                         ment as nonsmoking.                        3794.07 Duties of the Department
(G) Private clubs as defined in sec-                                                 of Health.
tion 4301.01(B)(13) of the Revised       Notwithstanding any other provision
Code, provided all of the following      of this chapter, the owner, manager,       This chapter shall be enforced by
apply: the club has no employees; the    operator, or other person in charge        the department of health and its des-
club is organized as a not for profit     or control of an establishment, facil-     ignees. The director of health shall
entity; only members of the club are     ity, or outdoor area which does not        within six months of the effective
present in the club’s building; no       otherwise qualify as a public place        date of this section:
persons under the age of eighteen        or place of employment may de-
are present in the club’s building;      clare such establishment, facility, or     (A) Promulgate rules in accordance
the club is located in a freestand-      outdoor area as a nonsmoking place.        with Chapter 119 of the Revised
ing structure occupied solely by         Smoking shall be prohibited in any         Code to implement and enforce all
the club; smoke from the club does       place declared nonsmoking under            provisions of this chapter;
not migrate into an enclosed area        this section where a sign conform-
where smoking is prohibited under        ing to the requirements of section         (B) Promulgate rules in accordance
the provisions of this chapter; and,     3794.06 is posted.                         with Chapter 119 of the Revised
if the club serves alcohol, it holds a                                              Code to prescribe a schedule of
valid D4 liquor permit.                  3794.06 Posting of signs; prohibi-         fines for violations of this chapter
                                         tion of ashtrays; responsibilities         designed to foster compliance with
3794.04 Construction; other ap-          of proprietors.                            the provisions of this chapter. The
plicable laws.                                                                      amount of a fine for a violation of
                                         In addition to the prohibitions con-       3794.02 (A) and (B) shall not be
Because medical studies have con-        tained in section 3794.02 of this          less than one hundred dollars and
clusively shown that exposure to         chapter, the proprietor of a public        the maximum for a violation shall
secondhand smoke from tobacco            place or place of employment shall         be twenty five hundred dollars. The
causes illness and disease, includ-      comply with the following require-         amount of a fine for a violation of
ing lung cancer, heart disease, and      ments:                                     3794.02 (D) shall be up to a maxi-
respiratory illness, smoking in the                                                 mum of one hundred dollars per
workplace is a statewide concern         (A) “No Smoking” signs or the in-          violation. Each day of a violation


                                                           37
OHIO ISSUES REPORT

shall constitute a separate violation.     provisions of this chapter, including,   appeal the finding to the Franklin
The schedule of fines that apply to a       but not limited to, through the estab-   County Court of Common Pleas.
proprietor shall be progressive based      lishment of an internet website and      Such appeal shall be governed by
on the number of prior violations by       how a violation may be reported.         the provisions of section 119.12 of
the proprietor. Violations which oc-                                                the Revised Code.
curred more than two years prior to        3794.08 Smoke Free Indoor Air
a subsequent violation shall not be        Fund.                                    (D) The director of health may in-
considered if there has been no find-                                                stitute an action in the court of com-
ing of a violation in the intervening      There is hereby created in the state     mon pleas seeking an order in equi-
time period. The fine schedule shall        treasury the smoke free indoor air       ty against a proprietor or individual
set forth specific factors that may         fund. All fines collected pursuant to     that has repeatedly violated the pro-
be considered to decrease or waive         this chapter and any grant, contribu-    visions of this chapter or fails to
the amount of a fine that otherwise         tion, or other moneys received by        comply with its provisions.
would apply. Fines shall be doubled        the department of health for the pur-
for intentional violations;                poses of this chapter shall be credit-   Section 2. Severability.
                                           ed to the smoke free indoor air fund
(C) Promulgate rules in accordance         and used solely for the purposes of      If any provision of this chapter or
with Chapter 119 of the Revised            this chapter.                            the application thereof to any per-
Code to prescribe a procedure for                                                   son or circumstances shall be held
providing a proprietor or individual                                                invalid by a court, that invalidity
written notice of a report of a viola-     3794.09 Enforcement; Penalties.          shall not affect the other provisions
tion and the opportunity to present         (A) Upon the receipt of a first re-      of this chapter that can be given ef-
in writing any statement or evidence       port that a proprietor of a public       fect without the invalid provision or
to contest the report, and prescrib-       place or place of employment or an       application, and to this end the pro-
ing procedures for making findings          individual has violated any provi-       visions of this chapter are declared
whether a proprietor or individual vi-     sion of this chapter, the department     to be severable.
olated a provision of this chapter and     of health or its designee shall inves-
for imposing fines for violations;          tigate the report and, if it concludes
                                           that there was a violation, issue a
(D) Establish a system for receiving       warning letter to the proprietor or
reports of violations of the provisions    individual.
of this chapter from any member of
the public, including, but not limited     (B) Upon a report of a second or
to, by mail and one or more e-mail         subsequent violation of any provi-
addresses and toll free telephone          sion of this chapter by a proprietor
numbers exclusively for such pur-          of a public place or place of em-
pose. A person shall not be required       ployment or an individual, the de-
to disclose his or her identity in order   partment of health or its designee
to report a violation;                     shall investigate the report. If the
                                           director of health or director’s des-
(E) Inform proprietors of public           ignee concludes, based on all of the
places and places of employment of         information before him or her, that
the requirements of this chapter and       there was a violation, he or she shall
how to comply with its provisions,         impose a civil fine upon the pro-
including, but not limited to, by pro-     prietor or individual in accordance
viding printed and other materials         with the schedule of fines required
and a toll free telephone number and       to be promulgated under section
e-mail address exclusively for such        3794.07 of this chapter.
purposes; and
                                           (C) Any proprietor or individual
(F) Design and implement a program         against whom a finding of a viola-
to educate the public regarding the        tion is made under this chapter may


                                                            38
          DATES TO REMEMBER
                    OCTOBER 3
               ABSENTEE BALLOTING BEGINS


                   OCTOBER 10
  DEADLINE FOR VOTER REGISTRATION FOR GENERAL ELECTION


                   NOVEMBER 4
  DEADLINE FOR APPLYING FOR AN ABSENTEE BALLOT BY MAIL
            FOR THE NOVEMBER 7TH ELECTION



                   NOVEMBER 6
  DEADLINE FOR VOTING AN ABSENTEE BALLOT IN PERSON AT A
COUNTY BOARD OF ELECTIONS FOR THE NOVEMBER 7TH ELECTION



                   NOVEMBER 7
                    ELECTION DAY
         POLLS OPEN FROM 6:30 A.M. TO 7:30 P.M.




            FOR MORE INFORMATION, CONTACT:

         OFFICE OF THE OHIO SECRETARY OF STATE
           180 E. BROAD STREET, 15TH FLOOR
                 COLUMBUS, OHIO 43215
                    (614) 466-2585
                  WWW.SOS.STATE.OH.US
               ELECTION@SOS.STATE.OH.US

				
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