As Passed by the Senate

122nd General Assembly
Regular Session
1997-1998
Sub. H. B. No. 215

REPRESENTATIVES JOHNSON-THOMAS-SYKES-O'BRIEN-THOMPSON-PERZ-CORE- VERICH-WILSON-MEAD-VESPER-FOX-SAWYER-GARCIA-CORBIN- SCHULER-ROMAN-BRADING-OGG-KREBS-WINKLER-CLANCY-METZGER-HARRIS- HOUSEHOLDER-LEWIS-MOTTLEY-WISE-COUGHLIN-WILLIAMS-PATTON- TERWILLEGER-STAPLETON-PADGETT-JACOBSON
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SENATORS RAY-HORN-WHITE-CARNES-DRAKE-HOWARD-OELSLAGER- KEARNS-GILLMOR-GARDNER


A BILL
To amend sections 3.17, 3.24, 9.06, 101.23, 101.27, 101.35, 102.02, 103.143, 103.21, 107.30, 107.40, 111.15, 111.16, 117.44, 119.01, 120.04, 120.33, 121.04, 121.08, 121.37, 121.38, 121.40, 121.52, 122.15, 122.151, 122.152, 122.153, 122.154, 122.17, 122.18, 122.29, 122.73, 122.89, 124.136, 124.15, 124.152, 124.18, 124.181, 124.34, 124.382, 124.383, 124.385, 124.391, 125.04, 125.05, 125.13, 125.15, 125.22, 125.28, 125.42, 125.83, 125.831, 125.87, 126.07, 126.12, 126.21, 126.26, 127.16, 131.35, 131.44, 135.142, 145.73, 149.303, 149.331, 164.08, 164.09, 169.02, 169.03, 169.05, 169.08, 171.05, 173.02, 175.21, 181.52, 307.86, 321.46, 329.04, 329.06, 718.01, 924.10, 1309.32, 1309.39, 1309.40, 1309.41, 1309.42, 1309.43, 1310.37, 1503.05, 1503.141, 1506.21, 1506.22, 1506.23, 1513.29, 1513.30, 1515.09, 1517.11, 1557.06, 1703.03, 1703.05, 1703.07, 1703.12, 1703.22, 1703.26, 1703.27, 1707.041, 1707.44, 1731.07, 1785.01, 2113.07, 2151.23, 2151.355, 2151.421, 2744.01, 2744.02, 2744.03, 2744.05, 2941.51, 3301.075, 3301.0711, 3301.0714, 3301.0719, 3301.80, 3307.01, 3309.01, 3311.053, 3311.056, 3313.172, 3313.372, 3313.871, 3313.975, 3316.03, 3316.04, 3317.01, 3317.02, 3317.022, 3317.023, 3317.0212, 3317.0213, 3317.03, 3317.08, 3317.10, 3317.11, 3317.14, 3318.02, 3318.03, 3318.041, 3319.17, 3332.07, 3333.12, 3333.20, 3333.27, 3334.01, 3334.03, 3334.08, 3334.09, 3334.10, 3334.11, 3334.17, 3345.11, 3345.12, 3345.50, 3345.51, 3365.01, 3365.02, 3365.021, 3365.03, 3365.06, 3383.01, 3383.08, 3501.10, 3501.11, 3501.17, 3501.28, 3701.14, 3701.261, 3701.502, 3701.74, 3702.30, 3702.511, 3702.68, 3705.24, 3719.02, 3719.021, 3729.40, 3734.18, 3734.57, 3734.82, 3734.904, 3734.907, 3737.02, 3745.11, 3745.21, 3745.25, 3746.121, 3748.07, 3748.12, 3748.13, 3769.088, 3769.10, 3770.01, 3770.02, 3770.06, 3773.43, 3773.56, 3781.061, 3781.182, 3793.10, 3901.17, 3905.30, 3905.34, 3905.35, 3905.36, 3905.37, 3917.01, 3918.01, 3918.02, 3921.30, 3960.03, 4111.01, 4117.01, 4117.02, 4117.06, 4121.39, 4123.31, 4123.418, 4301.10, 4301.12, 4301.17, 4301.19, 4301.24, 4301.30, 4301.43, 4305.13, 4305.131, 4509.101, 4511.102, 4511.191, 4511.83, 4701.20, 4703.16, 4703.50, 4709.06, 4713.19, 4715.06, 4715.13, 4715.14, 4715.16, 4715.21, 4715.24, 4715.27, 4715.35, 4717.06, 4717.07, 4717.09, 4717.18, 4723.08, 4723.24, 4723.28, 4723.31, 4723.41, 4723.46, 4723.56, 4723.59, 4725.06, 4725.45, 4729.15, 4729.29, 4729.51, 4729.52, 4729.54, 4729.55, 4729.65, 4731.09, 4731.10, 4731.14, 4731.15, 4731.17, 4731.22, 4731.24, 4731.26, 4731.281, 4731.291, 4731.38, 4731.40, 4731.53, 4731.56, 4732.04, 4733.08, 4734.07, 4734.16, 4735.01, 4735.05, 4736.06, 4740.03, 4741.03, 4741.17, 4741.25, 4743.05, 4747.03, 4749.02, 4751.06, 4751.07, 4753.04, 4753.08, 4753.12, 4755.10, 4755.12, 4755.40, 4755.41, 4755.43, 4755.47, 4755.48, 4755.49, 4755.64, 4755.99, 4757.22, 4757.23, 4757.31, 4759.08, 4763.01, 4767.01, 4901.10, 4901.19, 4903.10, 4903.11, 4903.23, 4905.10, 4905.21, 4905.26, 4905.66, 4905.69, 4905.80, 4905.81, 4911.18, 4923.12, 4937.02, 4937.05, 4981.09, 5101.02, 5101.06, 5101.07, 5101.14, 5101.141, 5101.461, 5101.58, 5104.02, 5104.30, 5104.38, 5104.39, 5111.01, 5111.011, 5111.07, 5111.08, 5111.11, 5111.111, 5111.17, 5111.18, 5112.04, 5112.18, 5112.21, 5119.02, 5119.03, 5119.47, 5119.53, 5120.03, 5120.09, 5120.16, 5120.38, 5121.04, 5122.43, 5123.05, 5123.122, 5123.18, 5123.19, 5123.34, 5126.022, 5126.08, 5126.356, 5139.01, 5139.03, 5139.04, 5139.07, 5139.34, 5139.36, 5139.42, 5139.43, 5139.86, 5153.16, 5153.161, 5153.162, 5301.67, 5301.68, 5301.69, 5701.01, 5701.05, 5703.21, 5709.62, 5709.63, 5709.632, 5709.66, 5711.22, 5711.32, 5725.01, 5725.18, 5727.111, 5727.12, 5728.09, 5728.10, 5729.03, 5733.01, 5733.02, 5733.022, 5733.03, 5733.031, 5733.04, 5733.042, 5733.05, 5733.051, 5733.052, 5733.053, 5733.055, 5733.06, 5733.061, 5733.065, 5733.066, 5733.067, 5733.068, 5733.069, 5733.09, 5733.11, 5733.12, 5733.121, 5733.26, 5733.31, 5733.311, 5733.32, 5733.33, 5733.34, 5733.98, 5735.11, 5735.12, 5735.121, 5739.01, 5739.02, 5739.024, 5739.033, 5739.07, 5739.072, 5739.13, 5739.132, 5739.133, 5739.15, 5739.17, 5741.10, 5741.101, 5741.14, 5743.081, 5743.082, 5743.52, 5743.56, 5747.01, 5747.02, 5747.025, 5747.03, 5747.057, 5747.062, 5747.07, 5747.072, 5747.08, 5747.11, 5747.12, 5747.13, 5747.14, 5747.15, 5747.18, 5747.20, 5747.21, 5747.22, 5747.26, 5747.261, 5747.30, 5747.31, 5747.32, 5747.98, 5749.06, 5749.07, 5749.10, 5902.01, 5910.04, and 6109.21; to amend and renumber as indicated in parentheses section 122.19 (122.16) as it results from Sub. H.B. 441 of the 121st General Assembly; to enact new sections 901.41, 901.42, 1703.08, 3905.33, and 5747.23 and sections 111.25, 113.21, 121.371, 126.14, 131.38, 131.41, 175.041, 177.011, 901.21, 1506.24, 1515.091, 1555.09, 2151.422, 2151.55, 2921.431, 3113.40, 3301.134, 3301.801, 3311.057, 3313.535, 3313.613, 3313.844, 3314.01 to 3314.10, 3316.041, 3317.026, 3317.51, 3319.089, 3319.223, 3319.224, 3323.012, 3329.16, 3345.182, 3345.70, 3701.031, 3702.31, 3702.5211, 3793.21, 4117.101, 4121.446, 4123.402, 4141.131, 4707.011, 4723.561, 5101.112, 5101.142, 5101.143, 5101.831, 5101.832, 5101.891, 5103.12, 5104.381, 5107.021, 5107.35, 5111.172, 5123.194, 5126.081, 5126.082, 5126.121, 5501.38, 5725.181, 5729.031, 5733.056, 5733.057, 5733.058, 5733.0611, 5733.40, 5733.41, 5735.143, 5747.059, 5747.40, 5747.41, 5747.42, 5747.43, 5747.44, 5747.45, 5747.451, 5747.452, and 5747.453; to repeal sections 125.94, 164.13, 173.07, 329.07, 901.41, 901.42, 1703.08, 1703.09, 1703.10, 1703.11, 1703.14, 2503.14, 2503.15, 2503.16, 2503.18, 3781.21, 3905.33, 3921.32, 4743.04, 5111.171, 5111.85, 5119.25, 5119.28, 5123.06, 5123.32, 5153.164, and 5747.23; to repeal section 3319.223, effective January 1, 2002; to repeal section 5725.181, effective January 1, 2003; and to repeal sections 5753.01, 5753.02, 5753.03, 5753.04, 5753.05, 5753.06, 5753.07, 5753.08, 5753.09, 5753.10, 5753.11, 5753.12, 5753.13, 5753.14, 5753.15, 5753.16, and 5753.99 of the Revised Code, effective January 1, 1999; and to amend Section 4 of Am. Sub. H.B. 478 of the 119th General Assembly, as subsequently amended; to amend Section 162 of Am. Sub. H.B. 298 of the 119th General Assembly; to amend Section 33 of Am. S.B. 206 of the 119th General Assembly, as subsequently amended; to amend Section 184 of Am. Sub. H.B. 152 of the 120th General Assembly, as subsequently amended; to amend Section 3 of Am. Sub. S.B. 20 of the 120th General Assembly; to amend Section 5 of Am. Sub. S.B. 50 of the 121st General Assembly; to amend Section 5 of Sub. S.B. 223 of the 121st General Assembly; to amend Sections 5.01, 5.05, 15.02, and 19 of Am. Sub. S.B. 264 of the 121st General Assembly; to amend Sections 45.32 and 153 of Am. Sub. H.B. 117 of the 121st General Assembly; to amend Section 3 of Sub. H.B. 441 of the 121st General Assembly; to amend Section 4 of Sub. H.B. 167 of the 121st General Assembly, as subsequently amended; to amend Sections 4 and 48 of Am. H.B. 748 of the 121st General Assembly; to amend Sections 13, 35, 39, 40, 51.03, 51.04, 51.06, and 52 of Am. H.B. 748 of the 121st General Assembly, as subsequently amended; to repeal Section 12 of Am. Sub. S.B. 259 of the 121st General Assembly; to repeal Sections 40, 41, 42, and 43 of Am. Sub. S.B. 310 of the 121st General Assembly; to repeal Section 166 of Am. Sub. H.B. 117 of the 121st General Assembly; to repeal Section 201 of Am. Sub. H.B. 117 of the 121st General Assembly, as subsequently amended; to repeal Section 5 of Sub. H.B. 870 of the 119th General Assembly; to amend section 5729.031 of the Revised Code on July 1, 1999; to maintain certain provisions of this act on and after September 30, 1997, by amending the version of section 2151.355 of the Revised Code that takes effect on that date; and to maintain certain provisions of this act on and after March 4, 1998, by amending the version of section 4301.17 of the Revised Code that takes effect on that date to make operating appropriations for the biennium beginning July 1, 1997, and ending June 30, 1999, and to provide authorization and conditions for the operation of state programs.

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


Section 1. That sections 3.17, 3.24, 9.06, 101.23, 101.27, 101.35, 102.02, 103.143, 103.21, 107.30, 107.40, 111.15, 111.16, 117.44, 119.01, 120.04, 120.33, 121.04, 121.08, 121.37, 121.38, 121.40, 121.52, 122.15, 122.151, 122.152, 122.153, 122.154, 122.17, 122.18, 122.29, 122.73, 122.89, 124.136, 124.15, 124.152, 124.18, 124.181, 124.34, 124.382, 124.383, 124.385, 124.391, 125.04, 125.05, 125.13, 125.15, 125.22, 125.28, 125.42, 125.83, 125.831, 125.87, 126.07, 126.12, 126.21, 126.26, 127.16, 131.35, 131.44, 135.142, 145.73, 149.303, 149.331, 164.08, 164.09, 169.02, 169.03, 169.05, 169.08, 171.05, 173.02, 175.21, 181.52, 307.86, 321.46, 329.04, 329.06, 718.01, 924.10, 1309.32, 1309.39, 1309.40, 1309.41, 1309.42, 1309.43, 1310.37, 1503.05, 1503.141, 1506.21, 1506.22, 1506.23, 1513.29, 1513.30, 1515.09, 1517.11, 1557.06, 1703.03, 1703.05, 1703.07, 1703.12, 1703.22, 1703.26, 1703.27, 1707.041, 1707.44, 1731.07, 1785.01, 2113.07, 2151.23, 2151.355, 2151.421, 2744.01, 2744.02, 2744.03, 2744.05, 2941.51, 3301.075, 3301.0711, 3301.0714, 3301.0719, 3301.80, 3307.01, 3309.01, 3311.053, 3311.056, 3313.172, 3313.372, 3313.871, 3313.975, 3316.03, 3316.04, 3317.01, 3317.02, 3317.022, 3317.023, 3317.0212, 3317.0213, 3317.03, 3317.08, 3317.10, 3317.11, 3317.14, 3318.02, 3318.03, 3318.041, 3319.17, 3332.07, 3333.12, 3333.20, 3333.27, 3334.01, 3334.03, 3334.08, 3334.09, 3334.10, 3334.11, 3334.17, 3345.11, 3345.12, 3345.50, 3345.51, 3365.01, 3365.02, 3365.021, 3365.03, 3365.06, 3383.01, 3383.08, 3501.10, 3501.11, 3501.17, 3501.28, 3701.14, 3701.261, 3701.502, 3701.74, 3702.30, 3702.511, 3702.68, 3705.24, 3719.02, 3719.021, 3729.40, 3734.18, 3734.57, 3734.82, 3734.904, 3734.907, 3737.02, 3745.11, 3745.21, 3745.25, 3746.121, 3748.07, 3748.12, 3748.13, 3769.088, 3769.10, 3770.01, 3770.02, 3770.06, 3773.43, 3773.56, 3781.061, 3781.182, 3793.10, 3901.17, 3905.30, 3905.34, 3905.35, 3905.36, 3905.37, 3917.01, 3918.01, 3918.02, 3921.30, 3960.03, 4111.01, 4117.01, 4117.02, 4117.06, 4121.39, 4123.31, 4123.418, 4301.10, 4301.12, 4301.17, 4301.19, 4301.24, 4301.30, 4301.43, 4305.13, 4305.131, 4509.101, 4511.102, 4511.191, 4511.83, 4701.20, 4703.16, 4703.50, 4709.06, 4713.19, 4715.06, 4715.13, 4715.14, 4715.16, 4715.21, 4715.24, 4715.27, 4715.35, 4717.06, 4717.07, 4717.09, 4717.18, 4723.08, 4723.24, 4723.28, 4723.31, 4723.41, 4723.46, 4723.56, 4723.59, 4725.06, 4725.45, 4729.15, 4729.29, 4729.51, 4729.52, 4729.54, 4729.55, 4729.65, 4731.09, 4731.10, 4731.14, 4731.15, 4731.17, 4731.22, 4731.24, 4731.26, 4731.281, 4731.291, 4731.38, 4731.40, 4731.53, 4731.56, 4732.04, 4733.08, 4734.07, 4734.16, 4735.01, 4735.05, 4736.06, 4740.03, 4741.03, 4741.17, 4741.25, 4743.05, 4747.03, 4749.02, 4751.06, 4751.07, 4753.04, 4753.08, 4753.12, 4755.10, 4755.12, 4755.40, 4755.41, 4755.43, 4755.47, 4755.48, 4755.49, 4755.64, 4755.99, 4757.22, 4757.23, 4757.31, 4759.08, 4763.01, 4767.01, 4901.10, 4901.19, 4903.10, 4903.11, 4903.23, 4905.10, 4905.21, 4905.26, 4905.66, 4905.69, 4905.80, 4905.81, 4911.18, 4923.12, 4937.02, 4937.05, 4981.09, 5101.02, 5101.06, 5101.07, 5101.14, 5101.141, 5101.461, 5101.58, 5104.02, 5104.30, 5104.38, 5104.39, 5111.01, 5111.011, 5111.07, 5111.08, 5111.11, 5111.111, 5111.17, 5111.18, 5112.04, 5112.18, 5112.21, 5119.02, 5119.03, 5119.47, 5119.53, 5120.03, 5120.09, 5120.16, 5120.38, 5121.04, 5122.43, 5123.05, 5123.122, 5123.18, 5123.19, 5123.34, 5126.022, 5126.08, 5126.356, 5139.01, 5139.03, 5139.04, 5139.07, 5139.34, 5139.36, 5139.42, 5139.43, 5139.86, 5153.16, 5153.161, 5153.162, 5301.67, 5301.68, 5301.69, 5701.01, 5701.05, 5703.21, 5709.62, 5709.63, 5709.632, 5709.66, 5711.22, 5711.32, 5725.01, 5725.18, 5727.111, 5727.12, 5728.09, 5728.10, 5729.03, 5733.01, 5733.02, 5733.022, 5733.03, 5733.031, 5733.04, 5733.042, 5733.05, 5733.051, 5733.052, 5733.053, 5735.055, 5733.06, 5733.061, 5733.065, 5733.066, 5733.067, 5733.068, 5733.069, 5733.09, 5733.11, 5733.12, 5733.121, 5733.26, 5733.31, 5733.311, 5733.32, 5733.33, 5733.34, 5733.98, 5735.11, 5735.12, 5735.121, 5739.01, 5739.02, 5739.024, 5739.033, 5739.07, 5739.072, 5739.13, 5739.132, 5739.133, 5739.15, 5739.17, 5741.10, 5741.101, 5741.14, 5743.081, 5743.082, 5743.52, 5743.56, 5747.01, 5747.02, 5747.025, 5747.03, 5747.057, 5747.062, 5747.07, 5747.072, 5747.08, 5747.11, 5747.12, 5747.13, 5747.14, 5747.15, 5747.18, 5747.20, 5747.21, 5747.22, 5747.26, 5747.261, 5747.30, 5747.31, 5747.32, 5747.98, 5749.06, 5749.07, 5749.10, 5902.01, 5910.04, and 6109.21 be amended; section 122.19 (122.16) as it results from Sub. H.B. 441 of the 121st General Assembly be amended and renumbered; and new sections 901.41, 901.42, 1703.08, 3905.33, and 5747.23 and sections 111.25, 113.21, 121.371, 126.14, 131.38, 131.41, 175.041, 177.011, 901.21, 1506.24, 1515.091, 1555.09, 2151.422, 2151.55, 2921.431, 3113.40, 3301.134, 3301.801, 3311.057, 3313.535, 3313.613, 3313.844, 3314.01, 3314.02, 3314.03, 3314.04, 3314.05, 3314.06, 3314.07, 3314.08, 3314.09, 3314.10, 3316.041, 3317.026, 3317.51, 3319.089, 3319.223, 3319.224, 3323.012, 3329.16, 3345.182, 3345.70, 3701.031, 3702.31, 3702.5211, 3793.21, 4117.101, 4121.446, 4123.402, 4141.131, 4707.011, 4723.561, 5101.112, 5101.142, 5101.143, 5101.831, 5101.832, 5101.891, 5103.12, 5104.381, 5107.021, 5107.35, 5111.172, 5123.194, 5126.081, 5126.082, 5126.121, 5501.38, 5725.181, 5729.031, 5733.056, 5733.057, 5733.058, 5733.0611, 5733.40, 5733.41, 5735.143, 5747.059, 5747.40, 5747.41, 5747.42, 5747.43, 5747.44, 5747.45, 5747.451, 5747.452, and 5747.453 of the Revised Code be enacted to read as follows:

Sec. 3.17. (A) Except as otherwise provided in division (C) of this section, any ANY member of a board, commission, council, board of trustees of an institution of higher education, or other public body of the state, EXCEPT A MEMBER OF THE GENERAL ASSEMBLY OR A JUDGE OF ANY COURT IN THE STATE, who fails to attend at least three-fifths of the regular and special meetings held by that board, commission, council, board of trustees, or public body during any two-year period forfeits his THE MEMBER'S position on that board, commission, council, board of trustees, or public body.

(B) The director of budget and management annually shall set a maximum cost per page and a maximum total cost for the printing by any board, commission, council, or other public body of the state of any annual report or any other report that it is required by law to produce. No board, commission, council, or other public body of the state shall expend or incur the expenditure of any amount in excess of these maximum amounts without the prior approval of the director.

(C) Divisions (A) and (B) of this section do not apply to the general assembly or any court.

Sec. 3.24. Every person holding an elected office under the constitution or laws of this state may administer oaths of office to persons elected or appointed to offices under the constitution or laws of this state if those persons are elected or appointed to offices within the geographical limits of his THE ELECTED OFFICER'S constituency, except that members of the general assembly may administer oaths of office to persons elected or appointed to any office under the constitution or laws of this state. Nothing in this section shall forbid the judge of a court established by the constitution of this state OR A NOTARY PUBLIC COMMISSIONED IN THIS STATE from administering an oath to any person.

When an oath of office is required to be certified in writing, the person taking the oath shall write his THE PERSON'S signature immediately under the text of the oath. The person administering the oath under authority of this section shall then write his THE ADMINISTERING PERSON'S signature, the title of the elected office which he THAT THE ADMINISTERING PERSON holds, and the date; and shall affix the seal of his office if a seal is prescribed for, or has been adopted by, his THE ADMINISTERING PERSON'S office.

Sec. 9.06. (A) The department of rehabilitation and correction, and counties and municipal corporations to the extent authorized in sections 307.93, 341.35, 753.03, and 753.15 of the Revised Code, may contract for the private operation and management of a facility under this section. The contracts shall be for an initial term of no more than two years, with an option to renew for additional periods of two years. Any contractor who applies to operate and manage a facility shall be accredited by the American correctional association AND SHALL, AT THE TIME OF THE APPLICATION, OPERATE AND MANAGE ONE OR MORE FACILITIES ACCREDITED BY THE AMERICAN CORRECTIONAL ASSOCIATION.

Before a public entity may enter into a contract under this section, the contractor shall convincingly demonstrate to the public entity that it can operate the facility WITH THE INMATE CAPACITY REQUIRED BY THE PUBLIC ENTITY and provide the services required in this section and realize at least a five per cent savings over the projected cost to the public entity of providing these same services to operate the facility that is the subject of the contract. No out-of-state prisoners may be housed in any facility that is the subject of a contract entered into under to this section.

(B) Any contract entered into under this section shall include all of the following:

(1) A requirement that the contractor retain his THE CONTRACTOR'S accreditation from the American correctional association throughout the contract term;

(2) A requirement that the contractor seek, obtain, and maintain accreditation from the American correctional association for the facility during the term of the contract; ALL OF THE FOLLOWING CONDITIONS BE MET:

(a) THE CONTRACTOR BEGINS THE PROCESS OF ACCREDITING THE FACILITY WITH THE AMERICAN CORRECTIONAL ASSOCIATION NO LATER THAN SIXTY DAYS AFTER THE FACILITY RECEIVES ITS FIRST INMATE.

(b) THE CONTRACTOR RECEIVES ACCREDITATION OF THE FACILITY WITHIN TWELVE MONTHS AFTER THE DATE THE CONTRACTOR APPLIES TO THE AMERICAN CORRECTIONAL ASSOCIATION FOR ACCREDITATION.

(c) ONCE THE ACCREDITATION IS RECEIVED, THE CONTRACTOR MAINTAINS IT FOR THE DURATION OF THE CONTRACT TERM.

(d) IF THE CONTRACTOR DOES NOT COMPLY WITH DIVISIONS (B)(2)(a) TO (c) OF THIS SECTION, THE CONTRACTOR IS IN VIOLATION OF THE CONTRACT AND THE PUBLIC ENTITY MAY REVOKE THE CONTRACT AT ITS DISCRETION.

(3) A requirement that the contractor comply with all rules promulgated by the department of rehabilitation and correction that apply to the operation and management of correctional facilities, INCLUDING THE MINIMUM STANDARDS FOR JAILS IN OHIO AND POLICIES REGARDING THE USE OF FORCE AND THE USE OF DEADLY FORCE, although the public entity may require more stringent standards, and comply with any applicable laws, rules, or regulations of the federal, state, and local governments, including, but not limited to, sanitation, food service, safety, and health regulations. The contractor shall be required to send copies of reports of inspections completed by the appropriate authorities regarding compliance with rules and regulations to the director of rehabilitation and correction or the director's designee and, if contracting with a local public entity, to the governing authority of that entity.

(4) A requirement that the contractor report for investigation all crimes in connection with the facility to the public entity, to all local law enforcement agencies having jurisdiction at the facility, and, for crime committed at a state correctional institution, to the state highway patrol;

(5) A requirement that, if the facility is a state correctional institution, the contractor provide a written report WITHIN SPECIFIED TIME LIMITS to the director of rehabilitation and correction or the director's designee of all unusual incidents at the facility as defined in rules promulgated by the department of rehabilitation and correction or, if the facility is a local correctional institution, that the contractor provide a written report to the governing authority of the local public entity.

(6) A requirement that the contractor maintain proper control of inmates' personal funds pursuant to rules promulgated by the department of rehabilitation and correction, for state correctional institutions, or pursuant to the minimum standards for jails along with any additional standards established by the local public entity, for local correctional institutions, and that records pertaining to these funds be made available to representatives of the public entity for review or audit;

(7) A requirement that the contractor prepare and distribute to the director of rehabilitation and correction or, if contracting with a local public entity, to the governing authority of the local entity, annual budget income and expenditure statements and funding source financial reports;

(8) A requirement that the public entity appoint and supervise a full-time contract monitor and require, THAT the contractor to provide suitable office space for the contract monitor at the facility., AND THAT THE CONTRACTOR ALLOW THE CONTRACT MONITOR UNRESTRICTED ACCESS TO ALL PARTS OF THE FACILITY AND ALL RECORDS OF THE FACILITY EXCEPT THE CONTRACTOR'S FINANCIAL RECORDS;

(9) A REQUIREMENT THAT IF THE FACILITY IS A STATE CORRECTIONAL INSTITUTION, DESIGNATED DEPARTMENT OF REHABILITATION AND CORRECTION STAFF MEMBERS BE ALLOWED ACCESS TO THE FACILITY IN ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT;

(10) A requirement that the contractor provide internal and perimeter security to protect the public, staff members, and inmates AS AGREED UPON IN THE CONTRACT;

(10)(11) If the facility is a state correctional institution, a requirement that the contractor impose discipline on inmates housed in a state correctional institution, only in accordance with rules promulgated by the department of rehabilitation and correction;

(11)(12) A requirement that the facility be staffed at all times with a staffing pattern APPROVED BY THE PUBLIC ENTITY AND adequate both to ensure supervision of inmates and maintenance of security within the facility, and to provide for programs, transportation, security, and other operational needs. In determining security needs, the contractor shall be required to consider, among other things, the proximity of the facility to neighborhoods and schools.

(12)(13) If the contract is with a local public entity a requirement that the contractor provide the following services and programs, consistent with the minimum standards for jails promulgated by the department of rehabilitation and correction under section 5120.10 of the Revised Code;

(13)(14) A clear statement that no immunity from liability granted to the state, and no immunity from liability granted to political subdivisions under Chapter 2744. of the Revised Code, shall extend to the contractor or any of his THE CONTRACTOR'S employees;

(14)(15) A statement that all documents and records maintained by the contractor relevant to the facility shall be public records, except for financial records and personnel records MAINTAINED IN THE SAME MANNER REQUIRED FOR, AND SUBJECT TO THE SAME LAWS, RULES, AND REGULATIONS AS APPLY TO, THE RECORDS OF THE PUBLIC ENTITY;

(15)(16) Authorization for the public entity to impose a fine on the contractor from a schedule of fines included in the contract for the contractor's failure to perform its contractual duties, or to cancel the contract, as the public entity considers appropriate. If a fine is imposed, the public entity may reduce the payment owed to the contractor pursuant to any invoice in the amount of the imposed fine.

(16)(17) A statement that all services provided or goods produced at the facility shall be subject to the same regulations, and the same distribution limitations, as apply to goods and services produced at other correctional institutions.;

(18) AUTHORIZATION FOR THE DEPARTMENT TO ESTABLISH ONE OR MORE PRISON INDUSTRIES AT A FACILITY OPERATED AND MANAGED BY A CONTRACTOR FOR THE DEPARTMENT.

(C) No contract entered into under this section may require, authorize, or imply a delegation of the authority or responsibility of the public entity to a contractor for any of the following:

(1) Developing or implementing procedures for calculating inmate release and parole eligibility dates and recommending the granting or denying of parole, although the contractor may submit written reports that have been prepared in the ordinary course of business;

(2) Developing or implementing procedures for calculating and awarding good time, approving the type of work inmates may perform and the wage or good time, if any, that may be given to inmates engaging in such work, and granting, denying, or revoking good time;

(3) Classifying an inmate or placing an inmate in a more or a less restrictive custody than the custody ordered by the public entity;

(4) Approving inmates for work release;

(5) CONTRACTING FOR LOCAL OR LONG DISTANCE TELEPHONE SERVICES FOR INMATES OR RECEIVING COMMISSIONS FROM SUCH SERVICES AT A FACILITY THAT IS OWNED BY OR OPERATED UNDER A CONTRACT WITH THE DEPARTMENT.

(D) A contractor that has been approved to operate a facility under this section shall provide an adequate policy of insurance specifically including, BUT NOT LIMITED TO, insurance for civil rights claims as determined by a risk management or actuarial firm with demonstrated experience in public liability for state governments. The insurance policy shall provide that the state, including all state agencies, and all political subdivisions of the state with jurisdiction over the facility or in which a facility is located are named as insured, and that the state and its political subdivisions shall be sent any notice of cancellation. The contractor may not self-insure.

The contractor shall indemnify, defend, and hold harmless the state, its officers, agents, and employees, and any local government entity in the state having jurisdiction over the facility or ownership of the facility, from all of the following:

(1) Any claims or losses for services rendered by the contractor or person performing or supplying services in connection with the performance of the contract;

(2) Any failure of the contractor or its officers or employees to adhere to the laws, rules, regulations, or terms agreed to in the contract;

(3) Any constitutional, federal, state, or civil rights claim brought against the state related to the facility operated and managed by the contractor;

(4) Any claims, losses, demands, or causes of action arising out of the contractor's activities in this state;

(5) Any attorney's fees or court costs arising from any habeas corpus actions or other inmate suits that may arise from any event that occurred at the facility or was a result of such an event, or arise over the conditions, management, or operation of the facility, which fees and costs shall include, but not be limited to, attorney's fees for the state's representation and for any court-appointed representation of any inmate, and the costs of any special judge who may be appointed to hear such actions.

(E) Private correctional officers of a private contractor may carry and use firearms in the course of their employment only after being certified as satisfactorily completing an approved training program as described in division (A) of section 109.78 of the Revised Code.

(F) Upon notification by the contractor of an escape from, or of a disturbance at, the facility that is the subject of a contract entered into under this section, the department of rehabilitation and correction and state and local law enforcement agencies shall use all reasonable means to recapture escapees or quell any disturbance. Any cost incurred by the state or its political subdivisions relating to the apprehension of an escapee or the quelling of a disturbance at the facility shall be chargeable to and borne by the contractor. The contractor shall also reimburse the state or its political subdivisions for all reasonable costs incurred relating to the temporary detention of the escapee following recapture.

(G) Any offense that would be a crime if committed at a state correctional institution or jail, workhouse, prison, or other correctional facility shall be a crime if committed by or with regard to inmates at facilities operated pursuant to a contract entered into under this section.

(H) THE CONTRACTOR SHALL PAY ANY INMATE WORKERS AT THE FACILITY AT THE RATE APPROVED BY THE PUBLIC ENTITY. INMATES WORKING AT THE FACILITY SHALL NOT BE CONSIDERED EMPLOYEES OF THE CONTRACTOR.

(I) As used in this section:

(1) "Public entity" means the department of rehabilitation and correction, or a county or municipal corporation or a combination of counties and municipal corporations, that has jurisdiction over a facility that is the subject of a contract entered into under this section.

(2) "Local public entity" means a county or municipal corporation, or a combination of counties and municipal corporations, that has jurisdiction over a jail, workhouse, or other correctional facility used only for misdemeanants that is the subject of a contract entered into under this section.

(3) "Governing authority of a local public entity" means, for a county, the board of county commissioners; for a municipal corporation, the legislative authority; for a combination of counties and municipal corporation, all the boards of county commissioners and municipal legislative authorities that joined to create the facility.

(4) "Contractor" means a person who enters into a contract under this section to operate and manage a jail, workhouse, or other correctional facility.

(5) "Facility" means the specific county, multicounty, municipal, municipal-county, or multicounty-municipal jail, workhouse, prison, or other type of correctional institution or facility used only for misdemeanants, or a state correctional institution, that is the subject of a contract entered into under this section.

Sec. 101.23. The oath of office of senators and representatives, the president AND PRESIDENT PRO TEMPORE of the senate, the speaker and speaker pro tempore of the house of representatives, and the clerk of the senate, executive secretary and legislative clerk of the house of representatives, and their assistants, and the sergeant at arms, and assistant sergeant at arms of each house, may be administered by a member or by a person authorized to administer oaths.

Sec. 101.27. (A) Every member of the senate, except the members elected president, president pro tempore, assistant president pro tempore, majority whip, minority leader, assistant minority leader, minority whip, and assistant minority whip, shall receive as compensation a salary of thirty thousand one hundred fifty-two dollars a year during his THE SENATOR'S term of office, and every member of the house of representatives, except the members elected speaker, speaker pro tempore, majority floor leader, assistant majority floor leader, majority whip, assistant majority whip, minority leader, assistant minority leader, minority whip, and assistant minority whip, shall receive as compensation a salary of thirty thousand one hundred fifty-two dollars a year during his THE REPRESENTATIVE'S term of office. Such salaries shall be paid in equal monthly installments during such term. All monthly payments shall be made on or before the fifth day of each month. Upon the death of any member of the general assembly during his THE MEMBER'S term of office, any unpaid salary due such member for the remainder of his THE MEMBER'S term shall be paid to his THE MEMBER'S dependent, surviving spouse, children, mother, or father, in the order in which the relationship is set forth in this section in monthly installments.

Each member shall receive a travel allowance of twenty and one-half cents a PER mile each way, AT THE STANDARD MILEAGE RATE ALLOWED BY THE INTERNAL REVENUE SERVICE FOR COMPUTING EMPLOYEE CAR EXPENSES, for mileage once a week during the session from and to his THE MEMBER'S place of residence, by the most direct highway route of public travel to and from the seat of government, to be paid quarterly on the last day of March, June, September, and December of each year.

Beginning on January 1, 1985, the member of the senate elected president and the member of the house of representatives elected speaker shall each receive as compensation a salary of forty-seven thousand dollars a year during his THE PRESIDENT'S OR SPEAKER'S term of office.

The member of the senate elected president pro tempore, the member of the senate elected minority leader, the member of the house of representatives elected speaker pro tempore, and the member of the house of representatives elected minority leader shall each receive as compensation a salary of forty-two thousand eight hundred eighty-three dollars a year during his THE MEMBER'S term of office. The member of the house of representatives elected majority floor leader and the member of the senate elected assistant president pro tempore shall each receive as compensation a salary of forty thousand three hundred ninety-four dollars a year during his THE MEMBER'S term of office. The member of the senate elected assistant minority leader and the member of the house of representatives elected assistant minority leader shall each receive as compensation a salary of thirty-nine thousand one hundred fifty-two dollars a year during his THE MEMBER'S term of office. The member of the senate elected majority whip and the member of the house of representatives elected assistant majority floor leader shall each receive a salary of thirty-seven thousand nine hundred eight dollars a year during his THE MEMBER'S term of office. The member of the senate elected minority whip, the member of the house of representatives elected majority whip, and the member of the house of representatives elected minority whip shall each receive as compensation a salary of thirty-five thousand four hundred twenty-two dollars a year during his THE MEMBER'S term of office. The member of the house of representatives elected assistant majority whip shall receive as compensation a salary of thirty-two thousand nine hundred thirty-five dollars a year during his THE MEMBER'S term of office. The member of the house of representatives elected assistant minority whip and the member of the senate elected assistant minority whip shall each receive a salary of thirty-one thousand five hundred forty-four dollars a year during his THE MEMBER'S term of office.

The chairman CHAIRPERSON of the finance committee of each house shall receive an additional sum of seven thousand dollars annually. The chairman CHAIRPERSON of each standing committee of each house other than the finance committee shall receive an additional sum of five thousand dollars annually. The chairman CHAIRPERSON of each standing subcommittee of a finance committee shall receive an additional sum of five thousand dollars annually. The vice-chairman VICE-CHAIRPERSON of the finance committee of each house shall receive an additional sum of four thousand dollars annually. The ranking minority member of a finance committee that does not have any standing subcommittees shall receive an additional sum of five thousand dollars annually. The ranking minority member of a finance committee that has one or more standing subcommittees shall receive an additional sum of five thousand dollars. The ranking minority member of each standing subcommittee of a finance committee shall receive an additional sum of three thousand six hundred nine dollars annually. The chairman CHAIRPERSON of each standing subcommittee of each house other than a standing subcommittee of the finance committee shall receive an additional sum of three thousand six hundred nine dollars annually. The vice-chairman VICE-CHAIRPERSON and ranking minority member of each standing committee of each house other than the finance committee shall each receive an additional sum of three thousand six hundred nine dollars annually. Except for the ranking minority member of each standing subcommittee of a finance committee, the ranking minority member of each standing subcommittee of each house shall receive an additional sum of one thousand eight hundred four dollars annually.

No member may receive more than one additional sum for serving as chairman CHAIRPERSON, vice-chairman VICE-CHAIRPERSON, or ranking minority member of a standing committee or standing subcommittee, regardless of the number of standing committees or standing subcommittees on which he THE MEMBER serves as chairman CHAIRPERSON, vice-chairman VICE-CHAIRPERSON, or ranking minority member.

If a member is absent without leave, or is not excused on his THE MEMBER'S return, there shall be deducted from his THE MEMBER'S compensation twenty dollars for each day's absence.

(B)(1) During calendar year 1986, the salary of each member and officer of the general assembly shall be one hundred five per cent of those salaries prescribed by division (A) of this section.

(2) During calendar year 1987, the salary of each member and officer of the general assembly shall be one hundred five per cent of those salaries prescribed by division (B)(1) of this section.

(3) During calendar year 1988, the salary of each member and officer of the general assembly shall be one hundred five per cent of those salaries prescribed by division (B)(2) of this section.

(4) During calendar year 1989, the salary of each officer and member of the general assembly shall be one hundred five per cent of those salaries prescribed by division (B)(3) of this section.

(5) During calendar year 1990, the salary of each officer and member of the general assembly shall be one hundred five per cent of those salaries prescribed by division (B)(4) of this section.

(6) During calendar year 1991, the salary of each officer and member of the general assembly shall be one hundred five per cent of those salaries prescribed by division (B)(5) of this section.

(7) During calendar year 1992 and thereafter, the salary of each officer and member of the general assembly shall be one hundred five per cent of those salaries prescribed by division (B)(6) of this section.

As used in this section, "finance committee" means the finance committee of the senate and the finance-appropriations committee of the house of representatives.

Sec. 101.35. There is hereby created in the general assembly the joint committee on agency rule review. The committee shall consist of five members of the house of representatives and five members of the senate. Within fifteen days after the commencement of the first regular session of each general assembly, the speaker of the house of representatives SHALL APPOINT THE MEMBERS OF THE COMMITTEE FROM THE HOUSE OF REPRESENTATIVES, and the president of the senate shall each appoint the members of the committee from his house; not THE SENATE. NOT more than three of the members from each house shall be of the same political party. In the first regular session of a general assembly, the chairman CHAIRPERSON of the committee shall be appointed by the speaker of the house from among the house members of the committee, and the vice-chairman VICE-CHAIRPERSON shall be appointed by the president of the senate from among the senate members of the committee. In the second regular session of a general assembly, the chairman CHAIRPERSON shall be appointed by the president of the senate from among the senate members of the committee, and the vice-chairman VICE-CHAIRPERSON shall be appointed by the speaker of the house from among the house members of the committee. The chairman CHAIRPERSON, vice-chairman VICE-CHAIRPERSON, and members of the committee shall serve until their respective successors are appointed or until they are no longer members of the general assembly. When a vacancy occurs among the officers or members of the committee, it shall be filled in the same manner as the original appointment.

NOTWITHSTANDING SECTION 101.26 OF THE REVISED CODE, THE MEMBERS, WHEN ENGAGED IN THEIR DUTIES AS MEMBERS OF THE COMMITTEE, SHALL BE PAID AT THE PER DIEM RATE OF ONE HUNDRED FIFTY DOLLARS, AND THEIR NECESSARY TRAVELING EXPENSES, WHICH SHALL BE PAID FROM THE FUNDS APPROPRIATED FOR THE PAYMENT OF EXPENSES OF LEGISLATIVE COMMITTEES.

The committee has the same powers as other standing or select committees of the general assembly. Six members constitute a quorum, and the concurrence of six members is required for the recommendation of a concurrent resolution invalidating a proposed or effective rule, amendment, rescission, or part thereof, or for the suspension of a rule, amendment, rescission, or part thereof, under division (I) of section 119.03 or section 119.031 of the Revised Code.

The committee may meet during periods in which the general assembly has adjourned. At meetings of the committee, the committee may request a rule-making agency, as defined in section 119.01 of the Revised Code, to provide information relative to the agency's implementation of its statutory authority.

Sec. 102.02. (A) Except as otherwise provided in division (H) of this section, every person who is elected to or is a candidate for a state, county, or city office, or the office of member of the United States congress, and every person who is appointed to fill a vacancy for an unexpired term in such an elective office; all members of the state board of education; the director, assistant directors, deputy directors, division chiefs, or persons of equivalent rank of any administrative department of the state; the president or other chief administrative officer of every state institution of higher education as defined in section 3345.011 of the Revised Code; the chief executive officer of each state retirement system; all members of the board of commissioners on grievances and discipline of the supreme court and the ethics commission created under section 102.05 of the Revised Code; every business manager, treasurer, or superintendent of a city, local, exempted village, joint vocational, or cooperative education school district or an educational service center; every person who is elected to or is a candidate for the office of member of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district or of a governing board of an educational service center that has an average daily membership of twelve thousand or more as most recently certified to the state board of education pursuant to division (A) of section 3317.03 of the Revised Code; every public official or employee who is paid a salary or wage in accordance with schedule C of section 124.15 or schedule E-2 of section 124.152 of the Revised Code; and every other public official or employee who is designated by the appropriate ethics commission pursuant to division (B) of this section shall file with the appropriate ethics commission on a form prescribed by the commission, a statement disclosing:

(1) The name of the person filing the statement and each member of the person's immediate family and all names under which the person or members of the person's immediate family does business;

(2)(a) Subject to divisions (A)(2)(b), and (c) of this section and except as otherwise provided in section 102.022 of the Revised Code, identification of every source of income, other than income from a legislative agent identified in division (A)(2)(b) of this section, received during the preceding calendar year, in the person's own name or by any other person for the person's use or benefit, by the person filing the statement, and a brief description of the nature of the services for which the income was received. If the person filing the statement is a member of the general assembly, the statement shall identify the amount of every source of income received in accordance with the following ranges of amounts: zero or more but less than one thousand dollars; one thousand dollars or more but less than ten thousand dollars; ten thousand dollars or more but less than twenty-five thousand dollars; twenty-five thousand dollars or more but less than fifty thousand dollars; fifty thousand dollars or more but less than one hundred thousand dollars; and one hundred thousand dollars or more. Division (A)(2)(a) of this section shall not be construed to require a person filing the statement who derives income from a business or profession to disclose the individual items of income that constitute the gross income of that business or profession, except for those individual items of income that are attributable to the person's or, if the income is shared with the person, the partner's, solicitation of services or goods or performance, arrangement, or facilitation of services or provision of goods on behalf of the business or profession of clients, including corporate clients, who are legislative agents as defined in section 101.70 of the Revised Code. A person who files the statement under this section shall disclose the identity of and the amount of income received from a person whom the public official or employee knows or has reason to know is doing or seeking to do business of any kind with the public official's or employee's agency.

(b) If the person filing the statement is a member of the general assembly, the statement shall identify every source of income and the amount of that income that was received from a legislative agent, as defined in section 101.70 of the Revised Code, during the preceding calendar year, in the person's own name or by any other person for the person's use or benefit, by the person filing the statement, and a brief description of the nature of the services for which the income was received. Division (A)(2)(b) of this section requires the disclosure of clients of attorneys or persons licensed under section 4732.12 of the Revised Code, or patients of persons certified under section 4731.14 of the Revised Code if those clients or patients are legislative agents. Division (A)(2)(b) of this section requires a person filing the statement who derives income from a business or profession to disclose those individual items of income that constitute the gross income of that business or profession that are received from legislative agents.

(c) Except as otherwise provided in division (A)(2)(c) of this section, division (A)(2)(a) of this section applies to attorneys, physicians, and other persons who engage in the practice of a profession and who, pursuant to a section of the Revised Code, the common law of this state, a code of ethics applicable to the profession, or otherwise, generally are required not to reveal, disclose, or use confidences of clients, patients, or other recipients of professional services except under specified circumstances or generally are required to maintain those types of confidences as privileged communications except under specified circumstances. Division (A)(2)(a) of this section does not require an attorney, physician, or other professional subject to a confidentiality requirement as described in division (A)(2)(c) of this section to disclose the name, other identity, or address of a client, patient, or other recipient of professional services if the disclosure would threaten the client, patient, or other recipient of professional services, would reveal details of the subject matter for which legal, medical, or professional advice or other services were sought, or would reveal an otherwise privileged communication involving the client, patient, or other recipient of professional services. Division (A)(2)(a) of this section does not require an attorney, physician, or other professional subject to a confidentiality requirement as described in division (A)(2)(c) of this section to disclose in the brief description of the nature of services required by division (A)(2)(a) of this section any information pertaining to specific professional services rendered for a client, patient, or other recipient of professional services that would reveal details of the subject matter for which legal, medical, or professional advice was sought or would reveal an otherwise privileged communication involving the client, patient, or other recipient of professional services.

(3) The name of every corporation on file with the secretary of state that is incorporated in Ohio or holds a certificate of compliance authorizing it to do business in this state, trust, business trust, partnership, or association that transacts business in Ohio in which the person filing the statement or any other person for the person's use and benefit had during the preceding calendar year an investment of over one thousand dollars at fair market value as of the thirty-first day of December of the preceding calendar year, or the date of disposition, whichever is earlier, or in which the person holds any office or has a fiduciary relationship, and a description of the nature of the investment, office, or relationship. This division does not require disclosure of the name of any bank, savings and loan association, credit union, or building and loan association with which the person filing the statement has a deposit or a withdrawable share account.

(4) All fee simple and leasehold interests to which the person filing the statement holds legal title to or a beneficial interest in real property located within the state, excluding the person's residence and property used primarily for personal recreation;

(5) The names of all persons residing or transacting business in the state to whom the person filing the statement owes, in the person's own name or in the name of any other person, more than one thousand dollars. This division shall not be construed to require the disclosure of debts owed by the person resulting from the ordinary conduct of a business or profession or debts on the person's residence or real property used primarily for personal recreation, except that the superintendent of financial institutions shall disclose the names of all state-chartered savings and loan associations and of all service corporations subject to regulation under division (E)(2) of section 1151.34 of the Revised Code to whom the superintendent in the superintendent's own name or in the name of any other person owes any money, and that the superintendent and any deputy superintendent of banks shall disclose the names of all state-chartered banks and all bank subsidiary corporations subject to regulation under section 1109.44 of the Revised Code to whom the superintendent or deputy superintendent owes any money.

(6) The names of all persons residing or transacting business in the state, other than a depository excluded under division (A)(3) of this section, who owes more than one thousand dollars to the person filing the statement, either in the person's own name or to any person for the person's use or benefit. This division shall not be construed to require the disclosure of clients of attorneys or persons licensed under section 4732.12 or 4732.15 of the Revised Code, or patients of persons certified under section 4731.14 of the Revised Code, nor the disclosure of debts owed to the person resulting from the ordinary conduct of a business or profession.

(7) Except as otherwise provided in section 102.022 of the Revised Code, the source of each gift of over seventy-five dollars, or of each gift of over twenty-five dollars received by a member of the general assembly from a legislative agent, received by the person in the person's own name or by any other person for the person's use or benefit during the preceding calendar year, except gifts received by will or by virtue of section 2105.06 of the Revised Code, or received from spouses, parents, grandparents, children, grandchildren, siblings, nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or any person to whom the person filing the statement stands in loco parentis, or received by way of distribution from any inter vivos or testamentary trust established by a spouse or by an ancestor;

(8) Except as otherwise provided in section 102.022 of the Revised Code, identification of the source and amount of every payment of expenses incurred for travel to destinations inside or outside this state that is received by the person in the person's own name or by any other person for the person's use or benefit and that is incurred in connection with the person's official duties except for expenses for travel to meetings or conventions of a national or state organization to which either house of the general assembly, any legislative agency, a state institution of higher education as defined in section 3345.031 of the Revised Code, any other state agency, or any political subdivision or any office or agency of a political subdivision pays membership dues.

(9) Except as otherwise provided in section 102.022 of the Revised Code, identification of the source of payment of expenses for meals and other food and beverages, other than for meals and other food and beverages provided at a meeting at which the person participated in a panel, seminar, or speaking engagement or at a meeting or convention of a national or state organization to which either house of the general assembly, any legislative agency, a state institution of higher education as defined in section 3345.031 of the Revised Code, any other state agency, or any political subdivision or any office or agency of a political subdivision pays membership dues, that are incurred in connection with the person's official duties and that exceed one hundred dollars aggregated per calendar year;

(10) If the financial disclosure statement is filed by a public official or employee described in division (B)(2) of section 101.73 of the Revised Code or division (B)(2) of section 121.63 of the Revised Code who receives a statement from a legislative agent, executive agency lobbyist, or employer that contains the information described in division (F)(2) of section 101.73 of the Revised Code or division (G)(2) of section 121.63 of the Revised Code, all of the nondisputed information contained in the statement delivered to that public official or employee by the legislative agent, executive agency lobbyist, or employer under division (F)(2) of section 101.73 or (G)(2) of section 121.63 of the Revised Code. As used in division (A)(10) of this section, "legislative agent," "executive agency lobbyist," and "employer" have the same meanings as in sections 101.70 and 121.60 of the Revised Code.

A person may file a statement required by this section in person or by mail. A person who is a candidate for elective office shall file the statement no later than the thirtieth day before the primary, special, or general election at which such candidacy is to be voted on, whichever election occurs sooner, except a person who is a write-in candidate shall file the statement no later than the twentieth day before the earliest election at which the person's candidacy is to be voted on. A person who holds elective office shall file the statement on or before the fifteenth day of April of each year, unless the person is a candidate for office. A person who is appointed to fill a vacancy for an unexpired term in an elective office shall file the statement within fifteen days after the person qualifies for office. Other persons shall file an annual statement on or before the fifteenth day of April or, if appointed or employed after that date, within ninety days after appointment or employment. No person shall be required to file with the appropriate ethics commission more than one statement or pay more than one filing fee for any one calendar year.

The appropriate ethics commission, for good cause, may extend for a reasonable time the deadline for filing a disclosure statement under this section.

A statement filed under this section is subject to public inspection at locations designated by the appropriate ethics commission except as otherwise provided in this section.

(B) The Ohio ethics commission, the joint legislative ethics committee, and the board of commissioners on grievances and discipline of the supreme court, using the rule-making procedures of Chapter 119. of the Revised Code, may require any class of public officials or employees under its jurisdiction and not specifically excluded by this section whose positions involve a substantial and material exercise of administrative discretion in the formulation of public policy, expenditure of public funds, enforcement of laws and rules of the state or a county or city, or the execution of other public trusts, to file an annual statement on or before the fifteenth day of April under division (A) of this section. The appropriate ethics commission shall send the public officials or employees written notice of the requirement by the fifteenth day of February of each year the filing is required, unless the public official or employee is appointed after that date, in which case the notice shall be sent within thirty days after appointment, and the filing shall be made not later than ninety days after appointment.

Disclosure statements filed under this division with the Ohio ethics commission by members of boards, commissions, or bureaus of the state for which no compensation is received other than reasonable and necessary expenses shall be kept confidential. Disclosure statements filed with the Ohio ethics commission under division (A) of this section by business managers, treasurers, and superintendents of city, local, exempted village, joint vocational, or cooperative education school districts or educational service centers shall be kept confidential, except that any person conducting an audit of any such school district pursuant to section 115.56 or Chapter 117. of the Revised Code may examine the disclosure statement of any business manager, treasurer, or superintendent of that school district or educational service center. The Ohio ethics commission shall examine each disclosure statement required to be kept confidential to determine whether a potential conflict of interest exists for the person who filed the disclosure statement. A potential conflict of interest exists if the private interests of the person, as indicated by the person's disclosure statement, might interfere with the public interests the person is required to serve in the exercise of the person's authority and duties in the person's office or position of employment. If the commission determines that a potential conflict of interest exists, it shall notify the person who filed the disclosure statement and shall make the portions of the disclosure statement that indicate a potential conflict of interest subject to public inspection in the same manner as is provided for other disclosure statements. Any portion of the disclosure statement that the commission determines does not indicate a potential conflict of interest shall be kept confidential by the commission and shall not be made subject to public inspection, except as is necessary for the enforcement of Chapters 102. and 2921. of the Revised Code and except as otherwise provided in this paragraph.

(C) No person shall knowingly fail to file, on or before the applicable filing deadline under this section, a statement that is required by this section.

(D) No person shall knowingly file a false statement that is required to be filed under this section.

(E)(1) Except as provided in divisions (E)(2) and (3) of this section, on and after March 2, 1994, the statement required by division (A) or (B) of this section shall be accompanied by a filing fee of twenty-five dollars.

(2) The statement required by division (A) of this section shall be accompanied by a filing fee to be paid by the person who is elected or appointed to or is a candidate for any of the following offices:
For state office, except member of
state board of education$50
For office of member of United States 
congress or member of general assembly$25
For county office$25
FOR CITY OFFICE$10
For office of member of state board 
of education$10
For office of member of city, local, 
exempted village, or cooperative 
education board of 
education or educational service 
center governing board$ 5
For position of business manager, 
treasurer, or superintendent of 
city, local, exempted village, joint 
vocational, or cooperative education 
school district or 
educational service center$ 5

(3) No judge of a court of record or candidate for judge of such a court, and no referee or magistrate serving a court of record, shall be required to pay the fee required under division (E)(1) or (2), or (F) of this section.

(4) For any public official who is appointed to a nonelective office of the state and for any employee who holds a nonelective position in a public agency of the state, the state agency that is the primary employer of the state official or employee shall pay the fee required under division (E)(1) or (F) of this section.

(F) If a statement required to be filed under this section is not filed by the date on which it is required to be filed, the appropriate ethics commission shall assess the person required to file the statement a late filing fee equal to one-half of the applicable filing fee for each day the statement is not filed, except that the total amount of the late filing fee shall not exceed one hundred dollars.

(G)(1) The appropriate ethics commission other than the Ohio ethics commission shall deposit all fees it receives under divisions (E) and (F) of this section into the general revenue fund of the state.

(2) The Ohio ethics commission shall deposit all fees it receives under divisions (E) and (F) of this section and all moneys it receives from settlements under division (G) of section 102.06 of the Revised Code into the Ohio ethics commission fund, which is hereby created in the state treasury. All moneys credited to the fund shall be used solely for expenses related to the operation of the commission.

(H) Division (A) of this section does not apply to a person elected or appointed to the office of precinct, ward, or district committee member under Chapter 3517. of the Revised Code; a presidential elector; a delegate to a national convention; village or township officials and employees; any physician or psychiatrist who is paid a salary or wage in accordance with schedule C of section 124.15 or schedule E-2 of section 124.152 of the Revised Code and whose primary duties do not require the exercise of administrative discretion; or any member of a board, commission, or bureau of any county or city who receives less than one thousand dollars per year for serving in that position.

Sec. 103.143. In addition to its duties under section 103.14 of the Revised Code, the legislative budget office of the legislative service commission shall, in accordance with this section, review all bills assigned to a committee of the general assembly, complete the appropriate local impact statements required by this section, and compile and distribute these statements as required by division (D) of this section.

(A) Whenever any bill THAT DOES NOT CONTAIN AN APPROPRIATION is introduced into either house of the general assembly and receives second consideration pursuant to the rules of that house, the bill shall be reviewed immediately by the legislative budget officer. Upon completing this review, the legislative budget officer shall determine whether the bill could result in a net additional cost to school districts, counties, townships, or municipal corporations from any new or expanded program or service that school districts, counties, townships, or municipal corporations would be required to perform or administer under the bill. If he THE LEGISLATIVE BUDGET OFFICER determines that it could result in such a cost, the legislative budget office shall prepare a local impact statement in the manner specified in this section. Immediately upon determining the potential for a net additional cost, the legislative budget officer shall notify the sponsor of the bill, the chairman CHAIRPERSON of the committee to which the bill has been assigned, and the presiding officer and minority leader of the house in which the bill originates of his THE LEGISLATIVE BUDGET OFFICER'S determination by signing and dating a statement to be delivered to them.

If a local impact statement is required, the legislative budget office shall, as soon as possible but no later than thirty days after the date the bill is scheduled for a first hearing in a committee in the house in which the bill was introduced or no later than thirty days after being requested to do so by the chairman CHAIRPERSON of such a committee, prepare a statement containing the most accurate estimate possible, in dollars, of the net additional costs, if any, that will be required of school districts, counties, townships, or municipal corporations to perform or administer a new or expanded program or service required under the bill. Copies of this statement shall be sent to the governor, the speaker of the house of representatives, the president of the senate, the sponsor of the bill, the minority leader in both houses, and the chairman CHAIRPERSON of the committee to which the bill has been assigned.

No bill for which a local impact statement is required by this section shall be voted out of committee until after the committee members have received and considered the statement or, if the bill was amended in committee, the revised statement, unless the bill is voted out of committee by a two-thirds vote of the membership of the committee.

(B) In preparing a local impact statement, the legislative budget office may request any department, division, institution, board, commission, authority, bureau, or other instrumentality or officer of the state, a school district, a county, a municipal corporation, or a township to provide any of the following information:

(1) An estimate, in dollars, of the amount by which the bill would increase or decrease the revenues received or expenditures made by the instrumentality, officer, or entity;

(2) Any other information the legislative budget office considers necessary for it to understand or explain the fiscal effect of the bill.

An instrumentality, officer, or entity shall comply with a request as soon as reasonably possible, but not later than fifteen days, after receiving it. The legislative budget office shall specify the manner of compliance in its request, and if necessary may specify a period of time longer than fifteen days for compliance. The legislative budget office may consider any information provided under division (B)(1) or (2) of this section in preparing a local impact statement.

(C) Any time a bill is amended, the legislative budget office shall, as soon as reasonably possible, revise the local impact statement to reflect changes made by amendment.

(D) The legislative budget office shall annually compile the final local impact statements completed for all laws passed by both houses of the general assembly in the preceding year. It shall send a copy of this compilation as a draft report to the state and local government commission and to associations or nonprofit organizations formed for the improvement of school districts or municipal, township, or county government or for their elected officials by the last day of July of each year. Upon receiving the draft report, the state and local government commission shall solicit comments from these associations and organizations about the actual fiscal impact of bills passed during the year covered by the report. The commission shall review and comment on the draft report before returning it to the legislative budget office, along with the comments of the associations and organizations, by the last day of August. The legislative budget office shall then prepare a final report consisting of the compiled local impact statements and all comments returned by the state and local government commission. The final report shall be completed by the last day of September and copies of the report shall be sent to the governor, the speaker of the house of representatives, and the president of the senate.

(E) As used in this section, "net additional cost" means any cost incurred or anticipated to be incurred by a school district, county, township, or municipal corporation in performing or administering a new or expanded program or service required by a state law other than any of the following:

(1) A cost arising from the exercise of authority granted by a state law rather than from the performance of a duty or obligation imposed by a state law;

(2) New duties or obligations that create only a minimal cost for affected school districts, counties, townships, or municipal corporations. The legislative budget office shall determine what constitutes such a minimal cost. Before making this determination, the legislative budget office shall notify the state organizations that represent school districts, counties, townships, and municipal corporations regarding the proposed determination and provide a thirty-day period for these organizations and individual school districts, counties, townships, and municipal corporations to comment on it.

(3) A cost arising from a law passed as a result of a federal mandate.

The amounts described in division (E)(2) of this section include only the amounts remaining after subtracting from such costs any revenues received or receivable by the school district, county, township, or municipal corporation on account of the program or service, including the following:

(i) Fees charged to the recipients of the program or service;

(ii) State or federal aid paid specifically or categorically in connection with the program or service;

(iii) Any offsetting savings resulting from the diminution or elimination of any other program or service directly attributable to the performance or administration of the required program or service.

Sec. 103.21. (A) The compensation of the director and all officers and employees of the Ohio legislative service commission, the expenses of the commission, and the expenses of the director and the employees of the commission shall be paid out of appropriations made for that purpose upon vouchers signed APPROVED by the director and the chairman CHAIRPERSON of the commission.

(B) The director of budget and management shall, upon the request of the director of the legislative service commission and with the approval of the chairman CHAIRPERSON and vice-chairman VICE-CHAIRPERSON of the commission, SHALL make transfers between any appropriations made to the commission.

Sec. 107.30. During each year in which a new governor is elected, the THE general assembly shall make an appropriation, IN THE OPERATING BUDGET FOR THE FISCAL YEAR IN WHICH A NEW GOVERNOR IS ELECTED, TO THE OFFICE OF BUDGET AND MANAGEMENT from unearmarked funds in the general revenue fund for the purchase of supplies and equipment and, the payment of salaries for the GOVERNOR-ELECT'S immediate staff, RENTAL OR OTHER CHARGES FOR OFFICE SPACE, THE RENTAL OR PURCHASE OF EQUIPMENT AND FURNITURE, PRINTING AND DISTRIBUTION OF THE INAUGURAL ADDRESS AS REQUIRED BY SECTION 149.04 of the Revised Code, AND OTHER REASONABLE EXPENSES of the governor-elect during the period of transition.

Sec. 107.40. (A) There is hereby created the governor's residence advisory commission. The commission shall provide for the preservation, restoration, acquisition, and conservation of all decorations, objects of art, chandeliers, china, silver, statues, paintings, furnishings, accouterments, and other aesthetic materials that have been acquired, donated, loaned, or otherwise obtained by the state for the governor's residence.

(B) The commission shall be responsible for the care, provision, repair, and placement of furnishings and other objects and accessories of the grounds and public areas of the first story of the governor's residence. In exercising this responsibility, the commission shall preserve and seek to further establish the authentic ambiance and decor of the historic era during which the governor's residence was constructed. These duties shall not affect the obligation of the department of administrative services to provide for the general maintenance and operating expenses of the governor's residence.

(C) The commission shall consist of nine members. One member shall be the director of administrative services or the director's designee, who shall serve during the director's term of office and shall serve as chair CHAIRPERSON. One member shall be the director of the Ohio historical society or the director's designee, who shall serve during the director's term of office and shall serve as vice-chair VICE-CHAIRPERSON. One member shall represent the Columbus landmarks foundation. One member shall represent the Bexley historical society. The remaining five members shall be appointed by the governor with the advice and consent of the senate. Not more than three of the members appointed by the governor shall be affiliated with the same political party. The five members appointed by the governor shall be persons with knowledge of Ohio history, architecture, decorative arts, or historic preservation.

(D) Of the initial appointees, the representative of the Columbus landmarks foundation shall serve for a term expiring December 31, 1996, and the representative of the Bexley historical society shall serve for a term expiring December 31, 1997. Of the five members appointed by the governor, three shall serve for terms ending December 31, 1998, and two shall serve for terms ending December 31, 1999. Thereafter, each term shall be for four years, commencing on the first day of January and ending on the last day of December. Each member shall hold office from the date of the member's appointment until the end of the term for which the member was appointed. Any member appointed to fill a vacancy occurring prior to the end of the term for which the member's predecessor was appointed shall hold office for the remainder of the term. Any member shall continue in office subsequent to the expiration of the term until the member's successor takes office.

(E) Five members of the commission constitute a quorum, and the affirmative vote of five members is required for approval of any action by the commission.

(F) After each initial member of the commission has been appointed, the commission shall meet and select one member as secretary and another as treasurer. Organizational meetings of the commission shall be held at the time and place designated by call of the chair CHAIRPERSON. Meetings of the commission may be held anywhere in the state and shall be in compliance with Chapters 121. and 149. of the Revised Code. The commission may adopt, pursuant to section 111.15 of the Revised Code, rules necessary to carry out the purposes of this section.

(G) Members of the commission shall serve without remuneration but shall be compensated for actual and necessary expenses incurred in the performance of their official duties.

(H) All expenses incurred in carrying out this section are payable solely from money accrued under this section or appropriated for these purposes by the general assembly, and the commission shall incur no liability or obligation beyond such money.

(I) The commission may accept any donation, gift, bequest, or devise in furtherance of its duties. Any revenue received by the commission shall be deposited into the governor's residence fund, which is hereby established in the state treasury, for use by the commission in accordance with the performance of its duties. All investment earnings of the fund shall be credited to the fund. Title to all property acquired by the commission shall be taken in the name of the state and shall be held for the use and benefit of the commission.

(J) Nothing in this section limits the ability of a person or other entity to purchase decorations, objects of art, chandeliers, china, silver, statues, paintings, furnishings, accouterments, or other aesthetic materials for placement in the governor's residence or donation to the commission. No such object, however, shall be placed on the grounds or public areas of the first story of the governor's residence without the consent of the commission.

Sec. 111.15. (A) As used in this section:

(1) "Rule" includes any rule, regulation, bylaw, or standard having a general and uniform operation adopted by an agency under the authority of the laws governing the agency; any appendix to a rule; and any internal management rule. "Rule" does not include any guideline adopted pursuant to section 3301.0714 of the Revised Code, any order respecting the duties of employees, any finding, any determination of a question of law or fact in a matter presented to an agency, or any rule promulgated pursuant to Chapter 119., section 4141.14, division (C)(1) or (2) of section 5117.02, or section 5703.14 of the Revised Code. "Rule" includes any amendment or rescission of a rule.

(2) "Agency" means any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the general assembly or any court.

(3) "Internal management rule" means any rule, regulation, bylaw, or standard governing the day-to-day staff procedures and operations within an agency.

(4) "Substantive revision" has the same meaning as in division (J) of section 119.01 of the Revised Code.

(B)(1) Any rule, other than a rule of an emergency nature, adopted by any agency pursuant to this section shall be effective on the tenth day after the day on which the rule in final form and in compliance with division (B)(3) of this section is filed as follows:

(a) Two certified copies of the rule shall be filed with both the secretary of state and the director of the legislative service commission;

(b) Two certified copies of the rule shall be filed with the joint committee on agency rule review. Division (B)(1)(b) of this section does not apply to any rule to which division (D) of this section does not apply.

An agency that adopts or amends a rule that is subject to division (D) of this section shall assign a review date to the rule that is not later than five years after its effective date. If no review date is assigned to a rule, or if a review date assigned to a rule exceeds the five-year maximum, the review date for the rule is five years after its effective date. A rule with a review date is subject to review under section 119.032 of the Revised Code. This paragraph does not apply to a rule of a state college or university, community college district, technical college district, or state community college.

If all copies are not filed on the same day, the rule shall be effective on the tenth day after the day on which the latest filing is made. If an agency in adopting a rule designates an effective date that is later than the effective date provided for by division (B)(1) of this section, the rule if filed as required by such division shall become effective on the later date designated by the agency.

Any rule that is required to be filed under division (B)(1) of this section is also subject to division (D) of this section if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or (8) of this section.

(2) A rule of an emergency nature necessary for the immediate preservation of the public peace, health, or safety shall state the reasons for the necessity. Copies of the emergency rule, in final form and in compliance with division (B)(3) of this section, shall be filed as follows: two certified copies of the emergency rule shall be filed with both the secretary of state and the director of the legislative service commission, and one certified copy of the emergency rule shall be filed with the joint committee on agency rule review. The emergency rule is effective immediately upon the latest filing, except that if the agency in adopting the emergency rule designates an effective date, or date and time of day, that is later than the effective date and time provided for by division (B)(2) of this section, the emergency rule if filed as required by such division shall become effective at the later date, or later date and time of day, designated by the agency.

An emergency rule becomes invalid at the end of the ninetieth day it is in effect. Prior to that date, the agency may file the emergency rule as a nonemergency rule in compliance with division (B)(1) of this section. The agency may not refile the emergency rule in compliance with division (B)(2) of this section so that, upon the emergency rule becoming invalid under such division, the emergency rule will continue in effect without interruption for another ninety-day period.

(3) An agency shall file a rule under division (B)(1) or (2) of this section in compliance with the following standards and procedures:

(a) The rule shall be numbered in accordance with the numbering system devised by the director for the Ohio administrative code.

(b) The rule shall be prepared and submitted in compliance with the rules of the legislative service commission.

(c) The rule shall clearly state the date on which it is to be effective and the date on which it will expire, if known.

(d) Each rule that amends or rescinds another rule shall clearly refer to the rule that is amended or rescinded. Each amendment shall fully restate the rule as amended.

If the director of the legislative service commission or the director's designee gives an agency written notice pursuant to section 103.05 of the Revised Code that a rule filed by the agency is not in compliance with the rules of the legislative service commission, the agency shall within thirty days after receipt of the notice conform the rule to the rules of the commission as directed in the notice.

(C) All rules filed pursuant to divisions (B)(1)(a) and (2) of this section shall be recorded by the secretary of state and the director under the title of the agency adopting the rule and shall be numbered according to the numbering system devised by the director. The secretary of state and the director shall preserve the rules in an accessible manner. Each such rule shall be a public record open to public inspection and may be lent to any law publishing company that wishes to reproduce it.

(D) At least sixty days before a board, commission, department, division, or bureau of the government of the state files a rule under division (B)(1) of this section, it shall file two copies of the full text of the proposed rule with the joint committee on agency rule review, and the proposed rule shall be IS subject to legislative review and invalidation under division (I) of section 119.03 of the Revised Code. If a state board, commission, department, division, or bureau makes a substantive revision in a proposed rule after it is filed with the joint committee, the state board, commission, department, division, or bureau shall promptly file two copies of the full text of the proposed rule in its revised form with the joint committee. The latest version of a proposed rule as filed with the joint committee supersedes each earlier version of the text of the same proposed rule. Except as provided in division (F) of this section, a state board, commission, department, division, or bureau shall attach one copy of the rule summary and fiscal analysis prepared under section 121.24 or 127.18 of the Revised Code, or both, to each copy of a proposed rule, and to each copy of a proposed rule in revised form, that is filed under this division.

AS USED IN THIS DIVISION, "COMMISSION" INCLUDES THE PUBLIC UTILITIES COMMISSION WHEN ADOPTING RULES UNDER A FEDERAL OR STATE STATUTE.

This division does not apply to any of the following:

(1) A proposed rule of an emergency nature;

(2) A rule proposed under section 1121.05, 1121.06, 1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised Code;

(3) A rule proposed by an agency other than a board, commission, department, division, or bureau of the government of the state;

(4) A proposed internal management rule of a board, commission, department, division, or bureau of the government of the state;

(5) A rule proposed by the Ohio student aid commission, that complies with a federal law or rule, so long as the proposed rule contains both of the following:

(a) A statement that it is proposed for the purpose of complying with a federal law or rule;

(b) A citation to the federal law or rule that requires compliance.

(6) Any proposed rule that must be adopted verbatim by an agency pursuant to federal law or rule, to become effective within sixty days of adoption, in order to continue the operation of a federally reimbursed program in this state, so long as the proposed rule contains both of the following:

(a) A statement that it is proposed for the purpose of complying with a federal law or rule;

(b) A citation to the federal law or rule that requires verbatim compliance.

(7) An initial rule proposed by the director of health to impose safety standards, quality-of-care standards, and quality-of-care data reporting requirements with respect to a health service specified in section 3702.11 of the Revised Code, or an initial rule proposed by the director to impose quality standards on a facility listed in division (A)(4) of section 3702.30 of the Revised Code, if section 3702.12 of the Revised Code requires that the rule be adopted under this section;

(8) A rule of the state lottery commission pertaining to instant game rules.

(E) Whenever a state board, commission, department, division, or bureau files a proposed rule or a proposed rule in revised form under division (D) of this section, it shall also file one copy of the full text of the same proposed rule or proposed rule in revised form with the secretary of state and two copies thereof with the director of the legislative service commission. Except as provided in division (F) of this section, a state board, commission, department, division, or bureau shall attach a copy of the rule summary and fiscal analysis prepared under section 121.24 or 127.18 of the Revised Code, or both, to each copy of a proposed rule or proposed rule in revised form that is filed with the secretary of state or the director of the legislative service commission.

(F) Except as otherwise provided in this division, the auditor of state or the auditor of state's designee is not required to attach a rule summary and fiscal analysis to any copy of a proposed rule, or proposed rule in revised form, that the auditor of state proposes under section 117.12, 117.19, 117.38, or 117.43 of the Revised Code and files under division (D) or (E) of this section. If, however, the auditor of state or the designee prepares a rule summary and fiscal analysis of the original version of such a proposed rule for purposes of complying with section 121.24 of the Revised Code, the auditor of state or designee shall attach a copy of the rule summary and fiscal analysis to each copy of the original version of the proposed rule filed under division (D) or (E) of this section.

Sec. 111.16. The secretary of state shall charge and collect, for the benefit of the state, the following fees:

(A) For filing and recording articles of incorporation OF A DOMESTIC CORPORATION, including designation of agent:

(1) Wherein the corporation shall not be authorized to issue any shares of capital stock, twenty-five dollars.

(2) Wherein the corporation shall be authorized to issue shares of capital stock, with or without par value:

(a) Ten cents for each share authorized up to and including one thousand shares;

(b) Five cents for each share authorized in excess of one thousand shares up to and including ten thousand shares;

(c) Two cents for each share authorized in excess of ten thousand shares up to and including fifty thousand shares;

(d) One cent for each share authorized in excess of fifty thousand shares up to and including one hundred thousand shares;

(e) One-half cent for each share authorized in excess of one hundred thousand shares up to and including five hundred thousand shares;

(f) One-quarter cent for each share authorized in excess of five hundred thousand shares; provided no fee shall be less than eighty-five dollars OR GREATER THAN ONE HUNDRED THOUSAND DOLLARS.

(B) For filing and recording a certificate of amendment to or amended articles of incorporation OF A DOMESTIC CORPORATION, or FOR FILING AND RECORDING a certificate of reorganization, or a certificate of dissolution, OR AN AMENDMENT TO A FOREIGN LICENSE APPLICATION:

(1) If the DOMESTIC corporation is not authorized to issue any shares of capital stock, twenty-five dollars;

(2) If the DOMESTIC corporation is authorized to issue shares of capital stock, thirty-five dollars, and in case of any increase in the number of shares authorized to be issued, a further sum computed in accordance with the schedule set forth in division (A)(2) of this section less a credit computed in the same manner for the number of shares previously authorized to be issued by the corporation; PROVIDED NO FEE UNDER DIVISION (B)(2) OF THIS SECTION SHALL BE GREATER THAN ONE HUNDRED THOUSAND DOLLARS;

(3) IF THE FOREIGN CORPORATION IS NOT AUTHORIZED TO ISSUE ANY SHARES OF CAPITAL STOCK, FIFTY DOLLARS;

(4) IF THE FOREIGN CORPORATION IS AUTHORIZED TO ISSUE SHARES OF CAPITAL STOCK, FIFTY DOLLARS.

(C) For filing and recording articles of incorporation of a savings and loan association, one hundred dollars; for filing and recording a certificate of amendment to or amended articles of incorporation that do not involve an increase in the authorized capital stock of such corporation, twenty-five dollars; and for filing and recording a certificate of amendment to or amended articles of incorporation that do involve an increase in the authorized capital stock of such corporation, thirty-five dollars;

(D) For filing and recording a certificate of merger or consolidation, fifty dollars and, in the case of any new corporation resulting from a consolidation or any surviving corporation that has an increased number of shares authorized to be issued resulting from a merger, an additional sum computed in accordance with the schedule set forth in division (A)(2) of this section less a credit computed in the same manner for the number of shares previously authorized to be issued or represented in this state by each of the corporations for which a consolidation or merger is effected by the certificate;

(E) For filing and recording articles of incorporation of a credit union or the American credit union guaranty association, thirty-five dollars, and for filing and recording a certificate of increase in capital stock or any other amendment of the articles of incorporation of a credit union or the association, twenty-five dollars;

(F) For filing and recording articles of organization of a limited liability company or for filing and recording a registration application to become a domestic limited liability partnership or a registered foreign limited liability partnership, eighty-five dollars;

(G) For filing and recording a certificate of limited partnership or an application for registration as a foreign limited partnership the following apply:

(1) If the certificate or application is for a limited partnership or foreign limited partnership described in division (A)(1) of section 1782.63 of the Revised Code, and the partnership has complied with divisions (A)(1)(a) to (e) of that section, no fee;

(2) If the certificate or application is for a limited partnership or foreign limited partnership other than a partnership described in division (G)(1) of this section, eighty-five dollars.

(H) For filing a copy of papers evidencing the incorporation of a municipal corporation or of annexation of territory by a municipal corporation, five dollars, to be paid by the corporation, the petitioners therefor, or their agent;

(I) For filing and recording any of the following:

(1) A license to transact business in this state by a foreign corporation for profit pursuant to section 1703.04 of the Revised Code, one hundred dollars;

(2) An annual report pursuant to section 1703.07 or 1775.63 of the Revised Code, ten dollars;

(3) Any other certificate or paper that is required to be or is permitted by any provision of the Revised Code to be filed and recorded with the secretary of state, ten dollars.

(J) For filing any certificate or paper not required to be recorded, five dollars;

(K) For making copies of any certificate or other paper filed in the office of the secretary of state, the actual cost of duplicating the certificate or other paper, AND FOR CREATING AND AFFIXING THE SEAL OF THE OFFICE OF THE SECRETARY OF STATE TO ANY GOOD STANDING OR OTHER CERTIFICATE, FIVE DOLLARS, except that for copies of certificates or papers required by state officers for official purpose, no charge shall be made;

(L) For a minister's license to solemnize marriages, ten dollars;

(M) For examining documents to be filed at a later date for the purpose of advising as to the acceptability of the proposed filing, ten dollars;

(N) For expedited filing service for filings referred to in divisions (A), (B), (C), (D), (E), (F), and (G) of this section, ten dollars in addition to the fee for filing and recording provided in those divisions.

(O) Fees may be paid by credit card. Any credit card number or the expiration date of any credit card are IS not subject to disclosure under Chapter 149. of the Revised Code.

Sec. 111.25. THE SECRETARY OF STATE SHALL PRESCRIBE THE FOLLOWING FORMS FOR PERSONS TO USE IN COMPLYING WITH THE REQUIREMENTS OF CHAPTER 1309. OF THE REVISED CODE FOR THE FILING OF FINANCING STATEMENTS AND RELATED DOCUMENTS:

(A) THE FINANCING STATEMENT DESCRIBED IN DIVISION (A) OF SECTION 1309.39 OF THE REVISED CODE;

(B) A FORM FOR THE AMENDMENT OF A FINANCING STATEMENT DESCRIBED IN DIVISION (C) OF SECTION 1309.39 OF THE REVISED CODE;

(C) A CONTINUATION STATEMENT DESCRIBED IN DIVISION (C) OF SECTION 1309.40 OF THE REVISED CODE;

(D) A TERMINATION STATEMENT DESCRIBED IN DIVISION (A) OF SECTION 1309.41 OF THE REVISED CODE;

(E) A FORM FOR AN ASSIGNMENT OF RIGHTS UNDER A FINANCING STATEMENT DESCRIBED IN SECTION 1309.42 OF THE REVISED CODE;

(F) A STATEMENT OF RELEASE DESCRIBED IN SECTION 1309.43 OF THE REVISED CODE.

Sec. 113.21. THE TREASURY EDUCATION FUND IS HEREBY CREATED IN THE STATE TREASURY. THE FUND SHALL CONSIST OF GIFTS, GRANTS, AND CONTRIBUTIONS RECEIVED BY THE TREASURER OF STATE FOR THE PURPOSES OF THE FUND. THE FUND SHALL BE USED TO SUPPORT VARIOUS EDUCATION PROGRAMS, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PROGRAMS ON CAPITAL PROJECT FINANCING, LOCAL GOVERNMENT INVESTMENT, LINKED DEPOSITS, AND OTHER FINANCE-RELATED TOPICS. THE FUND SHALL BE ADMINISTERED BY THE TREASURER OF STATE, WHO SHALL ADOPT RULES FOR THE DISTRIBUTION OF FUND MONEYS. MONEYS IN THE FUND SHALL NOT REPLACE OTHER MONEYS EXPENDED BY LOCAL PROGRAMS FOR SIMILAR PURPOSES.

Sec. 117.44. To enhance local officials' background and working knowledge of government accounting, budgeting and financing, financial report preparation, and the rules adopted by the auditor of state, the auditor of state shall hold training programs for persons elected for the first time as township clerks, city auditors, and village clerks, between the first day of December and the fifteenth day of February immediately following a general election for any of these offices. Similar training may also be provided to any township clerk, city auditor, or village clerk who is appointed to fill a vacancy or who is elected in a special election.

The auditor of state also shall develop and provide an annual training program of continuing education for village clerks.

The auditor of state shall determine the manner, content, and length of the training programs after consultation with appropriate statewide organizations of local governmental officials. The auditor of state shall charge the political subdivisions that the trainees represent a registration fee that will meet actual and necessary expenses of the training, including instructor fees, site acquisition costs, and the cost of course materials. The necessary personal expenses incurred by the officials as a result of attending the training program shall be borne by the political subdivisions they represent.

The auditor of state shall allow any other interested person to attend any of the training programs that the auditor OF STATE holds pursuant to this section; provided, that before attending any such training program the interested person shall pay to the auditor of state the full registration fee that the auditor of state has set for the training program.

There is hereby established in the state treasury the auditor of state training program fund, to be used by the auditor of state for the actual and necessary expenses of any training programs held pursuant to this section OR SECTION 321.46 of the Revised Code. All registration fees collected under this section shall be paid into the fund.

Sec. 119.01. As used in sections 119.01 to 119.13 of the Revised Code:

(A) "Agency" means, except as limited by this division, any official, board, or commission having authority to promulgate rules or make adjudications in the bureau of employment services, the civil service commission, the department or, on and after July 1, 1997, the division of liquor control, the department of taxation, the industrial commission, the bureau of workers' compensation, the functions of any administrative or executive officer, department, division, bureau, board, or commission of the government of the state specifically made subject to sections 119.01 to 119.13 of the Revised Code, and the licensing functions of any administrative or executive officer, department, division, bureau, board, or commission of the government of the state having the authority or responsibility of issuing, suspending, revoking, or canceling licenses.

Sections EXCEPT AS OTHERWISE PROVIDED IN DIVISION (I) OF THIS SECTION, SECTIONS 119.01 to 119.13 of the Revised Code do not apply to the public utilities commission or. SECTIONS 119.01 TO 119.13 of the Revised Code DO NOT APPLY TO the utility radiological safety board, nor do they apply to actions of the superintendent of financial institutions and the superintendent of insurance in the taking possession of, and rehabilitation or liquidation of, the business and property of banks, savings and loan associations, savings banks, credit unions, insurance companies, associations, reciprocal fraternal benefit societies, and bond investment companies, nor OR to any action that may be taken by the superintendent of financial institutions under section 1113.03, 1121.05, 1121.06, 1121.10, 1125.09, 1125.12, 1125.18, 1155.18, 1157.01, 1157.02, 1157.10, 1163.22, 1165.01, 1165.02, 1165.10, 1733.35, 1733.361, 1733.37, 1733.412, or 1761.03 of the Revised Code.

Sections 119.01 to 119.13 of the Revised Code do not apply to actions of the industrial commission or the bureau of workers' compensation under sections 4123.01 to 4123.94 of the Revised Code with respect to all matters of adjudication, and to the actions of the industrial commission and bureau of workers' compensation under division (D) of section 4121.32 and sections 4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 4123.411, 4123.44, 4123.442, and divisions (B), (C), and (E) of section 4131.14 of the Revised Code.

Sections 119.01 to 119.13 of the Revised Code do not apply to actions of the bureau of employment services, except those relating to all of the following:

(1) The adoption, amendment, or rescission of rules;

(2) The issuance, suspension, revocation, or cancellation of licenses;

(3) Any hearing held pursuant to sections 4115.03 to 4115.16 of the Revised Code or Chapter 4109. or 4111. of the Revised Code.

(B) "License" means any license, permit, certificate, commission, or charter issued by any agency. "License" does not include any arrangement whereby a person, institution, or entity furnishes medicaid services under a provider agreement with the department of human services pursuant to Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.

(C) "Rule" means any rule, regulation, or standard, having a general and uniform operation, adopted, promulgated, and enforced by any agency under the authority of the laws governing such agency, and includes any appendix to a rule. "Rule" does not include any internal management rule of an agency unless the internal management rule affects private rights and does not include any guideline adopted pursuant to section 3301.0714 of the Revised Code.

(D) "Adjudication" means the determination by the highest or ultimate authority of an agency of the rights, duties, privileges, benefits, or legal relationships of a specified person, but does not include the issuance of a license in response to an application with respect to which no question is raised, nor other acts of a ministerial nature.

(E) "Hearing" means a public hearing by any agency in compliance with procedural safeguards afforded by sections 119.01 to 119.13 of the Revised Code.

(F) "Person" means a person, firm, corporation, association, or partnership.

(G) "Party" means the person whose interests are the subject of an adjudication by an agency.

(H) "Appeal" means the procedure by which a person, aggrieved by a finding, decision, order, or adjudication of any agency, invokes the jurisdiction of a court.

(I) "Rule-making agency" means any board, commission, department, division, or bureau of the government of the state that is required to file proposed rules, amendments, or rescissions under division (D) of section 111.15 of the Revised Code and any agency that is required to file proposed rules, amendments, or rescissions under divisions (B) and (H) of section 119.03 of the Revised Code. "RULE-MAKING AGENCY" INCLUDES THE PUBLIC UTILITIES COMMISSION. "Rule-making agency" does not include any state-supported college or university.

(J) "Substantive revision" means any addition to, elimination from, or other change in a rule, an amendment of a rule, or a rescission of a rule, whether of a substantive or procedural nature, that changes any of the following:

(1) That which the rule, amendment, or rescission permits, authorizes, regulates, requires, prohibits, penalizes, rewards, or otherwise affects;

(2) The scope or application of the rule, amendment, or rescission.

(K) "Internal management rule" means any rule, regulation, or standard governing the day-to-day staff procedures and operations within an agency.

Sec. 120.04. (A) The state public defender shall serve at the pleasure of the Ohio public defender commission and shall be an attorney with a minimum of four years of experience in the practice of law and be admitted to the practice of law in this state at least one year prior to his appointment.

(B) The state public defender shall do all of the following:

(1) Maintain a central office in Columbus. The central office shall be provided with a library of adequate size, considering the needs of the office and the accessibility of other libraries, and other necessary facilities and equipment.

(2) Appoint assistant state public defenders, all of whom shall be attorneys admitted to the practice of law in this state, and other personnel necessary for the operation of the state public defender office. Assistant state public defenders shall be appointed on a full-time basis. The state public defender, assistant state public defenders, and employees appointed by the state public defender shall not engage in the private practice of law.

(3) Supervise the compliance of county public defender offices, joint county public defender offices, and county appointed counsel systems with standards established by rules of the Ohio public defender commission pursuant to division (B) of section 120.03 of the Revised Code;

(4) Keep and maintain financial records of all cases handled and develop records for use in the calculation of direct and indirect costs, in the operation of the office, and report periodically, but not less than annually, to the commission on all relevant data on the operations of the office, costs, projected needs, and recommendations for legislation or amendments to court rules, as may be appropriate to improve the criminal justice system;

(5) Collect all moneys due the state for reimbursement for legal services under this chapter AND UNDER SECTION 2941.51 of the Revised Code and institute any actions in court on behalf of the state for the collection of such sums that he THE STATE PUBLIC DEFENDER considers advisable. Except as provided otherwise in division (D) of section 120.06 of the Revised Code, all moneys collected by the state public defender under this division CHAPTER AND SECTION 2941.51 of the Revised Code shall be deposited in the state treasury to the credit of the public defender reimbursement CLIENT PAYMENT fund, which is hereby created. All moneys credited to the fund shall be used by the state public defender to appoint assistant state public defenders and to provide other personnel, equipment, and facilities necessary for the operation of the state public defender office, or to reimburse counties for the operation of county public defender offices, joint county public defender offices, and county appointed counsel systems pursuant to sections 120.18, 120.28, and 120.33 of the Revised Code, OR TO PROVIDE ASSISTANCE TO COUNTIES IN THE OPERATION OF COUNTY INDIGENT DEFENSE SYSTEMS.

(6) With respect to funds appropriated to the commission to pay criminal costs, perform the duties imposed by section 2949.19 of the Revised Code;

(7) Establish standards and guidelines for the reimbursement, pursuant to sections 120.18, 120.28, 120.33, 2941.51, and 2949.19 of the Revised Code, of counties for the operation of county public defender offices, joint county public defender offices, and county appointed counsel systems and for other costs related to felony prosecutions;

(8) Establish maximum amounts that the state will reimburse the counties pursuant to sections 120.18, 120.28, 120.33, and 2941.51 of the Revised Code;

(9) Establish maximum amounts that the state will reimburse the counties pursuant to section 120.33 of the Revised Code for each specific type of legal service performed by a county appointed counsel system;

(10) Administer sections 120.18, 120.28, 120.33, 2941.51, and 2949.19 of the Revised Code and make reimbursements pursuant to those sections;

(11) Administer the program established pursuant to sections 120.51 to 120.55 of the Revised Code for the charitable public purpose of providing financial assistance to legal aid societies. Neither the state public defender nor any of his THE STATE PUBLIC DEFENDER'S employees who is responsible in any way for the administration of that program and who performs his THOSE administrative responsibilities in good faith is in any manner liable if a legal aid society that is provided financial assistance under the program uses the financial assistance other than in accordance with sections 120.51 to 120.55 of the Revised Code or fails to comply with the requirements of those sections.

(12) Establish an office for the handling of appeal and postconviction matters;

(13) Provide technical aid and assistance to county public defender offices, joint county public defender offices, and other local counsel providing legal representation to indigent persons, including representation and assistance on appeals.

(C) The state public defender may do any of the following:

(1) In providing legal representation, conduct investigations, obtain expert testimony, take depositions, use other discovery methods, order transcripts, and make all other preparations which are appropriate and necessary to an adequate defense or the prosecution of appeals and other legal proceedings;

(2) Seek, solicit, and apply for grants for the operation of programs for the defense of indigent persons from any public or private source, and may receive donations, grants, awards, and similar funds from any lawful source. Such funds shall be deposited in the state treasury to the credit of the public defender gifts and grants fund, which is hereby created.

(3) Make all the necessary arrangements to coordinate the services of the office with any federal, county, or private programs established to provide legal representation to indigent persons and others, and to obtain and provide all funds allowable under any such programs;

(4) Consult and cooperate with professional groups concerned with the causes of criminal conduct, the reduction of crime, the rehabilitation and correction of persons convicted of crime, the administration of criminal justice, and the administration and operation of the state public defender's office;

(5) Accept the services of volunteer workers and consultants at no compensation other than reimbursement for actual and necessary expenses;

(6) Prescribe any forms that are necessary for the uniform operation of this chapter;

(7) Contract with a county public defender commission or a joint county public defender commission to provide all or any part of the services that a county public defender or joint county public defender is required or permitted to provide by this chapter, or contract with a board of county commissioners of a county that is not served by a county public defender commission or a joint county public defender commission for the provision of services in accordance with section 120.33 of the Revised Code. All money received by the state public defender pursuant to such a contract shall be credited to the county representation fund created pursuant to division (D) of section 120.06 of the Revised Code.

(8) Authorize persons employed as criminal investigators to attend the Ohio peace officer training academy or any other peace officer training school for training;

(9) Procure a policy or policies of malpractice insurance that provide coverage for the state public defender and assistant state public defenders in connection with malpractice claims that may arise from their actions or omissions related to responsibilities derived pursuant to this chapter.

(D) No person employed by the state public defender as a criminal investigator shall attend the Ohio peace officer training academy or any other peace officer training school unless authorized to do so by the state public defender.

Sec. 120.33. (A) In lieu of using a county public defender or joint county public defender to represent indigent persons in the proceedings set forth in division (A) of section 120.16 of the Revised Code, the board of county commissioners of any county may adopt a resolution to pay counsel who are either personally selected by the indigent person or appointed by the court. The resolution shall include those provisions the board of county commissioners considers necessary to provide effective representation of indigent persons in any proceeding for which counsel is provided under this section. The resolution shall include provisions for contracts with any municipal corporation under which the municipal corporation shall reimburse the county for counsel appointed to represent indigent persons charged with violations of the ordinances of the municipal corporation.

(1) In a county that adopts a resolution to pay counsel, an indigent person shall have the right to do either of the following:

(a) To select the person's own personal counsel to represent the person in any proceeding included within the provisions of the resolution;

(b) To request the court to appoint counsel to represent the person in such a proceeding.

(2) The court having jurisdiction over the proceeding in a county that adopts a resolution to pay counsel shall, after determining that the person is indigent and entitled to legal representation under this section, do either of the following:

(a) By signed journal entry recorded on its docket, enter the name of the lawyer selected by the indigent person as counsel of record;

(b) Appoint counsel for the indigent person if the person has requested the court to appoint counsel and, by signed journal entry recorded on its dockets, enter the name of the lawyer appointed for the indigent person as counsel of record.

(3) The board of county commissioners shall establish a schedule of fees by case or on an hourly basis to be paid to counsel for legal services provided pursuant to a resolution adopted under this section. Prior to establishing the schedule, the board of county commissioners shall request the bar association or associations of the county to submit a proposed schedule. The schedule submitted shall be subject to the review, amendment, and approval of the board of county commissioners.

(4) Counsel selected by the indigent person or appointed by the court at the request of an indigent person in a county that adopts a resolution to pay counsel, except for counsel appointed to represent a person charged with any violation of an ordinance of a municipal corporation that has not contracted with the county commissioners for the payment of appointed counsel, shall be paid by the county and shall receive the compensation and expenses the court approves. Each request for payment shall be accompanied by an affidavit of indigency completed by the indigent person on forms prescribed by the state public defender. Compensation and expenses shall not exceed the amounts fixed by the board of county commissioners in the schedule adopted pursuant to division (A)(3) of this section. No court shall approve compensation and expenses that exceed the amount fixed pursuant to division (A)(3) of this section.

The fees and expenses approved by the court shall not be taxed as part of the costs and shall be paid by the county. However, if the person represented has, or may reasonably be expected to have, the means to meet some part of the cost of the services rendered to the person, the person shall reimburse PAY the county in an amount that the person reasonably can be expected to pay. The PURSUANT TO SECTION 120.04 of the Revised Code, THE county shall pay to the state public defender a percentage of the reimbursement PAYMENT received from such THE person in an amount proportionate to the percentage of the costs of the person's case that were paid to the county by the state public defender pursuant to this section. The money paid to the state public defender shall be credited to the public defender reimbursement CLIENT PAYMENT fund created pursuant to division (B)(5) of section 120.04 of the Revised Code.

The county auditor shall draw a warrant on the county treasurer for the payment of counsel in the amount fixed by the court, plus the expenses the court fixes and certifies to the auditor. The county auditor shall report periodically, but not less than annually, to the board of county commissioners and to the Ohio public defender commission the amounts paid out pursuant to the approval of the court. The board of county commissioners, after review and approval of the auditor's report, may then certify it to the state public defender for reimbursement. If a request for reimbursement is not accompanied by an affidavit of indigency completed by the indigent person on forms prescribed by the state public defender, the state public defender shall not pay the requested reimbursement. If a request for the reimbursement of the cost of counsel in any case is not received by the state public defender within ninety days after the end of the calendar month in which the case is finally disposed of by the court, unless the county has requested and the state public defender has granted an extension of the ninety-day limit, the state public defender shall not pay the requested reimbursement. The state public defender shall also review the report and, in accordance with the standards, guidelines, and maximums established pursuant to divisions (B)(7) and (8) of section 120.04 of the Revised Code, prepare a voucher for fifty per cent of the total cost of each county appointed counsel system in the period of time covered by the certified report and a voucher for fifty per cent of the costs and expenses that are reimbursable under section 120.35 of the Revised Code, if any, or, if the amount of money appropriated by the general assembly to reimburse counties for the operation of county public defender offices, joint county public defender offices, and county appointed counsel systems is not sufficient to pay fifty per cent of the total cost of all of the offices and systems other than costs and expenses that are reimbursable under section 120.35 of the Revised Code, for the lesser amount required by section 120.34 of the Revised Code.

(5) If any county appointed counsel system fails to maintain the standards for the conduct of the system established by the rules of the Ohio public defender commission pursuant to divisions (B) and (C) of section 120.03 or the standards established by the state public defender pursuant to division (B)(7) of section 120.04 of the Revised Code, the Ohio public defender commission shall notify the board of county commissioners of the county that the county appointed counsel system has failed to comply with its rules or the standards of the state public defender. Unless the board of county commissioners corrects the conduct of its appointed counsel system to comply with the rules and standards within ninety days after the date of the notice, the state public defender may deny all or part of the county's reimbursement from the state provided for in division (A)(4) of this section.

(B) In lieu of using a county public defender or joint county public defender to represent indigent persons in the proceedings set forth in division (A) of section 120.16 of the Revised Code, and in lieu of adopting the resolution and following the procedure described in division (A) of this section, the board of county commissioners of any county may contract with the state public defender for the state public defender's legal representation of indigent persons. A contract entered into pursuant to this division may provide for payment for the services provided on a per case, hourly, or fixed contract basis.

(C) If a court appoints an attorney pursuant to this section to represent a petitioner in a postconviction relief proceeding under section 2953.21 of the Revised Code, the petitioner has received a sentence of death, and the proceeding relates to that sentence, the attorney who represents the petitioner in the proceeding pursuant to the appointment shall be certified under Rule 65 of the Rules of Superintendence for Common Pleas Courts to represent indigent defendants charged with or convicted of an offense for which the death penalty can be or has been imposed.

Sec. 121.04. Offices are created within the several departments as follows:

In the department of commerce:
Commissioner of securities;
Superintendent of real estate AND PROFESSIONAL LICENSING;
Superintendent of financial institutions;
Fire marshal;
Beginning on July 1, 1997,
Superintendent of liquor control;
Superintendent of industrial compliance.

In the department of administrative services:
State architect and engineer;
Equal employment opportunity coordinator.

In the department of agriculture:

Chiefs of divisions as follows:
Administration;
Animal industry;
Dairy marketing;
Food, dairies, and drugs;
Plant industry;
Markets;
Meat inspections;
Consumer analytical laboratories;
Amusement ride safety;
Enforcement;
Weights and measures.

In the department of natural resources:

Chiefs of divisions as follows:
Water;
Mines and Reclamation;
Forestry;
Natural areas and preserves;
Wildlife;
Geological survey;
Parks and recreation;
Watercraft;
Oil and gas;
Recycling and litter prevention;
Civilian conservation;
Soil and water conservation;
Real estate and land management;
Engineering.

Until July 1, 1997, in the department of liquor control:

Chiefs of divisions as follows:
Accounting and finance;
Store management;
Personnel;
Beer.

In the department of insurance:
Deputy superintendent of insurance;
Assistant superintendent of insurance, technical;
Assistant superintendent of insurance, administrative;
Assistant superintendent of insurance, research.


Sec. 121.08. (A) There is hereby created in the department of commerce the position of deputy director of administration. This officer shall be appointed by the director of commerce, serve under the director's direction, supervision, and control, perform such duties as the director prescribes, and hold office during the director's pleasure. The assistant director of commerce may serve as the deputy director of administration. The deputy director of administration shall perform such duties as are prescribed by the director of commerce in supervising the activities of the division of administration of the department of commerce.

(B) Except as provided in section 121.07 of the Revised Code, the department of commerce shall have all powers and perform all duties vested in the deputy director of administration, the state fire marshal, the superintendent of financial institutions, the superintendent of real estate AND PROFESSIONAL LICENSING, the superintendent of liquor control, the superintendent of the division of industrial compliance, and the commissioner of securities, and shall have all powers and perform all duties vested by law in all officers, deputies, and employees of such offices. Except as provided in section 121.07 of the Revised Code, wherever powers are conferred or duties imposed upon any of such officers, such powers and duties shall be construed as vested in the department of commerce.

(C)(1) There is hereby created in the department of commerce a division of financial institutions, which shall have all powers and perform all duties vested by law in the superintendent of financial institutions. Wherever powers are conferred or duties imposed upon the superintendent of financial institutions, such powers and duties shall be construed as vested in the division of financial institutions. The division of financial institutions shall be administered by a superintendent of financial institutions.

(2) All provisions of law governing the superintendent of financial institutions shall apply to and govern the superintendent of financial institutions provided for in this section; all authority vested by law in the superintendent of financial institutions with respect to the management of the division of financial institutions shall be construed as vested in the superintendent of financial institutions created by this section with respect to the division of financial institutions provided for in this section; and all rights, privileges, and emoluments conferred by law upon the superintendent of financial institutions shall be construed as conferred upon the superintendent of financial institutions as head of the division of financial institutions. The director of commerce shall not transfer from the division of financial institutions any of the functions specified in division (C)(2) of this section.

(D) Beginning on July 1, 1997, there is hereby created in the department of commerce a division of liquor control, which shall have all powers and perform all duties vested by law in the superintendent of liquor control. Wherever powers are conferred or duties are imposed upon the superintendent of liquor control, those powers and duties shall be construed as vested in the division of liquor control. The division of liquor control shall be administered by a superintendent of liquor control.

(E) The director of commerce shall not be interested, directly or indirectly, in any firm or corporation which is a dealer in securities as defined in sections 1707.01 and 1707.14 of the Revised Code, or in any firm or corporation licensed under sections 1321.01 to 1321.19 of the Revised Code.

(F) The director of commerce shall not have any official connection with a savings and loan association, a savings bank, a bank, a bank holding company, a savings and loan association holding company, a consumer finance company, or a credit union that is under the supervision of the division of financial institutions, or a subsidiary of any of the preceding entities, or be interested in the business thereof.

(G) There is hereby created in the state treasury the division of administration fund. The fund shall receive assessments on the operating funds of the department of commerce in accordance with procedures prescribed by the director of commerce and approved by the director of budget and management. All operating expenses of the division of administration shall be paid from the division of administration fund.

(H) THERE IS HEREBY CREATED IN THE DEPARTMENT OF COMMERCE A DIVISION OF REAL ESTATE AND PROFESSIONAL LICENSING, WHICH SHALL BE UNDER THE CONTROL AND SUPERVISION OF THE DIRECTOR OF COMMERCE. THE DIVISION OF REAL ESTATE AND PROFESSIONAL LICENSING SHALL BE ADMINISTERED BY A SUPERINTENDENT OF REAL ESTATE AND PROFESSIONAL LICENSING. THE SUPERINTENDENT OF REAL ESTATE AND PROFESSIONAL LICENSING SHALL EXERCISE THE POWERS AND PERFORM THE FUNCTIONS AND DUTIES DELEGATED TO THE SUPERINTENDENT UNDER CHAPTERS 4707., 4735., 4749., 4763., AND 4767. OF THE REVISED CODE.

Sec. 121.37. (A)(1) There is hereby created the Ohio family and children first cabinet council. The council shall be composed of the superintendent of public instruction and the directors of youth services, human services, mental health, health, alcohol and drug addiction services, mental retardation and developmental disabilities, and budget and management. The chairperson of the council shall be the governor or the governor's designee and shall establish procedures for the council's internal control and management.

(2) The purpose of the cabinet council is to help families seeking government services. This section shall not be interpreted or applied to usurp the role of parents, but solely to streamline and coordinate existing government services for families seeking assistance for their children.

In seeking to fulfill its purpose, the council may do any of the following:

(a) Advise and make recommendations to the governor and general assembly regarding the provision of services to children;

(b) Advise and assess local governments on the coordination of service delivery to children;

(c) Hold meetings at such times and places as may be prescribed by the council's procedures and maintain records of the meetings, except that records indentifying IDENTIFYING individual children are confidential and shall only be disclosed ONLY as provided by law;

(d) Develop programs and projects, including pilot projects, to encourage coordinated efforts at the state and local level to improve the state's social service delivery system;

(e) Enter into contracts with and administer grants to county family and children first councils and local intersystem services for children clusters, as well as other county or multicounty organizations to plan and coordinate service delivery between state agencies and local service providers for families and children;

(f) Enter into contracts with and apply for grants from federal agencies or private organizations;

(g) Enter into interagency agreements to encourage coordinated efforts at the state and local level to improve the state's social service delivery system. The agreements may include provisions regarding the receipt, transfer, and expenditure of funds.

(3) The cabinet council shall do all of PROVIDE FOR the following:

(a) Review REVIEWS OF service and treatment plans for children for which such reviews are requested;

(b) Provide such assistance ASSISTANCE as the council determines to be necessary to meet the needs of children referred by county family and children first councils and local intersystem services for children clusters;

(c) Monitor MONITORING and supervise SUPERVISION OF a statewide, comprehensive, coordinated, multi-disciplinary, interagency system for infants and toddlers with developmental disabilities or delays and their families, as established pursuant to federal grants received and administered by the department of health for early intervention services under the "Education of the Handicapped Act Amendments of 1986," 100 Stat. 1145 (1986), 20 U.S.C.A. 1471, as amended;

(d) Adopt rules in accordance with Chapter 119. of the Revised Code establishing an administrative review process to address problems that arise concerning the operation of a dispute resolution process developed under a service coordination plan established pursuant to division (E) of this section.

(C)(B)(1) A EACH county may SHALL establish a county family and children first council. A COUNTY MAY INVITE ANY LOCAL PUBLIC OR PRIVATE AGENCY OR GROUP THAT FUNDS, ADVOCATES, OR PROVIDES SERVICES TO CHILDREN AND FAMILIES TO HAVE A REPRESENTATIVE BECOME A PERMANENT OR TEMPORARY MEMBER OF ITS COUNTY COUNCIL. EACH county council shall be composed of MUST INCLUDE the following individuals:

(a) AT LEAST THREE INDIVIDUALS WHOSE FAMILIES ARE OR HAVE RECEIVED SERVICES FROM AN AGENCY REPRESENTED ON THE COUNCIL OR ANOTHER COUNTY'S COUNCIL. WHERE POSSIBLE, THE NUMBER OF MEMBERS REPRESENTING FAMILIES SHALL BE EQUAL TO TWENTY PER CENT OF THE COUNCIL'S MEMBERSHIP.

(b) The director of the board of alcohol, drug addiction, and mental health services that serves the county, or, in the case of a county that has a board of alcohol and drug addiction services and a community mental health board, the directors of both boards;

(b). IF A BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES COVERS MORE THAN ONE COUNTY, THE DIRECTOR MAY DESIGNATE A PERSON TO PARTICIPATE ON THE COUNTY'S COUNCIL.

(c) The health commissioner, OR THE COMMISSIONER'S DESIGNEE, of the board of health of each city or AND general health district in the county, or their designees;

(c). IF THE COUNTY HAS TWO OR MORE HEALTH DISTRICTS, THE HEALTH COMMISSIONER MEMBERSHIP MAY BE LIMITED TO THE COMMISSIONERS OF THE TWO DISTRICTS WITH THE LARGEST POPULATIONS.

(d) The director of the county department of human services;

(d)(e) The executive director of the county agency responsible for the administration of children services pursuant to section 5153.15 of the Revised Code;

(e)(f) The superintendent of the county board of mental retardation and developmental disabilities;

(f)(g) The county's juvenile court judge senior in service OR ANOTHER JUDGE OF THE JUVENILE COURT DESIGNATED BY THE ADMINISTRATIVE JUDGE OR, WHERE THERE IS NO ADMINISTRATIVE JUDGE, BY THE JUDGE SENIOR IN SERVICE;

(g)(h) The superintendent of the city, exempted village, or local school district with the largest number of pupils residing in the county, as determined by the department of education, which shall notify each county of its determination at least biennially;

(h)(i) A school superintendent representing all other school districts with territory in the county, as designated at a biennial meeting of the superintendents of those districts;

(i)(j) A representative of the largest city MUNICIPAL CORPORATION WITH THE LARGEST POPULATION in the county;

(j)(k) The chair of the board of county commissioners, or an individual designated by the board;

(k)(l) A representative of the regional office of the department of youth services;

(l)(m) A representative of the county's head start agencies, as defined in section 3301.31 of the Revised Code;

(m)(n) A representative of the county's early intervention collaborative established pursuant to the federal early intervention program operated under the "Education of the Handicapped Act Amendments of 1986";

(n) At least three individuals representing the interests of families in the county. Where possible, the number of members representing families shall be equal to twenty per cent of the council's remaining membership.

A county family and children first council may invite any other local public or private agency or group that funds, advocates, or provides services to children to have a representative become a permanent or temporary member of the council."

Notwithstanding any other provision of law, the public members of a county council are not prohibited from serving on the council and making decisions regarding the duties OF THE COUNCIL, INCLUDING THOSE INVOLVING THE FUNDING OF JOINT PROJECTS AND THOSE outlined in the county's service coordination plan approved under MECHANISM IMPLEMENTED PURSUANT TO DIVISION (C) OF this section.

THE CABINET COUNCIL SHALL ESTABLISH A STATE APPEALS PROCESS TO RESOLVE DISPUTES AMONG THE MEMBERS OF A COUNTY COUNCIL CONCERNING WHETHER REASONABLE RESPONSIBILITIES AS MEMBERS ARE BEING SHARED. THE APPEALS PROCESS MAY BE ACCESSED ONLY BY A MAJORITY VOTE OF THE COUNCIL MEMBERS WHO ARE REQUIRED TO SERVE ON THE COUNCIL. UPON APPEAL, THE CABINET COUNCIL MAY ORDER THAT STATE FUNDS FOR SERVICES TO CHILDREN AND FAMILIES BE REDIRECTED TO A COUNTY'S BOARD OF COUNTY COMMISSIONERS.

(2) A county council shall do all of PROVIDE FOR the following:

(a) Refer REFERRALS to the cabinet council OF those children for whom the COUNTY council cannot provide adequate services;

(b) Make periodic reports to the cabinet council regarding the number of children referred to the county council and the progress made in meeting the needs of each child;

(c) Develop a plan that reviews and adjusts existing programs DEVELOPMENT AND IMPLEMENTATION OF A PROCESS THAT ANNUALLY EVALUATES AND PRIORITIZES SERVICES, fills service gaps where possible, or AND invents new approaches to achieve better results for families and children;

(d) Participate (c) PARTICIPATION in the development of a countywide, comprehensive, coordinated, multi-disciplinary, interagency system for infants and toddlers with developmental disabilities or delays and their families, as established pursuant to federal grants received and administered by the department of health for early intervention services under the "Education of the Handicapped Act Amendments of 1986";

(e) Maintain (d) MAINTENANCE OF an accountability system to monitor the COUNTY council's progress in achieving its purposes RESULTS FOR FAMILIES AND CHILDREN;

(f) Establish (e) ESTABLISHMENT OF a mechanism to ensure ongoing input from a broad representation of families who are receiving services within the county system.

(3)(a) Except as provided in division (C)(B)(3)(b) of this section, a county council shall comply with the policies, procedures, and activities prescribed by the rules or interagency agreements of a state department participating on the cabinet council to the extent that WHENEVER the county council performs a function subject to those rules or agreements.

(b) On application of a county council, the cabinet council may grant an exemption from any rules or interagency agreements of a state department participating on the council if an exemption is necessary for the council to implement a AN ALTERNATIVE program OR APPROACH for service delivery to families and children. The application shall describe the proposed program OR APPROACH and specify the rules or interagency agreements from which an exemption is necessary. The cabinet council shall approve or disapprove the application in accordance with standards and procedures it shall adopt. If an application is approved, the exemption is effective only while the program OR APPROACH is being implemented and, INCLUDING a reasonable period during which the program OR APPROACH is being evaluated for effectiveness.

(4) A county council may accept and expend donations received from any source. EACH COUNTY COUNCIL SHALL DESIGNATE AN ADMINISTRATIVE AGENT FOR THE COUNCIL FROM AMONG THE FOLLOWING PUBLIC ENTITIES: THE BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES, INCLUDING A BOARD OF ALCOHOL AND DRUG ADDICTION OR A COMMUNITY MENTAL HEALTH BOARD IF THE COUNTY IS SERVED BY SEPARATE BOARDS; THE BOARD OF COUNTY COMMISSIONERS; ANY BOARD OF HEALTH OF THE COUNTY'S CITY AND GENERAL HEALTH DISTRICTS; THE COUNTY DEPARTMENT OF HUMAN SERVICES; THE COUNTY AGENCY RESPONSIBLE FOR THE ADMINISTRATION OF CHILDREN SERVICES PURSUANT TO SECTION 5153.15 of the Revised Code; THE COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES; ANY OF THE COUNTY'S BOARDS OF EDUCATION OR GOVERNING BOARDS OF EDUCATIONAL SERVICE CENTERS; OR THE COUNTY'S JUVENILE COURT. ANY OF THE FOREGOING PUBLIC ENTITIES, OTHER THAN THE BOARD OF COUNTY COMMISSIONERS, MAY DECLINE TO SERVE AS THE COUNCIL'S ADMINISTRATIVE AGENT.

A COUNTY COUNCIL'S ADMINISTRATIVE AGENT SHALL SERVE AS THE COUNCIL'S APPOINTING AUTHORITY. THE COUNCIL SHALL FILE AN ANNUAL BUDGET WITH ITS ADMINISTRATIVE AGENT, WITH COPIES FILED WITH THE COUNTY AUDITOR AND WITH THE BOARD OF COUNTY COMMISSIONERS, UNLESS THE BOARD IS SERVING AS THE COUNCIL'S ADMINISTRATIVE AGENT. THE COUNCIL'S ADMINISTRATIVE AGENT SHALL ENSURE THAT ALL EXPENDITURES ARE HANDLED IN ACCORDANCE WITH POLICIES, PROCEDURES, AND ACTIVITIES PRESCRIBED BY STATE DEPARTMENTS IN RULES OR INTERAGENCY AGREEMENTS THAT ARE APPLICABLE TO THE COUNCIL'S FUNCTIONS.

THE ADMINISTRATIVE AGENT FOR A COUNTY COUNCIL MAY DO ANY OF THE FOLLOWING ON BEHALF OF THE COUNCIL:

(a) ENTER INTO AGREEMENTS OR ADMINISTER CONTRACTS WITH PUBLIC OR PRIVATE ENTITIES TO FULFILL SPECIFIC COUNCIL BUSINESS. SUCH AGREEMENTS AND CONTRACTS ARE EXEMPT FROM THE COMPETITIVE BIDDING REQUIREMENTS OF SECTION 307.86 OF THE REVISED CODE IF THEY HAVE BEEN APPROVED BY THE COUNTY COUNCIL AND THEY ARE FOR THE PURCHASE OF FAMILY AND CHILD WELFARE OR CHILD PROTECTION SERVICES OR OTHER SOCIAL OR HUMAN SERVICES FOR FAMILIES AND CHILDREN. THE APPROVAL OF THE COUNTY COUNCIL IS NOT REQUIRED TO EXEMPT AGREEMENTS OR CONTRACTS ENTERED INTO UNDER SECTION 5139.34, 5139.41, OR 5139.43 OF THE REVISED CODE FROM THE COMPETITIVE BIDDING REQUIREMENTS OF SECTION 307.86 OF THE REVISED CODE.

(b) AS DETERMINED BY THE COUNCIL, PROVIDE FINANCIAL STIPENDS, REIMBURSEMENTS, OR BOTH, TO FAMILY REPRESENTATIVES FOR EXPENSES RELATED TO COUNCIL ACTIVITY;

(c) RECEIVE BY GIFT, GRANT, DEVISE, OR BEQUEST ANY MONEYS, LANDS, OR OTHER PROPERTY FOR THE PURPOSES FOR WHICH THE COUNCIL IS ESTABLISHED. THE AGENT SHALL HOLD, APPLY, AND DISPOSE OF THE MONEYS, LANDS, OR OTHER PROPERTY ACCORDING TO THE TERMS OF THE GIFT, GRANT, DEVISE, OR BEQUEST. ANY INTEREST OR EARNINGS SHALL BE TREATED IN THE SAME MANNER AND ARE SUBJECT TO THE SAME TERMS AS THE GIFT, GRANT, DEVISE, OR BEQUEST FROM WHICH IT ACCRUES.

(5) Two or more county councils may enter into an agreement to administer their county councils jointly by creating a regional family and children first council. A regional council possesses the same duties and authority possessed by a county council, except that the duties and authority apply regionally rather than to individual counties. Prior to entering into an agreement to create a regional council, the members of each county council to be part of the regional council shall meet to determine whether all or part of the members of each county council will serve as members of the regional council.

(6) A board of county commissioners served by a county council or represented on a regional council may approve a resolution by a majority vote of the board's members that requires the county or regional council, TO SUBMIT A STATEMENT TO THE BOARD each time it THE COUNCIL proposes to enter into an agreement, adopt a plan, or make a decision, other than a decision pursuant to section 121.38 of the Revised Code, that requires the expenditure of funds for two or more families, to submit to the board a. THE statement describing SHALL DESCRIBE the PROPOSED agreement, plan, or decision.

No NOT later than fifteen days after the board receives the statement, it shall, by resolution approved by a majority of its members, approve or disapprove the agreement, plan, or decision. Failure of the board to pass a resolution during that time period shall be considered approval of the agreement, plan, or decision.

An agreement, plan, or decision for which a statement is required to be submitted to the board shall be implemented only if IT IS approved pursuant to division (C)(6) of this section BY THE BOARD.

(D)(1) Each county that does not establish a county family and children first council shall establish a local intersystem services to children cluster. The local cluster shall be composed of the following individuals:

(a) The executive director of the county agency responsible for the administration of children services pursuant to section 5153.15 of the Revised Code;

(b) A representative of the regional office of the department of youth services;

(c) The superintendent of the county board of mental retardation and developmental disabilities;

(d) The director of the board of alcohol, drug addiction, and mental health services that serves the county, or, in the case of a county that has a board of alcohol and drug addiction services and a community mental health board, the directors of both boards;

(e) The health commissioner of the board of health of each city or general health district in the county, or their designees;

(f) The superintendent of the city, exempted village, or local school district with the largest number of pupils residing in the county, as determined by the department of education, which shall notify each county of its determination at least biennially;

(g) A school superintendent representing all other school districts with territory in the county, chosen at a biennial meeting of the superintendents of those districts.

A local cluster may invite any other local public or private agency or group that funds, advocates, or provides services to children to have a representative become a permanent or temporary member of the cluster. The local cluster may also invite parents to become permanent or temporary members of the cluster.

Notwithstanding any other provision of law, the public members of a local cluster are not prohibited from serving on the cluster and making decisions regarding the duties outlined in the county's service coordination plan approved under this section.

(2) A local cluster shall do all of the following:

(a) Refer to the cabinet council those children for whom the local cluster cannot provide adequate services;

(b) Make periodic reports to the cabinet council regarding the number of children referred to the local cluster and the progress made in meeting the needs of each child;

(c) Participate in the development of and approve a countywide, comprehensive, coordinated, multi-disciplinary, interagency system for infants and toddlers with developmental disabilities or delays and their families, as established pursuant to federal grants received and administered by the department of health for early intervention services under the "Education of the Handicapped Act Amendments of 1986."

(3) A local intersystem services for children cluster shall comply with the policies, procedures, and activities prescribed by the rules or interagency agreements of a state department participating on the cabinet council to the extent that the local cluster performs a function subject to those rules or agreements.

(4) A board of county commissioners served by a local cluster may approve a resolution by a majority vote of the board's members that requires the cluster, each time it proposes to enter into an agreement, adopt a plan, or make a decision, other than a decision pursuant to section 121.38 of the Revised Code, that requires the expenditure of funds for two or more families, to submit to the board a statement describing the agreement, plan, or decision.

No later than fifteen days after the board receives the statement, it shall, by resolution approved by a majority of its members, approve or disapprove the agreement, plan, or decision. Failure of the board to pass a resolution during that time period shall be considered approval of the agreement, plan, or decision.

An agreement, plan, or decision for which a statement is required to be submitted to the board shall be implemented only if approved pursuant to division (D)(4) of this section.

(E)(1)(C) Each county shall develop a county service coordination plan MECHANISM. The plan MECHANISM shall be developed and approved with the participation of the county entities representing child welfare; mental retardation and developmental disabilities; alcohol, drug addiction, and mental health services; health; juvenile judges; education; the county family and children first council or local intersystem services for children cluster; and the county early intervention cluster COLLABORATIVE established pursuant to the federal early intervention program operated under the "Education of the Handicapped Act Amendments of 1986." Each plan THE COUNTY SHALL ESTABLISH AN IMPLEMENTATION SCHEDULE FOR THE MECHANISM. THE CABINET COUNCIL MAY MONITOR THE IMPLEMENTATION AND ADMINISTRATION OF EACH COUNTY'S SERVICE COORDINATION MECHANISM.

EACH MECHANISM shall include all of the following:

(a)(1) A procedure for assessing the needs of any child, including a child who is an abused, neglected, dependent, unruly, or delinquent child and under the jurisdiction of the juvenile court or a child whose parent or custodian is voluntarily seeking services;

(b)(2) A procedure for assessing the service needs of the family of any child, including a child who is an abused, neglected, dependent, unruly, or delinquent child and under the jurisdiction of the juvenile court or a child whose parent or custodian is voluntarily seeking services;

(c)(3) A procedure for development of a comprehensive joint service plan designating service responsibilities among the various state and local agencies that provide services to children and their families, including children who are abused, neglected, dependent, unruly, or delinquent children and under the jurisdiction of the juvenile court and children whose parents or custodians are voluntarily seeking services;

(d) An implementation schedule of the county service coordination plan;

(e)(4) A mandatory LOCAL DISPUTE RESOLUTION process to SERVE AS THE PROCESS THAT MUST BE USED FIRST TO resolve disputes among the agencies represented on the county council or local cluster concerning the provision of services to children, including children who are abused, neglected, dependent, unruly, or delinquent children and under the jurisdiction of the juvenile court and children whose parents or custodians are voluntarily seeking services. The LOCAL dispute resolution process shall comply with section 121.38 of the Revised Code. THE CABINET COUNCIL SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. of the Revised Code ESTABLISHING AN ADMINISTRATIVE REVIEW PROCESS TO ADDRESS PROBLEMS THAT ARISE CONCERNING THE OPERATION OF A LOCAL DISPUTE RESOLUTION PROCESS.

(2) On or before March 15, 1996, the county service coordination plan shall be submitted to the cabinet council for approval. The cabinet council shall approve or reject the plan on or before June 1, 1996. The cabinet council's approval shall be made in conjunction with a representative of the Ohio association of juvenile and county court judges.

If a county fails to submit a plan by March 15, 1996, or if the plan submitted is rejected, the cabinet council shall develop a plan for the county, including a procedure for designating service responsibilities and a process for dispute resolution. The process for dispute resolution shall be consistent with section 121.38 of the Revised Code. Such plans shall be developed on or before July 1, 1996, and shall be developed in conjunction with a representative of the Ohio association of juvenile and county court judges.

Except in the case of a county plan developed by the cabinet council, each county shall implement its plan on or before July 1, 1996. A county plan developed by the cabinet council shall be implemented by the county on or before August 1, 1996. The cabinet council may monitor the implementation and administration of service coordination plans.

Sec. 121.371. THERE IS HEREBY CREATED THE WELLNESS BLOCK GRANT PROGRAM. THE OHIO FAMILY AND CHILDREN FIRST CABINET COUNCIL SHALL OVERSEE THE PROGRAM AND THE CHILDREN'S TRUST FUND BOARD, CREATED BY SECTION 3109.15 of the Revised Code, SHALL SERVE AS THE PROGRAM'S ADMINISTRATIVE AGENT. THE BOARD AND THE CABINET COUNCIL SHALL ESTABLISH GUIDELINES FOR OPERATING THE WELLNESS BLOCK GRANT PROGRAM.

THE CHILDREN'S TRUST FUND BOARD MAY ACCEPT GIFTS, DONATIONS, GRANTS, OR OTHER MONEYS FOR THE WELLNESS BLOCK GRANT PROGRAM FROM ANY SOURCE. THE BOARD SHALL USE THE FUNDS RECEIVED TO MAKE BLOCK GRANTS TO COUNTY FAMILY AND CHILDREN FIRST COUNCILS. THE AMOUNT TO BE GRANTED TO EACH COUNTY COUNCIL SHALL BE DETERMINED BY THE BOARD AND THE CABINET COUNCIL. TO COVER ADMINISTRATIVE EXPENSES, THE BOARD MAY USE IN EACH STATE FISCAL YEAR AN AMOUNT NOT TO EXCEED ONE PER CENT OF THE TOTAL AMOUNT AVAILABLE FOR THE PROGRAM IN THAT YEAR.

COUNTY COUNCILS SHALL USE THE FUNDS THEY RECEIVE THROUGH WELLNESS BLOCK GRANTS TO FUND COMMUNITY-BASED PROGRAMS OF PREVENTION SERVICES THAT ADDRESS ISSUES OF BROAD SOCIAL CONCERN, AS DETERMINED BY THE CABINET COUNCIL AND THE BOARD, AND TO FUND STATE-DIRECTED TRAINING, EVALUATION, AND EDUCATION PROGRAMS PERTAINING TO THE ISSUES BEING ADDRESSED. EACH COUNTY COUNCIL SHALL SUBMIT TO THE BOARD A PROGRAM AND FISCAL PLAN THAT OUTLINES ITS PROPOSAL FOR EXPENDITURE OF ITS BLOCK GRANT.

AS REQUESTED BY THE BOARD ON BEHALF OF THE CABINET COUNCIL, EACH COUNTY COUNCIL SHALL SUBMIT PROGRAM AND FISCAL ACCOUNTINGS REGARDING THE USE OF ITS BLOCK GRANT. THE BOARD AND THE CABINET COUNCIL SHALL ESTABLISH CRITERIA FOR ASSESSING A COUNTY COUNCIL'S PROGRESS IN ACHIEVING THE GOALS OF THE WELLNESS BLOCK GRANT PROGRAM. IF A COUNTY COUNCIL DOES NOT OPERATE IN ACCORDANCE WITH THE PROGRAM GUIDELINES AND CRITERIA ESTABLISHED BY THE BOARD AND THE CABINET COUNCIL, THE BOARD AND THE CABINET COUNCIL MAY REVISE THE ALLOCATION OF FUNDS THAT THE COUNTY COUNCIL RECEIVES.

THE BOARD SHALL PREPARE AN ANNUAL REPORT DETAILING THE RESULTS OF THE PROGRAM. THE REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

Sec. 121.38. (A) An agency represented on a county family and children first council or local intersystem services to children cluster that disagrees with the council or cluster's COUNCIL'S decision concerning the services or funding for services a child is to receive from agencies represented on the council or cluster may initiate the LOCAL dispute resolution process established in the COUNTY service coordination plan MECHANISM applicable to the council or cluster. On completion of the process, the decision maker designated in the service coordination plan MECHANISM shall issue a written determination that directs one or more agencies represented on the council or cluster to provide services or funding for services to the child. The determination shall include a plan of care governing the manner in which the services or funding are to be provided. The decision maker shall base the plan of care on the COMPREHENSIVE JOINT SERVICE plan described in division (E)(1)(c) of section 121.37 of the Revised Code DEVELOPED AS PART OF THE COUNTY'S SERVICE COORDINATION MECHANISM and on evidence presented during the LOCAL DISPUTE RESOLUTION process. The decision maker may require an agency to provide services or funding only if the child's condition or needs qualify the child for services under the laws governing the agency.

(B) An agency subject to a determination issued pursuant to a LOCAL dispute resolution process shall immediately comply with the determination, unless the agency objects to the determination by doing one of the following not later than seven days after the date the written determination is issued:

(1) If the child has been alleged or adjudicated to be an abused, neglected, dependent, unruly, or delinquent child or a juvenile traffic offender, filing in the juvenile court of the county having jurisdiction over the child's case a motion requesting that the court hold a hearing to determine which agencies are to provide services or funding for services to the child.

(2) If the child is not a child described in division (B)(1) of this section, filing in the juvenile court of the county served by the county council or local cluster a complaint objecting to the determination.

The court shall hold a hearing as soon as possible, but no NOT later than ninety days after the motion or complaint is filed. No later than AT LEAST five days before the date on which the court hearing is to be held, the court shall send each agency subject to the determination written notice by first class mail of the date, time, place, and purpose of the court hearing. In the case of a motion filed under division (B)(1) of this section, the court may conduct the hearing as part of the adjudicatory or dispositional hearing concerning the child, if appropriate, and shall provide notice as required for those hearings.

Except in cases in which the hearing is conducted as part of the adjudicatory or dispositional hearing, a hearing held pursuant to this division shall be limited to a determination of which agencies are to provide services or funding for services to the child. At the conclusion of the hearing, the court shall issue an order directing one or more agencies represented on the county council or local cluster to provide services or funding for services to the child. The order shall include a plan of care governing the manner in which the services or funding are to be provided. The court shall base the plan of care on the COMPREHENSIVE JOINT SERVICE plan described in division (E)(1)(c) of section 121.37 of the Revised Code DEVELOPED AS PART OF THE COUNTY'S SERVICE COORDINATION PLAN and on evidence presented during the hearing. An agency required by the order to provide services or funding shall be a party to any juvenile court proceeding concerning the child. The court may require an agency to provide services or funding for a child only if the child's condition or needs qualify the child for services under the laws governing the agency.

(C) While the LOCAL dispute resolution process or court proceedings pursuant to this section are pending, each agency shall provide services and funding as required by the decision made by the COUNTY council or cluster before dispute resolution was initiated. If an agency that provides services or funds during the LOCAL dispute resolution process or court proceedings is determined through the process or proceedings not to be responsible for providing them, it shall be reimbursed FOR the costs of providing the services or for the funding by the agencies determined to be responsible for providing them.

(D) Each county council or local cluster shall report annually to the Ohio family and children first cabinet council the following information:

(1) The number of cases resolved by dispute resolution;

(2) The number of cases resolved by judicial determination;

(3) The amount of money spent by each agency using dispute resolution or requesting a judicial determination with respect to children being served by the agency.

A report shall not contain any information that personally identifies any individual. The cabinet council shall specify the date on which the report is to be made.

Sec. 121.40. (A) There is hereby created the governor's community service council consisting of twenty-one members including the superintendent of public instruction or the superintendent's designee, the chancellor of the Ohio board of regents or the chancellor's designee, the director of natural resources or the director's designee, the director of youth services or the director's designee, the director of aging or the director's designee, the director of human services or the director's designee, the chairperson of the committee of the house of representatives dealing with education or the chairperson's designee, the chairperson of the committee of the senate dealing with education or the chairperson's designee, and thirteen members who shall be appointed by the governor with the advice and consent of the senate and who shall serve terms of office of three years. The appointees shall include educators, including teachers and administrators; representatives of youth organizations; students and parents; representatives of organizations engaged in volunteer program development and management throughout the state, including youth and conservation programs; and representatives of business, government, nonprofit organizations, social service agencies, veterans organizations, religious organizations, or philanthropies that support or encourage volunteerism within the state. Members of the council shall receive no compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties.

(B) The council shall appoint an executive director for the council, who shall be in the unclassified civil service. The executive director shall supervise the council's activities and report to the council on the progress of those activities. The department of youth services shall serve as the council's fiscal agent. The EXECUTIVE DIRECTOR SHALL DO ALL THINGS NECESSARY FOR THE EFFICIENT AND EFFECTIVE IMPLEMENTATION OF THE DUTIES OF THE COUNCIL.

THE RESPONSIBILITIES ASSIGNED TO THE EXECUTIVE DIRECTOR DO NOT RELIEVE THE MEMBERS OF THE COUNCIL FROM FINAL RESPONSIBILITY FOR THE PROPER PERFORMANCE OF THE REQUIREMENTS OF THIS DIVISION.

(C) THE council OR ITS DESIGNEE shall do all of the following:

(1) EMPLOY, PROMOTE, SUPERVISE, AND REMOVE ALL EMPLOYEES AS NEEDED IN CONNECTION WITH THE PERFORMANCE OF ITS DUTIES UNDER THIS SECTION AND MAY ASSIGN DUTIES TO THOSE EMPLOYEES AS NECESSARY TO ACHIEVE THE MOST EFFICIENT PERFORMANCE OF ITS FUNCTIONS, AND TO THAT END MAY ESTABLISH, CHANGE, OR ABOLISH POSITIONS, AND ASSIGN AND REASSIGN DUTIES AND RESPONSIBILITIES OF ANY EMPLOYEE OF THE COUNCIL. PERSONNEL EMPLOYED BY THE COUNCIL WHO ARE SUBJECT TO CHAPTER 4117. OF THE REVISED CODE SHALL RETAIN ALL OF THEIR RIGHTS AND BENEFITS CONFERRED PURSUANT TO THAT CHAPTER. NOTHING IN THIS CHAPTER SHALL BE CONSTRUED AS ELIMINATING OR INTERFERING WITH CHAPTER 4117. OF THE REVISED CODE OR THE RIGHTS AND BENEFITS CONFERRED UNDER THAT CHAPTER TO PUBLIC EMPLOYEES OR TO ANY BARGAINING UNIT.

(2) MAINTAIN ITS OFFICE IN COLUMBUS, AND MAY HOLD SESSIONS AT ANY PLACE WITHIN THE STATE;

(3) ACQUIRE FACILITIES, EQUIPMENT, AND SUPPLIES NECESSARY TO HOUSE THE COUNCIL, ITS EMPLOYEES, AND FILES AND RECORDS UNDER ITS CONTROL, AND TO DISCHARGE ANY DUTY IMPOSED UPON IT BY LAW. THE EXPENSE OF THESE ACQUISITIONS SHALL BE AUDITED AND PAID FOR IN THE SAME MANNER AS OTHER STATE EXPENSES. FOR THAT PURPOSE, THE COUNCIL SHALL PREPARE AND SUBMIT TO THE OFFICE OF BUDGET AND MANAGEMENT A BUDGET FOR EACH BIENNIUM ACCORDING TO SECTIONS 101.55 AND 107.03 OF THE REVISED CODE. THE BUDGET SUBMITTED SHALL COVER THE COSTS OF THE COUNCIL AND ITS STAFF IN THE DISCHARGE OF ANY DUTY IMPOSED UPON THE COUNCIL BY LAW. THE COUNCIL SHALL NOT DELEGATE ANY AUTHORITY TO OBLIGATE FUNDS.

(4) PAY ITS OWN PAYROLL AND OTHER OPERATING EXPENSES FROM LINE ITEMS DESIGNATED BY THE GENERAL ASSEMBLY;

(5) RETAIN ITS FIDUCIARY RESPONSIBILITY AS APPOINTING AUTHORITY. ANY TRANSACTION INSTRUCTIONS SHALL BE CERTIFIED BY THE APPOINTING AUTHORITY OR ITS DESIGNEE.

(6) ESTABLISH THE OVERALL POLICY AND MANAGEMENT OF THE COUNCIL IN ACCORDANCE WITH THIS CHAPTER;

(A)(7) Assist in coordinating and preparing the state application for funds under sections 101 to 184 of the "National and Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.A. 12411 to 12544, and amendments thereto, assist in administering and overseeing the "National and Community Service Trust Act of 1993," P.L. 103-82, 107 Stat. 785, and the americorps program in this state, and assist in developing objectives for a comprehensive strategy to encourage and expand community service programs throughout the state;

(B)(8) Assist the state board of education, school districts, the board of regents, and institutions of higher education in coordinating community service education programs through cooperative efforts between institutions and organizations in the public and private sectors;

(C)(9) Assist the departments of natural resources, youth services, aging, and human services in coordinating community service programs through cooperative efforts between institutions and organizations in the public and private sectors;

(D)(10) Suggest individuals and organizations that are available to assist school districts, institutions of higher education, and the departments of natural resources, youth services, aging, and human services in the establishment of community service programs and assist in investigating sources of funding for implementing such programs;

(E)(11) Assist in evaluating the state's efforts in providing community service programs using standards and methods that are consistent with any statewide objectives for such programs and provide information to the state board of education, school districts, the board of regents, institutions of higher education, and the departments of natural resources, youth services, aging, and human services to guide them in making decisions about these programs;

(F)(12) Assist the state board of education in complying with section 3301.70 of the Revised Code and the board of regents in complying with division (B)(2) of section 3333.043 of the Revised Code.

(D) THE DEPARTMENT OF AGING SHALL SERVE AS THE COUNCIL'S FISCAL AGENT. BEGINNING ON JULY 1, 1997, WHENEVER REFERENCE IS MADE IN ANY LAW, CONTRACT, OR DOCUMENT TO THE FUNCTIONS OF THE DEPARTMENT OF YOUTH SERVICES AS FISCAL AGENT TO THE COUNCIL, THE REFERENCE SHALL BE DEEMED TO REFER TO THE DEPARTMENT OF AGING. THE DEPARTMENT OF AGING SHALL HAVE NO RESPONSIBILITY FOR OR OBLIGATION TO COUNCIL PRIOR TO JULY 1, 1997. PRIOR TO THAT DATE, ANY VALIDATION, CURE, RIGHT, PRIVILEGE, REMEDY, OBLIGATION, OR LIABILITY SHALL BE RETAINED BY THE COUNCIL.

AS USED IN THIS SECTION, "FISCAL AGENT" MEANS TECHNICAL SUPPORT AND INCLUDES THE FOLLOWING TECHNICAL SUPPORT SERVICES:

(1) PREPARING AND PROCESSING PAYROLL AND OTHER PERSONNEL DOCUMENTS THAT THE COUNCIL EXECUTES AS THE APPOINTING AUTHORITY. THE DEPARTMENT OF AGING SHALL NOT APPROVE ANY PAYROLL OR OTHER PERSONNEL-RELATED DOCUMENTS.

(2) MAINTAINING LEDGERS OF ACCOUNTS AND REPORTS OF ACCOUNT BALANCES, AND MONITORING BUDGETS AND ALLOTMENT PLANS IN CONSULTATION WITH THE COUNCIL. THE DEPARTMENT SHALL NOT APPROVE ANY BIENNIAL BUDGET, GRANT, EXPENDITURE, AUDIT, OR FISCAL-RELATED DOCUMENT.

(3) PERFORMING OTHER ROUTINE SUPPORT SERVICES THAT THE DIRECTOR OF AGING OR THE DIRECTOR'S DESIGNEE AND THE COUNCIL OR ITS DESIGNEE CONSIDER APPROPRIATE TO ACHIEVE EFFICIENCY.

(E) THE COUNCIL OR ITS DESIGNEE HAS THE FOLLOWING AUTHORITY AND RESPONSIBILITY RELATIVE TO FISCAL MATTERS:

(1) SOLE AUTHORITY TO DRAW FUNDS FOR ANY AND ALL FEDERAL PROGRAMS IN WHICH THE COUNCIL IS AUTHORIZED TO PARTICIPATE;

(2) SOLE AUTHORITY TO EXPEND FUNDS FROM THEIR ACCOUNTS FOR PROGRAMS AND ANY OTHER NECESSARY EXPENSES THE COUNCIL MAY INCUR AND ITS SUBGRANTEES MAY INCUR;

(3) RESPONSIBILITY TO COOPERATE WITH AND INFORM THE DEPARTMENT OF AGING AS FISCAL AGENT TO ENSURE THAT THE DEPARTMENT IS FULLY APPRISED OF ALL FINANCIAL TRANSACTIONS.

THE COUNCIL SHALL FOLLOW ALL STATE PROCUREMENT REQUIREMENTS.

THE DEPARTMENT OF AGING SHALL DETERMINE FEES TO BE CHARGED TO THE COUNCIL, WHICH SHALL BE IN PROPORTION TO THE SERVICES PERFORMED FOR THE COUNCIL.

THE COUNCIL SHALL PAY FEES OWED TO THE DEPARTMENT OF AGING FROM A GENERAL REVENUE FUND OF THE COUNCIL OR FROM ANY OTHER FUND FROM WHICH THE OPERATING EXPENSES OF THE COUNCIL ARE PAID. ANY AMOUNTS SET ASIDE FOR A FISCAL YEAR FOR THE PAYMENT OF SUCH FEES SHALL BE USED ONLY FOR THE SERVICES PERFORMED FOR THE COUNCIL BY THE DEPARTMENT OF AGING IN THAT FISCAL YEAR.

Sec. 121.52. (A) The women's policy and research commission shall do all of the following:

(1) Establish policies and procedures governing the operation of the women's policy and research center established under section 121.53 of the Revised Code;

(2) Employ an executive director for the center to implement the policies and procedures established under division (A)(1) of this section;

(3) Furnish a written report of its activities for the preceding calendar year not later than the first day of February of each year to the governor, the president of the senate, and the speaker of the house of representatives.

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

(1) Hold public hearings to assess the problems and needs of women in this state;

(2) Create standing or special committees as needed. These standing or special committees shall be chaired by a member of the commission but may include members who are not members of the commission.

(3) SELL PUBLICATIONS ISSUED BY THE COMMISSION OR THE CENTER;

(4) Accept gifts, donations, benefits, and other funds from any public agency or private source to carry out any or all of the commission's or center's powers or duties.

(C) All expenses incurred in carrying out sections 121.51 to 121.53 of the Revised Code are payable solely from the funds of the commission.

(D) There is hereby established in the state treasury, in the state special revenue fund group, the women's policy and research commission fund. All PROCEEDS FROM THE SALE OF PUBLICATIONS UNDER DIVISION (B)(3) OF THIS SECTION AND ALL gifts, donations, benefits, and other funds received by the commission under division (B)(3)(4) of this section shall be deposited in the fund.

Sec. 122.15. As used in sections 122.15 to 122.154 of the Revised Code:

(A) "Edison center" means a cooperative research and development facility that receives funding through the Thomas Alva Edison grant program under division (C) of section 122.33 of the Revised Code.

(B) "Ohio entity" means any corporation, limited liability company, or unincorporated business organization, including a general or limited partnership, that has its principal place of business located in this state and has at least fifty per cent of its gross assets or AND FIFTY PER CENT OF ITS employees located in this state. If a corporation, limited liability company, or unincorporated business organization is a member of an affiliated group, the gross assets or AND the number of employees of all of the members of that affiliated group, wherever those assets or AND employees are located, shall be included for the purpose of determining the percentage of the corporation's, company's, or organization's gross assets or AND employees that are located in this state.

(C) "Qualified trade or business" means any trade or business that primarily involves research and development, technology transfer, BIO-TECHNOLOGY, or the application of new technology developed through research and development or acquired through technology transfer. "Qualified trade or business" does not include any of the following:

(1) Any trade or business involving the performance of services in the field of health, law, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, financial services, or brokerage services, or any trade or business where the principal asset of the trade or business is the reputation or skill of one or more of its employees;

(2) Any banking, insurance, financing, leasing, rental, investing, or similar business;

(3) Any farming business, including the business of raising or harvesting trees;

(4) Any business involving the production or extraction of products of a character with respect to which a deduction is allowable under section 611, 613, or 613A of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 611, 613, or 613A;

(5) Any business of operating a hotel, motel, restaurant, or similar business;

(6) ANY TRADE OR BUSINESS INVOLVING A HOSPITAL, A PRIVATE OFFICE OF A LICENSED HEALTH CARE PROFESSIONAL, A GROUP PRACTICE OF LICENSED HEALTH CARE PROFESSIONALS, OR A NURSING HOME. AS USED IN DIVISION (C)(6) OF THIS SECTION:

(a) "NURSING HOME" HAS THE SAME MEANING AS IN SECTION 3721.50 of the Revised Code.

(b) "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 3727.01 of the Revised Code.

(D) "Related member" has the same meaning as in division (A)(6) of section 5733.042 of the Revised Code without regard to division (B) of that section INSIDER" MEANS AN INDIVIDUAL WHO OWNS, CONTROLS, OR HOLDS POWER TO VOTE FIVE PER CENT OR MORE OF THE OUTSTANDING SECURITIES OF A BUSINESS.

(E) "Related to" means being the spouse, parent, child, or sibling of an individual.

(F) "Research and development" means designing, creating, or formulating new or enhanced products, equipment, or processes, and conducting scientific or technological inquiry and experimentation in the physical sciences with the goal of increasing scientific knowledge that may reveal the bases for new or enhanced products, equipment, or processes.

(G) "State tax liability" means any tax liability, including any related penalties or interest, incurred under division (D) of section 5707.03, section 5727.38 or 5747.02, or Chapter 5733. of the Revised Code.

(H) "Technology transfer" means the transfer of technology from one sector of the economy to another, including the transfer of military technology to civilian applications, civilian technology to military applications, or technology from public or private research laboratories to military or civilian applications.

(I) "Affiliated group" means two or more persons related in such a way that one of the persons owns or controls the business operations of another of those persons. In the case of a corporation issuing capital stock, one corporation owns or controls the business operations of another corporation if it owns more than fifty per cent of the other corporation's capital stock with voting rights. In the case of a limited liability company, one person owns or controls the business operations of the company if that person's membership interest, as defined in section 1705.01 of the Revised Code, is greater than fifty per cent of combined membership interest of all persons owning such interests in the company. In the case of an unincorporated business organization, one person owns or controls the business operations of the organization if, under the articles of organization or other instrument governing the affairs of the organization, that person has a beneficial interest in the organization's profits, surpluses, losses, or other distributions greater than fifty per cent of the combined beneficial interests of all persons having such an interest in the organization.

(J) "MONEY" MEANS UNITED STATES CURRENCY, OR A CHECK, DRAFT, OR CASHIER'S CHECK FOR UNITED STATES CURRENCY, PAYABLE ON DEMAND AND DRAWN ON A BANK.

Sec. 122.151. (A) An investor who proposes to make an investment OF MONEY in an Ohio entity may apply to an Edison center for a tax credit under this section. The Edison center shall prescribe the form of the application and any information that the investor must submit with the application. The investor shall include with the application a fee of two hundred dollars. The center, within three weeks after receiving the application, shall review it, determine whether the investor should be recommended for the tax credit, and send written notice of its initial determination to the industrial technology and enterprise advisory council and to the investor. If the center determines the investor should not be recommended for the tax credit, it shall include in the notice the reasons for the determination. Subject to divisions (C) and (D) of this section, an investor is eligible for a tax credit if all of the following requirements are met:

(1) The investor's investment OF MONEY is in an Ohio entity engaged in a qualified trade or business;

(2) The Ohio entity had less than one million dollars of gross revenue during its most recently completed fiscal year, or had a net book value of less than one million dollars at the end of that fiscal year;

(3) The investment takes the form of the purchase of common or preferred stock, a membership interest, a partnership interest, or any other ownership interest;

(4) The amount of the investment for which the credit is being claimed does not exceed one hundred fifty thousand dollars;

(5) The money invested is entirely at risk of loss, where repayment depends upon the success of the business operations of the Ohio entity;

(6) If the investment MONEY INVESTED is to be repaid to the investor if the Ohio entity is successful, no repayment, except for dividends or interest, will be made for at least three years from the date the investment is made;

(7) The annual amount of any dividend and interest payments to be made to the investor will not exceed ten per cent of the amount of the investment;

(8) The Ohio entity is not a related member of the investor or an individual related to the investor OR THE INVESTOR IS NOT AN INSIDER.

For the purposes of determining the net book value of an Ohio entity under division (A)(1) or (2) of this section, if the entity is a member of an affiliated group, the combined net book values of all of the members of that affiliated group shall be used.

(B) A group of two or BUT NOT more THAN TWENTY investors, each of whom proposes to make an investment OF MONEY in the same Ohio entity, may submit an application for tax credits under division (A) of this section. The group shall include with the application a fee of eight hundred dollars. The application shall identify each investor in the group and the amount OF MONEY each investor proposes to invest in the Ohio entity, and shall name a contact person for the group. The Edison center, within three weeks after receiving the application, shall review it, determine whether each investor of the group should be recommended for a tax credit under the conditions set forth in division (A) of this section, and send written notice of its determination to the industrial technology and enterprise advisory council and to the contact person. The center shall not recommend that a group of investors receive a tax credit unless each investor is eligible under those conditions. THE CENTER MAY DISQUALIFY FROM A GROUP ANY INVESTOR WHO IS NOT ELIGIBLE UNDER THE CONDITIONS AND RECOMMEND THAT THE REMAINING GROUP OF INVESTORS RECEIVE THE TAX CREDIT. If the center determines the group should not be recommended for the tax credit, it shall include in the notice the reasons for the determination.

(C) The industrial technology and enterprise advisory council shall establish from among its members a three-person subcommittee COMMITTEE. Within two FOUR weeks after the council receives a notice of recommendation from an Edison center, the subcommittee COMMITTEE shall review the recommendation and issue a final determination of whether the investor or group is eligible for a tax credit under the conditions set forth in division (A) of this section. The subcommittee COMMITTEE may require the investor or group to submit additional information to support the application. The vote of at least two members of the subcommittee COMMITTEE is necessary for the issuance of a final determination or any other action of the subcommittee COMMITTEE. Upon making the final determination, the subcommittee COMMITTEE shall send written notice of approval or disapproval of the tax credit to the investor or group contact person, to the director of development, and to the Edison center. If the subcommittee COMMITTEE disapproves the tax credit, it shall include in the notice the reasons for the disapproval.

(D)(1) The industrial technology and enterprise advisory council subcommittee COMMITTEE shall not approve more than one million dollars of investments in any one Ohio entity. However, if a proposed investment OF MONEY in an Ohio entity has been approved but the investor does not actually make the investment, the subcommittee COMMITTEE may reassign the amount of that investment to another investor, as long as the total amount invested in the entity under this section does not exceed one million dollars.

If the one-million-dollar limit for an Ohio entity has not yet been reached and an application proposes an investment OF MONEY that would exceed the limit for that entity, the subcommittee COMMITTEE shall send written notice to the investor, or, for a group, the contact person, that the investment cannot be approved as requested. Upon receipt of the notice, the investor or group may amend the application to propose an investment OF MONEY that does not exceed the limit.

(2) Not more than ten million dollars of tax credits shall be issued under sections 122.15 to 122.154 of the Revised Code.

(E) If an investor makes an approved investment OF MONEY in an Ohio entity of less than one hundred fifty thousand dollars, the investor may apply for approval of another investment OF MONEY in that entity, as long as the total amount invested in that entity by the investor under this section does not exceed one hundred fifty thousand dollars. An investor who receives approval of an investment OF MONEY as part of a group may subsequently apply on an individual basis for approval of an additional investment OF MONEY in the Ohio entity.

(F) The industrial technology and enterprise advisory council subcommittee COMMITTEE shall approve or disapprove tax credit applications under this section in the order in which they are received by the council.

(G) The director of development may disapprove any application recommended by an Edison center and approved by the subcommittee of the industrial technology and enterprise advisory council COMMITTEE, or may disapprove a credit for which a tax credit certificate has been issued under section 122.152 of the Revised Code, if the director determines that the entity in which the applicant proposes to invest or has invested is not an Ohio entity eligible to receive investments that qualify for the credit. If the director disapproves an application, the director shall certify the action to the investor, the Edison center that recommended the application, the industrial technology and enterprise advisory council, and the tax commissioner, together with a written explanation of the reasons for the disapproval. If the director disapproves a tax credit after a tax credit certificate is issued, the investor shall not claim the credit for the taxable year that includes the day the director disapproves the credit, or for any subsequent taxable year.

THE DIRECTOR OF DEVELOPMENT, IN ACCORDANCE WITH SECTION 111.15 of the Revised Code AND WITH THE ADVICE OF THE INDUSTRIAL TECHNOLOGY AND ENTERPRISE ADVISORY COUNCIL, MAY ADOPT, AMEND, AND RESCIND RULES NECESSARY TO IMPLEMENT SECTIONS 122.15 TO 122.154 of the Revised Code.

(H) All of the Edison centers may designate one of the Edison centers as the center responsible for assuming the duties prescribed for those centers under sections 122.15 to 122.154 of the Revised Code.

The Edison centers shall designate one person from one of the centers to assist the subcommittee of the industrial technology and enterprise advisory council in the administration of sections 122.15 to 122.154 of the Revised Code.

(I) An Edison center shall use money from application fees received under this section only for the costs of administering sections 122.15 to 122.154 of the Revised Code.

Sec. 122.152. (A) An investor who receives notice of approval for an investment OF MONEY from the industrial technology and enterprise advisory council subcommittee COMMITTEE under section 122.151 of the Revised Code may, not more than thirty days after receiving the notice, MAY make the investment and apply to the council for a tax credit certificate. If the council is satisfied the investor has made the investment IN THE PROPER FORM, it shall issue to the investor a tax credit certificate indicating that the investor is allowed a tax credit in an amount equal to twenty-five per cent of the investment.

An investor who receives approval of a proposed investment OF MONEY through a group application shall, after making the investment, SHALL apply for a tax credit certificate on an individual basis.

(B) An investor who is issued a tax credit certificate under this section may claim a nonrefundable credit equal to the amount indicated on the certificate against any state tax liability. The investor shall claim the credit for the taxable year in which the certificate is issued.

(1) If the credit to which a taxpayer otherwise would be entitled under this section for any taxable year is greater than the tax otherwise due under division (D) of section 5707.03 or section 5727.38 of the Revised Code, the excess shall be allowed as a credit in each of the ensuing fifteen taxable years, but the amount of any excess credit allowed in an ensuing taxable year shall be deducted from the balance carried forward to the next taxable year.

(2) If the credit to which a taxpayer otherwise would be entitled under this section for any taxable year is greater than the tax otherwise due under section 5747.02 or Chapter 5733. of the Revised Code, after allowing for any other credits that precede the credit allowed under this section in the order required under section 5733.98 or 5747.98 of the Revised Code, the excess shall be allowed as a credit in each of the ensuing fifteen taxable years, but the amount of any excess credit allowed in an ensuing taxable year shall be deducted from the balance carried forward to the next taxable year.

(C) Any portion of a credit allowed under this section that is utilized by an investor to reduce the investor's state tax liability shall not be utilized by any other person.

(D) To claim a tax credit allowed under this section, an investor shall attach to the appropriate return a copy of the certificate issued to the investor under this section.

(E) Nothing in this section shall limit or disallow pass-through treatment of a pass-through entity's income, deductions, or credits, or other amounts necessary to compute a state tax liability.

(F) A tax credit certificate issued to an investor under this section may not be transferred by that investor to any other person.

(G)(1) The industrial technology and enterprise advisory council shall develop the form of the tax credit certificate, and shall use that form when issuing a tax credit certificate under this section.

(2) The industrial technology and enterprise advisory council shall report to the tax commissioner any information requested by the commissioner concerning tax credit certificates issued under this section.

Sec. 122.153. If the industrial technology and enterprise advisory council subcommittee COMMITTEE receives information alleging that an investor that was issued a tax credit certificate presented false information to an Edison center or the subcommittee COMMITTEE in connection with obtaining the certificate, it shall send written notice to the investor that if the allegation is found to be true the investor may be penalized as provided in this section. After giving the investor an opportunity to be heard on the allegation, the subcommittee COMMITTEE shall determine if the investor presented false information in connection with obtaining a tax credit certificate.

If the subcommittee COMMITTEE determines the investor submitted false information, it may revoke any remaining tax credit available to the investor. The subcommittee COMMITTEE shall send written notice of the revocation to the investor and the tax commissioner. The tax commissioner may make an assessment against the investor to recapture any amount of tax credit that the investor already has claimed. The time limitations on assessments under the laws of the particular tax against which the investor claimed the credit do not apply to an assessment under this section.

Sec. 122.154. (A) A business may apply to an Edison center for a determination as to whether the business is an Ohio entity eligible to receive investments OF MONEY under section 122.151 of the Revised Code that qualify the investor for a tax credit under section 122.152 of the Revised Code. The business shall include with the application a fee of one hundred fifty dollars and a business plan. The Edison center shall prescribe any other information the business must submit with the application and the form of the application. The center, within three weeks after receiving the application, shall review it, determine whether the business is an Ohio entity eligible to receive investments OF MONEY that qualify for the tax credit, and send written notice to the INDUSTRIAL TECHNOLOGY AND ENTERPRISE ADVISORY COUNCIL AND THE business of its INITIAL determination. IF THE CENTER DETERMINES THAT THE BUSINESS IS NOT AN OHIO ENTITY ELIGIBLE TO RECEIVE INVESTMENTS OF MONEY THAT QUALIFY FOR THE TAX CREDIT, IT SHALL INCLUDE IN THE NOTICE THE REASONS FOR THE DETERMINATION.

WITHIN FOUR WEEKS AFTER THE COUNCIL RECEIVES A NOTICE OF RECOMMENDATION FROM AN EDISON CENTER, THE INDUSTRIAL TECHNOLOGY AND ENTERPRISE ADVISORY COUNCIL COMMITTEE ESTABLISHED UNDER SECTION 122.152 of the Revised Code SHALL REVIEW THE RECOMMENDATION AND ISSUE A FINAL DETERMINATION OF WHETHER THE BUSINESS IS AN OHIO ENTITY ELIGIBLE TO RECEIVE INVESTMENTS OF MONEY UNDER SECTION 122.151 of the Revised Code THAT QUALIFY AN INVESTOR FOR A TAX CREDIT UNDER SECTION 122.152 of the Revised Code. THE COMMITTEE MAY REQUIRE THE BUSINESS TO SUBMIT ADDITIONAL INFORMATION TO SUPPORT THE APPLICATION. THE VOTE OF AT LEAST TWO MEMBERS OF THE COMMITTEE IS NECESSARY FOR THE ISSUANCE OF A FINAL DETERMINATION. ON MAKING THE FINAL DETERMINATION, THE COMMITTEE SHALL SEND WRITTEN NOTICE OF APPROVAL OR DISAPPROVAL TO THE BUSINESS, THE DIRECTOR OF DEVELOPMENT, AND THE EDISON CENTER. IF THE COMMITTEE DETERMINES THAT THE BUSINESS IS NOT AN OHIO ENTITY ELIGIBLE TO RECEIVE INVESTMENTS OF MONEY THAT QUALIFY FOR THE TAX CREDIT, IT SHALL INCLUDE IN THE NOTICE THE REASONS FOR THE DETERMINATION.

(B) An Edison center shall maintain a list of the businesses it determines THAT HAVE BEEN DETERMINED to be Ohio entities eligible to receive investments OF MONEY that qualify for the tax credit. The center shall furnish copies of the list to the public upon request.

(C) The Edison center may prescribe a schedule under which businesses periodically must submit information to enable the center to maintain the accuracy of the list. At the times required in the schedule, each business on the list shall submit any information the center requires to determine if the business continues to be an Ohio entity eligible to receive investments OF MONEY that qualify for the tax credit.

(D) An Edison center shall use fees received under this section only for the costs of administering sections 122.15 to 122.154 of the Revised Code.

(E) The Edison centers and the industrial technology and enterprise advisory council do not assume any responsibility for the accuracy or truthfulness of information furnished by an Ohio entity or its agents.

An investor in an Ohio entity is solely responsible for due diligence in verifying information submitted by an Ohio entity. An Edison center is not liable for any action resulting from its provision of such information to investors in accordance with sections 122.15 to 122.154 of the Revised Code.

Sec. 122.19 122.16. (A) As used in this section:

(1) "Distressed area" means either a municipal corporation that has a population of at least fifty thousand or a county, that meets two of the following criteria:

(a) Its average rate of unemployment, during the most recent five-year period for which data are available, is equal to at least one hundred twenty-five per cent of the average rate of unemployment for the United States for the same period.

(b) It has a per capita income equal to or below eighty per cent of the median county per capita income of the United States as determined by the most recently available figures from the United States census bureau.

(c)(i) In the case of a municipal corporation, at least twenty per cent of the residents have a total income for the most recent census year that is below the official poverty line.

(ii) In the case of a county, in intercensal years, the county has a ratio of transfer payment income to total county income equal to or greater than twenty-five per cent.

(2) "Economically disadvantaged ELIGIBLE area" means a distressed area, a labor surplus area, an inner city area, or a situational distress area.

(3) "Eligible costs associated with a voluntary action" means costs incurred during the qualifying period in performing a remedy or remedial activities, as defined in section 3746.01 of the Revised Code, and any costs incurred during the qualifying period in performing both a phase I and phase II property assessment, as defined in the rules adopted under section 3746.04 of the Revised Code, provided that the performance of the phase I and phase II property assessment resulted in the implementation of the remedy or remedial activities.

(4) "Inner city area" means, in a municipal corporation that has a population of at least one hundred thousand and does not meet the criteria of a labor surplus area or a distressed area, targeted investment areas established by the municipal corporation within its boundaries that are comprised of the most recent census block tracts that individually have at least twenty per cent of their population at or below the state poverty level or other census block tracts contiguous to such census block tracts.

(5) "Labor surplus area" means an area designated as a labor surplus area by the United States department of labor.

(6) "Official poverty line" has the same meaning as in division (A) of section 3923.51 of the Revised Code.

(7) "Partner" includes a member of a limited liability company formed under Chapter 1705. of the Revised Code or under the laws of any other state if the limited liability company is not treated as a corporation for purposes of Chapter 5733. of the Revised Code and is not classified as an association taxable as a corporation for federal income tax purposes.

(8) "Partnership" includes a limited liability company formed under Chapter 1705. of the Revised Code or under the laws of any other state if the limited liability company is not treated as a corporation for purposes of Chapter 5733. of the Revised Code and is not classified as an association taxable as a corporation for federal income tax purposes.

(9) "Qualifying period" means the period that begins July 1, 1996, and ends June 30, 1999.

(10) "S corporation" means a corporation that has made an election under subchapter S of chapter one of subtitle A of the Internal Revenue Code for its taxable year under the Internal Revenue Code;

(11) "Situational distress area" means a county or a municipal corporation that has experienced or is experiencing a closing or downsizing of a major employer that will adversely affect the economy of the county or municipal corporation. In order for a county or municipal corporation to be designated as a situational distress area, the governing body of the county or municipal corporation shall submit a petition to the director of development in the form prescribed by the director. A county or municipal corporation may be designated as a situational distress area for a period not exceeding thirty-six months.

The petition shall include written documentation that demonstrates all of the following:

(a) The number of jobs lost by the closing or downsizing;

(b) The impact that the job loss has on the unemployment rate of the county or municipal corporation as measured by the bureau of employment services;

(c) The annual payroll associated with the job loss;

(d) The amount of state and local taxes associated with the job loss;

(e) The impact that the closing or downsizing has on the suppliers located in the county or municipal corporation.

(12) "Voluntary action" has the same meaning as in section 3746.01 of the Revised Code.

(13) "Taxpayer" means a corporation subject to the tax imposed under Chapter 5733. BY SECTION 5733.06 of the Revised Code or any person subject to the tax imposed under Chapter 5747. BY SECTION 5747.02 of the Revised Code.

(14) "Governing body" means the board of county commissioners of a county, the board of township trustees of a township, or the legislative authority of a municipal corporation.

(15) "Eligible site" means property for which a covenant not to sue has been issued under section 3746.12 of the Revised Code.

(B)(1) A taxpayer, partnership, or S corporation that has been issued, under section 3746.12 of the Revised Code, a covenant not to sue for a site by the director of environmental protection during the qualifying period may apply to the director of development, in the manner prescribed by the director, to enter into an agreement under which the applicant agrees to economically redevelop the site in a manner that will create employment opportunities and a credit will be granted to the applicant against the tax imposed under Chapter 5733. or 5747. BY SECTION 5733.06 OR 5747.02 of the Revised Code. The application shall state the eligible costs associated with a voluntary action incurred by the applicant. The application shall be accompanied by proof, in a form prescribed by the director of development, that the covenant not to sue has been issued.

The applicant shall request the certified professional that submitted the no further action letter for the eligible site under section 3746.11 of the revised code REVISED CODE to submit an affidavit to the director of development verifying the eligible costs associated with the voluntary action at that site.

The director shall review the applications in the order they are received. If the director determines that the applicant meets the requirements of this section, the director may enter into an agreement granting a credit against the tax imposed under Chapter 5733. or 5747. BY SECTION 5733.06 OR 5747.02 of the Revised Code. In making the determination, the director may consider the extent to which political subdivisions and other units of government will cooperate with the applicant to redevelop the eligible site. The agreement shall state the amount of the tax credit and the reporting requirements described in division (F) of this section.

(2) The maximum annual amount of credits the director of development may grant under such agreements shall be as follows:
1996$5,000,000
1997$10,000,000
1998$10,000,000
1999$5,000,000

For any year in which the director of development does not grant tax credits under this section equal to the maximum annual amount, the amount not granted for that year shall be added to the maximum annual amount that may be granted for the following year. However, the director shall not grant any tax credits under this section after June 30, 1999.

(C)(1) If the covenant not to sue was issued in connection with a site that is not located in an economically disadvantaged ELIGIBLE area, the credit amount is equal to the lesser of five hundred thousand dollars or ten per cent of the eligible costs associated with a voluntary action incurred by the taxpayer, partnership, or S corporation.

(2) If a covenant not to sue was issued in connection with a site that is located in an economically disadvantaged ELIGIBLE area, the credit amount is equal to the lesser of seven hundred fifty thousand dollars or fifteen per cent of the eligible costs associated with a voluntary action incurred by the taxpayer, partnership, or S corporation.

(3) A taxpayer, partnership, or S corporation that has been issued covenants not to sue under section 3746.12 of the Revised Code for more than one site may apply to the director of development to enter into more than one agreement granting a credit against the tax imposed under Chapter 5733. or 5747. BY SECTION 5733.06 OR 5747.02 of the Revised Code.

(4) For each year for which a taxpayer, partnership, or S corporation has been granted a credit under an agreement entered into under this section, the director of development shall issue a certificate to the taxpayer, partnership, or S corporation indicating the amount of the credit the taxpayer, the partners of the partnership, or the shareholders of the S corporation may claim for that year, not including any amount that may be carried forward from previous years under section 5733.34 or 5747.32 of the Revised Code.

(D)(1) Each agreement entered into under this section shall incorporate a commitment by the taxpayer, partnership, or S corporation not to permit the use of an eligible site to cause the relocation of employment positions to that site from elsewhere in this state, except as otherwise provided in division (D)(2) of this section. The commitment shall be binding on the taxpayer, partnership, or S corporation for the lesser of five years from the date the agreement is entered into or the number of years the taxpayer, partnership, or S corporation is entitled to claim the tax credit under the agreement.

(2) An eligible site may be the site of employment positions relocated from elsewhere in this state if the director of development determines both of the following:

(a) That the site from which the employment positions would be relocated is inadequate to meet market and industry conditions, expansion plans, consolidation plans, or other business considerations affecting the relocating employer;

(b) That the governing body of the county, township, or municipal corporation from which the employment positions would be relocated has been notified of the possible relocation.

For purposes of this section, the movement of an employment position from one political subdivision to another political subdivision shall be considered a relocation of an employment position, but the transfer of an individual employee from one political subdivision to another political subdivision shall not be considered a relocation of an employment position as long as the individual's employment position in the first political subdivision is refilled.

(E) A taxpayer, partnership, or S corporation that has entered into an agreement granting a credit against the tax imposed under Chapter 5733. or 5747. BY SECTION 5733.06 OR 5747.02 of the Revised Code that subsequently recovers in a lawsuit or settlement of a lawsuit at least seventy-five per cent of the eligible costs associated with a voluntary action shall not claim any credit amount remaining, including any amounts carried forward from prior years, beginning with the taxable year in which the judgment in the lawsuit is entered or the settlement is finally agreed to.

Any amount of credit that a taxpayer, partnership, or S corporation may not claim by reason of this division shall not be considered to have been granted for the purpose of determining the total amount of credits that may be issued under division (B)(2) of this section.

(F) Each year for which a taxpayer, partnership, or S corporation claims a credit under section 5733.34 or 5747.32 of the Revised Code, the taxpayer, partnership, or S corporation shall report the following to the director of development:

(1) The status of all cost recovery litigation described in division (E) of this section to which it was a party during the previous year;

(2) Confirmation that the covenant not to sue has not been revoked or has not been voided;

(3) Confirmation that the taxpayer, partnership, or S corporation has not permitted the eligible site to be used in such a manner as to cause the relocation of employment positions from elsewhere in this state in violation of the commitment required under division (D) of this section;

(4) Any other information the director of development requires to perform the director's duties under this section.

(G) The director of development shall annually certify, by the first day of January of each year during the qualifying period, the economically disadvantaged ELIGIBLE areas for the calendar year that includes that first day of January.

(H) The director of development, in accordance with Chapter 119. of the Revised Code, shall adopt rules necessary to implement this section, including rules prescribing forms required for administering this section.

Sec. 122.17. (A) As used in this section:

(1) "Full-time employee" means an individual who is employed for consideration for at least thirty-five hours a week, or who renders any other standard of service generally accepted by custom or specified by contract as full-time employment.

(2) "New employee" means one of the following:

(a) A full-time employee first employed by a taxpayer in the project that is the subject of the agreement after the taxpayer enters into a tax credit agreement with the tax credit authority under this section;

(b) A full-time employee first employed by a taxpayer in the project that is the subject of the tax credit after the tax credit authority approves a project for a tax credit under this section in a public meeting, as long as the taxpayer enters into the tax credit agreement prepared by the department of development after such meeting within sixty days after receiving the agreement from the department. If the taxpayer fails to enter into the agreement within sixty days, "new employee" has the same meaning as under division (A)(2)(a) of this section.

Under division (A)(2)(a) or (b) of this section, if the tax credit authority determines it appropriate, "new employee" also may include an employee re-hired or called back from lay-off to work in a new facility or on a new product or service established or produced by the taxpayer after entering into the agreement under this section or after the tax credit authority approves the tax credit in a public meeting. "New employee" does not include any employee of the taxpayer who was previously employed in this state by a related member of the taxpayer and whose employment was shifted to the taxpayer after the taxpayer entered into the tax credit agreement or after the tax credit authority approved the credit in a public meeting, or any employee of the taxpayer for which the taxpayer has been granted a certificate under division (B) of section 5709.66 of the Revised Code. "New employee" also does not include an employee of the taxpayer who is employed in an employment position that was relocated to a project from other operations of the taxpayer in this state or from operations of a related member of the taxpayer in this state. In addition, "new employee" does not include a child, grandchild, parent, or spouse, other than a spouse who is legally separated from the individual, of any individual who is an employee of the taxpayer and who has a direct or indirect ownership interest of at least five per cent in the profits, capital, or value of the taxpayer. Such ownership interest shall be determined in accordance with section 1563 of the Internal Revenue Code and regulations prescribed thereunder.

(3) "New income tax revenue" means the total amount withheld under section 5747.06 of the Revised Code by the taxpayer during the taxable year from the compensation of new employees for the tax levied under Chapter 5747. of the Revised Code.

(4) "Related member" has the same meaning as under division (A)(6) of section 5733.042 of the Revised Code without regard to division (B) of that section.

(B) The tax credit authority may make grants under this section to foster job creation in this state. Such a grant shall take the form of a refundable credit allowed against the tax imposed under Chapter 5733. BY SECTION 5733.06 or 5747. 5747.02 of the Revised Code. The credit shall be claimed for the taxable years specified in the taxpayer's agreement with the tax credit authority under division (D) of this section. The credit shall be claimed after the allowance of all other credits provided by Chapter 5733. or 5747. of the Revised Code. The amount of the credit equals the new income tax revenue for the taxable year multiplied by the percentage specified in the agreement with the tax credit authority.

(C) A taxpayer or potential taxpayer who proposes a project to create new jobs in this state may apply to the tax credit authority to enter into an agreement for a tax credit under this section. The director of development shall prescribe the form of the application. After receipt of an application, the authority may enter into an agreement with the taxpayer for a credit under this section if it determines all of the following:

(1) The taxpayer's project will create new jobs in this state;

(2) The taxpayer's project is economically sound and will benefit the people of this state by increasing opportunities for employment and strengthening the economy of this state;

(3) Receiving the tax credit is a major factor in the taxpayer's decision to go forward with the project.

(D) An agreement under this section shall include all of the following:

(1) A detailed description of the project that is the subject of the agreement;

(2) The term of the tax credit, which shall not exceed ten years, and the first taxable year for which the credit may be claimed;

(3) A requirement that the taxpayer shall maintain operations at the project location for at least twice the number of years as the term of the tax credit;

(4) The percentage, as determined by the tax credit authority, of new income tax revenue that will be allowed as the amount of the credit for each taxable year;

(5) A specific method for determining how many new employees are employed during a taxable year;

(6) A requirement that the taxpayer annually shall report to the director of development the number of new employees, the new income tax revenue withheld in connection with the new employees, and any other information the director needs to perform his duties under this section;

(7) A requirement that the director of development annually shall verify the amounts reported under division (D)(6) of this section, and after doing so shall issue a certificate to the taxpayer stating that the amounts have been verified;

(8)(a) A provision requiring that the taxpayer, except as otherwise provided in division (D)(8)(b) of this section, shall not relocate employment positions from elsewhere in this state to the project site that is the subject of the agreement for the lesser of five years from the date the agreement is entered into or the number of years the taxpayer is entitled to claim the tax credit.

(b) The taxpayer may relocate employment positions from elsewhere in this state to the project site that is the subject of the agreement if the director of development determines both of the following:

(i) That the site from which the employment positions would be relocated is inadequate to meet market and industry conditions, expansion plans, consolidation plans, or other business considerations affecting the taxpayer;

(ii) That the legislative authority of the county, township, or municipal corporation from which the employment positions would be relocated has been notified of the relocation.

For purposes of this section, the movement of an employment position from one political subdivision to another political subdivision shall be considered a relocation of an employment position, but the transfer of an individual employee from one political subdivision to another political subdivision shall not be considered a relocation of an employment position as long as the individual's employment position in the first political subdivision is refilled.

(E) If a taxpayer fails to meet or comply with any condition or requirement set forth in a tax credit agreement, the tax credit authority may amend the agreement to reduce the percentage or term of the tax credit. The reduction of the percentage or term shall take effect in the taxable year immediately following the taxable year in which the authority amends the agreement. If the taxpayer relocates employment positions in violation of the provision required under division (D)(8)(a) of this section, the taxpayer shall not claim the tax credit under section 5733.0610 of the Revised Code for any tax years following the calendar year in which the relocation occurs, or shall not claim the tax credit under section 5747.058 of the Revised Code for the taxable year in which the relocation occurs and any subsequent taxable years.

(F) Projects that consist solely of point-of-final-purchase retail facilities are not eligible for a tax credit under this section. If a project consists of both point-of-final-purchase retail facilities and nonretail facilities, only the portion of the project consisting of the nonretail facilities is eligible for a tax credit and only the new income tax revenue from new employees of the nonretail facilities shall be considered when computing the amount of the tax credit. If a warehouse facility is part of a point-of-final-purchase retail facility and supplies only that facility, the warehouse facility is not eligible for a tax credit. Catalog distribution centers are not considered point-of-final-purchase retail facilities for the purposes of this division, and are eligible for tax credits under this section.

(G) Financial statements and other information submitted to the department of development or the tax credit authority by an applicant or recipient of a tax credit under this section, and any information taken for any purpose from such statements or information, are not public records subject to section 149.43 of the Revised Code. However, the chairperson of the authority may make use of the statements and other information for purposes of issuing public reports or in connection with court proceedings concerning tax credit agreements under this section. Upon the request of the tax commissioner, the chairperson of the authority shall provide to the commissioner any statement or information submitted by an applicant or recipient of a tax credit in connection with the credit. The commissioner shall preserve the confidentiality of the statement or information.

(H) A taxpayer claiming a credit under this section shall submit to the tax commissioner a copy of the director of development's certificate of verification under division (D)(7) of this section for the taxable year. However, failure to submit a copy of the certificate does not invalidate a claim for a credit.

(I) The director of development, after consultation with the tax commissioner and in accordance with Chapter 119. of the Revised Code, shall adopt rules necessary to implement this section. The rules may provide for recipients of tax credits under this section to be charged fees to cover administrative costs of the tax credit program. At the time the director gives public notice under division (A) of section 119.03 of the Revised Code of the adoption of the rules, the director shall submit copies of the proposed rules to the chairpersons of the standing committees on economic development in the senate and the house of representatives.

(J) For the purposes of this section, a taxpayer may include a partnership, a corporation that has made an election under subchapter S of chapter one of subtitle A of the Internal Revenue Code, or any other business entity through which income flows as a distributive share to its owners. A credit received under this section by a partnership, S-corporation, or other such business entity shall be apportioned among the persons to whom the income or profit of the partnership, S-corporation, or other entity is distributed, in the same proportions as those in which the income or profit is distributed.

(K) If the director of development determines that a taxpayer who has received a credit under this section is not complying with the requirement under division (D)(3) of this section, the director shall notify the tax credit authority of the noncompliance. After receiving such a notice, and after giving the taxpayer an opportunity to explain the noncompliance, the tax credit authority may require the taxpayer to refund to this state a portion of the credit in accordance with the following:

(1) If the taxpayer maintained operations at the project location for at least one and one-half times the number of years of the term of the tax credit, an amount not exceeding twenty-five per cent of the sum of any previously allowed credits under this section;

(2) If the taxpayer maintained operations at the project location for at least the number of years of the term of the tax credit, an amount not exceeding fifty per cent of the sum of any previously allowed credits under this section;

(3) If the taxpayer maintained operations at the project location for less than the number of years of the term of the tax credit, an amount not exceeding one hundred per cent of the sum of any previously allowed credits under this section.

In determining the portion of the tax credit to be refunded to this state, the tax credit authority shall consider the effect of market conditions on the taxpayer's project and whether the taxpayer continues to maintain other operations in this state. After making the determination, the authority shall certify the amount to be refunded to the tax commissioner. The commissioner shall make an assessment for that amount against the taxpayer under Chapter 5733. or 5747. of the Revised Code. The time limitations on assessments under Chapter 5733. or 5747. of the Revised Code do not apply to an assessment under this division, but the commissioner shall make the assessment within one year after the date the authority certifies to the commissioner the amount to be refunded.

(L) On or before the thirty-first day of March each year, the director of development shall submit a report to the governor, the president of the senate, and the speaker of the house of representatives on the tax credit program under this section. The report shall include information on the number of agreements that were entered into under this section during the preceding calendar year, a description of the project that is the subject of each such agreement, and an update on the status of projects under agreements entered into before the preceding calendar year.

During the fifth year of the tax credit program, the director of development in conjunction with the director of budget and management shall conduct an evaluation of it. The evaluation shall include assessments of the effectiveness of the program in creating new jobs in this state and of the revenue impact of the program, and may include a review of the practices and experiences of other states with similar programs. The director of development shall submit a report on the evaluation to the governor, the president of the senate, and the speaker of the house of representatives on or before January 1, 1998.

(M) There is hereby created the tax credit authority, which consists of the director of development and four other members appointed as follows: the governor, the president of the senate, and the speaker of the house of representatives each shall appoint one member who shall be a specialist in economic development; the governor also shall appoint a member who is a specialist in taxation. Of the initial appointees, the members appointed by the governor shall serve a term of two years; the members appointed by the president of the senate and the speaker of the house of representatives shall serve a term of four years. Thereafter, terms of office shall be for four years. Initial appointments to the authority shall be made within thirty days after January 13, 1993. Each member shall serve on the authority until the end of the term for which the member was appointed. Vacancies shall be filled in the same manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of that term. Members may be reappointed to the authority. Members of the authority shall receive their necessary and actual expenses while engaged in the business of the authority. The director of development shall serve as chairperson of the authority, and the members annually shall elect a vice-chairperson from among themselves. Three members of the authority constitute a quorum to transact and vote on the business of the authority. The majority vote of the membership of the authority is necessary to approve any such business, including the election of the vice-chairperson.

The director of development may appoint a professional employee of the department of development to serve as the director's substitute at a meeting of the authority. The director shall make the appointment in writing. In the absence of the director from a meeting of the authority, the appointed substitute shall serve as chairperson. In the absence of both the director and the director's substitute from a meeting, the vice-chairperson shall serve as chairperson.

Sec. 122.18. (A) As used in this section:

(1) "Facility" means all real property and interests in real property owned by a landlord and leased to a tenant pursuant to a project that is the subject of an agreement under this section;

(2) "Full-time employee" has the same meaning as under section 122.17 of the Revised Code;

(3) "Landlord" means a county or municipal corporation, or a corporate entity that is an instrumentality of a county or municipal corporation and that is not subject to the tax imposed under Chapter 5733. BY SECTION 5733.06 or 5747. 5747.02 of the Revised Code;

(4) "New employee" means a full-time employee first employed by the tenant in the project that is the subject of the agreement after a landlord enters into an agreement with the tax credit authority under this section;

(5) "New income tax revenue" means the total amount withheld under section 5747.06 of the Revised Code by the tenant at a facility during a year from the compensation of new employees for the tax levied under Chapter 5747. of the Revised Code;

(6) "Tenant" means the United States or any department, agency, or instrumentality thereof.

(B) The tax credit authority may enter into an agreement with a landlord under which an annual payment equal to the new income tax revenue or the amount called for under division (D)(3) or (4) of this section shall be made to the landlord from moneys of this state that were not raised by taxation, and shall be credited by the landlord to the rental owing from the tenant to the landlord for a facility.

(C) A landlord that proposes a project to create new jobs in this state may apply to the tax credit authority to enter into an agreement for annual payments under this section. The director of development shall prescribe the form of the application. After receipt of an application, the authority may enter into an agreement with the landlord for annual payments under this section if it determines all of the following:

(1) The project will create new jobs in this state;

(2) The project is economically sound and will benefit the people of this state by increasing opportunities for employment and strengthening the economy of this state;

(3) Receiving the annual payments will be a major factor in the decision of the landlord and tenant to go forward with the project.

(D) An agreement with a landlord for annual payments shall include all of the following:

(1) A description of the project that is the subject of the agreement;

(2) The term of the agreement, which shall be the greater of twenty years or until the date on which the bonds or other forms of financing referred to in division (D)(3) of this section are no longer outstanding;

(3) Based on the estimated new income tax revenue to be derived from the facility at the time the agreement is entered into, provision for a guaranteed minimum payment to the landlord commencing with the issuance by the landlord of any bonds or other forms of financing for the construction of the facility and continuing for so long as such bonds or other forms of financing or any bonds or other forms of financing issued to refund such bonds or other forms of financing are outstanding;

(4) Provision for offsets to this state of the annual payment in years in which such annual payment is greater than the guaranteed minimum payment of amounts previously paid by this state to the landlord in excess of the new income tax revenue by reason of the guaranteed minimum payment;

(5) A specific method for determining how many new employees are employed during a year;

(6) A requirement that the landlord annually shall obtain from the tenant and report to the director of development the number of new employees, the new income tax revenue withheld in connection with the new employees, and any other information the director needs to perform his THE DIRECTOR'S duties under this section;

(7) A requirement that the director of development annually shall verify the amounts reported under division (D)(6) of this section, and after doing so shall issue a certificate to the landlord stating that the amounts have been verified.

(E) The director of development, in accordance with Chapter 119. of the Revised Code, shall adopt rules necessary to implement this section.

Sec. 122.29. (A) There is hereby created the industrial technology and enterprise advisory council to assist in carrying out programs created pursuant to sections 122.15 TO 122.154 AND 122.28 to 122.36 of the Revised Code.

(B) The council shall consist of seven members appointed by the governor with the advice and consent of the senate and selected for their knowledge of and experience in industrial research and development, business, higher education, and federal research and development programs with an emphasis on the development of new technology, and use of existing resources in the university and business communities for industrial research, one member of the senate appointed by the president of the senate, and one member of the house of representatives appointed by the speaker of the house of representatives:

(1) No more than four members of the industrial technology and enterprise advisory council appointed by the governor shall be members of the same political party.

(2) The terms of office for the seven members appointed by the governor shall be for seven years commencing on the first day of January and ending on the thirty-first day of December.

(3) Each member shall hold office from the date of appointment until the end of the term for which the member was appointed.

(4) Any member of the council is eligible for reappointment.

(5) As a term of a member of the council appointed by the governor expires, a successor shall be appointed by the governor, with the advice and consent of the senate.

(6) Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of the predecessor's term.

(7) Any member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first.

(8) Before entering upon official duties, each member shall take an oath as provided by Section 7 of Article XV, Ohio Constitution.

(9) The governor may at any time, remove any member appointed by the governor pursuant to section 3.04 of the Revised Code.

(10) Members of the industrial technology and enterprise advisory council shall serve without compensation, but shall be reimbursed for their necessary and actual expenses while engaged in the business of the council.

(11) Five members of the council constitute a quorum.

Sec. 122.73. (A) The minority development financing advisory board and the director of development are invested with the powers and duties provided in sections 122.71 to 122.89 of the Revised Code, in order to promote the welfare of the people of the state by encouraging the establishment and expansion of minority business enterprises, to stabilize the economy, to provide employment, to assist in the development within the state of industrial, commercial, distribution, and research activities required for the people of the state, and for their gainful employment, or otherwise to create or preserve jobs and employment opportunities, or improve the economic welfare of the people of the state. It is hereby determined that the accomplishment of those purposes is essential so that the people of the state may maintain their present high standards of living in comparison with the people of other states and so that opportunities for employment and for favorable markets for the products of the state's natural resources, agriculture, and manufacturing shall be improved and that it is necessary for the state to establish the programs authorized under sections 122.71 to 122.89 of the Revised Code to establish the minority development financing advisory board, and to invest it and the director of development with the powers and duties provided in sections 122.71 to 122.89 of the Revised Code.

(B) The minority development financing advisory board shall do all of the following:

(1) Make recommendations to the director as to applications for assistance pursuant to sections 122.71 to 122.76 AND 122.78 TO 122.89 of the Revised Code. The board may revise its recommendations to reflect any changes in the proposed assistance made by the director.

(2) Advise the director in the administration of sections 122.71 to 122.89 of the Revised Code.

(3) Adopt bylaws to govern the conduct of the business of the board.

Sec. 122.89. (A) The director of development may execute bonds as surety for minority businesses as principals, on contracts with the state, any political subdivision or instrumentality thereof, or any person as the obligee. The director as surety may exercise all the rights and powers of a company authorized by the department of insurance to execute bonds as surety but shall not be subject to any requirements of a surety company under Title XXXIX of the Revised Code nor to any rules of the department of insurance.

(B) The director, with the advice of the minority development financing advisory board, shall adopt rules under Chapter 119. of the Revised Code establishing procedures for application for surety bonds by minority businesses and for review and approval of applications. The board shall review each application in accordance with the rules and, based on the bond worthiness of each applicant, shall refer all qualified applicants to the director. Based on the recommendation of the board, the director shall determine whether or not the applicant shall receive bonding.

(C) The rules of the board shall provide that the minority business, IN ORDER TO MAKE AN APPLICATION FOR A BOND TO THE DIRECTOR, SHALL submit documentation, as the director requires, to demonstrate EITHER that a minority business shall have been denied a bond by two surety companies in order to make application for a bond to the director OR THAT THE MINORITY BUSINESS HAS APPLIED TO TWO SURETY COMPANIES FOR A BOND AND, AT THE EXPIRATION OF SIXTY DAYS AFTER MAKING THE APPLICATION, HAS NEITHER RECEIVED NOR BEEN DENIED A BOND.

(D) The rules of the board shall require the minority business to pay a premium in advance for the bond to be established by the director, with the advice of the board after the director receives advice from the superintendent of insurance regarding the standard market rates for premiums for similar bonds. All premiums paid by minority businesses shall be paid into the minority business bonding program administrative and loss reserve fund.

(E) The penal sum amounts of all outstanding bonds issued by the director shall not exceed the amount of moneys in the minority business bonding fund and available to the fund under division (B) of section 169.05 of the Revised Code.

(F) The superintendent of insurance shall provide such technical and professional assistance as is considered necessary by the director, including providing advice regarding the standard market rates for bond premiums as described under division (D) of this section.

Sec. 124.136. (A)(1) Each permanent full-time and permanent part-time employee paid in accordance with section 124.152 of the Revised Code and each employee listed in division (B)(2) or (4) of section 124.14 of the Revised Code who works thirty or more hours per week, and who meets the requirement of division (A)(2) of this section is eligible, upon the birth or adoption of a child, for a parental leave of absence and parental leave benefits under this section. Parental leave of absence shall begin on the day of the birth of a child or on the day on which custody of a child is taken for adoption placement by the prospective parents.

(2) To be eligible for leave and benefits under this section, an employee must be the biological parent of a newly born child or the legal guardian of and reside in the same household as a newly adopted child. EMPLOYEES MAY ELECT TO RECEIVE TWO THOUSAND DOLLARS FOR ADOPTION EXPENSES IN LIEU OF RECEIVING THE PAID LEAVE BENEFIT PROVIDED UNDER THIS SECTION. SUCH PAYMENT MAY BE REQUESTED UPON PLACEMENT OF THE CHILD IN THE EMPLOYEE'S HOME. IF THE CHILD IS ALREADY RESIDING IN THE HOME, PAYMENT MAY BE REQUESTED AT THE TIME THE ADOPTION IS APPROVED.

(3) The average number of regular hours worked, which shall include all hours of holiday pay and other types of paid leave, during the three-month period immediately preceding the day parental leave of absence begins shall be used to determine eligibility and benefits under this section for part-time employees, but such benefits shall not exceed forty hours per week. If an employee has not worked for a three-month period, the number of hours for which the employee has been scheduled to work per week during the employee's period of employment shall be used to determine eligibility and benefits under this section.

(B) Parental leave granted under this section shall not exceed six continuous weeks, which shall include four weeks or one hundred sixty hours of paid leave for permanent full-time employees and a prorated number of hours of paid leave for permanent part-time employees. All employees granted parental leave shall serve a waiting period of fourteen days that begins on the day parental leave begins and during which they shall not receive paid leave under this section. Employees may choose to work during the waiting period. During the remaining four weeks of the leave period, employees shall receive paid leave equal to seventy per cent of their base rate of pay. All of the following apply to employees granted parental leave:

(1) They remain eligible to receive all employer-paid benefits and continue to accrue all other forms of paid leave as if they were in active pay status.

(2) They are ineligible to receive overtime pay, and no portion of their parental leave shall be included in calculating their overtime pay.

(3) They are ineligible to receive holiday pay. A holiday occurring during the leave period shall be counted as one day of parental leave and be paid as such.

(C) Employees receiving parental leave may utilize available sick leave, personal leave, vacation leave, or compensatory time balances in order to be paid during the fourteen-day waiting period and to supplement the seventy per cent of their base rate of pay received during the remaining part of their parental leave period, in an amount sufficient to give them up to one hundred per cent of their pay for time on parental leave.

Use of parental leave does not affect an employee's eligibility for other forms of paid leave granted under this chapter and does not prohibit an employee from taking leave under the "Family and Medical Leave Act of 1993," 107 Stat. 6, 29 U.S.C.A. 2601, except that parental leave shall be included in any leave time provided under that act.

(D) Employees receiving disability leave benefits under section 124.385 of the Revised Code prior to becoming eligible for parental leave shall continue to receive disability leave benefits for the duration of their disabling condition or as otherwise provided under the disability leave benefits program. If an employee is receiving disability leave benefits because of pregnancy and these benefits expire prior to the expiration date of any benefits the employee would have been entitled to receive under this section, the employee shall receive parental leave for such additional time without being required to serve an additional waiting period.

Sec. 124.15. (A) Board and commission members appointed prior to July 1, 1991, shall be paid a salary or wage in accordance with the following schedules of rates:

Schedule B

Pay Ranges and Step Values
RangeStep 1Step 2Step 3Step 4
23 Hourly5.725.916.106.31
Annually11897.6012292.8012688.0013124.80
Step 5Step 6
Hourly6.526.75
Annually13561.6014040.00
Step 1Step 2Step 3Step 4
24 Hourly6.006.206.416.63
Annually12480.0012896.0013332.8013790.40
Step 5Step 6
Hourly6.877.10
Annually14289.6014768.00
Step 1Step 2Step 3Step 4
25 Hourly6.316.526.756.99
Annually13124.8013561.6014040.0014539.20
Step 5Step 6
Hourly7.237.41
Annually15038.4015412.80
Step 1Step 2Step 3Step 4
26 Hourly6.636.877.107.32
Annually13790.4014289.6014768.0015225.60
Step 5Step 6
Hourly7.537.77
Annually15662.4016161.60
Step 1Step 2Step 3Step 4
27 Hourly6.997.237.417.64
Annually14534.2015038.4015412.8015891.20
Step 5Step 6Step 7
Hourly7.888.158.46
Annually16390.4016952.0017596.80
Step 1Step 2Step 3Step 4
28 Hourly7.417.647.888.15
Annually15412.8015891.2016390.4016952.00
Step 5Step 6Step 7
Hourly8.468.799.15
Annually17596.8018283.2019032.00
Step 1Step 2Step 3Step 4
29 Hourly7.888.158.468.79
Annually16390.4016952.0017596.8018283.20
Step 5Step 6Step 7
Hourly9.159.5810.01
Annually19032.0019926.4020820.80
Step 1Step 2Step 3Step 4
30 Hourly8.468.799.159.58
Annually17596.8018283.2019032.0019926.40
Step 5Step 6Step 7
Hourly10.0110.4610.99
Annually20820.8021756.8022859.20
Step 1Step 2Step 3Step 4
31 Hourly9.159.5810.0110.46
Annually19032.0019962.4020820.8021756.80
Step 5Step 6Step 7
Hourly10.9911.5212.09
Annually22859.2023961.6025147.20
Step 1Step 2Step 3Step 4
32 Hourly10.0110.4610.9911.52
Annually20820.8021756.8022859.2023961.60
Step 5Step 6Step 7Step 8
Hourly12.0912.6813.2913.94
Annually25147.2026374.4027643.2028995.20
Step 1Step 2Step 3Step 4
33 Hourly10.9911.5212.0912.68
Annually22859.2023961.6025147.2026374.40
Step 5Step 6Step 7Step 8
Hourly13.2913.9414.6315.35
Annually27643.2028995.2030430.4031928.00
Step 1Step 2Step 3Step 4
34 Hourly12.0912.6813.2913.94
Annually25147.2026374.4027643.2028995.20
Step 5Step 6Step 7Step 8
Hourly14.6315.3516.1116.91
Annually30430.4031928.0033508.8035172.80
Step 1Step 2Step 3Step 4
35 Hourly13.2913.9414.6315.35
Annually27643.2028995.2030430.4031928.00
Step 5Step 6Step 7Step 8
Hourly16.1116.9117.7318.62
Annually33508.8035172.8036878.4038729.60
Step 1Step 2Step 3Step 4
36 Hourly14.6315.3516.1116.91
Annually30430.4031928.0033508.8035172.80
Step 5Step 6Step 7Step 8
Hourly17.7318.6219.5420.51
Annually36878.4038729.6040643.2042660.80

Schedule C

Pay Range and Values
RangeMinimumMaximum
41 Hourly10.4415.72
Annually21715.2032697.60
42 Hourly11.5117.35
Annually23940.8036088.00
43 Hourly12.6819.12
Annually26374.4039769.60
44 Hourly13.9920.87
Annually29099.2043409.60
45 Hourly15.4422.80
Annually32115.2047424.00
46 Hourly17.0124.90
Annually35380.8051792.00
47 Hourly18.7527.18
Annually39000.0056534.40
48 Hourly20.6729.69
Annually42993.6061755.20
49 Hourly22.8032.06
Annually47424.0066684.80

(B) The pay schedule of all employees shall be on a biweekly basis, with amounts computed on an hourly basis.

(C) Part-time employees shall be compensated on an hourly basis for time worked, at the rates shown in division (A) of this section or in section 124.152 of the Revised Code.

(D) The salary and wage rates in division (A) of this section or in section 124.152 of the Revised Code represent base rates of compensation and may be augmented by the provisions of section 124.181 of the Revised Code. In those cases where lodging, meals, laundry, or other personal services are furnished an employee, the actual costs or fair market value thereof shall be paid by the employee in such amounts and manner as determined by the director of administrative services and approved by the director of budget and management, and such services shall not be considered as a part of the employee's compensation. An appointing authority, with the approval of the director of administrative services and the director of budget and management, may establish payments to employees for uniforms, tools, equipment, and other requirements of the department and payments for the maintenance thereof.

The director of administrative services may review collective bargaining agreements entered into under Chapter 4117. of the Revised Code that cover state employees and determine whether certain benefits or payments provided to state employees covered by those agreements should also be provided to "exempt employees" as defined in section 124.152 of the Revised Code. On completing the review, the director of administrative services, with the approval of the director of budget and management, may provide to some or all exempt employees any payment or benefit, except for salary, contained in such a collective bargaining agreement even if a similar payment or benefit is already provided by law to some or all of these exempt employees. Any payment or benefit so provided shall not exceed the highest level for that payment or benefit specified in such a collective bargaining agreement. The director of administrative services shall not provide, and the director of budget and management shall not approve, any payment or benefit to an exempt employee under this division unless the payment or benefit is provided pursuant to a collective bargaining agreement to a state employee who is in a position with similar duties as, supervised by, or employed by the same appointing authority as, the exempt employee to whom the benefit or payment is to be provided.

As used in this division, a payment or benefit provided by law means bereavement, personal, vacation, administrative, and sick leave, disability benefits, wages, holiday pay, and pay supplements provided to exempt employees under the Revised Code.

(E) New employees paid under schedule B of division (A) of this section or under schedule E-1 of section 124.152 of the Revised Code shall be employed at the minimum rate established for the range unless otherwise provided. Employees with qualifications that are beyond the minimum normally required for the position and that are determined by the director to be exceptional may be employed in, or may be transferred or promoted to, a position at an advanced step of the range. Further, in time of a serious labor market condition when it is relatively impossible to recruit employees at the minimum rate for a particular classification the entrance rate may be set at an advanced step in the range by the director of administrative services. This rate may be limited to geographical regions of the state. Appointments made to an advanced step under the provision regarding exceptional qualifications shall not affect the step assignment of employees already serving. However, anytime the hiring rate of an entire classification is advanced to a higher step all incumbents of that classification being paid at a step lower than that being used for hiring, shall be advanced beginning at the start of the first pay period thereafter to the new hiring rate and any time accrued at the lower step will be used to calculate advancement to a succeeding step. If the hiring rate of a classification is increased for only a geographical region of the state, then only incumbents who work in that geographical region shall be advanced to a higher step. When an employee in the classified service is promoted to a higher class, the employee's salary or wage shall be increased to that of the lowest step in the pay range for the new class that will increase the employee's salary or wage by at least four per cent of the base pay. When an employee in the unclassified service changes from one state position to another, or is appointed to a position in the classified service, or if an employee in the classified service is appointed to a position in the unclassified service, the employee's salary or wage in the new position shall be determined in the same manner as if the employee were an employee in the classified service. When an employee in the unclassified service who is not eligible for step increases is appointed to a classification in the classified service under which step increases are provided, future step increases shall be based on the date on which the employee last received a pay increase. Future step increases shall be effective on the pay period that is twenty-six pay periods following the employee's last increase. If the employee has not received an increase during the previous year, the date of the appointment to the classified service shall be used to determine the employee's annual step advancement date. In assigning or reassigning any employee to a classification RESULTING IN A PAY RANGE INCREASE or to a new pay range as a result of a promotion, an increase pay range adjustment, or other classification change resulting in a pay range increase, the director shall assign such employee to the step in the new pay range that will provide an increase of approximately four per cent if the new pay range can accommodate the increase. When assigning an employee IS BEING ASSIGNED to a classification or new pay range as the result of a class plan change, the director shall assign the employee to the lowest step in the new pay range that does not result in a salary decrease. If IF the employee has completed a probationary period, the employee shall be placed in a step no lower than step two of the new pay range. If the employee has not completed a probationary period, the employee may be placed in step one of the new pay range. All such pay range adjustments shall be accomplished according to this method, notwithstanding the provisions of Chapter 4117. of the Revised Code or instruments negotiated under Chapter 4117. of the Revised Code and in effect on the effective date of this amendment, except that this section does not prohibit the exclusive representative and employer from negotiating over this subject in collective bargaining agreements that become effective after December 31, 1995. Such new salary or wage shall become effective on such date as the director determines.

(F) If employment conditions and the urgency of the work require such action, the director of administrative services may, upon the application of a department head, authorize payment at any rate established within the range for the class of work, for work of a casual or intermittent nature or on a project basis. Payment at such rates shall not be made to the same individual for more than three calendar months in any one calendar year. Any such action shall be subject to the approval of the director of budget and management as to the availability of funds. This section and sections 124.14 and 124.152 of the Revised Code do not repeal any authority of any department or public official to contract with or fix the compensation of professional persons who may be employed temporarily for work of a casual nature or for work on a project basis.

(G) Each state employee paid under schedule B of this section or under schedule E-1 of section 124.152 of the Revised Code shall be advanced to succeeding steps in the range for the employee's class according to the schedule established in this division. Beginning on the first day of the pay period within which the employee completes the prescribed probationary period in the employee's classification with the state, each employee shall receive an automatic salary adjustment equivalent to the next higher step within the pay range for the employee's class or grade. The base rate of each employee paid under schedule B of this section or under schedule E-1 of section 124.152 of the Revised Code shall advance at annual intervals thereafter, if the employee has maintained satisfactory performance, to the next higher step until the maximum step is reached. When an employee is promoted or reassigned, or receives TO a change in HIGHER pay range, other than as a result of a class plan change, the employee's step indicator shall return to "0." OR BE ADJUSTED TO ACCOUNT FOR A PROBATIONARY PERIOD, AS APPROPRIATE. Step advancement shall not be affected by demotion. A promoted employee shall advance to the next higher step of the pay range on the first day of the pay period in which the required probationary period is completed. Step advancement shall become effective at the beginning of the pay period within which the employee attains the necessary length of service. Time spent on authorized leave of absence shall be counted for this purpose.

If determined to be in the best interest of the state service, the director of administrative services may, either statewide or in selected agencies, adjust the dates on which annual step increases are received by employees paid under schedule E-1 of section 124.152 of the Revised Code.

(H) Employees in appointive managerial or professional positions paid under salary schedule C of this section or under salary schedule E-2 of section 124.152 of the Revised Code may be appointed at any rate within the appropriate pay range. This rate of pay may be adjusted higher or lower within the respective pay range at any time the appointing authority so desires as long as the adjustment is based on the employee's ability to successfully administer those duties assigned to the employee. Salary adjustments shall not be made more frequently than once in any six-month period under this provision to incumbents holding the same position and classification.

(I) When an employee is assigned to duty outside this state, the employee may be compensated, upon request of the department head and with the approval of the director of administrative services at a rate not to exceed fifty per cent in excess of the employee's current base rate for the period of time spent on such duty.

(J) Unless compensation for members of a board or commission is otherwise specifically provided by law, the director of administrative services shall establish the rate and method of payment for members of boards and commissions pursuant to the pay schedules listed in section 124.152 of the Revised Code.

(K) Regular full-time employees in positions assigned to classes within the instruction and education administration series under the rules of the director of administrative services, except certificated employees on the instructional staff of the state school for the blind or the state school for the deaf, whose positions are scheduled to work on the basis of an academic year rather than a full calendar year, shall be paid according to the pay range assigned by such rules but only during those pay periods included in the academic year of the school where the employee is located.

(1) Part-time or substitute teachers or those whose period of employment is other than the full academic year shall be compensated for the actual time worked at the rate established by this section.

(2) Employees governed by this division are exempt from sections 124.13 and 124.19 of the Revised Code.

(3) Length of service for the purpose of determining eligibility for step increases as provided by division (G) of this section and for the purpose of determining eligibility for longevity pay supplements as provided by division (F) of section 124.181 of the Revised Code shall be computed on the basis of one full year of service for the completion of each academic year.

(L) The superintendent of the state school for the deaf and the superintendent of the state school for the blind shall, subject to the approval of the superintendent of public instruction, carry out both of the following:

(1) Annually, between the first day of April and the last day of June, establish for the ensuing fiscal year a schedule of hourly rates for the compensation of each certificated employee on the instructional staff of that superintendent's respective school constructed as follows:

(a) Determine for each level of training, experience, and other professional qualification for which an hourly rate is set forth in the current schedule, the per cent that rate is of the rate set forth in such schedule for a teacher with a bachelor's degree and no experience. If there is more than one such rate for such a teacher, the lowest rate shall be used to make the computation.

(b) Determine which six city, local, and exempted village school districts with territory in Franklin county have in effect on, or have adopted by, the first day of April for the school year that begins on the ensuing first day of July, teacher salary schedules with the highest minimum salaries for a teacher with a bachelor's degree and no experience;

(c) Divide the sum of such six highest minimum salaries by ten thousand five hundred sixty;

(d) Multiply each per cent determined in division (L)(1)(a) of this section by the quotient obtained in division (L)(1)(c) of this section;

(e) One hundred five per cent of each product thus obtained shall be the hourly rate for the corresponding level of training, experience, or other professional qualification in the schedule for the ensuing fiscal year.

(2) Annually, assign each certificated employee on the instructional staff of his THE SUPERINTENDENT'S respective school to an hourly rate on the schedule that is commensurate with the employee's training, experience, and other professional qualifications.

If an employee is employed on the basis of an academic year, the employee's annual salary shall be calculated by multiplying the employee's assigned hourly rate times one thousand seven hundred sixty. If an employee is not employed on the basis of an academic year, the employee's annual salary shall be calculated in accordance with the following formula:

(a) Multiply the number of days the employee is required to work pursuant to the employee's contract by eight;

(b) Multiply the product of division (L)(2)(a) of this section by the employee's assigned hourly rate.

Each employee shall be paid an annual salary in biweekly installments. The amount of each installment shall be calculated by dividing the employee's annual salary by the number of biweekly installments to be paid during the year.

Sections 124.13 and 124.19 of the Revised Code do not apply to an employee who is paid under this division.

As used in this division, "academic year" means the number of days in each school year that the schools are required to be open for instruction with pupils in attendance. Upon completing an academic year, an employee paid under this division shall be deemed to have completed one year of service. An employee paid under this division is eligible to receive a pay supplement under division (L)(1), (2), or (3) of section 124.181 of the Revised Code for which the employee qualifies, but is not eligible to receive a pay supplement under division (L)(4) or (5) of such section. An employee paid under this division is eligible to receive a pay supplement under division (L)(6) of section 124.181 of the Revised Code for which the employee qualifies, except that the supplement is not limited to a maximum of five per cent of the employee's regular base salary in a calendar year.

(M) Division (A) of this section does not apply to "exempt employees" as defined in section 124.152 of the Revised Code who are paid under that section.

Notwithstanding any other provisions of this chapter, when an employee transfers between bargaining units or transfers out of or into a bargaining unit, the director shall establish the employee's compensation and adjust the maximum leave accrual schedule as he THE DIRECTOR deems equitable.

Sec. 124.152. (A) Beginning on the first day of the pay period that includes July 1, 1994 1997, each exempt employee shall be paid a salary or wage in accordance with the following schedule of rates:

Schedule E-1


Pay Ranges and Step Values
RangeStep 1Step 2Step 3Step 4

1 Hourly7.828.168.508.85
Annually16266169731768018408
Step 1Step 2Step 3Step 4
2 Hourly8.198.558.919.31
Annually17035177841853319365
Step 1Step 2Step 3Step 4
3 Hourly8.598.969.379.79
Annually17867186371949020363
Step 1Step 2Step 3Step 4
4 Hourly9.019.439.8610.32
Annually18741196142050921466
Step 1Step 2Step 3Step 4
5 Hourly9.479.8810.3210.75
Annually19698205502146622360
Step 1Step 2Step 3Step 4
6 Hourly9.9710.3910.8411.29
Annually20738216112254723483
Step 1Step 2Step 3Step 4
7 Hourly10.5911.0011.4211.83
Annually22027228802375424606
Step 5   
Hourly12.29   
Annually25563   
Step 1Step 2Step 3Step 4
8 Hourly11.2011.6812.2012.73
Annually23296242942537626478
Step 5   
Hourly13.28   
Annually27622   
Step 1Step 2Step 3Step 4
9 Hourly11.9412.5613.1813.84
Annually24835261252741428787
Step 5   
Hourly14.54   
Annually30,243   
Step 1Step 2Step 3Step 4
10 Hourly12.8913.5914.3315.13
Annually26811282672980631470
Step 5   
Hourly15.95   
Annually33176   
Step 1Step 2Step 3Step 4
11 Hourly14.0314.8515.7116.59
Annually29182308883267734507
Step 5   
Hourly17.53   
Annually36462   
Step 1Step 2Step 3Step 4
12 Hourly15.4816.3417.2218.17
Annually32198339873581837794
Step 5Step 6  
Hourly19.1820.24  
Annually3989442099  
Step 1Step 2Step 3Step 4
13 Hourly17.0617.9918.9720.01
Annually35485374193945841621
Step 5Step 6  
Hourly21.1222.27  
Annually4393046322  
Step 1Step 2Step 3Step 4
14 Hourly18.7619.8020.8922.03
Annually39021411844345145822
Step 5Step 6  
Hourly23.2724.56  
Annually4840251085  
Step 1Step 2Step 3Step 4
15 Hourly20.6221.7622.9924.26
Annually42890452614781950461
Step 5Step 6  
Hourly25.6027.02  
Annually5324856202  
Step 1Step 2Step 3Step 4
16 Hourly22.7223.9825.3126.72
Annually47258498785264555578
Step 5Step 6  
Hourly28.1929.78  
Annually5863561942  
Step 1Step 2Step 3Step 4
17 Hourly25.0426.4227.8929.44
Annually52083549545801161235
Step 5Step 6  
Hourly31.0832.82  
Annually6464668266  
Step 1Step 2Step 3Step 4
18 Hourly27.5929.1230.7432.45
Annually57387605706393967496
Step 5Step 6  
Hourly34.2436.15  
Annually7121975192  


Schedule E-2
RangeMinimumMaximum
41 Hourly15.1522.80
Annually3151247424
42 Hourly16.7025.18
Annually3473652374
43 Hourly18.3927.74
Annually3825157699
44 Hourly20.2930.29
Annually4220363003
45 Hourly22.4133.09
Annually4661368827
46 Hourly24.6736.14
Annually5131475171
47 Hourly27.2039.44
Annually5657682035
48 Hourly30.0043.06
Annually6240089565
49 Hourly33.0946.49
Annually6882796699

 StepStepStepStepStepStep 
Range 123456 
1Hourly 8.629.009.389.76   
Annually 17930187201951020301   
2Hourly 9.049.439.8410.27   
Annually 18803196142046721362   
3Hourly 9.489.8910.3310.80 
Annually 19718205712148622464   
4Hourly 9.9410.4010.8811.38 
Annually 20675216322263023670 
5Hourly 10.4510.9111.3811.87 
Annually 21736226932367024690 
6Hourly 11.0011.4611.9612.45 
Annually 22880238372487725896 
7Hourly 11.6812.1312.6113.0513.55 
Annually 2429425230262292714428184 
8Hourly 12.3612.8913.4614.0514.65 
Annually 2570926811279972922430472 
9Hourly 13.1713.8514.5415.2616.04 
Annually 2739428808302433174133363 
10Hourly 14.2214.9915.8116.7017.60 
Annually 2957831179328853473636608 
11Hourly 15.4816.3817.3318.3019.34 
Annually 3219834070360463806440227 
12Hourly 17.0818.0319.0020.0521.1722.33 
Annually 355263750239520417044403446446 
13Hourly 18.8219.8520.9322.0723.3024.57 
Annually 391464128843534459064846451106 
14Hourly 20.7021.8523.0524.3125.6827.10 
Annually 430564544847944505655341456368 
15Hourly 22.7424.0125.3726.7728.2429.81 
Annually 472994994152770556825873962005 
16Hourly 25.0726.4627.9229.4831.1132.86 
Annually 521465503758074613186470968349 
17Hourly 27.6229.1530.7832.4934.2936.20 
Annually 574506063264022675797132375296 
18Hourly 30.4432.1333.9235.8037.7839.89 
Annually 633156683070554744647858282971 

SCHEDULE E-2
RangeMinimumMaximum
41Hourly16.7225.15
Annually3477852312
42Hourly18.4327.79
Annually3833457803
43Hourly20.2930.61
Annually4220363669
44Hourly22.3833.42
Annually4655069514
45Hourly24.7336.50
Annually5143875920
46Hourly27.2239.88
Annually5661882950
47Hourly30.0143.52
Annually6242190522
48Hourly33.1047.50
Annually6884898800
49Hourly36.5051.29
Annually75920106683

(B) Beginning on the first day of the pay period that includes July 1, 1995 1998, each exempt employee, OTHER THAN AN EXEMPT EMPLOYEE OF THE TREASURER OF STATE, shall be paid a salary or wage in accordance with the following schedule of rates:

Schedule E-1

Pay Ranges and Step Values
RangeStep 1Step 2Step 3Step 4
1 Hourly8.138.498.849.20
Annually16910176591838719136
Step 1Step 2Step 3Step 4
2 Hourly8.528.899.279.68
Annually17722184911928220134
Step 1Step 2Step 3Step 4
3 Hourly8.939.329.7410.18
Annually18574193862025921174
Step 1Step 2Step 3Step 4
4 Hourly9.379.8110.2510.73
Annually19490204052132022318
Step 1Step 2Step 3Step 4
5 Hourly9.8510.2810.7311.18
Annually20488213822231823254
Step 1Step 2Step 3Step 4
6 Hourly10.3710.8111.2711.74
Annually21570224852344224419
Step 1Step 2Step 3Step 4
7 Hourly11.0111.4411.8812.30
Annually22901237952471025584
Step 5   
Hourly12.78   
Annually26582   
Step 1Step 2Step 3Step 4
8 Hourly11.6512.1512.6913.24
Annually24232252722639527539
Step 5   
Hourly13.81   
Annually28725   
Step 1Step 2Step 3Step 4
9 Hourly12.4213.0613.7114.39
Annually25834271652851729931
Step 5   
Hourly15.12   
Annually31450   
Step 1Step 2Step 3Step 4
10 Hourly13.4114.1314.9015.74
Annually27893293903099232739
Step 5   
Hourly16.59   
Annually34507   
Step 1Step 2Step 3Step 4
11 Hourly14.5915.4416.3417.25
Annually30347321153398735880
Step 5   
Hourly18.23   
Annually37918   
Step 1Step 2Step 3Step 4
12 Hourly16.1016.9917.9118.90
Annually33488353393725339312
Step 5Step 6  
Hourly19.9521.05  
Annually4149643784  
Step 1Step 2Step 3Step 4
13 Hourly17.7418.7119.7320.81
Annually36899389174103843285
Step 5Step 6  
Hourly21.9623.16  
Annually4567748173  
Step 1Step 2Step 3Step 4
14 Hourly19.5120.5921.7322.91
Annually40581428274519847653
Step 5Step 6  
Hourly24.2025.54  
Annually5033653123  
Step 1Step 2Step 3Step 4
15 Hourly21.4422.6323.9125.23
Annually44595470704973352478
Step 5Step 6  
Hourly26.6228.10  
Annually5537058448  
Step 1Step 2Step 3Step 4
16 Hourly23.6324.9426.3227.79
Annually49150518755474657803
Step 5Step 6  
Hourly29.3230.97  
Annually6098664418  
Step 1Step 2Step 3Step 4
17 Hourly26.0427.4829.0130.62
Annually54163571586034163690
Step 5Step 6  
Hourly32.3234.13  
Annually6722670990  
Step 1Step 2Step 3Step 4
18 Hourly28.6930.2831.9733.75
Annually59675629826649870200
Step 5Step 6  
Hourly35.6137.60  
Annually7406978208  

Schedule E-2
RangeMinimumMaximum
41 Hourly15.7623.71
Annually3278149317
42 Hourly17.3726.19
Annually3613054475
43 Hourly19.1328.85
Annually3979060008
44 Hourly21.1031.50
Annually4388865520
45 Hourly23.3134.41
Annually4848571573
46 Hourly25.6637.59
Annually5337378187
47 Hourly28.2941.02
Annually5884385322
48 Hourly31.2044.78
Annually6489693142
49 Hourly34.4148.35
Annually71573100568

 StepStepStepStepStepStep 
Range 123456 
1Hourly 8.889.279.6610.05   
Annually 18470192822009320904   
2Hourly 9.319.7110.1410.58   
Annually 19365201972109122006   
3Hourly 9.7610.1910.6411.12 
Annually 20301211952213123130   
4Hourly 10.2410.7111.2111.72 
Annually 21299222772331724378 
5Hourly 10.7611.2411.7212.23 
Annually 22381233792437825438 
6Hourly 11.3311.8012.3212.82 
Annually 23566245442562626666 
7Hourly 12.0312.4912.9913.4413.96 
Annually 2502225979270192795529037 
8Hourly 12.7313.2813.8614.4715.09 
Annually 2647827622288293009831387 
9Hourly 13.5714.2714.9815.7216.52 
Annually 2822629682311583269834362 
10Hourly 14.6515.4416.2817.2018.13 
Annually 3047232115338623577637710 
11Hourly 15.9416.8717.8518.8519.92 
Annually 3315535090371283920841434 
12Hourly 17.5918.5719.5720.6521.8123.00 
Annually 365873862640706429524536547840 
13Hourly 19.3820.4521.5622.7324.0025.31 
Annually 403104253644845472784992052645 
14Hourly 21.3222.5123.7425.0426.4527.91 
Annually 443464682149379520835501658053 
15Hourly 23.4224.7326.1327.5729.0930.70 
Annually 487145143854350573466050763856 
16Hourly 25.8227.2528.7630.3632.0433.85 
Annually 537065668059821631496664370408 
17Hourly 28.4530.0231.7033.4635.3237.29 
Annually 591766244265936695977346677563 
18Hourly 31.3533.0934.9436.8738.9141.09 
Annually 652086882772675766908093385467 

SCHEDULE E-2
RangeMinimumMaximum
41Hourly17.2225.90
Annually3581853872
42Hourly18.9828.62
Annually3948459537
43Hourly20.9031.53
Annually4346965579
44Hourly23.0534.42
Annually4794771599
45Hourly25.4737.60
Annually5298278198
46Hourly28.0441.08
Annually5831685439
47Hourly30.9144.83
Annually6429393237
48Hourly34.0948.93
Annually70913101764
49Hourly37.6052.83
Annually78198109884

(C) Beginning on the first day of the pay period that includes July 1, 1996 1999, each exempt employee, OTHER THAN AN EXEMPT EMPLOYEE OF THE TREASURER OF STATE, shall be paid a salary or wage in accordance with the following schedule of rates:

Schedule E-1

Pay Ranges and Step Values
RangeStep 1Step 2Step 3Step 4
1 Hourly8.378.749.119.48
Annually17410181791894919718
Step 1Step 2Step 3Step 4
2 Hourly8.789.169.559.97
Annually18262190531986420738
Step 1Step 2Step 3Step 4
3 Hourly9.209.6010.0310.49
Annually19136199682086221819
Step 1Step 2Step 3Step 4
4 Hourly9.6510.1010.5611.05
Annually20072210082196522984
Step 1Step 2Step 3Step 4
5 Hourly10.1510.5911.0511.52
Annually21112220272298423962
Step 1Step 2Step 3Step 4
6 Hourly10.6811.1311.6112.09
Annually22214231502414925147
Step 1Step 2Step 3Step 4
7 Hourly11.3411.7812.2412.67
Annually23587245022545926354
Step 5   
Hourly13.16   
Annually27373   
Step 1Step 2Step 3Step 4
8 Hourly12.0012.5113.0713.64
Annually24960260212718628371
Step 5   
Hourly14.22   
Annually29578   
Step 1Step 2Step 3Step 4
9 Hourly12.7913.4514.1214.82
Annually26603279762937030826
Step 5   
Hourly15.57   
Annually32386   
Step 1Step 2Step 3Step 4
10 Hourly13.8114.5515.3516.21
Annually28725302643192833717
Step 5   
Hourly17.09   
Annually35547   
Step 1Step 2Step 3Step 4
11 Hourly15.0315.9016.8317.77
Annually31262330723500636962
Step 5   
Hourly18.78   
Annually39062   
Step 1Step 2Step 3Step 4
12 Hourly16.5817.5018.4519.47
Annually34486364003837640498
Step 5Step 6  
Hourly20.5521.68  
Annually4274445094  
Step 1Step 2Step 3Step 4
13 Hourly18.2719.2720.3221.43
Annually38002400824226644574
Step 5Step 6  
Hourly22.6223.85  
Annually4705049608  
Step 1Step 2Step 3Step 4
14 Hourly20.1021.2122.3823.60
Annually41808441174655049088
Step 5Step 6  
Hourly24.9326.31  
Annually5185454725  
Step 1Step 2Step 3Step 4
15 Hourly22.0823.3124.6325.99
Annually45926484855123054059
Step 5Step 6  
Hourly27.4228.94  
Annually5703460195  
Step 1Step 2Step 3Step 4
16 Hourly24.3425.6927.1128.62
Annually50627534355638959530
Step 5Step 6  
Hourly30.2031.90  
Annually6281666352  
Step 1Step 2Step 3Step 4
17 Hourly26.8228.3029.8831.54
Annually55786588646215065603
Step 5Step 6  
Hourly33.2935.15  
Annually6924373112  
Step 1Step 2Step 3Step 4
18 Hourly29.5531.1932.9334.76
Annually61464648756849472301
Step 5Step 6  
Hourly36.6838.73  
Annually7629480558  

Schedule E-2
RangeMinimumMaximum
41 Hourly16.2324.42
Annually3375850794
42 Hourly17.8926.98
Annually3721156118
43 Hourly19.7029.72
Annually4097661818
44 Hourly21.7332.45
Annually4519867496
45 Hourly24.0135.44
Annually4994173715
46 Hourly26.4338.72
Annually5497480538
47 Hourly29.1442.25
Annually6061187880
48 Hourly32.1446.12
Annually6685195930
49 Hourly35.4449.80
Annually73715103584

 StepStepStepStepStepStep 
Range 123456 
1Hourly 9.159.559.9510.35   
Annually 19032198642069621528   
2Hourly 9.5910.0010.4410.90   
Annually 19947208002171522672   
3Hourly 10.0510.5010.9611.45 
Annually 20904218402279723816   
4Hourly 10.5511.0311.5512.07 
Annually 21944229422402425106 
5Hourly 11.0811.5812.0712.60 
Annually 23046240862510626208 
6Hourly 11.6712.1512.6913.20 
Annually 24274252722639527456 
7Hourly 12.3912.8613.3813.8414.38 
Annually 2577126749278302878729910 
8Hourly 13.1113.6814.2814.9015.54 
Annually 2726928454297023099232323 
9Hourly 13.9814.7015.4316.1917.02 
Annually 2907830576320943367535402 
10Hourly 15.0915.9016.7717.7218.67 
Annually 3138733072348823685838834 
11Hourly 16.4217.3818.3919.4220.52 
Annually 3415436150382514039442682 
12Hourly 18.1219.1320.1621.2722.4623.69 
Annually 376903979041933442424671749275 
13Hourly 19.9621.0622.2123.4124.7226.07 
Annually 415174380546197486935141854226 
14Hourly 21.9623.1924.4525.7927.2428.75 
Annually 456774823550856536435665959800 
15Hourly 24.1225.4726.9128.4029.9631.62 
Annually 501705297855973590726231765770 
16Hourly 26.5928.0729.6231.2733.0034.87 
Annually 553075838661610650426864072530 
17Hourly 29.3030.9232.6534.4636.3838.41 
Annually 609446431467912716777567079893 
18Hourly 32.2934.0835.9937.9840.0842.32 
Annually 671637088674859789988336688026 

SCHEDULE E-2
RangeMinimumMaximum
41Hourly17.7426.68
Annually3689955494
42Hourly19.5529.48
Annually4066461318
43Hourly21.5332.47
Annually4478267538
44Hourly23.7435.46
Annually4937973757
45Hourly26.2438.72
Annually5457980538
46Hourly28.8842.31
Annually6007088005
47Hourly31.8446.17
Annually6622796034
48Hourly35.1250.39
Annually73050104811
49Hourly38.7254.41
Annually80538113173

(D) BEGINNING ON THE FIRST DAY OF THE PAY PERIOD THAT INCLUDES JULY 1, 1998, EACH EXEMPT EMPLOYEE OF THE OFFICE OF THE TREASURER OF STATE SHALL BE PAID A SALARY OR WAGE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE OF RATES:

SCHEDULE E-1


PAY RANGES AND STEP VALUES
 StepStepStepStepStepStep 
Range 123456 
1Hourly 8.849.239.6110.00   
Annually 18387191981998920800   
2Hourly 9.279.6710.0910.53   
Annually 19282201142098721902   
3Hourly 9.7210.1410.5911.07 
Annually 20218210912202723026   
4Hourly 10.1910.6611.1511.66 
Annually 21195221732319224253 
5Hourly 10.7111.1811.6612.17 
Annually 22277232542425325314 
6Hourly 11.2811.7512.2612.76 
Annually 23462244402550126541 
7Hourly 11.9712.4312.9313.3813.89 
Annually 2489825854268942783028891 
8Hourly 12.6713.2113.8014.4015.02 
Annually 2635427477287042995231242 
9Hourly 13.5014.2014.9015.6416.44 
Annually 2808029536309923253134195 
10Hourly 14.5815.3616.2117.1218.04 
Annually 3032631949337173561037523 
11Hourly 15.8716.7917.7618.7619.82 
Annually 3301034923369413902141226 
12Hourly 17.5118.4819.4820.5521.7022.89 
Annually 364213843840518427444513647611 
13Hourly 19.2920.3521.4522.6223.8825.18 
Annually 401234232844616470504967052374 
14Hourly 21.2222.4023.6324.9226.3227.78 
Annually 441384659249150518345474657782 
15Hourly 23.3124.6126.0027.4428.9530.56 
Annually 484855118954080570756021663565 
16Hourly 25.7027.1228.6230.2231.8933.68 
Annually 534565641059530628586633170054 
17Hourly 28.3129.8831.5533.3035.1537.11 
Annually 588856215065624692647311277189 
18Hourly 31.2032.9334.7736.7038.7240.89 
Annually 648966849472322763368053885051 

SCHEDULE E-2
RangeMinimumMaximum
41Hourly17.1425.78
Annually3565153622
42Hourly18.8928.48
Annually3929159238
43Hourly20.8031.38
Annually4326465270
44Hourly22.9434.26
Annually4771571261
45Hourly25.3537.41
Annually5272877813
46Hourly27.9040.88
Annually5803285030
47Hourly30.7644.61
Annually6398192789
48Hourly33.9348.69
Annually70574101275
49Hourly37.4152.57
Annually77813109346

(E) BEGINNING ON THE FIRST DAY OF THE PAY PERIOD THAT INCLUDES JULY 1, 1999, EACH EXEMPT EMPLOYEE OF THE OFFICE OF THE TREASURER OF STATE SHALL BE PAID A SALARY OR WAGE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE OF RATES:

SCHEDULE E-1


PAY RANGES AND STEP VALUES
 StepStepStepStepStepStep 
Range 123456 
1Hourly 9.119.519.9010.30   
Annually 18949197812059221424   
2Hourly 9.559.9610.3910.85   
Annually 19864207172161122568   
3Hourly 10.0110.4410.9111.40 
Annually 20821217152269323712   
4Hourly 10.5010.9811.4812.01 
Annually 21840228382387824981 
5Hourly 11.0311.5212.0112.54 
Annually 22942239622498126083 
6Hourly 11.6212.1012.6313.14 
Annually 24170251682627027331 
7Hourly 12.3312.8013.3213.7814.31 
Annually 2564626624277062866229765 
8Hourly 13.0513.6114.2114.8315.47 
Annually 2714428309295573084632178 
9Hourly 13.9114.6315.3516.1116.93 
Annually 2893330430319283350935214 
10Hourly 15.0215.8216.7017.6318.58 
Annually 3124232906347363667038646 
11Hourly 16.3517.2918.2919.3220.41 
Annually 3400835963380434018642453 
12Hourly 18.0419.0320.0621.1722.3523.58 
Annually 375233958241725440344648849046 
13Hourly 19.8720.9622.0923.3024.6025.94 
Annually 413304359745947484645116853955 
14Hourly 21.8623.0724.3425.6727.1128.61 
Annually 454694798650627533945638959509 
15Hourly 24.0125.3526.7828.2629.8231.48 
Annually 499415272855702587816202665478 
16Hourly 26.4727.9329.4831.1332.8534.69 
Annually 550585809461318647506832872155 
17Hourly 29.1630.7832.5034.3036.2038.22 
Annually 606536402267600713447529679498 
18Hourly 32.1433.9235.8137.8039.8842.12 
Annually 668517055474485786248295087610 

SCHEDULE E-2
RangeMinimumMaximum
41Hourly17.6526.55
Annually3671255224
42Hourly19.4629.33
Annually4047761006
43Hourly21.4232.32
Annually4455467226
44Hourly23.6335.29
Annually4915073403
45Hourly26.1138.53
Annually5430980142
46Hourly28.7442.11
Annually5977987589
47Hourly31.6845.95
Annually6589495576
48Hourly34.9550.15
Annually72696104312
49Hourly38.5354.15
Annually80142112632

(F) As used in this section, "exempt employee" means a permanent full-time or permanent part-time employee paid directly by warrant of the auditor of state whose position is included in the job classification plan established under division (A) of section 124.14 of the Revised Code but who is not considered a public employee for the purposes of Chapter 4117. of the Revised Code. As used in this section, "exempt employee" also includes a permanent full-time or permanent part-time employee of the secretary of state, auditor of state, treasurer of state, or attorney general who has not been placed in an appropriate bargaining unit by the state employment relations board.

Sec. 124.18. (A) Forty hours shall be the standard work week for all employees whose salary or wage is paid in whole or in part by the state or by any state-supported college or university. When any employee whose salary or wage is paid in whole or in part by the state or by any state-supported college or university is required by an authorized administrative authority to be in an active pay status more than forty hours in any calendar week, the employee shall be compensated for such time over forty hours, except as otherwise provided in this section, at one and one-half times the employee's regular rate of pay. THE USE OF SICK LEAVE SHALL NOT BE CONSIDERED TO BE ACTIVE PAY STATUS FOR THE PURPOSES OF EARNING OVERTIME OR COMPENSATORY TIME BY EMPLOYEES WHOSE WAGES ARE PAID DIRECTLY BY WARRANT OF THE AUDITOR OF STATE. A flexible hours employee is not entitled to compensation for overtime work unless the employee's authorized administrative authority required the employee to be in active pay status for more than forty hours in a calendar week, regardless of the number of hours the employee works on any day in the same calendar week.

The authorized administrative authority shall be designated by the appointing authority to the director of administrative services. Such compensation for overtime work shall be paid no later than at the conclusion of the next succeeding pay period.

If the employee elects to take compensatory time off in lieu of overtime pay, for any overtime worked, such compensatory time shall be granted by the employee's administrative superior, on a time and one-half basis, at a time mutually convenient to the employee and the administrative superior. An employee may accrue compensatory time to a maximum of two hundred forty hours, except that public safety employees and other employees who meet the criteria established in the "Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, may accrue a maximum of four hundred eighty hours of compensatory time. An employee shall be paid at the employee's regular rate of pay for any hours of compensatory time accrued in excess of these maximum amounts if the employee has not used the compensatory time within one hundred eighty days after it is granted, if the employee transfers to another agency of the state, or if a change in the employee's status exempts the employee from the payment of overtime compensation. Upon the termination of employment, any employee with accrued but unused compensatory time shall be paid for that time at a rate that is the greater of the employee's final regular rate of pay or the employee's average regular rate of pay during the employee's last three years of employment with the state.

No overtime, as described in this section, can be paid unless it has been authorized by the authorized administrative authority. Employees may be exempted from the payment of compensation as required by this section only under the criteria for exemption from the payment of overtime compensation established in the "Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended. With the approval of the director of administrative services, the appointing authority may establish a policy to grant compensatory time or to pay compensation to state employees who are exempt from overtime compensation. With the approval of the board of county commissioners, a county human services department may establish a policy to grant compensatory time or to pay compensation to employees of the department who are exempt from overtime compensation.

(B) An employee, whose salary or wage is paid in whole or in part by the state, shall be paid for the holidays declared in section 124.19 of the Revised Code and shall not be required to work on such holidays, unless in the opinion of the employee's responsible administrative authority failure to work on such holidays would impair the public service. An employee shall not be paid for a holiday unless the employee was in active pay status on the scheduled work day immediately preceding the holiday. In the event that any of the holidays declared in section 124.19 of the Revised Code should fall on Saturday, the Friday immediately preceding shall be observed as the holiday. In the event that any of the holidays declared in section 124.19 of the Revised Code should fall on Sunday, the Monday immediately succeeding shall be observed as the holiday. If an employee's work schedule is other than Monday through Friday, the employee shall be entitled to holiday pay for holidays observed on the employee's day off regardless of the day of the week on which they are observed. A full-time permanent employee is entitled to eight hours of pay for each holiday regardless of the employee's work shift and work schedule. A flexible hours employee is entitled to holiday pay for the number of hours for which the employee normally would have been scheduled to work. Part-time permanent employees shall be paid holiday pay for that portion of any holiday for which they would normally have been scheduled to work. When an employee who is eligible for overtime pay under this section is required by the employee's responsible administrative authority to work on the day observed as a holiday, the employee shall be entitled to pay for such time worked at one and one-half times the employee's regular rate of pay in addition to the employee's regular pay, or to be granted compensatory time off at time and one-half thereafter, at the employee's option. Payment at such rate shall be excluded in the calculation of hours in active pay status.

(C) Each appointing authority may designate the number of employees in an agency who are flexible hours employees. The appointing authority may establish for each flexible hours employee a specified minimum number of hours to be worked each day that is consistent with the "Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.

(D) This section shall be uniformly administered by the director of administrative services for employees as defined in section 124.01 of the Revised Code and by the personnel departments of state-supported colleges and universities for employees of state-supported colleges and universities. IF EMPLOYEES ARE NOT PAID DIRECTLY BY WARRANT OF THE AUDITOR OF STATE, THE APPOINTING AUTHORITY SHALL DETERMINE WHETHER THE USE OF SICK LEAVE SHALL BE CONSIDERED TO BE ACTIVE PAY STATUS FOR PURPOSES OF THOSE EMPLOYEES EARNING OVERTIME OR COMPENSATORY TIME.

(E) Policies relating to the payment of overtime pay or the granting of compensatory time off shall be adopted by the executive secretary of the house of representatives for employees of the house of representatives, by the clerk of the senate for employees of the senate, and by the director of the legislative service commission for all other legislative employees.

(F) As used in this section, "regular rate of pay" means the base rate of pay an employee receives plus any pay supplements received pursuant to section 124.181 of the Revised Code.

Sec. 124.181. (A) Except as provided in division (M) of this section, any employee paid under schedule B of section 124.15 or under schedule E-1 of section 124.152 of the Revised Code is eligible for the pay supplements provided herein upon application by the appointing authority substantiating the employee's qualifications for the supplement and with the approval of the director of administrative services except as provided in division (E) of this section.

(B) In computing any of the pay supplements provided in this section the classification salary base shall be the minimum hourly rate of the pay range, provided in section 124.15 or 124.152 of the Revised Code, in which the employee is assigned at the time of computation.

(C) The effective date of any pay supplement, unless otherwise provided herein, shall be determined by the director.

(D) The director shall, by rule, establish standards regarding the administration of this section.

(E) Except as otherwise provided in this division, beginning on the first day of the pay period within which the employee completes five years of total service with the state government or any of its political subdivisions, each employee in positions paid under salary schedule B of section 124.15 or under salary schedule E-1 of section 124.152 of the Revised Code shall receive an automatic salary adjustment equivalent to two and one-half per cent of the classification salary base, to the nearest whole cent. Each employee shall receive thereafter an annual adjustment equivalent to one-half of one per cent of the employee's classification salary base, to the nearest whole cent, for each additional year of qualified employment until a maximum of ten per cent of the employee's classification salary base is reached. The granting of longevity adjustments shall not be affected by promotion, demotion, or other changes in classification held by the employee, nor by any change in pay range for the employee's class. Longevity pay adjustments shall become effective at the beginning of the pay period within which the employee completes the necessary length of service, except that when an employee requests credit for prior service, the effective date of the prior service credit and of any longevity adjustment shall be the first day of the pay period following approval of the credit by the director of administrative services. No employee, other than an employee who submits proof of prior service within ninety days after the date of the employee's hiring, shall receive any longevity adjustment for the period prior to the director's approval of a prior service credit. Time spent on authorized leave of absence shall be counted for this purpose.

An employee who has retired in accordance with the provisions of any retirement system offered by the state and who is employed by the state or any political subdivision of the state on or after June 24, 1987, shall not have prior service with the state or any political subdivision of the state counted for the purpose of determining the amount of the salary adjustment provided under this division.

(F) When an exceptional condition exists that creates a temporary or a permanent hazard for one or more positions in a class paid under schedule B of section 124.15 or under salary schedule E-1 of section 124.152 of the Revised Code, a special hazard salary adjustment may be granted for the time the employee is subjected to the hazardous condition. All special hazard conditions shall be identified for each position and incidence from information submitted to the director on an appropriate form provided by the director and categorized into standard conditions of: some unusual hazard not common to the class; considerable unusual hazard not common to the class; and exceptional hazard not common to the class.

(1) A hazardous salary adjustment of five per cent of the employee's classification salary base may be applied in the case of some unusual hazardous condition not common to the class for those hours worked, or a fraction thereof, while the employee was subject to the unusual hazard condition.

(2) A hazardous salary adjustment of seven and one-half per cent of the employee's classification salary base may be applied in the case of some considerable hazardous condition not common to the class for those hours worked, or a fraction thereof, while the employee was subject to the considerable hazard condition.

(3) A hazardous salary adjustment of ten per cent of the employee's classification salary base may be applied in the case of some exceptional hazardous condition not common to the class for those hours, or a fraction thereof, when the employee was subject to the exceptional hazard condition.

(4) Each claim for temporary hazard pay shall be submitted as a separate payment and shall be subject to an administrative audit by the director as to the extent and duration of the employee's exposure to the hazardous condition.

(G) When a full-time employee whose rate of pay for a normal biweekly pay period is less than a rate equivalent to pay range 29, step 2, salary schedule B, or pay range 9, salary schedule E-1 of section 124.152 of the Revised Code is ordered by the appointing authority to report back to work after termination of the employee's regular work schedule and the employee reports, the employee shall be paid for such time. The minimum the employee shall receive for reporting is an amount equal to four times the employee's hourly base salary. This division does not apply to work that is a continuation of or immediately preceding an employee's regular work schedule. An appointing authority may apply to the director to pay the supplement provided by this division to employees who are at a higher pay range than those established by this division.

(H) When a certain position or positions paid under schedule B of section 124.15 or under salary schedule E-1 of section 124.152 of the Revised Code require the ability to speak or write a language other than English a special pay supplement may be granted to attract bilingual individuals, to encourage present employees to become proficient in other languages or to retain qualified bilingual employees. The bilingual pay supplement provided herein may be granted in the amount of five per cent of the employee's classification salary base for each required foreign language and shall remain in effect as long as the bilingual requirement exists.

(I) The director may establish a shift differential for employees. Such differential shall be paid to employees in positions working in other than the regular or first shift. In those divisions or agencies where only one shift prevails, no shift differential shall be paid regardless of the hours of the day that are worked. The director and the appointing authority shall designate which positions shall be covered by this section.

(J) Whenever an employee is assigned to work in a higher level position for a continuous period of more than two weeks but no more than two years because of a vacancy, the employee's pay may be established at a rate that is at least five APPROXIMATELY FOUR per cent above the employee's current base rate for the period the employee occupies the position provided that this temporary occupancy is approved by the director. Employees paid under this provision shall continue to receive any of the pay supplements due them under provisions of this section based on the step one base rate for their normal classification.

(K) If a certain position, or positions, within a class paid UNDER schedule B of section 124.15 or under salary schedule E-1 of section 124.152 of the Revised Code are mandated by state or federal law or regulation or other regulatory agency or other certification authority to have special technical certification, registration, or licensing to perform the functions which are under the mandate a special professional achievement pay supplement may be granted. This special professional achievement pay supplement shall not be granted when all incumbents in all positions in a class require license as provided in the classification description published by the department of administrative services; to licensees where no special or extensive training is required; when certification is granted upon completion of a stipulated term of in-service training; when an appointing authority has required certification; or any other condition prescribed by the director.

(1) Before this supplement may be applied, evidence as to the requirement must be provided by the agency for each position involved and certification received from the director as to the director's concurrence for each of the positions so affected.

(2) The professional achievement pay supplement provided herein shall be granted in an amount up to ten per cent of the employee's classification salary base and shall remain in effect as long as the mandate exists.

(L) Those employees assigned to teaching supervisory, principal, assistant principal, or superintendent positions who have attained a higher educational level than a basic bachelor's degree may receive an educational pay supplement to remain in effect as long as the employee's assignment and classification remain the same.

(1) An educational pay supplement of two and one-half per cent of the employee's classification salary base may be applied upon the achievement of a bachelor's degree plus twenty quarter hours of postgraduate work.

(2) An educational pay supplement of an additional five per cent of the employee's classification salary base may be applied upon achievement of a master's degree.

(3) An educational pay supplement of an additional two and one-half per cent of the employee's classification salary base may be applied upon achievement of a master's degree plus thirty quarter hours of postgraduate work.

(4) An educational pay supplement of five per cent of the employee's classification salary base may be applied when the employee is performing as a master teacher.

(5) An educational pay supplement of five per cent of the employee's classification salary base may be applied when the employee is performing as a special education teacher.

(6) Those employees in teaching supervisory, principal, assistant principal, or superintendent positions who are responsible for specific extracurricular activity programs shall receive overtime pay for those hours worked in excess of their normal schedule, at their straight time hourly rate up to a maximum of five per cent of their regular base salary in any calendar year.

(M) A state agency, board, or commission may establish a supplementary compensation schedule for those licensed physicians employed by the agency, board, or commission in positions requiring a licensed physician. The supplementary compensation schedule, together with the compensation otherwise authorized by this chapter, shall provide for the total compensation for these employees to range appropriately, but not necessarily uniformly, for each classification title requiring a licensed physician, in accordance with a schedule approved by the state controlling board. The individual salary levels recommended for each such physician employed shall be approved by the director. Notwithstanding section 124.11 of the Revised Code, such personnel are in the unclassified civil service.

(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36, 117.42, and 131.02 of the Revised Code, the state shall not institute any civil action to recover and shall not seek reimbursement for overpayments made in violation of division (E) of this section or division (C) of section 9.44 of the Revised Code for the period starting after June 24, 1987, and ending on October 31, 1993.

(O) EMPLOYEES OF THE OFFICE OF THE TREASURER OF STATE WHO ARE EXEMPT FROM COLLECTIVE BARGAINING COVERAGE MAY BE GRANTED A MERIT PAY SUPPLEMENT OF UP TO ONE AND ONE-HALF PER CENT OF THEIR STEP RATE. THE RATE AT WHICH THIS SUPPLEMENT IS GRANTED SHALL BE BASED ON PERFORMANCE STANDARDS ESTABLISHED BY THE TREASURER OF STATE. ANY SUPPLEMENTS GRANTED UNDER THIS DIVISION SHALL BE ADMINISTERED ON AN ANNUAL BASIS.

Sec. 124.34. The tenure of every officer or employee in the classified service of the state and the counties, civil service townships, cities, city health districts, general health districts, and city school districts thereof, holding a position under this chapter of the Revised Code, shall be during good behavior and efficient service and no such officer or employee shall be reduced in pay or position, FINED IN EXCESS OF FIVE DAYS' PAY, suspended, or removed, except as provided in section 124.32 of the Revised Code, and for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of such sections or the rules of the director of administrative services or the commission, or any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office. A finding by the appropriate ethics commission, based upon a preponderance of the evidence, that the facts alleged in a complaint under section 102.06 of the Revised Code constitute a violation of Chapter 102., section 2921.42, or section 2921.43 of the Revised Code may constitute grounds for dismissal. Failure to file a statement or falsely filing a statement required by section 102.02 of the Revised Code may also constitute grounds for dismissal.

In any case of A FINE, reduction, suspension of more than three working days, or removal, the appointing authority shall furnish such employee with a copy of the order of reduction, suspension, or removal, which order shall state the reasons therefor. Such order shall be filed with the director of administrative services and state personnel board of review, or the commission, as may be appropriate.

Within ten days following the filing of such order, the employee may file an appeal, in writing, with the state personnel board of review or the commission. In the event such an appeal is filed, the board or commission shall forthwith notify the appointing authority and shall hear, or appoint a trial board to hear, such appeal within thirty days from and after its filing with the board or commission, and it may affirm, disaffirm, or modify the judgment of the appointing authority.

In cases of removal or reduction in pay for disciplinary reasons, either the appointing authority or the officer or employee may appeal from the decision of the state personnel board of review or the commission to the court of common pleas of the county in which the employee resides in accordance with the procedure provided by section 119.12 of the Revised Code.

In the case of the suspension for any period of time, or A FINE, demotion, or removal of a chief of police or a chief of a fire department or any member of the police or fire department of a city or civil service township, the appointing authority shall furnish such chief or member of a department with a copy of the order of suspension, demotion, or removal, which order shall state the reasons therefor. Such order shall be filed with the municipal or civil service township civil service commission. Within ten days following the filing of such order such chief or member of a department may file an appeal, in writing, with the municipal or civil service township civil service commission. In the event such an appeal is filed, the commission shall forthwith notify the appointing authority and shall hear, or appoint a trial board to hear, such appeal within thirty days from and after its filing with the commission, and it may affirm, disaffirm, or modify the judgment of the appointing authority. An appeal on questions of law and fact may be had from the decision of the municipal or civil service township civil service commission to the court of common pleas in the county in which such city or civil service township is situated. Such appeal shall be taken within thirty days from the finding of the commission.

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

Sec. 124.382. (A) As used in this section and sections 124.383, 124.386, 124.387, and 124.388 of the Revised Code:

(1) "Base pay period" means the pay period that includes the first day of December.

(2) "Pay period" means the fourteen-day period of time during which the payroll is accumulated, as determined by the director of administrative services.

(3) "Active pay status" means the conditions under which an employee is eligible to receive pay, and includes, but is not limited to, vacation leave, sick leave, personal leave, bereavement leave, and administrative leave.

(4) "No pay status" means the conditions under which an employee is ineligible to receive pay, and includes, but is not limited to, leave without pay, leave of absence, and disability leave.

(5) "Disability leave" means the leave granted pursuant to section 124.385 of the Revised Code.

(6) "Full-time permanent employee" means an employee whose regular hours of duty total eighty hours in a pay period in a state agency, and whose appointment is not for a limited period of time.

(7) "Base rate of pay" means the rate of pay established under schedule B or C of section 124.15 or under schedule E-1 or E-2 of section 124.152 of the Revised Code, plus any supplement provided under section 124.181 of the Revised Code, plus any supplements enacted into law which are added to schedule B or C of section 124.15 or to schedule E-1 or E-2 of section 124.152 of the Revised Code.

(8) "Part-time permanent employee" means an employee whose regular hours of duty total less than eighty hours in a pay period in a state agency and whose appointment is not for a limited period of time.

(B) Each full-time permanent and part-time permanent employee whose salary or wage is paid directly by warrant of the auditor of state shall be credited with sick leave of three and one-tenth hours for each completed eighty hours of service, excluding overtime hours worked.

(C) Any sick leave credit provided pursuant to division (B) of this section, remaining as of the last day of the pay period preceding the next succeeding base pay period, shall be converted pursuant to section 124.383 of the Revised Code.

(D) Employees may use sick leave, provided a credit balance is available, upon approval of the responsible administrative officer of the employing unit, for absence due to personal illness, pregnancy, injury, exposure to contagious disease which could be communicated to other employees, and to illness, injury, or death in the employee's immediate family. When sick leave is used, it shall be deducted from the employee's credit on the basis of absence from previously scheduled work in such increments of an hour AND AT SUCH A COMPENSATION RATE as the director of administrative services determines. Compensation for such credit shall be at the employee's hourly base rate of pay. The appointing authority of each employing unit may require an employee to furnish a satisfactory, signed statement to justify the use of sick leave.

If, after having utilized the credit provided by this section, an employee utilizes sick leave that was accumulated prior to November 15, 1981, compensation for such sick leave used shall be equal to the employee's hourly base rate of pay.

(E)(1) The previously accumulated sick leave balance of an employee who has been separated from the public service, for which separation payments pursuant to the provisions of section 124.384 of the Revised Code have not been made, shall be placed to the employee's credit upon the employee's reemployment in the public service, if the reemployment takes place within ten years of the date on which the employee was last terminated from public service.

(2) The previously accumulated sick leave balance of an employee who has separated from a school district shall be placed to the employee's credit upon the employee's appointment as an unclassified employee of the state department of education, if all of the following apply:

(a) The employee accumulated the sick leave balance while employed by the school district;

(b) The employee did not receive any separation payments for the sick leave balance;

(c) The employee's employment with the department takes place within ten years after the date on which the employee separated from the school district.

(F) An employee who transfers from one public agency to another shall be credited with the unused balance of the employee's accumulated sick leave up to the maximum of the sick leave accumulation permitted in the public agency to which the employee transfers.

(G)(1) Use of sick leave on six or more occasions in a twelve-month period, except for medical appointments for which leave has been requested at least one week in advance, will subject an employee to discipline, including the assessment of a fine, in accordance with a schedule to be established by the director of administrative services.

(2) For purposes of this section, "occasion" means an individual use of sick leave, regardless of the number of hours involved.

(3) The discipline may be waived if an employee can show that division (G)(1) of this section was applied in error, or if the employee provides satisfactory evidence of a bona fide, unpredictable, and recurring medical condition requiring the use of sick leave on more than six occasions in a twelve-month period.

(4) No fine assessed under this section constitutes a reduction in pay under section 124.34 of the Revised Code. Notwithstanding section 1321.32 of the Revised Code, the state may deduct from the wages or salaries of employees such amounts as are assessed as fines under this section.

(5) The director shall adopt rules on sick leave abuse in accordance with Chapter 119. of the Revised Code to provide for the administration and uniform application of this section.

(H) The director of administrative services shall establish procedures to uniformly administer this section. No sick leave may be granted to a state employee upon or after the employee's retirement or termination of employment.

Sec. 124.383. (A) The director of administrative services shall allow a full-time or part-time employee who is credited with sick leave pursuant to division (B) of section 124.382 of the Revised Code to elect one of the following options with respect to sick leave credit remaining at the end of the year:

(1) Carry forward the balance.

(2) Receive a cash benefit AS ESTABLISHED BY THE DIRECTOR OF ADMINISTRATIVE SERVICES. The cash benefit shall equal one hour of the employee's base rate of pay for every two hours of unused credit that is converted. Such cash balance shall not be subject to contributions to any of the retirement systems, either by the employee or the employer.

(3) Carry forward a portion of the balance and receive a cash benefit for the remainder. The cash benefit shall be calculated in the manner specified in division (A)(2) of this section.

(B) The director of administrative services shall establish procedures to allow employees to indicate the option that will be selected. Included within the procedures shall be the final date by which notification is to be made to the director concerning the option selected. Failure to comply with the date will result in the automatic carry forward of unused balances.

(C) Cash benefits shall be paid in the first pay the employee receives in December.

(D) Balances carried forward are excluded from further cash benefits provided under this section.

(E) An employee who separates during the year shall not be eligible for cash benefits provided under this section.

Sec. 124.385. (A) An employee is eligible for disability leave benefits under this section if the employee has completed one year of continuous state service immediately prior to the date OF the employee requests such benefits DISABILITY and if either of the following applies:

(1) The employee is a full-time permanent employee and is eligible for sick leave credit pursuant to division (B) of section 124.382 of the Revised Code, or is a full-time permanent employee and is listed in division (B)(2) of section 124.14 of the Revised Code.

(2) The employee is a full-time permanent employee, is on disability leave or leave of absence for medical reasons and would be eligible for sick leave credit pursuant to division (B) of section 124.382 of the Revised Code except that the employee is in no pay status.

(B) The director of administrative services, by rule adopted in accordance with Chapter 119. of the Revised Code, shall establish a disability leave program. The rule shall include, but shall not be limited to:

(1) Procedures to be followed for determining disability;

(2) Provisions for the allowance of disability leave due to illness or injury;

(3) Provisions for the continuation of service credit for employees granted disability leave, including service credit towards retirement, as provided by the applicable statute;

(4) The establishment of a minimum level of benefit and of a waiting period before benefits begin;

(5) Provisions setting a maximum length of benefit and requiring that employees eligible to apply for disability retirement shall do so prior to completing the first six months of their period of disability. The director's rules shall indicate those employees required to apply for disability retirement. If an employee is approved to receive disability retirement, the employee shall receive the retirement benefit and a supplement payment that equals a percentage of the employee's base rate of pay and that, when added to the retirement benefit, equals no more than the percentage of pay received by employees after the first six months of disability. Such supplemental payment shall not be considered earnable salary, compensation, or salary, and is not subject to contributions, under Chapter 145., 742., 3307., 3309., or 5505. of the Revised Code.

(6) Provisions that allow employees to utilize available sick leave, personal leave, or vacation leave balances to supplement the benefits payable under this section. Such balances used to supplement the benefits, plus any amount contributed by the state as provided in division (D) of this section, shall be paid at the employee's base rate of pay in an amount sufficient to give employees up to one hundred per cent of pay for time on disability.

(7) Procedures for appealing denial of payment of a claim, including:

(a) A maximum of thirty days to file an appeal by the employee;

(b) A maximum of fifteen days for the parties to select a third-party opinion pursuant to division (F) of this section, unless an extension is agreed to by the parties;

(c) A maximum of thirty days for the third party to render an opinion.

(8) Provisions for approving leave of absence for medical reasons where an employee is in no pay status because the employee has used all the employee's sick leave, personal leave, vacation leave, and compensatory time;

(9) Provisions for precluding the payment of benefits if the injury for which the benefits are sought is covered by a workers' compensation plan;

(10) Provisions for precluding the payment of benefits in order to ensure that benefits are provided in a consistent manner.

(C) Except as provided in division (B)(6) of this section, time off for an employee granted disability leave is not chargeable to any other leave granted by other sections of the Revised Code.

(D) While an employee is on an approved disability leave, the employer and employee's share of health, life, and other insurance benefits shall be paid by the state, and the retirement contribution shall be paid as follows:

(1) The employer's share shall be paid by the state;

(2) For the first three months, the employee's share shall be paid by the employee;

(3) After the first three months, the employee's share shall be paid by the state.

(E) The approval for disability leave shall be made by the director, upon recommendation by the appointing authority.

(F) If a request for disability leave is denied based on a medical determination, the director shall obtain a medical opinion from a third party. The decision of the third party is binding.

(G) The rule adopted by the director under division (B) of this section shall not deny disability leave benefits for an illness or injury to an employee who is a veteran of the United States armed forces because the employee contracted the illness or received the injury in the course of or as a result of military service and the illness or injury is or may be covered by a compensation plan administered by the United States department of veterans affairs.

Sec. 124.391. (A) As used in this section, "paid leave" means sick leave, personal leave, OR vacation leave, or compensatory time.

(B) The director of administrative services may establish a program under which an employee paid directly by warrant of the auditor of state may donate that employee's accrued but unused paid leave to another employee paid directly by warrant of the auditor of state who has no accrued but unused paid leave and who has a critical need for it because of circumstances such as a serious illness or the serious illness of a member of the employee's immediate family.

If the director establishes a leave donation program under this division, the director shall adopt rules in accordance with Chapter 119. of the Revised Code to provide for the administration of the program. These rules shall include, but not be limited to, provisions that identify the circumstances under which leave may be donated and that specify the amount, types, and value of leave that may be donated.

(C) At the discretion of the appropriate legislative authority, a county may implement a leave donation program, as provided in this section, for all county agencies or for one or more designated agencies within the county.

Sec. 125.04. (A) Except as provided in division (C) of this section, the department of administrative services shall determine what supplies and services are purchased by or for state agencies. Whenever the department of administrative services makes any change or addition to the lists of supplies and services that it determines to purchase for state agencies, it shall provide a list to the agencies of the changes or additions and indicate when the department will be prepared to furnish each item listed. Except for the requirements of division (B) of section 125.11 of the Revised Code, sections 125.04 to 125.08 and 125.09 to 125.15 of the Revised Code do not apply to or affect the educational institutions of the state. The department shall not include the bureau of workers' compensation in the lists of supplies, equipment, and services purchased and furnished by the department.

Nothing in this division precludes the bureau from entering into a contract with the department for the department to perform services relative to supplies, equipment, and services contained in this division for the bureau.

(B) As used in this division, "political subdivision" means any county, township, municipal corporation, school district, conservancy district, township park district, park district created under Chapter 1545. of the Revised Code, regional transit authority, regional airport authority, regional water and sewer district, or port authority. "Political subdivision" also includes any other political subdivision described in the Revised Code that has been approved by the department to participate in the department's contracts under this division.

The department of administrative services may permit a political subdivision to participate in contracts into which the department has entered for the purchase of supplies and services. Any political subdivision desiring to participate in such purchase contracts shall file with the department a certified copy of an ordinance or resolution of the legislative authority or governing board of the political subdivision. The resolution or ordinance shall request that the political subdivision be authorized to participate in such contracts and shall agree that the political subdivision will be bound by such terms and conditions as the department prescribes and that it will directly pay the vendor under each purchase contract. The department may charge a political subdivision a reasonable fee to cover the administrative costs the department incurs as a result of the subdivision's participation in the purchase contract. Purchases made by a political subdivision under this division are exempt from any competitive selection procedures otherwise required by law. No political subdivision shall make any purchase under this division when bids have been received for such purchase by the subdivision, unless such purchase can be made upon the same terms, conditions, and specifications at a lower price under this division.

The department shall include in its annual report an estimate of the cost it incurs by permitting political subdivisions to participate in contracts pursuant to this division. The department may require political subdivisions participating in contracts pursuant to this division to file a report with the department, as often as it finds necessary, stating how many such contracts the political subdivisions participate in within a specified period of time, and any other information the department requires.

(C) This section does not apply to supplies or services required by the legislative or judicial branches, boards of elections, the capitol square review and advisory board, the adjutant general, to supplies or services purchased by a state agency directly as provided in division (A) OR (E) of section 125.05 of the Revised Code, to purchases of supplies or services for the emergency management agency as provided in section 125.023 of the Revised Code, or to purchases of supplies or services for the department of rehabilitation and correction in its operation of the program for the employment of prisoners established under section 5145.16 of the Revised Code that shall be made pursuant to rules adopted by the director of administrative services and the director of rehabilitation and correction in accordance with Chapter 119. of the Revised Code. The rules may provide for the exemption of the program for the employment of prisoners from the requirements of division (A) of this section.

Sec. 125.05. No EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, NO state agency shall purchase any supplies or services except as provided in divisions (A) to (C) of this section.

(A) Subject to division (D) of this section, a state agency may, without competitive selection, make any purchase of services that cost fifty thousand dollars or less or any purchase of supplies that cost twenty-five thousand dollars or less. The agency may make the purchase directly or may make the purchase from or through the department of administrative services, whichever the agency determines. The department shall establish written procedures to assist state agencies when they make direct purchases. If the agency makes the purchase directly, it shall make the purchase by a term contract whenever possible.

(B) Subject to division (D) of this section, a state agency wanting to purchase services that cost more than fifty thousand dollars or supplies that cost more than twenty-five thousand dollars shall, unless otherwise authorized by law, make the purchase from or through the department. The department shall make the purchase by competitive selection under section 125.07 of the Revised Code. If the director of administrative services determines that it is not possible or not advantageous to the state for the department to make the purchase, the department shall grant the agency a release and permit under section 125.06 of the Revised Code to make the purchase. Section 127.16 of the Revised Code does not apply to purchases the department makes under this section.

(C) An agency that has been granted a release and permit to make a purchase may make the purchase without competitive selection if after making the purchase the cumulative purchase threshold as computed under division (F) of section 127.16 of the Revised Code would:

(1) Be exceeded and the controlling board approves the purchase;

(2) Not be exceeded and the department of administrative services approves the purchase.

(D) Not later than January 31, 1997, the amounts specified in divisions (A) and (B) of this section and, not later than the thirty-first day of January of each second year thereafter, any amounts computed by adjustments made under this division, shall be increased or decreased by the average percentage increase or decrease in the consumer price index prepared by the United States bureau of labor statistics (U.S. City Average for Urban Wage Earners and Clerical Workers: "All Items 1982-1984=100") for the twenty-four calendar month period prior to the immediately preceding first day of January over the immediately preceding twenty-four calendar month period, as reported by the bureau. The director of administrative services shall make this determination and adjust the appropriate amounts accordingly.

(E) IF THE OFFICE OF INFORMATION, LEARNING, AND TECHNOLOGY SERVICES; THE DEPARTMENT OF EDUCATION; OR THE OHIO EDUCATION COMPUTER NETWORK DETERMINES THAT IT CAN PURCHASE SOFTWARE SERVICES OR SUPPLIES FOR SPECIFIED SCHOOL DISTRICTS AT A PRICE LESS THAN THE PRICE FOR WHICH THE DISTRICTS COULD PURCHASE THE SAME SOFTWARE SERVICES OR SUPPLIES FOR THEMSELVES, THE OFFICE, DEPARTMENT, OR NETWORK SHALL CERTIFY THAT FACT TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES AND, ACTING AS AN AGENT FOR THE SPECIFIED SCHOOL DISTRICTS, SHALL MAKE THAT PURCHASE WITHOUT FOLLOWING THE PROVISIONS IN DIVISIONS (A) THROUGH (D) OF THIS SECTION.

Sec. 125.13. (A) Whenever EXCEPT AS OTHERWISE PROVIDED IN SECTION 5193.03 of the Revised Code, WHENEVER a state agency determines that it has excess or surplus supplies, it shall notify the director of administrative services. Upon request by the director and on forms provided by him THE DIRECTOR, the state agency shall furnish to the director a list of all such excess and surplus supplies and an appraisal of their value.

(B) The director of administrative services shall take immediate possession of a state agency's excess and surplus supplies, except for those that have a value below the minimum value the director establishes for excess and surplus supplies under division (D) of this section. The director shall inventory excess and surplus supplies in his THE DIRECTOR'S possession and may have the supplies repaired.

(C) The director may dispose of declared surplus or excess supplies in his THE DIRECTOR'S possession by sale, lease, or transfer. If he THE DIRECTOR does so, he THE DIRECTOR shall dispose of such supplies in the following order of priority:

(1) To state agencies;

(2) To state-supported or state-assisted institutions of higher education;

(3) To tax-supported agencies, municipal corporations, or other political subdivisions of this state;

(4) To the general public by auction, sealed bid, or negotiation.

(D) The director may adopt rules governing the sale, lease, or transfer of surplus and excess supplies in his THE DIRECTOR'S possession by public auction, sealed bid, or negotiation, except that no employee of the disposing agency shall be allowed to purchase, lease, or receive any such supplies. The director may dispose of declared surplus or excess supplies in his THE DIRECTOR'S possession as he THE DIRECTOR determines proper if such supplies cannot be sold, leased, or transferred. The director shall by rule establish a minimum value for excess and surplus supplies and prescribe procedures for a state agency to follow in disposing of excess and surplus supplies in its possession that have a value below the minimum value established by the director.

(E) No state-supported or state-assisted institution of higher education, tax-supported agency, municipal corporation, or other political subdivision of this state shall sell, lease, or transfer excess or surplus supplies acquired under this section to private entities or the general public at a price greater than the price it originally paid for such supplies.

Sec. 125.15. All state agencies required to secure any equipment, materials, supplies, services, or contracts of insurance from the department of administrative services shall make acquisition in the manner and upon forms prescribed by the director of administrative services and shall reimburse the department for the equipment, materials, supplies, services, or contracts of insurance, including a reasonable sum to cover the department's administrative costs, wherever reimbursement is required by the department. The money so paid shall be deposited in the state treasury to the credit of the office GENERAL services fund, computer services fund, or telecommunication fund, as appropriate. Such funds are hereby created.

Sec. 125.22. (A) The department of administrative services shall establish the central service agency to perform routine support for the following boards and commissions:

(1) State board of examiners of architects;

(2) Barber board;

(3) Chiropractic examining board;

(4) State board of cosmetology;

(5) Accountancy board;

(6) State dental board;

(7) State medical board;

(8) Board of nursing;

(9)(8) State board of optometry;

(10) State board of pharmacy;

(11)(9) Ohio occupational therapy, physical therapy, and athletic trainers board;

(12)(10) State board of registration for professional engineers and surveyors;

(13)(11) State board of sanitarian registration;

(14)(12) Board of embalmers and funeral directors;

(15)(13) State board of psychology;

(16)(14) Ohio optical dispensers board;

(17)(15) Board of speech pathology and audiology;

(18)(16) Counselor and social worker board;

(19)(17) State veterinary medical licensing board;

(20)(18) Ohio board of dietetics;

(21)(19) Commission on Hispanic-Latino affairs;

(22)(20) Ohio respiratory care board.

(B)(1) Notwithstanding any other section of the Revised Code, the agency shall perform the following routine support services for the boards and commissions named in division (A) of this section unless the controlling board exempts a board or commission from this requirement on the recommendation of the director of administrative services:

(a) Preparing and processing payroll and other personnel documents;

(b) Preparing and processing vouchers, purchase orders, encumbrances, and other accounting documents;

(c) Maintaining ledgers of accounts and balances;

(d) Preparing and monitoring budgets and allotment plans in consultation with the boards and commissions;

(e) Maintaining information required by section 3729.40 of the Revised Code;

(f) Other routine support services that the director of administrative services considers appropriate to achieve efficiency.

(2) The agency may perform other services which a board or commission named in division (A) of this section delegates to the agency and the agency accepts.

(3) The agency may perform any service for any professional or occupational licensing board not named in division (A) of this section or any commission if the board or commission requests such service and the agency accepts.

(C) The director of administrative services shall be the appointing authority for the agency.

(D) The agency shall determine the fees to be charged to the boards and commissions, which shall be in proportion to the services performed for each board or commission.

(E) Each board or commission named in division (A) of this section and any other board or commission requesting services from the agency shall pay these fees to the agency from the general revenue fund maintenance account of the board or commission or from such other fund as the operating expenses of the board or commission are paid. Any amounts set aside for a fiscal year by a board or commission to allow for the payment of fees shall be used only for the services performed by the agency in that fiscal year. All receipts collected by the agency shall be deposited in the state treasury to the credit of the central service agency fund, which is hereby created. All expenses incurred by the agency in performing services for the boards or commissions shall be paid from the fund.

(F) Nothing in this section shall be construed as a grant of authority for the central service agency to initiate or deny personnel or fiscal actions for the boards and commissions.

Sec. 125.28. Each state agency that is supported in whole or in part by nongeneral revenue fund money and that occupies space in the James A. Rhodes or Frank J. Lausche state office tower, Toledo government center, Senator Oliver R. Ocasek government office building, Vern Riffe center for government and the arts, state of Ohio data COMPUTER center, capitol square, or governor's mansion shall reimburse the general revenue fund for the cost of occupying such space in the ratio that the occupied space in each facility attributable to such money bears to the total space occupied by the state agency in the facility.

All agencies that occupy space in facilities owned or maintained by the department of administrative services, except the state of Ohio data center and governor's mansion, THE OLD BLIND SCHOOL, THE OHIO DEPARTMENTS BUILDING, OR THE GENERAL SERVICES FACILITY shall reimburse the department for the cost of occupying such space. All THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL DETERMINE THE AMOUNT OF DEBT SERVICE, IF ANY, TO BE CHARGED TO BUILDING TENANTS AND SHALL COLLECT REIMBURSEMENTS THEREFOR.

EACH AGENCY THAT IS SUPPORTED IN WHOLE OR IN PART BY NONGENERAL REVENUE FUND MONEY AND THAT OCCUPIES SPACE IN ANY OTHER FACILITY OR FACILITIES OWNED AND MAINTAINED BY THE DEPARTMENT OF ADMINISTRATIVE SERVICES SHALL REIMBURSE THE DEPARTMENT FOR THE COST OF OCCUPYING SUCH SPACE, INCLUDING DEBT SERVICE, IF ANY, IN THE RATIO THAT THE OCCUPIED SPACE IN EACH FACILITY ATTRIBUTABLE TO SUCH MONEY BEARS TO THE TOTAL SPACE OCCUPIED BY THE STATE AGENCY IN THE FACILITY.

THE DIRECTOR OF ADMINISTRATIVE SERVICES MAY PROVIDE BUILDING MAINTENANCE SERVICES TO ANY STATE AGENCY OCCUPYING SPACE IN A FACILITY NOT OWNED BY THE DEPARTMENT OF ADMINISTRATIVE SERVICES AND COLLECT REIMBURSEMENTS FOR THE COST OF PROVIDING SUCH SERVICES.

ALL money collected by the department for OPERATING EXPENSES OF facilities owned or maintained by the department shall be deposited into the state treasury to the credit of the building maintenance FACILITIES MANAGEMENT fund, which is hereby created. All other reimbursements shall be deposited into the general revenue fund. ALL MONEY COLLECTED FOR DEBT SERVICE SHALL BE DEPOSITED INTO THE GENERAL REVENUE FUND.

The director of administrative services shall determine the REIMBURSABLE cost of space in state-owned or state-leased facilities on the basis of costs for comparable space in privately owned facilities, and shall collect reimbursements therefor.

Sec. 125.42. (A) No officer, board, or commission, except the clerk of the senate and the executive secretary of the house of representatives as to first and second class printing, shall print or cause to be printed at the public expense, any report, bulletin, document, or pamphlet, unless such report, bulletin, document, or pamphlet is first submitted to, and the printing thereof approved by, the department of administrative services. If such department approves the printing, it shall determine the form of such printing and the number of copies.

If such approval is given, the department shall cause the same to be printed and bound as provided by sections 125.47 to 125.56 of the Revised Code, except as otherwise provided by section 125.45 of the Revised Code; and when printed, such publications or forms shall be delivered to the ordering officer, board, commission, or department, or sold at a price not to exceed the total cost.

(B) THE DEPARTMENT OF ADMINISTRATIVE SERVICES ANNUALLY SHALL SET A MAXIMUM COST PER PAGE AND A MAXIMUM TOTAL COST FOR THE PRINTING BY ANY BOARD, COMMISSION, COUNCIL, OR OTHER PUBLIC BODY OF THE STATE OF ANY ANNUAL REPORT OR ANY OTHER REPORT THAT IT IS REQUIRED BY LAW TO PRODUCE. NO BOARD, COMMISSION, COUNCIL, OR OTHER PUBLIC BODY OF THE STATE SHALL EXPEND OR INCUR THE EXPENDITURE OF ANY AMOUNT IN EXCESS OF THESE MAXIMUM AMOUNTS WITHOUT THE PRIOR APPROVAL OF THE DEPARTMENT. THIS DIVISION DOES NOT APPLY TO THE GENERAL ASSEMBLY OR ANY COURT.

Sec. 125.83. The department of administrative services shall maintain in the city of Columbus a reasonable supply of motor vehicles designed to carry passengers which shall be made available for the use of any state agency needing transportation facilities of an intermittent or temporary nature. The director of administrative services shall fix the rates of charge for the use of such motor vehicles at a level sufficient to operate, maintain, and replace the fleet of vehicles. Such charges shall be collected by the director and deposited in the state treasury to the credit of the transportation services FLEET MANAGEMENT fund, which is hereby created. The vehicles shall be used only with the permission of the appointing authority and the director. A record of such use shall be kept by the director. The director shall calculate at least once each year a cost per mile of operation for each motor vehicle in the fleet.

Sec. 125.831. The director of administrative services shall establish and operate a fleet management program. The director shall operate the fleet management program for purposes including, but not limited to, cost-effective acquisition, maintenance, management, and disposal of all vehicles owned or leased by the state. This section does not apply to any state-supported institution of higher education, the general assembly or any legislative agency, or any court or judicial agency.

Each administrative department head listed in section 121.03 of the Revised Code, the adjutant general, the chancellor of the Ohio board of regents, the chairman CHAIRPERSON of the industrial commission, the administrator of workers' compensation, the director of the state lottery commission, the superintendent of public instruction, and the chairman CHAIRPERSON of the public utilities commission of Ohio is entitled to receive a vehicle allowance to secure or lease transportation for that person's use in the scope of that person's employment or official duties.

The director of administrative services may establish a fleet reporting system and may require state departments, agencies, institutions, commissions, and boards to submit information relative to state vehicles to be used in operating the fleet management program. All requests for the purchase or lease of vehicles are subject to approval by the director prior to acquisition.

The director may promulgate rules and procedures for implementing the state fleet management program. The fleet management program shall be supported by reasonable fees charged for the services provided. Such fees shall be collected by the director and deposited in the state treasury to the credit of the transportation services FLEET MANAGEMENT fund created by section 125.83 of the Revised Code.

Sec. 125.87. Transferees, recipients, and entities referred to in sections 125.84 to 125.90 of the Revised Code shall be required to pay to the department of administrative services such service charges or fees as the department may require in connection with federal property acquired, warehoused, distributed, transferred, conveyed, or reconveyed by such THE department and may be required to pay service charges or fees, if any, on property recaptured, reverted, or disposed of by such THE department when such action pertains to that property on which title is restricted by: the United States; the rules or orders of the department; the rules issued in conformance with section 5502.25 of the Revised Code; or by sections 125.84 to 125.90 of the Revised Code. ALL SERVICE CHARGES OR FEES COLLECTED BY THE DEPARTMENT UNDER THIS SECTION SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE INVESTMENT RECOVERY FUND CREATED UNDER SECTION 125.14 of the Revised Code.

Sec. 126.07. No contract, agreement, or obligation involving the expenditure of money chargeable to an appropriation, nor any resolution or order for the expenditure of money chargeable to an appropriation, shall be valid and enforceable unless the director of budget and management first certifies that there is a balance in the appropriation not already obligated to pay existing obligations, IN AN AMOUNT EQUAL TO THE PORTION OF THE CONTRACT, AGREEMENT, OBLIGATION, RESOLUTION, OR ORDER TO BE PERFORMED IN THE CURRENT FISCAL YEAR. Any written contract or agreement entered into by the state shall contain a clause stating that the obligations of the state are subject to this section.

In order to make a payment from the state treasury, a state agency shall first submit to the director all invoices, claims, vouchers, and other evidentiary matter related to the payment. If the director approves payment to be made, he THE DIRECTOR shall submit the approval to the auditor of state for the drawing of a warrant as provided in section 117.45 of the Revised Code. The director shall not approve payment to be made if he THE DIRECTOR finds that there is not an unobligated balance in the appropriation for the payment, that the payment is not for a valid claim against the state that is legally due, or that insufficient evidentiary matter has been submitted. If the director does not approve payment, he THE DIRECTOR shall notify the agency of the reasons he THE DIRECTOR has not given approval.

In approving payments to be made under this section, the director, upon receipt of certification from the administrator of the bureau of employment services pursuant to section 4141.231 of the Revised Code, shall withhold from amounts otherwise payable to a person who is the subject of the administrator's certification, the amount certified to be due and unpaid to the bureau of employment services, and shall approve for payment to the bureau of employment services, the amount withheld.

Sec. 126.12. (A) "The state clearinghouse for applications for federal funds" is hereby created within the office of budget and management. Every state agency that applies for direct or indirect federal funds shall submit a copy of its application, and a copy of each modification or amendment to such application, to the state clearinghouse at the same time the agency submits such items to the federal funding agency or grantor state agency. The clearinghouse shall do all of the following:

(1) Review state agencies' applications for federal grants;

(2) Compile and analyze data received from state and local governments and private organizations applying for federal grants;

(3) Maintain an information system on federal grants;

(4) Serve as the governor's designation as Ohio's single point of contact with federal agencies in order to implement executive order number 12372 of the president of the United States, any amendments thereto, and any subsequent related orders;

(5) Prepare THE OFFICE OF BUDGET AND MANAGEMENT SHALL PREPARE and administer a statewide indirect cost allocation plan that provides for the recovery of statewide indirect costs from any fund of the state. THE

(B) The director of budget and management may make transfers of statewide indirect costs from the appropriate fund of the state to the general revenue fund on an intrastate transfer voucher. The director may also, for reasons of sound financial management, ALSO MAY waive the recovery of statewide indirect costs. Prior to making a transfer in accordance with this division, the director shall notify the affected agency of the amounts to be transferred.

(C)(B) As used in this section, "statewide indirect costs" means operating costs incurred by an agency in providing services to any other agency, for which there was no billing to such other agency for the services provided, and for which disbursements have been made from the general revenue fund.

Sec. 126.14. THE RELEASE OF ANY MONEY APPROPRIATED FOR THE PURCHASE OF REAL ESTATE SHALL BE APPROVED BY THE CONTROLLING BOARD. THE RELEASE OF MONEY APPROPRIATED FOR ALL OTHER CAPITAL PROJECTS IS ALSO SUBJECT TO THE APPROVAL OF THE CONTROLLING BOARD, EXCEPT THAT THE DIRECTOR OF BUDGET AND MANAGEMENT MAY APPROVE THE RELEASE OF MONEY APPROPRIATED FOR SPECIFIC PROJECTS IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION.

WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF ANY ACT APPROPRIATING MONEY FOR CAPITAL PROJECTS, THE DIRECTOR SHALL DETERMINE WHICH APPROPRIATIONS ARE FOR GENERAL PROJECTS AND WHICH ARE FOR SPECIFIC PROJECTS. SPECIFIC PROJECTS MAY INCLUDE SPECIFIC HIGHER EDUCATION PROJECTS THAT ARE TO BE FUNDED FROM GENERAL PURPOSE APPROPRIATIONS FROM THE HIGHER EDUCATION IMPROVEMENTS FUND CREATED IN SECTION 154.21 of the Revised Code. UPON DETERMINING WHICH PROJECTS ARE GENERAL AND WHICH ARE SPECIFIC, THE DIRECTOR SHALL SUBMIT TO THE CONTROLLING BOARD A LIST THAT INCLUDES A BRIEF DESCRIPTION OF AND THE ESTIMATED EXPENDITURES FOR EACH SPECIFIC PROJECT. THE RELEASE OF MONEY FOR ANY SPECIFIC HIGHER EDUCATION PROJECTS THAT ARE TO BE FUNDED FROM GENERAL PURPOSE APPROPRIATIONS FROM THE HIGHER EDUCATION IMPROVEMENTS FUND BUT THAT ARE NOT INCLUDED ON THE LIST, AND THE RELEASE OF MONEY FOR ANY SPECIFIC HIGHER EDUCATION PROJECTS INCLUDED ON THE LIST THAT WILL EXCEED THE ESTIMATED EXPENDITURES BY MORE THAN TEN PER CENT, ARE SUBJECT TO THE APPROVAL OF THE CONTROLLING BOARD.

Sec. 126.21. The director of budget and management shall DO ALL OF THE FOLLOWING:

(A) Keep all necessary accounting records;

(B) Prescribe and maintain the accounting system of the state and establish appropriate accounting procedures and charts of accounts;

(C) ESTABLISH PROCEDURES FOR THE USE OF WRITTEN, ELECTRONIC, OPTICAL, OR OTHER COMMUNICATIONS MEDIA FOR APPROVING PAYMENT VOUCHERS;

(D) Reconcile, in the case of any variation between the amount of any appropriation and the aggregate amount of items thereof, with the advice and assistance of the state agency affected thereby and the legislative budget office of the legislative service commission, totals so as to correspond in the aggregate with the total appropriation. In the case of a conflict between the item and the total of which it is a part, the item shall be considered the intended appropriation.

(D)(E) Evaluate on an ongoing basis and, if necessary, recommend improvements to the internal controls used in state agencies;

(E)(F) Authorize the establishment of petty cash accounts. The director of budget and management may withdraw approval for any petty cash account and require the officer in charge to return to the state treasury any unexpended balance shown by the officer's accounts to be on hand. Any officer who is issued a warrant for petty cash shall render a detailed account of the expenditures of such petty cash and shall report when requested the balance of petty cash on hand at any time.

(F)(G) Process orders, invoices, vouchers, claims, and payrolls and prepare financial reports and statements;

(G)(H) Perform such extensions, reviews, and compliance checks prior to approving a payment as the director considers necessary;

(H)(I) Issue the official comprehensive annual financial report of the state. The report shall cover all funds and account groups of the state reporting entity and shall include general purpose financial statements prepared in accordance with generally accepted accounting principles and such other information as the director provides. All state agencies, authorities, institutions, offices, retirement systems, and other component units of the state reporting entity as determined by the director shall furnish the director whatever financial statements and other information the director requests for the report, in such form, at such times, covering such periods, and with such attestation as the director prescribes. The information for state institutions of higher education, as such term is defined in section 3345.011 of the Revised Code, shall be submitted to the director by the Ohio board of regents. The board shall establish a due date by which each such institution shall submit the information to the board, but no such date shall be later than one hundred twenty days after the end of the state fiscal year unless a later date is approved by the director.

Sec. 126.26. The director of budget and management, when serving as chairman CHAIRPERSON of the gubernatorial transition committee appointed under section 107.29 of the Revised Code, shall:

(A) Make available to the governor-elect all the information the office of budget and management has concerning the income and revenues of the state and the state budget, and assign one or more employees of the office to assist the governor-elect in his THE GOVERNOR-ELECT'S study of the information;

(B) In consultation with the director of administrative services, assign and make available office space sufficient to accommodate the governor-elect and his THE GOVERNOR-ELECT'S immediate staff pending his THE GOVERNOR-ELECT'S inauguration as governor;

(C) As necessary, direct any state agency to furnish such information as may be necessary to the governor, the governor-elect, or the gubernatorial transition committee;

(D) Preside as chairman CHAIRPERSON at all meetings of the gubernatorial transition committee;

(E) PAY THE REASONABLE AND NECESSARY EXPENSES INCURRED BY OR ON BEHALF OF THE GOVERNOR-ELECT FROM MONEYS APPROPRIATED FOR THAT PURPOSE UNDER SECTION 107.30 of the Revised Code.

Sec. 127.16. (A) Upon the request of either a state agency or the director of budget and management and after the controlling board determines that an emergency or a sufficient economic reason exists, the controlling board may approve the making of a purchase without competitive selection as provided in division (B) of this section.

(B) Except as otherwise provided in this section, no state agency, using money that has been appropriated to it directly, shall:

(1) Make any purchase from a particular supplier, that would amount to fifty thousand dollars or more when combined with both the amount of all disbursements to the supplier during the fiscal year for purchases made by the agency and the amount of all outstanding encumbrances for purchases made by the agency from the supplier, unless the purchase is made by competitive selection or with the approval of the controlling board;

(2) Lease real estate from a particular supplier, if the lease would amount to seventy-five thousand dollars or more when combined with both the amount of all disbursements to the supplier during the fiscal year for real estate leases made by the agency and the amount of all outstanding encumbrances for real estate leases made by the agency from the supplier, unless the lease is made by competitive selection or with the approval of the controlling board.

(C) Any person who authorizes a purchase in violation of division (B) of this section shall be liable to the state for any state funds spent on the purchase, and the attorney general shall collect the amount from the person.

(D) Nothing in division (B) of this section shall be construed as:

(1) A limitation upon the authority of the director of transportation as granted in sections 5501.17, 5517.02, and 5525.14 of the Revised Code;

(2) Applying to medicaid provider agreements under Chapter 5111. of the Revised Code, payments for services provided prior to July 17, 1995, under general assistance medical assistance established under former Chapter 5113. of the Revised Code, or payments or provider agreements under disability assistance medical assistance established under Chapter 5115. of the Revised Code;

(3) Applying to the purchase of examinations from a sole supplier by a state licensing board under Title XLVII of the Revised Code;

(4) Applying to entertainment contracts for the Ohio state fair entered into by the Ohio expositions commission, provided that the controlling board has given its approval to the commission to enter into such contracts and has approved a total budget amount for such contracts as agreed upon by commission action, and that the commission causes to be kept itemized records of the amounts of money spent under each contract and annually files those records with the legislative clerk of the house of representatives and the clerk of the senate following the close of the fair;

(5) Limiting the authority of the chief of the division of mines and reclamation to contract for reclamation work with an operator mining adjacent land as provided in section 1513.27 of the Revised Code;

(6) Applying to investment transactions and procedures of any state agency, except that the agency shall file with the board the name of any person with whom the agency contracts to make, broker, service, or otherwise manage its investments, as well as the commission, rate, or schedule of charges of such person with respect to any investment transactions to be undertaken on behalf of the agency. The filing shall be in a form and at such times as the board considers appropriate.

(7) Applying to purchases made with money for the per cent for arts program established by section 3379.10 of the Revised Code;

(8) Applying to purchases made by the rehabilitation services commission of services, or supplies, that are provided to persons with disabilities, or to purchases made by the commission in connection with the eligibility determinations it makes for applicants of programs administered by the social security administration;

(9) Applying to payments by the department of human services under section 5111.13 of the Revised Code for group health plan premiums, deductibles, coinsurance, and other cost-sharing expenses;

(10) Applying to any agency of the legislative branch of the state government;

(11) Applying to agreements entered into under section 5101.11 of the Revised Code;

(12) Applying to purchases of services by the adult parole authority under section 2967.14 of the Revised Code or by the department of youth services under section 5139.08 of the Revised Code;

(13) Applying to dues or fees paid for membership in an organization or association;

(14) Applying to purchases of utility services pursuant to section 9.30 of the Revised Code;

(15) Applying to purchases made in accordance with rules adopted by the department of administrative services of motor vehicle, aviation, or watercraft fuel, or emergency repairs of such vehicles;

(16) Applying to purchases of tickets for passenger air transportation;

(17) Applying to purchases necessary to provide public notifications required by law or to provide notifications of job openings;

(18) Applying to the judicial branch of state government;

(19) Applying to purchases of liquor for resale by the department or, on and after July 1, 1997, the division of liquor control;

(20) Applying to purchases of motor courier and freight services made in accordance with department of administrative services rules;

(21) Applying to purchases from the United States postal service and purchases of stamps and postal meter replenishment from vendors at rates established by the United States postal service;

(22) Applying to purchases of books, periodicals, pamphlets, newspapers, maintenance subscriptions, and other published materials;

(23) Applying to purchases from other state agencies, including state-assisted institutions of higher education;

(24) Limiting the authority of the director of environmental protection to enter into contracts under division (D) of section 3745.14 of the Revised Code to conduct compliance reviews, as defined in division (A) of that section;

(25) Applying to purchases from a qualified nonprofit agency pursuant to sections 4115.31 to 4115.35 of the Revised Code;

(26) Applying to payments by the department of human services to the United States department of health and human services for printing and mailing notices pertaining to the tax refund offset program of the internal revenue service of the United States department of the treasury;

(27) Applying to contracts entered into by the department of mental retardation and developmental disabilities under sections 5123.18, 5123.182, and 5111.252 of the Revised Code;

(28) Applying to payments made by the department of mental health under a physician recruitment program authorized by section 5119.101 of the Revised Code;

(29) APPLYING TO CONTRACTS ENTERED INTO WITH PERSONS BY THE DIRECTOR OF COMMERCE FOR UNCLAIMED FUNDS COLLECTION AND REMITTANCE EFFORTS AS PROVIDED IN DIVISION (F) OF SECTION 169.03 OF THE REVISED CODE. THE DIRECTOR SHALL KEEP AN ITEMIZED ACCOUNTING OF UNCLAIMED FUNDS COLLECTED BY THOSE PERSONS AND AMOUNTS PAID TO THEM FOR THEIR SERVICES.

(E) Notwithstanding division (B)(1) of this section, the cumulative purchase threshold shall be seventy-five thousand dollars for the departments of mental retardation and developmental disabilities, mental health, rehabilitation and correction, and youth services.

(F) When determining whether a state agency has reached the cumulative purchase thresholds established in divisions (B)(1), (B)(2), and (E) of this section, all of the following purchases by such agency shall not be considered:

(1) Purchases made through competitive selection or with controlling board approval;

(2) Purchases listed in division (D) of this section;

(3) For the purposes of the thresholds of divisions (B)(1) and (E) of this section only, leases of real estate.

(G) As used in this section, "competitive selection," "purchase," "supplies," and "services" have the same meanings as in section 125.01 of the Revised Code.

Sec. 131.35. (A) With respect to the federal funds received into any fund of the state from which transfers may be made under division (D) of section 127.14 of the Revised Code:

(1) No state agency may make expenditures of any federal funds, whether such funds are advanced prior to expenditure or as reimbursement, unless such expenditures are made pursuant to specific appropriations of the general assembly IDENTIFYING THE FEDERAL PROGRAM THAT IS THE SOURCE OF FUNDS, ARE AUTHORIZED PURSUANT TO SECTION 131.38 OF THE REVISED CODE, ARE AUTHORIZED BY THE CONTROLLING BOARD PURSUANT TO DIVISION (A)(5) OF THIS SECTION, or are made pursuant to AUTHORIZED BY an executive order issued in accordance with section 107.17 of the Revised Code, and until an allotment has been approved by the director of budget and management. All federal funds received by a state agency shall be reported to the director within fifteen days of the receipt of such funds or the notification of award, whichever occurs first. The director shall prescribe the forms and procedures to be used when reporting THE RECEIPT OF federal receipts FUNDS.

(2) If the federal funds received are less than the amount of such funds appropriated by the general assembly for a specific purpose, the total appropriation of federal and state funds for such purpose shall be reduced in proportion to the amount of reduction in federal funds.

(3) If the federal funds received are greater than the amount of such funds appropriated by the general assembly for a specific purpose, the total appropriation of federal and state funds for such purpose shall remain at the amount designated by the general assembly, except that the expenditure of federal funds received in excess of such specific appropriation may be authorized by the controlling board.

(4)(3) To the extent that the expenditure of excess federal funds is authorized, the controlling board may transfer a like amount of general revenue fund appropriation authority from the affected agency to the emergency purposes appropriation of the controlling board, if such action is permitted under federal regulations.

(5)(4) Additional funds may be created by the controlling board to receive revenues not anticipated in an appropriations act for the biennium in which such new revenues are received. Expenditures from such additional funds may be authorized by the controlling board, but such authorization shall not extend beyond the end of the biennium in which such funds are created.

CONTROLLING BOARD AUTHORIZATION FOR A STATE AGENCY TO MAKE AN EXPENDITURE OF FEDERAL FUNDS UNDER DIVISION (A)(1) OF THIS SECTION CONSTITUTES AUTHORITY FOR THE AGENCY TO PARTICIPATE IN THE FEDERAL PROGRAM PROVIDING THE FUNDS, AND THE AGENCY IS NOT REQUIRED TO OBTAIN AN EXECUTIVE ORDER UNDER SECTION 107.17 of the Revised Code TO PARTICIPATE IN THE FEDERAL PROGRAM.

(B) With respect to nonfederal funds received into the waterways safety fund, the wildlife fund, and any fund of the state from which transfers may be made under division (D) of section 127.14 of the Revised Code:

(1) No state agency may make expenditures of any such funds unless the expenditures are made pursuant to specific appropriations of the general assembly.

(2) If the receipts received into any fund are greater than the amount appropriated, the appropriation for that fund shall remain at the amount designated by the general assembly or as increased and approved by the controlling board.

(3) Additional funds may be created by the controlling board to receive revenues not anticipated in an appropriations act for the biennium in which such new revenues are received. Expenditures from such additional funds may be authorized by the controlling board, but such authorization shall not extend beyond the end of the biennium in which such funds are created.

(C) The controlling board shall not authorize more than ten per cent of additional spending from the occupational licensing and regulatory fund, created in section 4743.05 of the Revised Code, in excess of any appropriation made by the general assembly to a licensing agency except an appropriation for costs related to the examination or reexamination of applicants for a license. As used in this division, "licensing agency" and "license" have the same meanings as in section 4745.01 of the Revised Code.

Sec. 131.38. WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF A SECTION OF ANY ACT CONTAINING APPROPRIATIONS OF FEDERAL FUNDS, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL TRANSMIT TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT OF THE SENATE, THE CHAIRPERSON OF THE HOUSE COMMITTEE ON FINANCE AND APPROPRIATIONS, AND THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE A LIST, BY STATE AGENCY, THAT IDENTIFIES SPECIFIC FEDERAL PROGRAMS FOR WHICH FEDERAL FUNDS HAVE BEEN APPROPRIATED IN THE ACT. A STATE AGENCY IS NOT REQUIRED TO OBTAIN AN EXECUTIVE ORDER UNDER SECTION 107.17 of the Revised Code TO PARTICIPATE IN A FEDERAL PROGRAM APPEARING ON THE LIST.

Sec. 131.41. THERE IS HEREBY CREATED IN THE STATE TREASURY THE HUMAN SERVICES STABILIZATION FUND. THE FUND SHALL CONSIST OF MONEYS DEPOSITED INTO IT PURSUANT TO ACTS OF THE GENERAL ASSEMBLY. THE DIRECTOR OF BUDGET AND MANAGEMENT, WITH ADVICE FROM THE DIRECTOR OF HUMAN SERVICES, MAY TRANSFER MONEYS IN THE HUMAN SERVICES STABILIZATION FUND TO THE GENERAL REVENUE FUND FOR THE DEPARTMENT OF HUMAN SERVICES. MONEYS MAY BE TRANSFERRED DUE TO IDENTIFIED SHORTFALLS, SUCH AS HIGHER CASELOADS, FEDERAL FUNDING CHANGES, AND UNFORESEEN COSTS DUE TO SIGNIFICANT STATE POLICY CHANGES. BEFORE TRANSFERS ARE AUTHORIZED, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL EXHAUST THE POSSIBILITIES FOR TRANSFERS OF MONEYS WITHIN THE DEPARTMENT OF HUMAN SERVICES TO MEET THE IDENTIFIED SHORTFALL. TRANSFERS SHALL NOT BE USED TO FUND POLICY CHANGES NOT CONTEMPLATED BY ACTS OF THE GENERAL ASSEMBLY.

Sec. 131.44. (A) AS USED IN THIS SECTION:

(1) "SURPLUS REVENUE" MEANS THE EXCESS, IF ANY, OF THE TOTAL FUND BALANCE OVER THE REQUIRED YEAR-END BALANCE.

(2) "TOTAL FUND BALANCE" MEANS THE SUM OF THE UNENCUMBERED BALANCE IN THE GENERAL REVENUE FUND ON THE LAST DAY OF THE PRECEDING FISCAL YEAR PLUS THE BALANCE IN THE BUDGET STABILIZATION FUND.

(3) "REQUIRED YEAR-END BALANCE" MEANS THE SUM OF THE FOLLOWING:

(a) FIVE PER CENT OF THE GENERAL REVENUE FUND REVENUES FOR THE PRECEDING FISCAL YEAR;

(b) "ENDING FUND BALANCE," WHICH MEANS ONE-HALF OF ONE PER CENT OF GENERAL REVENUE FUND REVENUES FOR THE PRECEDING FISCAL YEAR;

(c) "CARRYOVER BALANCE," WHICH MEANS, WITH RESPECT TO A FISCAL BIENNIUM, THE EXCESS, IF ANY, OF THE ESTIMATED GENERAL REVENUE FUND APPROPRIATION AND TRANSFER REQUIREMENT FOR THE SECOND FISCAL YEAR OF THE BIENNIUM OVER THE ESTIMATED GENERAL REVENUE FUND REVENUE FOR THAT FISCAL YEAR;

(d) "CAPITAL APPROPRIATION RESERVE," WHICH MEANS THE AMOUNT, IF ANY, OF GENERAL REVENUE FUND CAPITAL APPROPRIATIONS MADE FOR THE CURRENT BIENNIUM THAT THE DIRECTOR OF BUDGET AND MANAGEMENT HAS DETERMINED WILL BE ENCUMBERED OR DISBURSED;

(e) "INCOME TAX REDUCTION IMPACT RESERVE," WHICH MEANS AN AMOUNT EQUAL TO THE REDUCTION PROJECTED BY THE DIRECTOR OF BUDGET AND MANAGEMENT IN INCOME TAX REVENUE IN THE CURRENT FISCAL YEAR ATTRIBUTABLE TO THE PREVIOUS REDUCTION IN THE INCOME TAX RATE MADE BY THE TAX COMMISSIONER PURSUANT TO DIVISION (B) OF SECTION 5747.02 OF THE REVISED CODE.

(4) "ESTIMATED GENERAL REVENUE FUND APPROPRIATION AND TRANSFER REQUIREMENT" MEANS THE MOST RECENT ADJUSTED APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY FROM THE GENERAL REVENUE FUND AND INCLUDES BOTH OF THE FOLLOWING:

(a) APPROPRIATIONS MADE AND TRANSFERS OF APPROPRIATIONS FROM THE FIRST FISCAL YEAR TO THE SECOND FISCAL YEAR OF THE BIENNIUM IN PROVISIONS OF ACTS OF THE GENERAL ASSEMBLY SIGNED BY THE GOVERNOR BUT NOT YET EFFECTIVE;

(b) TRANSFERS OF APPROPRIATION FROM THE FIRST FISCAL YEAR TO THE SECOND FISCAL YEAR OF THE BIENNIUM APPROVED BY THE CONTROLLING BOARD.

(5) "ESTIMATED GENERAL REVENUE FUND REVENUE" MEANS THE MOST RECENT SUCH ESTIMATE AVAILABLE TO THE DIRECTOR OF BUDGET AND MANAGEMENT.

(B)(1) Not later than the thirty-first day of July each year, the director of budget and management shall determine the surplus revenue that existed on the preceding thirtieth day of June, and transfer an amount equal to the surplus revenue from the general revenue fund to the income tax reduction fund, which is hereby created in the state treasury, to the extent of the unobligated, unencumbered balance in the general revenue fund on the preceding thirtieth day of June IN EXCESS OF ONE-HALF OF ONE PER CENT OF THE GENERAL REVENUE FUND REVENUES IN THE PRECEDING FISCAL YEAR, THE FOLLOWING:

(a) FIRST, TO THE BUDGET STABILIZATION FUND, ANY AMOUNT NECESSARY FOR THE BALANCE OF THE BUDGET STABILIZATION FUND TO EQUAL FIVE PER CENT OF THE GENERAL REVENUE FUND REVENUES OF THE PRECEDING FISCAL YEAR;

(b) THEN, TO THE INCOME TAX REDUCTION FUND, WHICH IS HEREBY CREATED IN THE STATE TREASURY, AN AMOUNT EQUAL TO THE SURPLUS REVENUE.

(3)(2) Not later than the thirty-first day of July each year, the director shall determine the percentage that the balance in the income tax reduction fund is of the amount of revenue that the legislative budget office DIRECTOR estimates will be received from the tax levied under section 5747.02 of the Revised Code in the current fiscal year without regard to any reduction under division (B) of that section. If that percentage exceeds thirty-five one hundredths of one per cent, the director shall certify the percentage to the tax commissioner not later than the thirty-first day of July.

(C) The director of budget and management shall transfer money in the income tax reduction fund to the general revenue fund, the local government fund, the library and local government support fund, and the local government revenue assistance fund as necessary to offset revenue reductions resulting from the reductions in taxes required under division (B) of section 5747.02 of the Revised Code in the respective amounts and percentages prescribed by divisions (A)(1), (2), and (4) of section 5747.03 of the Revised Code as if the amount transferred had been collected as taxes under Chapter 5747. of the Revised Code. If no reductions in taxes are made under that division that affect revenue received in the current fiscal year, the director shall not transfer money from the income tax reduction fund to the general revenue fund, THE LOCAL GOVERNMENT FUND, THE LIBRARY AND LOCAL GOVERNMENT SUPPORT FUND, AND THE LOCAL GOVERNMENT REVENUE ASSISTANCE FUND.

Sec. 135.142. (A) In addition to the investments authorized by section 135.14 of the Revised Code, any board of education, by a two-thirds vote of its members, may authorize the treasurer of the board of education to invest up to twenty-five per cent of the interim moneys of the board, available for investment at any one time, in either of the following:

(1) Commercial paper notes issued by any corporation for profit that is incorporated under the laws of the United States or any state ENTITY THAT IS DEFINED IN DIVISION (D) OF SECTION 1705.01 of the Revised Code and has assets exceeding five hundred million dollars, and to which notes all of the following apply:

(a) The notes are rated at the time of purchase in the highest classification established by at least two standard rating services;

(b) The aggregate value of the notes does not exceed ten per cent of the aggregate value of the outstanding commercial paper of the issuing corporation;

(c) The notes mature no later than one hundred eighty days after purchase.

(2) Bankers' acceptances of banks that are members of the federal deposit insurance corporation to which obligations both of the following apply:

(a) The obligations are eligible for purchase by the federal reserve system;

(b) The obligations mature no later than one hundred eighty days after purchase.

(B) No investment authorized pursuant to division (A) of this section shall be made, whether or not authorized by a board of education, unless the treasurer of the board of education has completed additional training for making the types of investments authorized pursuant to division (A) of this section. The type and amount of such training shall be approved and may be conducted by or provided under the supervision of the auditor of state.

(C) The treasurer of the board of education shall prepare annually and submit to the board of education, the superintendent of public instruction, and the auditor of state, on or before the thirty-first day of August, a report listing each investment made pursuant to division (A) of this section during the preceding fiscal year, income earned from such investments, fees and commissions paid pursuant to division (D) of this section, and any other information required by the board, the superintendent, and the auditor of state.

(D) A board of education may make appropriations and expenditures for fees and commissions in connection with investments made pursuant to division (A) of this section.

(E)(1) In addition to the investments authorized by section 135.14 of the Revised Code and division (A) of this section, any board of education that is a party to an agreement with the treasurer of state pursuant to division (G) of section 135.143 of the Revised Code and that has outstanding obligations issued under authority of section 133.10 or 133.301 of the Revised Code may authorize the treasurer of the board of education to invest interim moneys of the board in debt interests rated in either of the two highest rating classifications by at least two nationally recognized rating agencies and issued by corporations ENTITIES that are incorporated under the laws of the United States or a state DEFINED IN DIVISION (D) OF SECTION 1705.01 of the Revised Code. The debt interests purchased under authority of division (E) of this section shall mature not later than the latest maturity date of the outstanding obligations issued under authority of section 133.10 or 133.301 of the Revised Code.

(2) IF ANY OF THE DEBT INTERESTS ACQUIRED UNDER DIVISION (E)(1) OF THIS SECTION CEASES TO BE RATED AS THERE REQUIRED, ITS ISSUER SHALL NOTIFY THE TREASURER OF STATE OF THIS FACT WITHIN TWENTY-FOUR HOURS. AT ANY TIME THEREAFTER THE TREASURER OF STATE MAY REQUIRE COLLATERALIZATION AT THE RATE OF ONE HUNDRED TWO PER CENT OF ANY REMAINING OBLIGATION OF THE ENTITY, WITH SECURITIES AUTHORIZED FOR INVESTMENT UNDER SECTION 135.143 of the Revised Code. THE COLLATERAL SHALL BE DELIVERED TO AND HELD BY A CUSTODIAN ACCEPTABLE TO THE TREASURER OF STATE, MARKED TO MARKET DAILY, AND ANY DEFAULT TO BE CURED WITHIN TWELVE HOURS. UNLIMITED SUBSTITUTION SHALL BE ALLOWED OF COMPARABLE SECURITIES.

Sec. 145.73. (A) The Ohio public employees deferred compensation board shall initiate, plan, expedite, and, subject to an appropriate assurance of the approval of the internal revenue service, promulgate and offer to all eligible employees, and thereafter administer on behalf of all participating employees and continuing members, and alter as required, a program for deferral of compensation, including a reasonable number of options to the employee for the investment of deferred funds, including life insurance, annuities, variable annuities, regulated investment trusts, pooled investment funds managed by the board, or other forms of investment approved by the board, always in such form as will assure the desired tax treatment of such funds. THE MEMBERS OF THE OHIO PUBLIC EMPLOYEES DEFERRED COMPENSATION BOARD ARE THE TRUSTEES OF ANY DEFERRED FUNDS AND SHALL DISCHARGE THEIR DUTIES WITH RESPECT TO THE FUNDS SOLELY IN THE INTEREST OF AND FOR THE EXCLUSIVE BENEFIT OF PARTICIPATING EMPLOYEES, CONTINUING MEMBERS, AND THEIR BENEFICIARIES.

(B) Every employer of an eligible employee shall contract with such employee upon THE EMPLOYEE'S application for his participation in a deferred compensation program offered by the board. Every retirement system serving an eligible employee shall serve as collection agent for compensation deferred by any of its members and account for and deliver such sums to the board.

(C) The board shall, subject to any applicable contract provisions, undertake to obtain as favorable conditions of tax treatment as possible, both in the initial programs and any permitted alterations thereof or additions thereto, as to such matters as terms of distribution, designation of beneficiaries, withdrawal upon disability, financial hardship, or termination of public employment, and other optional provisions.

(D) In no event shall the total of the amount of deferred compensation to be set aside under a deferred compensation program and the employee's nondeferred income for any year exceed the total annual salary or compensation under the existing salary schedule or classification plan applicable to such employee in such year.

Such a deferred compensation program shall be in addition to any retirement or any other benefit program provided by law for employees of this state. The board shall adopt rules pursuant to Chapter 119. of the Revised Code to provide any necessary standards or conditions for the administration of its programs, including any limits on the portion of a participating employee's compensation that may be deferred in order to avoid adverse treatment of the program by the internal revenue service or the occurrence of deferral, withholding, or other deductions in excess of the compensation available for any pay period.

Any income deferred under such a plan shall continue to be included as regular compensation for the purpose of computing the contributions to and benefits from the retirement system of such employee. Any sum so deferred shall not be included in the computation of any federal and state income taxes withheld on behalf of any such employee.

(E) This section does not limit the authority of any municipal corporation, county, township, park district, conservancy district, sanitary district, health district, public library, county law library, public institution of higher education, or school district to provide separate authorized plans or programs for deferring compensation of their officers and employees in addition to the program for the deferral of compensation offered by the board. Any municipal corporation, public institution of higher education, or school district that offers such plans or programs shall include a reasonable number of options to its officers or employees for the investment of the deferred funds, including annuities, variable annuities, regulated investment trusts, or other forms of investment approved by the municipal corporation, institution of higher education, or school district, that will assure the desired tax treatment of the funds.

Sec. 149.303. (A)(1) There is hereby created the national museum of Afro-American history and culture planning committee to advise the Ohio historical society in the performance of its duties pursuant to section 149.302 of the Revised Code. The committee shall consist of sixteen voting members appointed by the governor with the advice and consent of the senate, AND THE NONVOTING MEMBERS APPOINTED UNDER DIVISION (A)(2) OF THIS SECTION. Each of the following organizations shall submit to the governor a list of three nominees, and the governor shall appoint one member from each such list:

(A)(a) Association for the study of Afro-American life and history;

(B)(b) Central state university;

(C)(c) Congressional black caucus;

(D)(d) Greene county historical society;

(E)(e) National association for the advancement of colored people;

(F) National association of media women;

(G) National caucus of black school board members;

(H) National caucus of the black aged;

(I)(f) National council of Negro women;

(J) National education association black caucus;

(K)(g) National newspaper publishers association;

(L)(h) National urban league;

(M)(i) Ohio historical society;

(N)(j) Organization of American historians;

(O)(k) Society of American archivists;

(P)(l) Wilberforce university.

THE GOVERNOR SHALL APPOINT THE REMAINING FOUR VOTING MEMBERS FROM THE PUBLIC AT LARGE.

As the term of a member appointed in this manner FROM A LIST OF NOMINEES SUBMITTED BY AN ORGANIZATION UNDER DIVISIONS (A)(1)(a) TO (l) OF THIS SECTION expires, the governor shall make an appointment from a list of nominations submitted by the same organization that submitted the nominations from which the outgoing member was appointed. One

(2) ONE member of the house of representatives designated by the speaker of the house of representatives and one member of the senate designated by the president of the senate shall serve as nonvoting members of the committee.

(3) As the term of a member expires, the member's successor shall be appointed by the governor, with the advice and consent of the senate. Such terms shall be for four years, commencing on the first day of February and ending on the thirty-first day of January. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. In the event of the death, removal, resignation, or incapacity of a member, the governor, with the advice and consent of the senate, shall appoint a successor in the same manner specified in this section for the appointment of members to full terms. Any member appointed to fill a vacancy occurring prior to the end of the term for which the member's predecessor was appointed shall hold office for the remainder of such term. Any member shall continue in office subsequent to the expiration date of the member's term until a successor takes office, or until a period of sixty days has elapsed, whichever occurs first. The governor may remove any appointed member for misfeasance, nonfeasance, or malfeasance in office.

(B)(1) From its membership, the committee shall select a chairperson and vice-chairperson. All members of the committee shall serve without compensation, but may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties. The expenses of the committee shall be paid out of the appropriated subsidy to the Ohio historical society.

(2) The committee shall hold at least one regular meeting in each quarter of each calendar year, and shall keep a record of its proceedings, which shall be open to the public for inspection. Special meetings may be called by the chairperson, and shall be called upon a written request therefor signed by five or more members. A written notice of the time and place of each meeting shall be sent to each member. A majority of the members of the committee shall constitute a quorum.

(3) The Ohio historical society may provide any necessary staff or services required by the advisory committee in the performance of its duties. Compensation for such services shall be paid out of the appropriated subsidy to the society.

(C) The committee may accept donations of historical items and artifacts for placement in the national museum of Afro-American history and culture, and shall house such items and artifacts at the Ohio historical society until the museum is established. After the establishment of the museum, the committee shall convey all such donated items and artifacts to the private, nonprofit organization to which the Ohio historical society has conveyed the museum and its contents, as provided in section 149.302 of the Revised Code. All such historical items and artifacts so conveyed shall remain at the museum as part of its permanent collection. The committee shall advise the organization to which the society has conveyed the museum and its contents, concerning the operation and maintenance of the museum.

Sec. 149.331. The state record administration program of the department of administrative services shall do all of the following:

(A) Establish and promulgate in consultation with the state archivist, standards, procedures, and techniques for the effective management of state records;

(B) Make continuing surveys of record-keeping operations and recommend improvements in current records management practices including the use of space, equipment, and supplies employed in creating, maintaining, storing, and servicing records;

(C) Establish and operate such state records centers and auxiliary facilities as may be authorized by appropriation and provide such related services as are deemed necessary for the preservation, screening, storage, and servicing of state records pending disposition;

(D) Review applications for one-time records disposal and schedules of records retention and destruction submitted by state agencies in accordance with section 149.333 of the Revised Code;

(E) Establish "general schedules" proposing the disposal, after the lapse of specified periods of time, of records of specified form or character common to several or all agencies that either have accumulated or may accumulate in such agencies and that apparently will not, after the lapse of the periods specified, have sufficient administrative, legal, fiscal, or other value to warrant their further preservation by the state;

(F) Establish and maintain a records management training program for personnel involved in record-making and record-keeping functions of departments, offices, and institutions;

(G) Obtain reports from departments, offices, and institutions necessary for the effective administration of the program;

(H) Provide for the disposition of any remaining records of any state agency, board, or commission, whether in the executive, judicial, or legislative branch of government, that has terminated its operations. After the closing of the Ohio veterans' children's home, the resident and administrative records of the home and the resident and administrative records of the home when it was known as the soldiers' and sailors' orphans' home required to be maintained by approved records retention schedules shall be administered by the state department of education pursuant to this chapter, THE ADMINISTRATIVE RECORDS OF THE HOME REQUIRED TO BE MAINTAINED BY APPROVED RECORDS RETENTION SCHEDULES SHALL BE ADMINISTERED BY THE DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO THIS CHAPTER, and historical records of the home shall be transferred to an appropriate archival institution in this state prescribed by the state record administration program.

(I) Establish a centralized program coordinating micrographics standards, training, and services for the benefit of all state agencies;

(J) Establish and publish in accordance with the applicable law necessary procedures and rules for the retention and disposal of state records.

This section does not apply to the records of state-supported institutions of higher education, which shall keep their own records.

Sec. 164.08. (A) Except as provided in section 164.09 of the Revised Code, the net proceeds of obligations issued and sold by the treasurer of state pursuant to section 164.09 of the Revised Code for the purpose of financing or assisting in the financing of the cost of public infrastructure capital improvement projects of local subdivisions, as provided for in Section 2k or 2m of Article VIII, Ohio Constitution, and this chapter, shall be paid into the state capital improvements fund, which is hereby created in the state treasury. Investment earnings on moneys in the fund shall be credited to the fund.

(B) Each program year the amount of obligations authorized by the general assembly in accordance with section 164.09 of the Revised Code, excluding the proceeds of refunding or renewal obligations, shall be allocated by the director of the Ohio public works commission as follows:

(1) First, twelve million dollars of the amount of obligations authorized shall be allocated to provide financial assistance to villages and to townships with populations in the unincorporated areas of the township of less than five thousand persons, for capital improvements in accordance with section 164.051 and division (D) of section 164.06 of the Revised Code. As used in division (B)(1) of this section, "capital improvements" includes resurfacing and improving roads.

(2) Following the allocation required by division (B)(1) of this section, the director may allocate two million five hundred thousand dollars of the authorized obligations to provide financial assistance to local subdivisions for capital improvement projects which in the judgment of the director of the Ohio public works commission are necessary for the immediate preservation of the health, safety, and welfare of the citizens of the local subdivision requesting assistance.

(3) For the second, third, fourth, and fifth years that obligations are authorized and are available for allocation under this chapter, one million dollars shall be allocated to the sewer and water fund created in section 1525.11 of the Revised Code. Money from this allocation shall be transferred to that fund when needed to support specific payments from that fund.

(4) For program years twelve and fourteen that obligations are authorized and available for allocation under this chapter, two million dollars each program year shall be allocated to the small county capital improvement program for use in providing financial assistance under division (F) of section 164.02 of the Revised Code.

(5) After the allocation required by division (B)(3) of this section is made, the director shall determine the amount of the remaining obligations authorized to be issued and sold that each county would receive if such amounts were allocated on a per capita basis each year. If a county's per capita share for the year would be less than three hundred thousand dollars, the director shall allocate to the district in which that county is located an amount equal to the difference between three hundred thousand dollars and the county's per capita share.

(6) After making the allocation required by division (B)(5) of this section, the director shall allocate the remaining amount to each district on a per capita basis.

(C)(1) There is hereby created in the state treasury the state capital improvements revolving loan fund, into which shall be deposited all repayments of loans made to local subdivisions for capital improvements pursuant to this chapter. Investment earnings on moneys in the fund shall be credited to the fund.

(2) There may also be deposited in the state capital improvements revolving loan fund moneys obtained from federal or private grants, or from other sources, which are to be used for any of the purposes authorized by this chapter. Such moneys shall be allocated each year in accordance with division (B)(6) of this section.

(3) Moneys deposited into the state capital improvements revolving loan fund shall be used to make loans for the purpose of financing or assisting in the financing of the cost of capital improvement projects of local subdivisions.

(4) Investment earnings credited to the state capital improvements revolving loan fund that exceed the amounts required to meet estimated federal arbitrage rebate requirements shall be used to pay costs incurred by the public works commission in administering this section. Investment earnings credited to the state capital improvements revolving loan fund that exceed the amounts required to pay for the administrative costs and estimated rebate requirements shall be allocated to each district on a per capita basis.

(5) Each program year, loan repayments received and on deposit in the state capital improvements revolving loan fund shall be allocated as follows:

(a) Each district public works integrating committee shall be allocated an amount equal to the sum of all loan repayments made to the state capital improvements revolving loan fund by local subdivisions that are part of the district. Moneys not used in a program year may be used in the next program year in the same manner and for the same purpose as originally allocated.

(b) Loan repayments made pursuant to projects approved under division (B)(1) of this section shall be used to make loans in accordance with section 164.051 and division (D) of section 164.06 of the Revised Code. Allocations for this purpose made pursuant to division (C)(5) of this section shall be in addition to the allocation provided in division (B)(1) of this section.

(c) Loan repayments made pursuant to projects approved under division (B)(2) of this section shall be used to make loans in accordance with division (B)(2) of this section. Allocations for this purpose made pursuant to division (C)(5) of this section shall be in addition to the allocation provided in division (B)(2) of this section.

(d) Loans made from the state capital improvements revolving loan fund shall not be limited in their usage by divisions (E), (F), (G), (H), and (I) of section 164.05 of the Revised Code.

(D) Investment earnings credited to the state capital improvements fund that exceed the amounts required to meet estimated federal arbitrage rebate requirements shall be used to pay costs incurred by the public works commission in administering sections 164.01 to 164.13 164.12 of the Revised Code.

(E) The director of the Ohio public works commission shall notify the director of budget and management of the amounts allocated pursuant to this section and such information shall be entered into the state accounting system. The director of budget and management shall establish appropriation line items as needed to track these allocations.

(F) If the amount of a district's allocation in a program year exceeds the amount of financial assistance approved for the district by the commission for that year, the remaining portion of the district's allocation shall be added to the district's allocation pursuant to division (B) of this section for the next succeeding year for use in the same manner and for the same purposes as it was originally allocated, except that any portion of a district's allocation which was available for use on new or expanded infrastructure pursuant to division (H) of section 164.05 of the Revised Code shall be available in succeeding years only for the repair and replacement of existing infrastructure.

(G) When an allocation based on population is made by the director pursuant to division (B) of this section, the director shall use the most recent decennial census statistics, and shall not make any reallocations based upon a change in a district's population.

Sec. 164.09. (A) The issuer is authorized to issue and sell, as provided in this section and in amounts from time to time authorized by the general assembly, general obligations of this state for the purpose of financing or assisting in the financing of the costs of public infrastructure capital improvements for local subdivisions. The full faith and credit, revenues, and taxing power of the state are and shall be pledged to the timely payment of bond service charges on outstanding obligations, all in accordance with Section 2k or 2m of Article VIII, Ohio Constitution and sections 164.09 to 164.12 of the Revised Code, excluding from that pledge fees, excises, or taxes relating to the registration, operation, or use of vehicles on the public highways, or to fuels used for propelling those vehicles, and so long as such obligations are outstanding there shall be levied and collected excises and taxes, excluding those excepted above, in amounts sufficient to pay the bond service charges on such obligations and costs relating to credit facilities.

(B)(1) The total principal amount of obligations issued pursuant to Section 2k of Article VIII, Ohio Constitution shall not exceed one billion two hundred million dollars, and not more than one hundred twenty million dollars in principal amount of obligations may be issued in any calendar year, all determined as provided in sections 164.09 to 164.13 164.12 of the Revised Code.

(2) The total principal amount of obligations issued for the purposes of this section pursuant to section SECTION 2m of Article VIII, Ohio Constitution, shall not exceed one billion two hundred million dollars. Not more than one hundred twenty million dollars in principal amount of such obligations, plus the principal amount of such obligations that in any prior fiscal years could have been but were not issued within the one-hundred-twenty-million-dollar fiscal year limit, may be issued in any fiscal year. No obligations shall be issued for the purposes of this section pursuant to Section 2m of Article VIII, Ohio Constitution, until at least one billion one hundred ninety-nine million five hundred thousand dollars aggregate principal amount of obligations have been issued pursuant to Section 2k of Article VIII, Ohio Constitution. The amounts specified under division (B)(2) of this section shall be determined as provided in sections 164.09 to 164.13 164.12 of the Revised Code.

(C) Each issue of obligations shall be authorized by order of the issuer. The bond proceedings shall provide for the principal amount or maximum principal amount of obligations of an issue, and shall provide for or authorize the manner or agency for determining the principal maturity or maturities, not exceeding the earlier of thirty years from the date of issuance of the particular obligations or thirty years from the date the debt represented by the particular obligations was originally contracted, the interest rate or rates, the date of and the dates of payment of interest on the obligations, their denominations, and the establishment within or without the state of a place or places of payment of bond service charges. Sections 9.96 and 9.98 to 9.983 of the Revised Code are applicable to the obligations. The purpose of the obligations may be stated in the bond proceedings as "financing or assisting in the financing of local subdivisions capital improvement projects."

(D) The proceeds of the obligations, except for any portion to be deposited in special funds, or in escrow funds for the purpose of refunding outstanding obligations, all as may be provided in the bond proceedings, shall be deposited to the state capital improvements fund established by section 164.08 of the Revised Code.

(E) The issuer may appoint paying agents, bond registrars, securities depositories, and transfer agents, and may retain the services of financial advisers and accounting experts, and retain or contract for the services of marketing, remarketing, indexing, and administrative agents, other consultants, and independent contractors, including printing services, as are necessary in the issuer's judgment to carry out sections 164.01 to 164.12 of the Revised Code. Financing costs are payable, as provided in the bond proceedings, from the proceeds of the obligations, from special funds, or from other moneys available for the purpose.

(F) The bond proceedings, including any trust agreement, may contain additional provisions customary or appropriate to the financing or to the obligations or to particular obligations, including but not limited to:

(1) The redemption of obligations prior to maturity at the option of the state or of the holder or upon the occurrence of certain conditions at such price or prices and under such terms and conditions as are provided in the bond proceedings;

(2) The form of and other terms of the obligations;

(3) The establishment, deposit, investment, and application of special funds, and the safeguarding of moneys on hand or on deposit, without regard to Chapter 131. or 135. of the Revised Code, but subject to any special provisions of this section with respect to particular funds or moneys, and provided that any bank or trust company that acts as a depository of any moneys in special funds may furnish such indemnifying bonds or may pledge such securities as required by the issuer;

(4) Any or every provision of the bond proceedings binding upon the issuer and such state agency or local subdivision, officer, board, commission, authority, agency, department, or other person or body as may from time to time have the authority under law to take such actions as may be necessary to perform all or any part of the duty required by such provision;

(5) The maintenance of each pledge, any trust agreement, or other instrument comprising part of the bond proceedings until the state has fully paid or provided for the payment of the bond service charges on the obligations or met other stated conditions;

(6) In the event of default in any payments required to be made by the bond proceedings, or any other agreement of the issuer made as a part of a contract under which the obligations were issued or secured, the enforcement of such payments or agreements by mandamus, suit in equity, action at law, or any combination of the foregoing;

(7) The rights and remedies of the holders of obligations and of the trustee under any trust agreement, and provisions for protecting and enforcing them, including limitations on rights of individual holders of obligations;

(8) The replacement of any obligations that become mutilated or are destroyed, lost, or stolen;

(9) Provision for the funding, refunding, or advance refunding or other provision for payment of obligations which will then no longer be outstanding for purposes of this section or of the bond proceedings;

(10) Any provision that may be made in bond proceedings or a trust agreement, including provision for amendment of the bond proceedings;

(11) Such other provisions as the issuer determines, including limitations, conditions, or qualifications relating to any of the foregoing;

(12) Any other or additional agreements with the holders of the obligations relating to the obligations or the security for the obligations.

(G) The great seal of the state or a facsimile of that seal may be affixed to or printed on the obligations. The obligations requiring signature by the issuer shall be signed by or bear the facsimile signature of the issuer as provided in the bond proceedings. Any obligations may be signed by the person who, on the date of execution, is the authorized signer although on the date of such obligations such person was not the issuer. In case the person whose signature or a facsimile of whose signature appears on any obligation ceases to be the issuer before delivery of the obligation, such signature or facsimile is nevertheless valid and sufficient for all purposes as if the individual person had remained the member until such delivery, and in case the seal to be affixed to or printed on obligations has been changed after the seal has been affixed to or a facsimile of the seal has been printed on the obligations, that seal or facsimile seal shall continue to be sufficient as to those obligations and obligations issued in substitution or exchange therefor.

(H) The obligations are negotiable instruments and securities under Chapter 1308. of the Revised Code, subject to the provisions of the bond proceedings as to registration. Obligations may be issued in coupon or in fully registered form, or both, as the issuer determines. Provision may be made for the registration of any obligations with coupons attached as to principal alone or as to both principal and interest, their exchange for obligations so registered, and for the conversion or reconversion into obligations with coupons attached of any obligations registered as to both principal and interest, and for reasonable charges for such registration, exchange, conversion, and reconversion. Pending preparation of definitive obligations, the issuer may issue interim receipts or certificates which shall be exchanged for such definitive obligations.

(I) Obligations may be sold at public sale or at private sale, and at such price at, above, or below par, as determined by the issuer in the bond proceedings.

(J) In the discretion of the issuer, obligations may be secured additionally by a trust agreement between the state and a corporate trustee which may be any trust company or bank having its principal place of business within the state. Any trust agreement may contain the order authorizing the issuance of the obligations, any provisions that may be contained in the bond proceedings, and other provisions that are customary or appropriate in an agreement of the type.

(K) Except to the extent that their rights are restricted by the bond proceedings, any holder of obligations, or a trustee under the bond proceedings, may by any suitable form of legal proceedings protect and enforce any rights under the laws of this state or granted by the bond proceedings. Such rights include the right to compel the performance of all duties of the issuer and the state. Each duty of the issuer and the issuer's employees, and of each state agency and local public entity and its officers, members, or employees, undertaken pursuant to the bond proceedings, is hereby established as a duty of the issuer, and of each such agency, local subdivision, officer, member, or employee having authority to perform such duty, specifically enjoined by the law and resulting from an office, trust, or station within the meaning of section 2731.01 of the Revised Code. The persons who are at the time the issuer, or the issuer's employees, are not liable in their personal capacities on any obligations or any agreements of or with the issuer relating to obligations or under the bond proceedings.

(L) The issuer may authorize and issue obligations for the refunding, including funding and retirement, and advance refunding with or without payment or redemption prior to maturity, of any obligations previously issued. Such refunding obligations may be issued in amounts sufficient to pay or to provide for payment of the principal amount, including principal amounts maturing prior to the redemption of the remaining obligations, any redemption premium, and interest accrued or to accrue to the maturity or redemption date or dates, payable on the refunded obligations, and related financing costs and any expenses incurred or to be incurred in connection with such issuance and refunding. Subject to the bond proceedings therefor, the portion of the proceeds of the sale of refunding obligations issued under this division to be applied to bond service charges on the prior obligations shall be credited to an appropriate separate account in the bond service fund and held in trust for the purpose by the commissioners of the sinking fund or by a corporate trustee. Obligations authorized under this division shall be considered to be issued for those purposes for which such prior obligations were issued, and, except as otherwise provided in sections 164.09 to 164.12 of the Revised Code are subject to the provisions of sections 164.09 to 164.12 of the Revised Code pertaining to other obligations.

(M) The issuer may authorize and issue obligations in the form of bond anticipation notes and renew those notes from time to time by the issuance of new notes. The holders of such notes or appertaining interest coupons have the right to have bond service charges on those notes paid solely from the moneys and special funds that are or may be pledged to the payment of bond service charges on those notes, including the proceeds of such bonds or renewal notes, or both, as the issuer provides in the bond proceedings authorizing the notes. Such notes may be additionally secured by covenants of the issuer to the effect that the issuer and the state will do any or all things necessary for the issuance of bonds or renewal notes in appropriate amount, and apply the proceeds thereof to the extent necessary, to make full and timely payment of the principal of and interest on such notes as provided in such bond proceedings. For such purposes, the issuer may issue bonds or renewal notes in such principal amount and upon such terms as may be necessary to provide moneys to pay when due the principal of and interest on such notes. Except as otherwise provided in sections 164.08 to 164.12 of the Revised Code, notes authorized pursuant to this division are subject to sections 164.08 to 164.12 of the Revised Code pertaining to other obligations.

The issuer in the bond proceedings authorizing the issuance of bond anticipation notes shall set forth for the bonds anticipated by such notes an estimated schedule of annual principal payments for such bonds over a period of thirty years from the earlier of the date of issuance of the notes or the date of original issuance of prior notes in anticipation of those bonds. While the notes are outstanding there shall be deposited, as shall be provided in the bond proceedings for those notes, from the sources authorized for payment of bond service charges on the bonds, amounts sufficient to pay the principal of the bonds anticipated as set forth in that estimated schedule during the time the notes are outstanding, which amounts shall be used solely to pay the principal of those notes or of the bonds anticipated.

(N) Refunding or renewal obligations issued pursuant to division (L) or (M) of this section shall not be counted against the limitations on principal amount provided for in divisions (B)(1) and (2) of this section, and shall be in addition to the amount authorized by the general assembly as provided for in division (A) of this section, to the extent the principal amount of those obligations does not exceed the then outstanding principal amount of the obligations to be refunded, renewed, or retired. For purposes of this section only, the principal amount of an obligation issued to refund an outstanding obligation is the amount on which interest or interest equivalent is initially calculated and shall not be deemed to include any premium paid by the initial purchaser of such obligation.

(O) Obligations are lawful investments for banks, societies for savings, savings and loan associations, deposit guarantee associations, trust companies, trustees, fiduciaries, insurance companies, including domestic for life and domestic not for life, trustees or other officers having charge of sinking and bond retirement or other special funds of political subdivisions and taxing districts of this state, the commissioners of the sinking fund, the administrator of workers' compensation, the state teachers retirement system, the public employees retirement system, the school employees retirement system, and the police and firemen's disability and pension fund, notwithstanding any other provisions of the Revised Code or rules adopted pursuant thereto by any state agency with respect to investments by them, and are also acceptable as security for the deposit of public moneys.

(P) Unless otherwise provided in any applicable bond proceedings, moneys to the credit of or in the special funds established by or pursuant to this section may be invested by or on behalf of the issuer only in notes, bonds, or other direct obligations of the United States or of any agency or instrumentality of the United States, in obligations of this state or any political subdivision of this state, in certificates of deposit of any national bank located in this state and any bank, as defined in section 1101.01 of the Revised Code, subject to inspection by the superintendent of financial institutions, in the Ohio subdivision's fund established pursuant to section 135.45 of the Revised Code, in no-front-end-load money market mutual funds consisting exclusively of direct obligations of the United States or of an agency or instrumentality of the United States, and in repurchase agreements, including those issued by any fiduciary, secured by direct obligations of the United States or an agency or instrumentality of the United States, and in collective investment funds established in accordance with section 1111.14 of the Revised Code and consisting exclusively of direct obligations of the United States or of an agency or instrumentality of the United States, notwithstanding division (A)(1)(c) of that section. The income from investments shall be credited to such special funds or otherwise as the issuer determines in the bond proceedings, and the investments may be sold or exchanged at such times as the issuer determines or authorizes.

(Q) Unless otherwise provided in any applicable bond proceedings, moneys to the credit of or in a special fund shall be disbursed on the order of the issuer, provided that no such order is required for the payment from the bond service fund or other special fund when due of bond service charges or required payments under credit facilities.

(R) The issuer may covenant in the bond proceedings, and any such covenants shall be controlling notwithstanding any other provision of law, that the state and the applicable officers and agencies of the state, including the general assembly, so long as any obligations are outstanding in accordance with their terms, shall maintain statutory authority for and cause to be charged and collected taxes, excises, and other receipts of the state so that the receipts to the bond service fund shall be sufficient in amounts to meet bond service charges and for the establishment and maintenance of any reserves and other requirements, including payment of financing costs, provided for in the bond proceedings.

(S) The obligations, and the transfer of, and the interest and other income from, including any profit made on the sale, transfer, or other disposition of, the obligations shall at all times be free from taxation, direct or indirect, within the state.

(T) Unless a judicial action or proceeding challenging the validity of obligations is commenced by personal service on the treasurer of state prior to the initial delivery of an issue of the obligations, the obligations of that issue and the bond proceedings pertaining to that issue are incontestable and those obligations shall be conclusively considered to be and to have been issued, secured, payable, sold, executed, and delivered, and the bond proceedings relating to them taken, in conformity with law if all of the following apply to the obligations:

(1) They state that they are issued under the provisions of this section and comply on their face with those provisions;

(2) They are issued within the limitations prescribed by this section;

(3) Their purchase price has been paid in full;

(4) They state that all the bond proceedings were held in compliance with law, which statement creates a conclusive presumption that the bond proceedings were held in compliance with all laws, including section 121.22 of the Revised Code, where applicable, and rules.

Sec. 169.02. Subject to division (B) of section 169.01 of the Revised Code, the following constitute unclaimed funds:

(A) Any demand, savings, or matured time deposit account, or matured certificate of deposit, together with any interest or dividend on it, less any lawful claims, which THAT is held or owed by a holder which is a financial organization, unclaimed for a period of five years;

(B) Any funds paid toward the purchase of withdrawable shares or other interest in a financial organization, and any interest or dividends on them, less any lawful claims, which THAT is held or owed by a holder which is a financial organization, unclaimed for a period of five years;

(C) Except as provided in division (A) of section 3903.45 of the Revised Code, moneys held or owed by a holder, including a fraternal association, providing life insurance, including annuity or endowment coverage, unclaimed for five years after becoming payable as established from the records of such holder under any life or endowment insurance policy or annuity contract which THAT has matured or terminated. An insurance policy, the proceeds of which are payable on the death of the insured, not matured by proof of death of the insured is deemed matured and the proceeds payable if such policy was in force when the insured attained the limiting age under the mortality table on which the reserve is based.

Moneys otherwise payable according to the records of such holder are deemed payable although the policy or contract has not been surrendered as required.

(D) Any deposit made to secure payment or any sum paid in advance for utility services of a public utility and any amount refundable from rates or charges collected by a public utility for utility services held or owed by a holder, less any lawful claims, that has remained unclaimed for five years after the termination of the services for which the deposit or advance payment was made or five years from the date the refund was payable, whichever is earlier;

(E) Any EXCEPT AS PROVIDED IN DIVISION (R) OF THIS SECTION, ANY certificates, securities as defined in section 1707.01 of the Revised Code, nonwithdrawable shares, other instruments evidencing ownership, or rights to them or funds paid toward the purchase of them, or any dividend, capital credit, profit, distribution, interest, or payment on principal or other sum, held or owed by a holder, including funds deposited with a fiscal agent or fiduciary for payment of them, unclaimed for five years, except, in the case of instruments representing an ownership interest, unclaimed for seven years.

This division shall not prejudice the rights of fiscal agents or fiduciaries for payment to return the items described in this division to their principals, according to the terms of an agency or fiduciary agreement, but such a return shall constitute the principal as the holder of the items and shall not interrupt the period for computing the time for which the items have remained unclaimed.

In the case of any such funds accruing and held or owed by a corporation under division (E) of section 1701.24 of the Revised Code, such corporation shall comply with this chapter, subject to the limitation contained in section 1701.34 of the Revised Code. The period of time for which such funds have gone unclaimed specified in section 1701.34 of the Revised Code shall be computed, with respect to dividends or distributions, commencing as of the dates when such dividends or distributions would have been payable to the shareholder had such shareholder surrendered his THE certificates for cancellation and exchange by the date specified in the order relating to them.

Capital credits of a cooperative which after January 1, 1972, have been allocated to members and which by agreement are expressly required to be paid if claimed after death of the owner are deemed payable, for the purpose of this chapter, fifteen years after either the termination of service by the cooperative to the owner or upon the nonactivity as provided in division (B) of section 169.01 of the Revised Code, whichever occurs later, provided that this provision does not apply if the payment is not mandatory.

(F) Any sum payable on certified checks or other written instruments certified or issued and representing funds held or owed by a holder, less any lawful claims, that are unclaimed for five years, except, in the case of money orders which are not third party bank checks, that are unclaimed for seven years, and in the case of traveler's checks, that are unclaimed for fifteen years, from the date payable, or from the date of issuance if payable on demand.

As used in this division, "written instruments" include, but are not limited to, certified checks, cashier's checks, bills of exchange, letters of credit, drafts, money orders, and traveler's checks.

If there is no address of record for the owner or other person entitled to the funds, such address is presumed to be the address where the instrument was certified or issued.

(G) All EXCEPT AS PROVIDED IN DIVISION (R) OF THIS SECTION, ALL moneys, rights to moneys, or other intangible property, arising out of the business of engaging in the purchase or sale of securities, or otherwise dealing in intangibles, less any lawful claims, which THAT are held or owed by a holder and which are unclaimed for five years from the date of transaction.

(H) Except as provided in division (A) of section 3903.45 of the Revised Code, all moneys, rights to moneys, and other intangible property distributable in the course of dissolution or liquidation of a holder that are unclaimed for one year after the date set by the holder for distribution;

(I) All moneys, rights to moneys, or other intangible property removed from a safe-deposit box or other safekeeping repository located in this state or removed from a safe-deposit box or other safekeeping repository of a holder, on which the lease or rental period has expired, or any amount arising from the sale of such property, less any lawful claims, that are unclaimed for five years from the date on which the lease or rental period expired;

(J) Subject to division (M)(2) of this section, all moneys, rights to moneys, or other intangible property, and any income or increment on them, held or owed by a holder which is a fiduciary for the benefit of another, or a fiduciary or custodian of a qualified retirement plan or individual retirement arrangement under section 401 or 408 of the Internal Revenue Code, unclaimed for five years after the final date for distribution;

(K) All moneys, rights to moneys, or other intangible property held or owed in this state or held for or owed to an owner whose last known address is within this state, by the United States government or any state, as those terms are described in division (E) of section 169.01 of the Revised Code, unclaimed by the owner for five years, excluding any property in the control of any court in a proceeding in which a final adjudication has not been made;

(L) Amounts payable pursuant to the terms of any policy of insurance, other than life insurance, or any refund available under such a policy, held or owed by any holder, unclaimed for five years from the date payable or distributable;

(M)(1) Subject to division (M)(2) of this section, any funds constituting rents or lease payments due, any deposit made to secure payment of rents or leases, or any sum paid in advance for rents, leases, possible damage to property, unused services, performance requirements, or any other purpose, held or owed by a holder unclaimed for five years;

(2) Any escrow funds, security deposits, or other moneys that are received by a licensed broker in a fiduciary capacity and that, pursuant to division (A)(26) of section 4735.18 of the Revised Code, are required to be deposited into and maintained in a special or trust, noninterest-bearing bank account separate and distinct from any personal or other account of the licensed broker, held or owed by the licensed broker unclaimed for two years.

(N) Any sum payable as wages, salaries, or commissions, any sum payable for services rendered, funds owed or held as royalties, oil and mineral proceeds, funds held for or owed to suppliers, moneys owed under pension and profit-sharing plans, and all other credits, held or owed by any holder unclaimed for one year from date payable or distributable;

(O) Amounts held in respect of or represented by lay-aways sold after January 1, 1972, less any lawful claims, when such lay-aways are unclaimed for three years after the sale of them;

(P) All moneys, rights to moneys, and other intangible property not otherwise constituted as unclaimed funds by this section, including any income or increment on them, less any lawful claims, which are held or owed by any holder, other than a holder which holds a permit issued pursuant to Chapter 3769. of the Revised Code, and which have remained unclaimed for five years after becoming payable or distributable;

(Q) All moneys that arise out of a sale held pursuant to section 5322.03 of the Revised Code, that are held by a holder for delivery on demand to the appropriate person pursuant to division (I) of that section, and that are unclaimed for two years after the date of the sale.

(R)(1) ALL FUNDS, UNCLAIMED FOR A PERIOD OF FIVE YEARS, CONSTITUTING DIVIDENDS, DISTRIBUTIONS, OR OTHER SUMS HELD OR OWED BY A HOLDER IN CONNECTION WITH A SECURITY, INTANGIBLE PROPERTY, OR ANY OTHER ROUTINE OR PERIODIC PAYMENT, PROVIDED:

(a) THE SECURITY OR INTANGIBLE PROPERTY REPRESENTS AN OWNERSHIP INTEREST IN AN INVESTMENT COMPANY REGISTERED UNDER THE "INVESTMENT COMPANY ACT OF 1940," 54 STAT. 789, 15 U.S.C. 80a-1, AS AMENDED;

(b) ALL FUNDS PROVIDE FOR THE AUTOMATIC REINVESTMENT OF THE DIVIDENDS, DISTRIBUTIONS, PAYMENTS, OR OTHER SUMS THAT ARE UNCLAIMED FOR A PERIOD OF FIVE YEARS.

(2) THE FIVE-YEAR PERIOD UNDER DIVISION (R)(1) OF THIS SECTION COMMENCES FROM THE DATE A SECOND SHAREHOLDER NOTIFICATION OR COMMUNICATION MAILING TO THE OWNER OF THE FUNDS IS RETURNED TO THE HOLDER AS UNDELIVERABLE BY THE UNITED STATES POSTAL SERVICE OR OTHER CARRIER. THE NOTIFICATION OR COMMUNICATION MAILING BY THE HOLDER SHALL BE NO LESS FREQUENT THAN QUARTERLY.

(3) AS USED IN DIVISION (R)(1) OF THIS SECTION, "SECURITY" HAS THE SAME MEANING AS IN SECTION 1707.01 of the Revised Code.

All moneys in a personal allowance account, as defined by rules adopted by the department of human services, up to and including the maximum resource limitation, of a medicaid patient who has died after receiving care in a long-term care facility, and for whom there is no identifiable heir or sponsor, are not subject to this chapter.

Sec. 169.03. (A)(1) Every holder of unclaimed funds and, when requested, person which could be the holder of unclaimed funds, under this chapter shall report to the director of commerce with respect to the unclaimed funds as provided in this section. The report shall be verified.

(2) With respect to items of unclaimed funds each having a value of ten dollars or more, the report required under division (A)(1) of this section shall include:

(a) The full name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of unclaimed funds under this chapter;

(b) In the case of unclaimed funds reported by holders providing life insurance coverage, the full name of the insured or annuitant and beneficiary, if any, and their last known addresses according to such holder's records;

(c) The nature and identifying number, if any, or description of the funds and the amount appearing from the records to be due;

(d) The date when the funds became payable, demandable, or returnable and the date of the last transaction with the owner with respect to the funds except with respect to each item of unclaimed funds having a value of less than twenty-five dollars;

(e) Other information which the director prescribes as necessary for the administration of this chapter.

(3) With respect to items of unclaimed funds each having a value of less than ten dollars, the report required under division (A)(1) of this section shall include:

(a) Each category of items of unclaimed funds as described in section 169.02 of the Revised Code;

(b) The number of items of unclaimed funds within each category;

(c) The aggregated value of the items of unclaimed funds within each category.

(B) If the holder of unclaimed funds is a successor to other organizations that previously held the funds for the owner, or if the holder has changed its name while holding the funds, it shall file with the report all prior known names and addresses and date and state of incorporation or formation of each holder of the funds.

(C) The report shall be filed before the first day of November of each year as of the preceding thirtieth day of June, but the report of holders providing life insurance coverage shall be filed before the first day of May of each year as of the preceding thirty-first day of December. The director may postpone, for good cause shown, the reporting date upon written request by any holder required to file a report.

(D) The holder of unclaimed funds under this chapter shall send notice to each owner of each item of unclaimed funds having a value of twenty-five dollars or more at the last known address of the owner as shown by the records of the holder before filing the annual report. In case of holders providing life insurance coverage, such notice shall also be mailed to each beneficiary at the last known address of such beneficiary as shown by the records of such holder, except that such notice to beneficiaries shall not be mailed if such address is the same as that of the insured and the surname of the beneficiary is the same as that of the insured. The holder shall not report an item of unclaimed funds earlier than the thirtieth day after the mailing of notice required by this division.

Such notice shall set forth the nature and identifying number, if any, or description of the funds and the amount appearing on the records of the holder to be due the owner, and shall inform the owner that the funds will, thirty days after the mailing of such notice, be reported as unclaimed funds under this chapter. A self-addressed, stamped envelope shall be included with the notice, with instructions that the owner may use such envelope to inform the holder of his THE OWNER'S continued interest in the funds and, if so informed before the date for making the report to the director, the holder shall not report said funds to the director. The notice shall be mailed by first class mail. If there is no address of record for the owner or other person entitled to the unclaimed funds, the holder is relieved of any responsibility of sending notice, attempting to notify, or notifying the owner. The mailing of notice pursuant to this section shall discharge the holder from any further responsibility to give notice.

(E) Verification of the report and of the mailing of notice, where required, shall be executed by an officer of the reporting holder.

(F) The director may at reasonable times and upon reasonable notice examine or cause to be examined, by auditors of supervisory departments or divisions of the state, the records of any holder to determine compliance with this chapter. THE DIRECTOR MAY ENTER INTO CONTRACTS, PURSUANT TO PROCEDURES PRESCRIBED BY THE DIRECTOR, WITH PERSONS FOR THE SOLE PURPOSE OF EXAMINING THE RECORDS OF HOLDERS, DETERMINING COMPLIANCE WITH THIS CHAPTER, AND COLLECTING, TAKING POSSESSION OF, AND REMITTING TO THE DEPARTMENT'S DIVISION OF UNCLAIMED FUNDS, IN A TIMELY MANNER, THE AMOUNTS FOUND AND DEFINED AS UNCLAIMED. Holders shall retain records, designated by the director as applicable to unclaimed funds, for five years beyond the relevant time period provided in section 169.02 of the Revised Code, or until completion of an audit conducted pursuant to this division, whichever occurs first.

Records audited pursuant to this division are confidential, and shall not be disclosed except as required by section 169.06 of the Revised Code or as the director considers necessary in the proper administration of this chapter.

(G) All holders shall make sufficient investigation of their records to insure that the funds reported to the director are unclaimed as set forth in division (B) of section 169.01 and section 169.02 of the Revised Code.

(H) The expiration of any period of limitations on or after March 1, 1968, within which a person entitled to any moneys, rights to moneys, or intangible property could have commenced an action or proceeding to obtain the same shall not prevent such items from becoming unclaimed funds or relieve the holder thereof of any duty to report and give notice as provided in this section and deliver the same in the manner provided in section 169.05 of the Revised Code, provided that the holder may comply with the provisions of this section and section 169.05 of the Revised Code with respect to any moneys, rights to moneys, or intangible property as to which the applicable statute of limitations has run prior to March 1, 1968, and in such event the holder shall be entitled to the protective provisions of section 169.07 of the Revised Code.

Sec. 169.05. (A) Every holder required to file a report under section 169.03 of the Revised Code shall, at the time of filing, pay to the director of commerce ten per cent of the aggregate amount of unclaimed funds as shown on such report, except for aggregate amounts of fifty dollars or less in which case one hundred per cent shall be paid. Such funds shall MAY be deposited by the director in the state treasury to the credit of the unclaimed funds trust fund, which is hereby created, OR PLACED WITH A FINANCIAL ORGANIZATION. Any interest earned on money in the trust fund shall be credited to the trust fund. The remainder of such aggregate amount of unclaimed funds as shown on such report, plus earnings accrued to date of payment to the director, shall, at the option of the holder DIRECTOR, be retained by the holder or placed with a financial organization, or paid to the director for deposit as agent for the mortgage funds with a financial organization as defined in section 169.01 of the Revised Code, such funds to be in income-bearing accounts to the credit of the mortgage funds, or the holder may enter into an agreement with the director specifying the obligations of the United States in which funds are to be invested, and agree to pay the interest on such obligations to the state. Holders retaining such funds not in obligations of the United States shall enter into an agreement with the director specifying the classification of income-bearing account in which the funds will be held and pay the state interest thereon at a rate equal to the prevailing market rate for similar funds. Moneys which the holder has elected IS REQUIRED to pay to the director rather than to retain may be deposited with the treasurer of state, OR PLACED WITH A FINANCIAL ORGANIZATION.

Securities and other intangible property transferred to the director shall, within a reasonable time, be converted to cash and the proceeds deposited as provided for other funds.

One-half of the funds evidenced by such agreements or in such income-bearing accounts or on deposit with the treasurer of state shall be allocated on the records of the director to the mortgage insurance fund created by section 122.561 of the Revised Code. Out of the remaining half, after allocation of sufficient moneys to the minority business bonding fund to meet the provisions of division (B) of this section, an equal amount shall be allocated to the housing guarantee fund created by division (D) of section 175.10 of the Revised Code and the housing development fund created by division (C) of section 175.10 of the Revised Code.

(B) The director shall serve as agent for the director of development, and as agent for the Ohio housing finance agency, in the making of deposits and withdrawals and maintenance of records pertaining to the minority business bonding fund created by section 122.88 of the Revised Code, the mortgage insurance fund, the housing guarantee fund, and the housing development fund created by division (C) of section 175.10 of the Revised Code. Funds from the mortgage insurance fund shall be available to the director of development when such funds are to be disbursed to prevent or cure, or upon the occurrence of, a default of a mortgage insured pursuant to section 122.451 of the Revised Code. Funds from the housing guarantee fund shall be available to the Ohio housing finance agency when such funds are to be disbursed under a guarantee authorized by section 175.04 of the Revised Code to satisfy a guaranteed mortgage which is in default. Funds from the housing development fund shall be available to the Ohio housing finance agency for the purposes of section 175.04 of the Revised Code when it so requests. Funds from the minority business bonding fund shall be available to the director of development upon request for the purpose of paying obligations on bonds written by the director pursuant to section 122.88 of the Revised Code; except that, unless additional amounts are authorized by the general assembly, the total maximum amount of moneys that may be allocated to the minority business bonding fund under this division is ten million dollars.

When such funds are to be so disbursed, the appropriate agency shall call upon the director to transfer to it the necessary funds. The director shall first withdraw the funds paid to him by the holders and by him deposited with the treasurer of state or in a financial institution as agent for such funds. Whenever these funds are inadequate to meet the request, he THE DIRECTOR shall provide for a withdrawal of funds, within a reasonable time, in such amount as is necessary to meet the request, from financial institutions in which such funds were retained or placed by a holder and from other holders who have retained funds, substantially pro rata to the dollar amount of such funds held by each such holder IN AN EQUITABLE MANNER AS PRESCRIBED BY THE DIRECTOR. In the event that the pro rata amount to be withdrawn from any one such holder is less than five hundred dollars, the amount to be withdrawn shall be at the discretion of the director. The director shall then transfer to the agency the amount of funds requested.

Funds which are deposited in the unclaimed funds trust fund shall be subject to call by the director when necessary to pay claims allowed by the director under section 169.08 of the Revised Code, in accordance with the rules of the director, to defray the necessary costs of making publications required by this chapter, and to pay other operating and administrative expenses incurred by the department of commerce in the administration and enforcement of this chapter.

The unclaimed funds trust fund shall be assessed a proportionate share of the administrative costs of the department of commerce in accordance with procedures prescribed by the director of commerce and approved by the director of budget and management. Such assessment shall be paid from the unclaimed funds trust fund to the division of administration fund.

(C) Earnings on the accounts in financial organizations to the credit of the mortgage funds shall at the option of such a financial organization be credited to such accounts at such times and at such rates as earnings are paid on other accounts of the same classification held in the financial organization or paid to the director. The director shall be notified annually, and at such other times as he THE DIRECTOR may request, of the amount of such earnings credited to the accounts. Interest upon ON unclaimed funds retained by a holder shall be paid to the director or credited as specified in the agreement under which the organization retains the funds. Interest payable to the director under an agreement to invest unclaimed funds and obligations of the United States shall be paid annually by such holder to the director. Any earnings or interest received by the director under this division shall be deposited in and credited to the mortgage funds.

Sec. 169.08. (A) Any person claiming a property interest in unclaimed funds delivered or reported to the state under Chapter 169. of the Revised Code may file a claim thereto on the form prescribed by the director of commerce.

(B) The director shall consider matters relevant to any claim filed under division (A) of this section and shall hold a formal hearing if requested or considered necessary and receive evidence concerning such claim. A finding and decision in writing on each claim filed shall be prepared, stating the substance of any evidence received or heard and the reasons for allowance or disallowance of the claim. The evidence and decision shall be a public record. No statute of limitations shall bar the allowance of a claim.

(C) For the purpose of conducting any hearing, the director may require the attendance of such witnesses and the production of such books, records, and papers as he THE DIRECTOR desires, and he THE DIRECTOR may take the depositions of witnesses residing within or without this state in the same manner as is prescribed by law for the taking of depositions in civil actions in the court of common pleas, and for that purpose the director may issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records, or papers, directed to the sheriff of the county where such witness resides or is found, which shall be served and returned. The fees and mileage of the sheriff and witnesses shall be the same as that allowed in the court of common pleas in criminal cases. Fees and mileage shall be paid from the unclaimed funds trust fund.

(D) Interest is not payable to claimants of unclaimed funds held by the state. Claims shall be paid from the trust fund. If the amount available in the trust fund is not sufficient to pay pending claims, or other amounts disbursable from the trust fund, the treasurer of state shall certify such fact to the director, who shall then withdraw such amount of funds from the mortgage accounts as he THE DIRECTOR determines necessary to reestablish the trust fund to a level required to pay anticipated claims but not more than ten per cent of the net unclaimed funds reported to date.

The director shall retain in the trust fund, as a fee for administering the funds, five per cent of the total amount of unclaimed funds payable to the claimant and may withdraw the funds paid to the director by the holders and deposited by the director with the treasurer of state or in a financial institution as agent for such funds. Whenever these funds are inadequate to meet the requirements for the trust fund, he THE DIRECTOR shall provide for a withdrawal of funds, within a reasonable time, in such amount as is necessary to meet the requirements, from financial institutions in which such funds were retained or placed by a holder and from other holders who have retained funds, substantially pro rata to the dollar amount of such funds held by each such holder IN AN EQUITABLE MANNER AS PRESCRIBED BY THE DIRECTOR. In the event that the pro rata amount to be withdrawn from any one such holder is less than five hundred dollars, the amount to be withdrawn shall be at the discretion of the director. Such funds may be reimbursed in the amounts withdrawn when the trust fund has a surplus over the amount required to pay anticipated claims. Whenever the trust fund has a surplus over the amount required to pay anticipated claims, the director may transfer such surplus to the mortgage accounts.

(E) If a claim which is allowed under this section relates to funds which have been retained by the reporting holder, and if the funds, on deposit with the treasurer of state pursuant to this chapter, are insufficient to pay claims, the director may notify such holder in writing of the payment of the claim and such holder shall immediately reimburse the state in the amount of such claim. The reimbursement shall be credited to the unclaimed funds trust fund.

(F) Any person adversely affected by a decision of the director may appeal such decision in the manner provided in Chapter 119. of the Revised Code.

In the event the claimant prevails, he THE CLAIMANT shall be reimbursed for reasonable attorney's fees and costs.

(G) Notwithstanding anything to the contrary in this chapter, any holder who has paid moneys to or entered into an agreement with the director pursuant to section 169.05 of the Revised Code on certified checks, cashiers' checks, bills of exchange, letters of credit, drafts, money orders, or travelers' checks, may make payment to any person entitled thereto, and upon surrender of the document, except in the case of travelers' checks, and proof of such payment, the director shall reimburse the holder for such payment without interest.

Sec. 171.05. The compensation of all employees of the Ohio retirement study council and other expenses of the council shall be paid upon vouchers signed APPROVED by the director and the chairperson of the council.

The public employees retirement system, the state teachers retirement system, the school employees retirement system, the state highway patrol retirement system, and the police and firemen's disability and pension fund shall pay the annual expenses of the Ohio retirement study council. The council shall prepare and submit to the retirement boards on or before the thirtieth day of June of each year an itemized estimate of the amounts necessary to pay the expenses of the council during the following year. Such expenses shall be charged to and paid by each of the retirement systems in the same ratio as the assets of each system, as of the preceding January first, bear to the total assets of all five systems on that date.

The treasurer of state shall be the custodian of all funds of the council.

Sec. 173.02. The department of aging shall adopt, and may rescind, rules as necessary to carry out the provisions of Chapter 173. OF THE REVISED CODE and may:

(A) Provide technical assistance and consultation to public and private nonprofit agencies with respect to programs, services, and activities for elderly people;

(B) Cooperate with federal agencies, other state agencies or departments, and organizations to conduct studies and surveys on the special problems of the aged in such matters as mental and physical health, housing, transportation, family relationships, employment, income, vocational rehabilitation, recreation, and education; make such reports as are appropriate to the governor and other federal and state agencies; and develop recommendations for administrative or legislative action to alleviate such problems;

(C) Develop and strengthen the services available for the aging in the state by coordinating the existing services provided by federal, state, and local departments and agencies, and private agencies and facilities;

(D) Extend and expand services for the aged through coordinating the interests and efforts of local communities in studying the problems of the aged citizens of this state;

(E) Encourage, promote, and aid in the establishment of programs and services on the local level for the betterment of the living conditions of the aged by making it possible for the aged to more fully enjoy and participate in family and community life;

(F) Sponsor voluntary community rehabilitation and recreational facilities for the purpose of improving the general welfare of the elderly;

(G) Stimulate the training of workers in the field of aging;

(H) Provide consultants to agencies, associations, or individuals providing services supported by the department;

(I) Operate the residential facilities for housing older persons at Worley Terrace in Columbus and Glendale Terrace in Toledo, and provide PROVIDE support which shall include, but not be limited to, financial support for the Martin Janis multipurpose senior center in Columbus;

(J) Recommend methods of improving the effectiveness of state services for elderly citizens;

(K) Adopt rules pursuant to Chapter 119. of the Revised Code to request fees, if not prohibited by any federal or state law, from persons using services or facilities for the elderly that are provided, operated, contracted for, or supported by the department, provided that requesting the fees will not disqualify the department from receiving federal or state funds;

(L) Publish a description of the organization and functions of the department so that all interested agencies and individuals may receive information about, and be better able to solicit assistance from, the department.

Sec. 175.041. THE OHIO HOUSING FINANCE AGENCY SHALL ADOPT RULES PURSUANT TO CHAPTER 119. OF THE REVISED CODE TO GOVERN THE PROCEDURES FOR FUNDING MULTIFAMILY HOUSING THAT IS PROPOSED TO BE CONSTRUCTED WITH THE ASSISTANCE OF THE AGENCY OR PURSUANT TO ANY PROGRAM THE AGENCY OPERATES OR ADMINISTERS. THE RULES SHALL INCLUDE ALL OF THE REQUIREMENTS OF THIS SECTION.

(A) THE AGENCY SHALL NOT APPROVE THE FUNDING FOR ANY MULTIFAMILY HOUSING THAT IS TO BE CONSTRUCTED WITH THE ASSISTANCE OF THE AGENCY OR PURSUANT TO ANY PROGRAM THE AGENCY OPERATES OR ADMINISTERS UNLESS THE SPONSOR OF THE PROJECT HAS PROVIDED NOTICE OF A PROPOSED PROJECT AS REQUIRED BY THIS SECTION. THE NOTICE SHALL BE IN WRITING AND DELIVERED BY CERTIFIED MAIL, AND SHALL INCLUDE THE PROJECT'S ADDRESS, THE NUMBER OF UNITS IN THE PROJECT, A STATEMENT DESCRIBING THE NATURE OF THE PROJECT, A STATEMENT SUMMARIZING THE PROGRAM UNDER WHICH THE HOUSING WOULD BE CONSTRUCTED, AND THE ADDRESS OF THE OHIO HOUSING FINANCE AGENCY AND THE PERSON AT THE AGENCY TO WHOM COMMENTS SHOULD BE DIRECTED. THE NOTICE SHALL INFORM THE RECIPIENTS OF THEIR RIGHT TO SUBMIT, WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE, COMMENTS TO THE OHIO HOUSING FINANCE AGENCY REGARDING THE PROJECT'S IMPACT ON THE COMMUNITY. PERSONS WHOSE APPROVAL OF THE PROJECT IS REQUIRED FOR APPROVAL OF FUNDING, AS SPECIFIED IN DIVISION (B) OF THIS SECTION, AND PERSONS TO WHOM THE AGENCY MUST RESPOND IN WRITING, AS SPECIFIED IN DIVISION (C) OF THIS SECTION, SHALL BE SO NOTIFIED AND INFORMED OF THE REQUIREMENT THAT SUCH APPROVAL OR OBJECTION BE MADE IN WRITING AND SIGNED BY A MAJORITY OF THE VOTING MEMBERS OF THE LEGISLATIVE BODY.

THE SPONSOR OF THE PROJECT SHALL PROVIDE THE NOTICE REQUIRED BY THIS SECTION TO ALL OF THE FOLLOWING PERSONS:

(1) THE SANITARY ENGINEER OF ANY MUNICIPAL CORPORATION, TOWNSHIP, OR COUNTY IN WHICH THE PROJECT WILL BE LOCATED;

(2) THE SUPERINTENDENT OF SCHOOLS OF THE SCHOOL DISTRICT THAT WOULD SERVE THE PROJECT;

(3) THE DIRECTOR OF PUBLIC SAFETY OF ANY MUNICIPAL CORPORATION, TOWNSHIP, OR COUNTY THAT WOULD SERVE THE PROJECT;

(4) ANY PLANNING COMMISSION OR REGIONAL PLANNING COMMISSION THAT HAS AUTHORITY OVER THE AREA IN WHICH THE PROJECT WILL BE LOCATED;

(5) THE MAYOR, MEMBERS OF THE ELECTED LEGISLATIVE BODY, AND CLERK OF ANY MUNICIPAL CORPORATION IN WHICH THE PROJECT IS LOCATED OR THAT IS WITHIN ONE-HALF MILE OF THE PROJECT'S BOUNDARIES;

(6) THE MEMBERS OF THE BOARD OF TOWNSHIP TRUSTEES OF ANY TOWNSHIP IN WHICH THE PROJECT IS LOCATED OR THAT IS WITHIN ONE-HALF MILE OF THE PROJECT'S BOUNDARIES;

(7) THE MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS OF ANY COUNTY IN WHICH THE PROJECT IS LOCATED OR THAT IS WITHIN ONE-HALF MILE OF THE PROJECT'S BOUNDARIES.

(B) THE AGENCY SHALL NOT APPROVE FUNDING FOR THE CONSTRUCTION OF ANY MULTIFAMILY HOUSING THAT IS PROPOSED TO BE CONSTRUCTED WITH THE ASSISTANCE OF THE AGENCY OR PURSUANT TO ANY PROGRAM THE AGENCY OPERATES OR ADMINISTERS, UNLESS THE ELECTED LEGISLATIVE BODY OF THE MUNICIPAL CORPORATION, TOWNSHIP, OR COUNTY THAT HAS JURISDICTION OVER THE AREA IN WHICH THE PROJECT IS LOCATED HAS SUBMITTED A WRITING THAT INDICATES THE APPROVAL OF THE PROJECT BY A MAJORITY OF THE VOTING MEMBERS OF THAT ELECTED LEGISLATIVE BODY.

(C) THE AGENCY SHALL, PRIOR TO APPROVING THE FUNDING OR CONSTRUCTION OF ANY MULTIFAMILY HOUSING THAT IS PROPOSED TO BE CONSTRUCTED WITH THE ASSISTANCE OF THE AGENCY OR PURSUANT TO ANY PROGRAM THE AGENCY OPERATES OR ADMINISTERS, PROVIDE A WRITTEN RESPONSE TO ANY COMMENTS IT RECEIVES THAT WERE SUBMITTED PURSUANT TO DIVISION (A) OF THIS SECTION, SIGNED BY A MAJORITY OF THE MEMBERS OF THE ELECTED LEGISLATIVE BODY OF ANY MUNICIPAL CORPORATION, TOWNSHIP, OR COUNTY WITHIN ONE-HALF MILE OF THE PROJECT'S BOUNDARIES, AND THAT EXPRESS AN OBJECTION TO THE PROJECT AND DISAPPROVAL OF THE PROVISION OF FUNDING TO THE PROJECT BY THE OHIO HOUSING FINANCE AGENCY.

(D) A PUBLIC HEARING SHALL BE HELD TO SOLICIT AND RECEIVE COMMENTS OF RESIDENTS OF THE MUNICIPAL CORPORATIONS, TOWNSHIPS, AND COUNTIES FOR WHICH ANY MULTIFAMILY HOUSING PROJECT WILL BE LOCATED THAT WILL BE CONSTRUCTED WITH THE ASSISTANCE OF THE MULTIFAMILY BOND PROGRAM. NOTICE OF THE PUBLIC HEARING SHALL BE PROVIDED TO ALL PERSONS LISTED IN DIVISION (A) OF THIS SECTION AND BY PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN EACH COUNTY IN WHICH THE PROJECT WILL BE LOCATED. THE PUBLIC HEARING SHALL BE HELD IN THE COUNTY IN WHICH THE PROJECT WILL BE LOCATED.


Sec. 175.21. (A) The low- and moderate-income housing trust fund is hereby created in the state treasury. The fund shall consist of all appropriations, grants, gifts, loan repayments, and contributions of money made from any source to the department of development for the fund. All investment earnings of the fund shall be credited to the fund. The director of development shall allocate a portion of the money in the fund to an account of the Ohio housing finance agency. The department shall administer the fund. The agency shall use money allocated to it in the fund for implementing and administering its programs and duties under sections 175.22 and 175.24 of the Revised Code, and the department shall use the remaining money in the fund for implementing and administering its programs and duties under sections 175.22 to 175.25 of the Revised Code. Use of all money in the fund is subject to the following restrictions: forty-five per cent of the money in the fund shall be used to make grants and loans to nonprofit organizations under section 175.22 of the Revised Code, not less than thirty-five per cent of the money in the fund shall be used to make grants and loans for activities that will provide housing and housing assistance to families and individuals in rural areas and small cities that would be eligible to participate in the small cities program of the community development and block grant program under sections 570.420 to 570.438 of the Code of Federal Regulations, and no more than five per cent of the money in the fund shall be used for administration, AND NO MONEY IN THE FUND SHALL BE USED TO PAY FOR ANY LEGAL SERVICES OTHER THAN THE USUAL AND CUSTOMARY LEGAL SERVICES ASSOCIATED WITH THE ACQUISITION OF HOUSING. Except as otherwise provided by the director under division (B) of this section, money in the fund may be used as matching money for federal funds received by the state, counties, municipal corporations, and townships for the activities listed in section 175.22 of the Revised Code.

(B) If after the second quarter of any year it appears to the director that the full amount of the money in the low- and moderate-income housing trust fund designated in that year for activities that will provide housing and housing assistance to families and individuals in rural areas and small cities under division (A) of this section will not be so used, the director may reallocate all or a portion of that amount for other housing activities. In determining whether or how to reallocate money under this division, the director may consult with and shall receive advice from the housing trust fund advisory committee.

Sec. 177.011. THERE IS HEREBY CREATED IN THE STATE TREASURY THE ORGANIZED CRIME COMMISSION FUND. THE FUND SHALL CONSIST OF MONEYS PAID TO THE TREASURER OF STATE PURSUANT TO THE JUDGMENT OF A COURT IN A CRIMINAL CASE AS REIMBURSEMENT OF EXPENSES THAT THE ORGANIZED CRIME INVESTIGATIONS COMMISSION OR AN ORGANIZED CRIME TASK FORCE ESTABLISHED BY THE COMMISSION INCURRED IN THE INVESTIGATION OF THE CRIMINAL ACTIVITY UPON WHICH THE PROSECUTION OF THE CRIMINAL CASE WAS BASED. ALL INVESTMENT EARNINGS ON MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. THE ORGANIZED CRIME INVESTIGATIONS COMMISSION SHALL USE THE MONEYS IN THE FUND TO REIMBURSE POLITICAL SUBDIVISIONS FOR THE EXPENSES THE POLITICAL SUBDIVISIONS INCUR WHEN THEIR LAW ENFORCEMENT OFFICERS PARTICIPATE IN AN ORGANIZED CRIME TASK FORCE.

Sec. 181.52. (A) There is hereby created an office of criminal justice services. The governor shall appoint a director of the office of criminal justice services, and the director may appoint, within the office, any professional and technical personnel and other employees that are necessary to enable the office to comply with sections 181.51 to 181.56 of the Revised Code. The director and the assistant director of the office, and all professional and technical personnel employed within the office who are not public employees as defined in section 4117.01 of the Revised Code, shall be in the unclassified civil service, and all other persons employed within the office shall be in the classified civil service. The director may enter into any contracts, except contracts governed by Chapter 4117. of the Revised Code, that are necessary for the operation of the office of criminal justice services.

(B) Subject to division (D) of this section AND SUBJECT TO DIVISIONS (D) TO (F) OF SECTION 5120.09 of the Revised Code INSOFAR AS THOSE DIVISIONS RELATE TO FEDERAL CRIMINAL JUSTICE ACTS THAT THE GOVERNOR REQUIRES THE DEPARTMENT OF REHABILITATION AND CORRECTION TO ADMINISTER, the office of criminal justice services shall DO ALL OF THE FOLLOWING:

(1) Serve as the state criminal justice services agency and perform criminal and juvenile justice system planning in the state, including any planning that is required by any federal law;

(2) Collect, analyze, and correlate information and data concerning the criminal and juvenile justice systems in the state;

(3) Cooperate with and provide technical assistance to state departments, administrative planning districts, metropolitan county criminal justice services agencies, criminal justice coordinating councils, agencies, offices, and departments of the criminal and juvenile justice systems in the state, and other appropriate organizations and persons;

(4) Encourage and assist agencies, offices, and departments of the criminal and juvenile justice systems in the state and other appropriate organizations and persons to solve problems that relate to the duties of the office;

(5) Administer within the state any federal criminal justice acts or juvenile justice acts that the governor requires it to administer;

(6) Implement the state comprehensive plans;

(7) Audit grant activities of agencies, offices, organizations, and persons that are financed in whole or in part by funds granted through the office;

(8) Monitor or evaluate the performance of criminal and juvenile justice systems projects and programs in the state that are financed in whole or in part by funds granted through the office;

(9) Apply for, allocate, disburse, and account for grants that are made available pursuant to federal criminal justice acts or juvenile justice acts, or made available from other federal, state, or private sources, to improve the criminal and juvenile justice systems in the state;

(10) Contract with federal, state, and local agencies, foundations, corporations, businesses, and persons when necessary to carry out the duties of the office;

(11) Oversee the activities of metropolitan county criminal justice services agencies, administrative planning districts, and criminal justice coordinating councils in the state;

(12) Advise the general assembly and governor on legislation and other significant matters that pertain to the improvement and reform of criminal and juvenile justice systems in the state;

(13) Prepare and recommend legislation to the general assembly and governor for the improvement of the criminal and juvenile justice systems in the state;

(14) Assist, advise, and make any reports that are requested or required by the governor, attorney general, or general assembly;

(15) Adopt rules pursuant to Chapter 119. of the Revised Code.

(C) Division (B) of this section does not limit, and shall not be construed as limiting, the discretion or authority of the attorney general with respect to crime victim assistance and criminal justice programs.

(D) Nothing in this section is intended to diminish or alter the status of the office of the attorney general as a criminal justice services agency.

Sec. 307.86. Anything to be purchased, leased, leased with an option or agreement to purchase, or constructed, including, but not limited to, any product, structure, construction, reconstruction, improvement, maintenance, repair, or service, except the services of an accountant, architect, attorney at law, physician, professional engineer, construction project manager, consultant, surveyor, or appraiser by or on behalf of the county or contracting authority, as defined in section 307.92 of the Revised Code, at a cost in excess of fifteen thousand dollars, except as otherwise provided in division (D) of section 713.23 and in sections 125.04, 307.022, 307.041, 307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 5713.01, and 6137.05 of the Revised Code, shall be obtained through competitive bidding. However, competitive bidding is not required when:

(A) The board of county commissioners, by a unanimous vote of its members, makes a determination that a real and present emergency exists and such determination and the reasons therefor are entered in the minutes of the proceedings of the board, when:

(1) The estimated cost is less than fifty thousand dollars; or

(2) There is actual physical disaster to structures, radio communications equipment, or computers.

Whenever a contract of purchase, lease, or construction is exempted from competitive bidding under division (A)(1) of this section because the estimated cost is less than fifty thousand dollars, but the estimated cost is fifteen thousand dollars or more, the county or contracting authority shall solicit informal estimates from no fewer than three persons who could perform the contract, before awarding the contract. With regard to each such contract, the county or contracting authority shall maintain a record of such estimates, including the name of each person from whom an estimate is solicited, for no less than one year after the contract is awarded.

(B) The purchase consists of supplies or a replacement or supplemental part or parts for a product or equipment owned or leased by the county and the only source of supply for such supplies, part, or parts is limited to a single supplier.

(C) The purchase is from the federal government, state, another county or contracting authority thereof, a board of education, township, or municipal corporation.

(D) Public social services are purchased for provision by the county department of human services under section 329.04 of the Revised Code or program services, such as direct and ancillary client services, child day-care, case management services, residential services, and family resource services, are purchased for provision by a county board of mental retardation and developmental disabilities under section 5126.05 of the Revised Code.

(E) The purchase consists of human and social services by the board of county commissioners from nonprofit corporations or associations under programs which are funded entirely by the federal government.

(F) The purchase consists of any form of an insurance policy or contract authorized to be issued under Title XXXIX of the Revised Code or any form of health care contract or plan authorized to be issued under Chapter 1736., 1737., 1740., or 1742. of the Revised Code, or any combination of such policies, contracts, or plans that the contracting authority is authorized to purchase, and the contracting authority does all of the following:

(1) Determines that compliance with the requirements of this section would increase, rather than decrease, the cost of such purchase;

(2) Employs a competent consultant to assist the contracting authority in procuring appropriate coverages at the best and lowest prices;

(3) Requests issuers of such policies, contracts, or plans to submit proposals to the contracting authority, in a form prescribed by the contracting authority, setting forth the coverage and cost of such policies, contracts, or plans as the contracting authority desires to purchase;

(4) Negotiates with such issuers for the purpose of purchasing such policies, contracts, or plans at the best and lowest price reasonably possible.

(G) The purchase consists of computer hardware, software, or consulting services that are necessary to implement a computerized case management automation project administered by the Ohio prosecuting attorneys association and funded by a grant from the federal government.

(H) Child day-care services are purchased for provision to county employees.

(I)(1) Property, including land, buildings, and other real property, is leased for offices, storage, parking, or other purposes and all of the following apply:

(a) The contracting authority is authorized by the Revised Code to lease the property;

(b) The contracting authority develops requests for proposals for leasing the property, specifying the criteria that will be considered prior to leasing the property, including the desired size and geographic location of the property;

(c) The contracting authority receives responses from prospective lessors with property meeting the criteria specified in the requests for proposals by giving notice in a manner substantially similar to the procedures established for giving notice under section 307.87 of the Revised Code;

(d) The contracting authority negotiates with the prospective lessors to obtain a lease at the best and lowest price reasonably possible considering the fair market value of the property and any relocation and operational costs that may be incurred during the period the lease is in effect.

(2) The contracting authority may use the services of a real estate appraiser to obtain advice, consultations, or other recommendations regarding the lease of property under this division.

(J) THE PURCHASE IS MADE PURSUANT TO SECTION 5139.34 OR SECTIONS 5139.41 TO 5139.46 of the Revised Code AND IS OF PROGRAMS OR SERVICES THAT PROVIDE CASE MANAGEMENT, TREATMENT, OR PREVENTION SERVICES TO ANY FELONY OR MISDEMEANANT DELINQUENT, UNRULY YOUTH, OR STATUS OFFENDER UNDER THE SUPERVISION OF THE JUVENILE COURT, INCLUDING, BUT NOT LIMITED TO, SUCH SERVICES AS COMMUNITY RESIDENTIAL CARE, DAY TREATMENT, SERVICES TO CHILDREN IN THEIR HOME, OR ELECTRONIC MONITORING.

Any issuer of policies, contracts, or plans listed in division (F) of this section and any prospective lessor under division (I) of this section may have his THE ISSUER'S OR PROSPECTIVE CONTRACTOR'S name and address, or the name and address of an agent, placed on a special notification list to be kept by the contracting authority, by sending the contracting authority such name and address. The contracting authority shall send notice to all persons listed on the special notification list. Notices shall state the deadline and place for submitting proposals. The contracting authority shall mail the notices at least six weeks prior to the deadline set by the contracting authority for submitting such proposals. Every five years the contracting authority may review this list and remove any person from the list after mailing the person notification of such action.

Any contracting authority that negotiates a contract under division (F) of this section shall request proposals and renegotiate with issuers in accordance with that division at least every three years from the date of the signing of such a contract.

Any consultant employed pursuant to division (F) of this section and any real estate appraiser employed pursuant to division (I) of this section shall disclose any fees or compensation received from any source in connection with that employment.

Sec. 321.46. (A) To enhance the background and working knowledge of county treasurers in governmental accounting, portfolio reporting and compliance, investments, and cash management, the auditor of state and the treasurer of state shall conduct education programs for persons elected for the first time to the office of county treasurer and shall hold annual continuing education programs for persons who continue to hold the office of county treasurer. Education programs for newly elected county treasurers shall be held between the first day of December and the first Monday of September next following that person's election to the office of county treasurer. Similar initial training may also be provided to any county treasurer who is appointed to fill a vacancy or who is elected at a special election.

(B)(1) The auditor of state shall determine the manner and content of the education programs in the subject areas of governmental accounting and portfolio reporting and compliance. In those areas, newly elected county treasurers shall be required to take at least thirteen hours of education before taking office.

(2) The treasurer of state shall determine the manner and content of the education programs in the subject areas of investments and cash management. In those areas, newly elected county treasurers shall be required to take at least thirteen hours of education before taking office.

(3) After completing one year in office, a county treasurer shall be required to take not less than twelve hours annually of continuing education. The treasurer of state shall determine the manner and content of the education programs in the subject areas of investments, cash management, the collection of taxes, ethics, and any other subject area that the treasurer of state determines is reasonably related to the duties of the office of the county treasurer. The auditor of state shall determine the manner and content of the education programs in the subject areas of governmental accounting, portfolio reporting and compliance, office management, and any other subject area that the auditor of state determines is reasonably related to the duties of the office of the county treasurer.

(C) The auditor of state and the treasurer of state may EACH charge counties a registration fee that will meet actual and necessary expenses of the training of county treasurers, including instructor fees, site acquisition costs, and the cost of course materials. The necessary personal expenses of county treasurers as a result of attending the training programs shall be borne by the counties the treasurers represent.

(D) The auditor of state and the treasurer of state may allow any other interested person to attend any of the education programs that are held pursuant to this section, provided that before attending any such education program, the interested person shall pay to either the auditor of state or the treasurer of state, AS APPROPRIATE, the full registration fee set for the education program.

(E) A county treasurer who fails to complete the initial or continuing education programs required by this section without a valid health-related excuse or other special hardship shall be restricted to investing in the Ohio subdivision's fund pursuant to division (A)(6) of section 135.35 of the Revised Code or in time certificate of deposits or deposit accounts pursuant to division (A)(3) of section 135.35 of the Revised Code. A county treasurer who has failed to complete the initial or continuing education programs and invests in other than the investments permitted by this division shall be subject to removal from office upon complaint and investigation by the county prosecuting attorney, a hearing, and a resolution adopted by the board of county commissioners approving the removal from office.

(F)(1) There is hereby created in the state treasury the county treasurer education fund, to be used by the auditor of state and the treasurer of state for the actual and necessary expenses of any education programs held pursuant to this section. All registration fees collected BY THE TREASURER OF STATE under this section shall be paid into the THAT fund.

(2) ALL REGISTRATION FEES COLLECTED BY THE AUDITOR OF STATE UNDER THIS SECTION SHALL BE PAID INTO THE AUDITOR OF STATE TRAINING PROGRAM FUND ESTABLISHED UNDER SECTION 117.44 of the Revised Code.

(G) The treasurer of state, with the advice and consent of the auditor of state, may adopt reasonable rules not inconsistent with this section for the implementation of this section.

Sec. 329.04. (A) The county department of human services shall have, exercise, and perform, under the control and direction of the board of county commissioners, the following powers and duties:

(A) To be (1) BE the "county administration" for all purposes of Chapter 5107. of the Revised Code;

(B)(1) To perform (2) PERFORM any duties assigned by the department of human services regarding the provision of public social services, including the provision of services authorized under Title IV-A and Title XX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, to prevent or reduce economic or personal dependency and to strengthen family life, or, if the county department is designated as the child support enforcement agency under section 2301.35 of the Revised Code, to perform or contract with other government agencies to perform services authorized under Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended.;

(2) The county department of human services shall, in the development of the county plan for the administration of public social services under Title XX of the "Social Security Act," 88 Stat. 2337, 42 U.S.C. 1397, as amended, do both of the following:

(a) Consider the comments and recommendations made during local public hearings held under section 329.07 of the Revised Code;

(b) Prepare a local needs report analyzing local need for Title XX services in compliance with the guidelines developed by the department of human services pursuant to section 5101.461 of the Revised Code. The county department of human services shall consider the local needs report in the development of the county Title XX plan.

The plan shall list the services for which descriptions are established under division (D)(4) of section 5101.46 of the Revised Code that will be provided by the county with Title XX funds and the eligibility categories listed under divisions (E)(1), (2), and (3) of section 5101.46 of the Revised Code that will be provided with each of these services.

(3) The county department, upon approval of the comprehensive social services program plan by the general assembly under section 5101.461 of the Revised Code and prior to the effective date of the plan, shall take steps necessary to ensure the efficient administration of public social services under the plan, including the negotiation of contracts with providers of services and the performance of other duties assigned to it by the department of human services.

(C) To administer ADMINISTER disability assistance under Chapter 5115. of the Revised Code as required by the state department of human services;

(D) To administer (4) ADMINISTER burials insofar as the administration of burials was, prior to September 12, 1947, imposed upon the board OF COUNTY COMMISSIONERS AND IF OTHERWISE REQUIRED BY STATE LAW;

(E) To cooperate (5) COOPERATE with state and federal authorities in any matter relating to human services and to act as the agent of such authorities;

(F) To submit (6) SUBMIT an annual account of its work and expenses to the board OF COUNTY COMMISSIONERS and to the department of human services at the close of each fiscal year;

(G) To exercise (7) EXERCISE any powers and duties relating to human services imposed upon the county department of human services by law, by resolution of the board of county commissioners, or by order of the governor, when authorized by law, to meet emergencies during war or peace. The board may designate the county department of human services to exercise and perform any additional human services powers and duties which the board has.

(H) To determine;

(8) DETERMINE the eligibility for medical assistance of recipients of aid under Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended;

(I)(9) If the county department is designated as the child support enforcement agency under section 2301.35 of the Revised Code, to operate the agency in accordance with sections 2301.34 to 2301.44 of the Revised Code.

(B) THE POWERS AND DUTIES OF A COUNTY DEPARTMENT OF HUMAN SERVICES ARE, AND SHALL BE EXERCISED AND PERFORMED, UNDER THE CONTROL AND DIRECTION OF THE BOARD OF COUNTY COMMISSIONERS. THE BOARD MAY ASSIGN TO THE COUNTY DEPARTMENT ANY POWER OR DUTY OF THE BOARD REGARDING HUMAN SERVICES.

Sec. 329.06. The board of county commissioners shall appoint a county welfare advisory board HUMAN SERVICES PLANNING COMMITTEE. The board shall have not less than nine nor more than seventeen members, the majority of whom shall be consumers of services offered by the county department of human services or by nonprofit private or public agencies under contract with the department, or representatives of such consumers. One member shall be the juvenile judge, or his designee. At least one member shall be a representative, other than an employee, of a nonpublic agency providing health or social services in the county, two shall be members of the county children services board in counties where there is such a board, and at least one shall be a social worker. At least one member shall be over sixty years of age. The members from the county children services board shall be appointed by the county children services board and the other members, excluding the juvenile judge or his designee, shall be appointed by the board of county commissioners. The terms of office of all members except the juvenile judge or his designee shall be for three years. The executive directors of the board of alcohol, drug addiction, and mental health services and the county children services board and the superintendent of the county board of mental retardation and developmental disabilities shall be ex officio nonvoting members of the board.

The board of county commissioners shall remove from membership on the county welfare advisory board any person having three consecutive unexcused absences from regular meetings, as "unexcused absences" are defined by the advisory board.

Each person appointed shall serve until his successor is appointed and qualified. Any vacancy shall be filled for the unexpired term in the same manner as an original appointment. Members of the county welfare advisory board shall serve as such without compensation, except that they shall receive reimbursement for necessary and actual expenses incurred in the performance of their duties. THE BOARD OF COUNTY COMMISSIONERS SHALL DETERMINE THE COMMITTEE'S MEMBERSHIP. THE MEMBERSHIP SHALL BE BROADLY REPRESENTATIVE OF PUBLIC AGENCIES SERVING THE COUNTY, INCLUDING THE COUNTY DEPARTMENT OF HUMAN SERVICES; THE COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES; THE BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES; BOARDS OF HEALTH; BOARDS OF EDUCATION; AND ANY OTHER PUBLIC AGENCIES CONSIDERED APPROPRIATE BY THE BOARD OF COUNTY COMMISSIONERS. THE MEMBERSHIP SHALL ALSO BE BROADLY REPRESENTATIVE OF PRIVATE ENTITIES THAT SERVE OR ADVOCATE FOR RECIPIENTS OF SOCIAL SERVICES, INCLUDING ENTITIES THAT SERVE OR ADVOCATE FOR RECIPIENTS OF ASSISTANCE UNDER CHAPTER 5107. OF THE REVISED CODE AND ANY OTHER PRIVATE ENTITIES CONSIDERED APPROPRIATE BY THE BOARD OF COUNTY COMMISSIONERS. THE MEMBERSHIP SHALL INCLUDE INTERESTED RESIDENTS OF THE COUNTY, INCLUDING, BUT NOT LIMITED TO, INDIVIDUALS WHO REPRESENT COMMUNITY, BUSINESS, AND AGRICULTURAL INTERESTS.

THE COUNTY HUMAN SERVICES PLANNING COMMITTEE SHALL MAKE RECOMMENDATIONS TO THE BOARD OF COUNTY COMMISSIONERS REGARDING THE USE OF FEDERAL, STATE, AND LOCAL FUNDS AVAILABLE FOR SOCIAL SERVICES PROGRAMS, INCLUDING ASSISTANCE UNDER CHAPTER 5107. OF THE REVISED CODE, PUBLICLY FUNDED CHILD DAY-CARE UNDER CHAPTER 5104. OF THE REVISED CODE, SOCIAL SERVICES PROVIDED UNDER SECTIONS 5101.46 AND 5101.461 TO 5101.464 OF THE REVISED CODE, AND ANY OTHER SOCIAL SERVICES PROVIDED IN THE COUNTY.

THE APPOINTMENT OF A COUNTY HUMAN SERVICES PLANNING COMMITTEE UNDER THIS SECTION DOES NOT PRECLUDE A COUNTY DEPARTMENT OF HUMAN SERVICES OR A DIVISION OF THE COUNTY DEPARTMENT FROM ESTABLISHING COMMITTEES COMPRISED OF CITIZENS TO ADVISE THE COUNTY DEPARTMENT ON VARIOUS SUBJECTS OR PROGRAMS.

Sec. 718.01. (A) As used in this chapter:

(1) "Internal Revenue Code" means the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.

(2) "Schedule C" means internal revenue service schedule C filed by a taxpayer pursuant to the Internal Revenue Code.

(3) "Form 2106" means internal revenue service form 2106 filed by a taxpayer pursuant to the Internal Revenue Code.

(4) "Intangible income" means income of any of the following types: income yield, interest, dividends, or other income arising from the ownership, sale, exchange, or other disposition of intangible property including, but not limited to, investments, deposits, money, or credits as those terms are defined in Chapter 5701. of the Revised Code.

(B) No municipal corporation with respect to that income which it may tax shall tax such income at other than a uniform rate.

(C) No municipal corporation shall levy a tax on income at a rate in excess of one per cent without having obtained the approval of the excess by a majority of the electors of the municipality voting on the question at a general, primary, or special election. The legislative authority of the municipal corporation shall file with the board of elections at least seventy-five days before the day of the election a copy of the ordinance together with a resolution specifying the date the election is to be held and directing the board of elections to conduct the election. The ballot shall be in the following form: "Shall the Ordinance providing for a ... per cent levy on income for (Brief description of the purpose of the proposed levy) be passed?

FOR THE INCOME TAX

AGAINST THE INCOME TAX"

In the event of an affirmative vote, the proceeds of the levy may be used only for the specified purpose.

(D) No (1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(2) OF THIS SECTION, NO municipal corporation shall exempt from such A tax ON INCOME, compensation for personal services of individuals over eighteen years of age or the net profit from a business or profession.

(2) THE LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION MAY, BY ORDINANCE OR RESOLUTION, EXEMPT FROM A TAX ON INCOME ANY COMPENSATION ARISING FROM THE GRANT, SALE, EXCHANGE, OR OTHER DISPOSITION OF A STOCK OPTION; THE EXERCISE OF A STOCK OPTION; OR THE SALE, EXCHANGE, OR OTHER DISPOSITION OF STOCK PURCHASED UNDER A STOCK OPTION.

(E) Nothing in this section shall prevent a municipal corporation from permitting lawful deductions as prescribed by ordinance. If a taxpayer's taxable income includes income against which the taxpayer has taken a deduction for federal income tax purposes as reportable on the taxpayer's form 2106, and against which a like deduction has not been allowed by the municipal corporation, the municipal corporation shall deduct from the taxpayer's taxable income an amount equal to the deduction shown on such form allowable against such income, to the extent not otherwise so allowed as a deduction by the municipal corporation. In the case of a taxpayer who has a net profit from a business or profession that is operated as a sole proprietorship, no municipal corporation may tax or use as the base for determining the amount of the net profit that shall be considered as having a taxable situs in the municipal corporation, a greater amount than the net profit reported by the taxpayer on schedule C filed in reference to the year in question as taxable income from such sole proprietorship, except as otherwise specifically provided by ordinance or regulation.

(F) No municipal corporation shall tax any of the following:

(1) The military pay or allowances of members of the armed forces of the United States;

(2) The income of religious, fraternal, charitable, scientific, literary, or educational institutions to the extent that such income is derived from tax exempt real estate, tax exempt tangible or intangible property or tax exempt activities;

(3) Except as otherwise provided in division (G) of this section, intangible income;

(4) Compensation paid under section 3501.28 or 3501.36 of the Revised Code to a person serving as a precinct election official, to the extent that such compensation does not exceed one thousand dollars annually. Such compensation in excess of one thousand dollars may be subjected to taxation by a municipal corporation. A municipal corporation shall not require the payer of such compensation to withhold any tax from that compensation.

(5) Compensation paid to an employee of a transit authority, regional transit authority, or regional transit commission created under Chapter 306. of the Revised Code for operating a transit bus or other motor vehicle for the authority or commission in or through the municipal corporation, unless the bus or vehicle is operated on a regularly scheduled route, the operator is subject to such a tax by reason of residence or domicile in the municipal corporation, or the headquarters of the authority or commission is located within the municipal corporation.

(G) Any municipal corporation that taxes any type of intangible income on March 29, 1988, pursuant to Section 3 of Amended Substitute Senate Bill No. 238 of the 116th General Assembly, may continue to tax that type of income after 1988 if a majority of the electors of the municipal corporation voting on the question of whether to permit the taxation of that type of intangible income after 1988 vote in favor thereof at an election held on November 8, 1988.

(H) Nothing in this section or section 718.02 of the Revised Code, shall authorize the levy of any tax on income which a municipal corporation is not authorized to levy under existing laws or shall require a municipal corporation to allow a deduction from taxable income for losses incurred from a sole proprietorship or partnership.

Sec. 901.21. THE DIRECTOR OF AGRICULTURE MAY ACQUIRE CONSERVATION EASEMENTS, AS DEFINED IN SECTION 5301.67 OF THE REVISED CODE, BY GIFT, DEVISE, BEQUEST, GRANT, PURCHASE, OR LEASE. THE DIRECTOR MAY SO ACQUIRE OR ACQUIRE THE USE OF BUILDINGS, STRUCTURES, OR STATIONARY EQUIPMENT LOCATED ON LAND SUBJECT TO A CONSERVATION EASEMENT HELD BY THE DIRECTOR THAT IS NECESSARY OR APPROPRIATE FOR THE USE OF THE LAND IN AGRICULTURE OR IN HORTICULTURAL, SILVICULTURAL, OR OTHER FARMING OR FOREST PRODUCTION.

Sec. 901.41. AS USED IN THIS SECTION AND IN SECTION 901.42 OF THE REVISED CODE:

(A) "DIRECTOR" MEANS THE DIRECTOR OF AGRICULTURE OR THE DESIGNEE OF THE DIRECTOR OF AGRICULTURE.

(B) "EXHIBITION" MEANS A DISPLAY OF ANIMALS THAT IS OPEN TO THE PUBLIC.

(C) "NATIONAL EXHIBITION" MEANS AN EXHIBITION WHERE SPECIES FROM FIFTEEN OR MORE STATES OR NATIONS ARE EXHIBITED.

(D) "NONPROFIT ASSOCIATION" MEANS ANY CORPORATION, SOCIETY, PARTNERSHIP, OR OTHER ORGANIZATION FORMED UNDER THE LAWS OF THIS STATE OR ANOTHER STATE OR NATION PROVIDING FOR THE ESTABLISHMENT AND GOVERNANCE OF NONPROFIT ENTITIES.

(E) "OHIO EXPOSITIONS CENTER" MEANS THE PROPERTY THAT IS HELD BY THIS STATE FOR THE PURPOSE OF CONDUCTING FAIRS, EXPOSITIONS, AND EXHIBITS AND THAT IS MAINTAINED AND MANAGED BY THE OHIO EXPOSITIONS COMMISSION UNDER SECTION 991.03 OF THE REVISED CODE.

(F) "PREMIUM AWARDS" MEANS MONEY, RIBBONS, BANNERS, MEDALS, ACHIEVEMENT PINS, TROPHIES, OR MERCHANDISE PRESENTED FOR ANIMALS OF SUPERIOR QUALITY.

(G) "RENTAL COSTS" MEANS THE COSTS ASSOCIATED WITH THE RENTAL OF THE FACILITIES, OR A PORTION THEREOF, AT THE OHIO EXPOSITIONS CENTER, INCLUDING, WITHOUT LIMITATION, GROUNDS, BUILDINGS, PENS, ANIMAL FEEDING OR WATERING EQUIPMENT, AND TIEOUTS. "RENTAL COSTS" ALSO INCLUDE LABOR COSTS ASSOCIATED WITH SET-UP, TEAR-DOWN, AND SECURITY.

(H) "SPECIES" MEANS DAIRY CATTLE, BEEF CATTLE, SWINE, AND SHEEP.

Sec. 901.42. (A) THE DIRECTOR OF AGRICULTURE MAY PROVIDE FINANCIAL ASSISTANCE TO A STATEWIDE, MULTI-STATE, OR NATIONAL NONPROFIT LIVESTOCK ASSOCIATION TO DEFRAY NOT MORE THAN FIFTY PER CENT OF THE RENTAL COSTS OF THE OHIO EXPOSITIONS CENTER FOR PURPOSES OF CONDUCTING A LIVESTOCK SPECIES EXHIBITION AT THE CENTER. IN ORDER TO OBTAIN FINANCIAL ASSISTANCE UNDER THIS DIVISION, A NONPROFIT LIVESTOCK ASSOCIATION SHALL APPLY TO THE DIRECTOR ON A FORM PRESCRIBED BY THE DIRECTOR AND IN THE MANNER PRESCRIBED IN RULES ADOPTED UNDER DIVISION (D) OF THIS SECTION.

RENTAL COST ASSISTANCE AUTHORIZED BY THIS DIVISION SHALL BE PROVIDED SUBJECT TO BOTH OF THE FOLLOWING CONDITIONS:

(1) NO NONPROFIT LIVESTOCK ASSOCIATION SHALL RECEIVE IN ANY FISCAL YEAR RENTAL COST ASSISTANCE EXCEEDING THIRTY-FOUR PER CENT OF THE FUNDS AVAILABLE TO THE DIRECTOR IN THAT FISCAL YEAR FOR THE PURPOSES OF THIS SECTION AND DESIGNATED FOR THE PURPOSE OF DEFRAYING RENTAL COSTS FOR LIVESTOCK SPECIES EXHIBITIONS.

(2) THE RENTAL COST ASSISTANCE SHALL BE PAID BY THE DIRECTOR TO THE OHIO EXPOSITIONS COMMISSION ON BEHALF OF THE NONPROFIT LIVESTOCK ASSOCIATION BY MEANS OF INTRASTATE TRANSFER VOUCHER.

(B) THE DIRECTOR MAY ALLOCATE NOT MORE THAN FIFTY THOUSAND DOLLARS OF THE MONEYS AVAILABLE FOR THE PURPOSES OF THIS SECTION IN A FISCAL YEAR TO PROVIDE FINANCIAL ASSISTANCE TO A NONPROFIT LIVESTOCK ASSOCIATION TO DEFRAY THE COSTS OF PREMIUM AWARDS FOR A NATIONAL MULTISPECIES EXHIBITION HELD AT THE OHIO EXPOSITIONS CENTER. IN ORDER TO OBTAIN FINANCIAL ASSISTANCE UNDER THIS DIVISION, A NONPROFIT LIVESTOCK ASSOCIATION SHALL APPLY TO THE DIRECTOR ON A FORM PRESCRIBED BY THE DIRECTOR AND IN THE MANNER PRESCRIBED IN RULES ADOPTED UNDER DIVISION (D) OF THIS SECTION.

(C) THE DIRECTOR MAY EXPEND NOT MORE THAN FOUR PER CENT OF THE MONEYS AVAILABLE FOR THE PURPOSES OF THIS SECTION IN A FISCAL YEAR TO DEFRAY THE COSTS TO THE DEPARTMENT OF AGRICULTURE FOR ADMINISTERING THIS SECTION OR TO ASSIST IN RECRUITING LIVESTOCK EXHIBITIONS TO BE HELD AT THE OHIO EXPOSITIONS CENTER.

(D) THE DIRECTOR, IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, SHALL ADOPT RULES TO CARRY OUT THIS SECTION, INCLUDING, WITHOUT LIMITATION, RULES ESTABLISHING PROCEDURES FOR THE ALLOCATION AND DISTRIBUTION OF MONEYS AVAILABLE FOR THE PURPOSES OF THIS SECTION.

Sec. 924.10. (A) There is hereby established in the state treasury a fund for each marketing program that is established by the director of agriculture pursuant to this chapter. Except as authorized in division (B) of this section, all moneys collected by the department of agriculture from each marketing program pursuant to section 924.09 of the Revised Code shall be paid into the fund for the marketing program and shall be disbursed only pursuant to a voucher signed APPROVED by the director for use in defraying the costs of administration of the marketing program and for carrying out sections 924.02, 924.03, and 924.13 of the Revised Code.

(B) In lieu of deposits in the fund established pursuant to division (A) of this section, the operating committee of any marketing program established pursuant to this chapter may deposit all moneys collected pursuant to section 924.09 of the Revised Code with a bank or a savings and loan association as defined in sections 1101.01 and 1151.01 of the Revised Code. All moneys collected pursuant to section 924.09 of the Revised Code and deposited pursuant to this division also shall be used only in defraying the costs of administration of the marketing program and for carrying out sections 924.02, 924.03, and 924.13 of the Revised Code.

(C) Each operating committee shall establish a fiscal year for its marketing program and shall publish within sixty days of the end of each fiscal year an activity and financial report and make such report available to each producer who pays an assessment or otherwise contributes to the marketing program which the committee administers, and to other interested persons.

(D) In addition to the reports required by division (C) of this section, any marketing program that deposits moneys in accordance with division (B) of this section shall submit to the director all BOTH of the following:

(1) Annually, a financial statement prepared by a certified public accountant holding valid certification A LIVE PERMIT from the Ohio board of accountancy BOARD issued pursuant to Chapter 4701. of the Revised Code. The marketing program shall file the financial statement with the director not more than sixty days after the end of each fiscal year.

(2) Monthly, an unaudited financial statement.

Sec. 1309.32. (A) In this section and in the provisions of sections 1309.38 to 1309.43 of the Revised Code referring to fixture filing, unless the context otherwise requires:

(1) Goods are "fixtures" when they become so related to particular real estate that an interest in them arises under real estate law.

(2) A "fixture filing" is the filing in the office where a mortgage on the real estate would be filed or recorded of a financing statement covering goods which THAT are or are to become fixtures and conforming to the requirements of division (E)(D) of section 1309.39 of the Revised Code.

(3) A mortgage is a "construction mortgage" to the extent that it secures an obligation incurred for the construction of an improvement on land including the acquisition cost of the land, if the recorded writing so indicates.

(B) A security interest under sections 1309.01 to 1309.50 of the Revised Code may be created in goods which are fixtures or may continue in goods which become fixtures, but no security interest exists under sections 1309.01 to 1309.50 of the Revised Code in ordinary building materials incorporated into an improvement on land.

(C) Sections 1309.01 to 1309.50 of the Revised Code do not prevent creation of an encumbrance upon fixtures pursuant to real estate law.

(D)(1) A perfected security interest in fixtures has priority over the conflicting interest of an encumbrancer or owner of the real estate where:

(a) The security interest is a purchase money security interest, the interest of the encumbrancer or owner arises before the goods become fixtures, the security interest is perfected by a fixture filing before the goods become fixtures or within ten days thereafter, and the debtor has an interest of record in the real estate or is in possession of the real estate; or

(b) The security interest is perfected by a fixture filing before the interest of the encumbrancer or owner is of record, the security interest has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner, and the debtor has an interest of record in the real estate or is in possession of the real estate; or

(c) The conflicting interest is a lien on the real estate obtained by legal or equitable proceedings after the security interest was perfected by any method permitted by sections 1309.01 to 1309.50 of the Revised Code.

(2) Whether or not the property is a fixture, a security interest in readily removable factory or office machines or readily removable replacements of domestic appliances that are consumer goods, which security interest has been perfected by any method permitted by sections 1309.01 to 1309.50 of the Revised Code and has been perfected before the property was installed in the real estate, has priority over the conflicting interest of an encumbrancer or owner of the real estate.

(E) A security interest in fixtures, whether or not perfected, has priority over the conflicting interest of an encumbrancer or owner of the real estate where:

(1) The encumbrancer or owner has consented in writing to the security interest or has disclaimed in writing an interest in the goods as fixtures; or

(2) The debtor has a right to remove the goods as against the encumbrancer or owner. If the debtor's right terminates, the priority of the security interest continues for a reasonable time.

(F) Notwithstanding division (D)(1) of this section but otherwise subject to division (D) and (E) of this section, a security interest in fixtures is subordinate to a construction mortgage recorded before the goods become fixtures if the goods become fixtures before the completion of the construction. To the extent that it is given to refinance a construction mortgage, a mortgage has this priority to the same extent as the construction mortgage.

(G) In cases not within the preceding divisions, a security interest in fixtures is subordinate to the conflicting interest of an encumbrancer or owner of the related real estate who is not the debtor.

(H) When the secured party has priority over all owners and encumbrancers of the real estate, he THE SECURED PARTY may, on default, subject to the provisions of sections 1309.44 to 1309.50 of the Revised Code, remove his THE SECURED PARTY'S collateral from the real estate but he THE SECURED PARTY must reimburse any encumbrancer or owner of the real estate who is not the debtor and who has not otherwise agreed for the cost of repair of any physical injury, but not for any diminution in value of the real estate caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate security for the performance of this obligation. The secured party shall give reasonable notification of his THE SECURED PARTY'S intention to remove the collateral to all persons entitled to reimbursement.

Sec. 1309.39. (A) A financing statement is sufficient if it gives SHALL STATE the names of the debtor and the secured party, is BE signed by the debtor, gives GIVE an address of the secured party from which information concerning the security interest may be obtained, gives GIVE a mailing address of the debtor, and contains INCLUDE a statement indicating the types, or describing the items, of collateral. A financing statement SHALL BE FILED ON A FORM PRESCRIBED BY THE SECRETARY OF STATE. IT may be filed before a security agreement is made or a security interest otherwise attaches. When the financing statement covers crops growing or to be grown, timber to be cut, or minerals or the like, including oil and gas, or accounts subject to division (E) of section 1309.03 of the Revised Code, or when the financing statement is filed as a fixture filing pursuant to section 1309.32 of the Revised Code and the collateral is goods which THAT are or are to become fixtures, the statement must also comply with division (E)(D) of this section. A copy of the security agreement is sufficient as a financing statement if it contains the above information and is signed by the debtor. A carbon, photographic, or other reproduction of a security agreement or a financing statement is sufficient as a financing statement if the security agreement so provides or if the original has been filed in this state.

(B) A financing statement which THAT otherwise complies with division (A) of this section is sufficient when it is signed by the secured party instead of the debtor if it is filed to perfect a security interest in ANY OF THE FOLLOWING:

(1) collateral COLLATERAL already subject to a security interest in another jurisdiction when it is brought into this state or when the debtor's location is changed to this state. Such a financing statement must state that the collateral was brought into this state or that the debtor's location was changed to this state under such circumstances; or

(2) proceeds PROCEEDS under section 1309.25 of the Revised Code if the security interest in the original collateral was perfected. Such a financing statement must describe the original collateral; or

(3) collateral COLLATERAL as to which the filing has lapsed; or

(4) collateral COLLATERAL acquired after a change of name, identity, or corporate structure of the debtor under division (G)(F) of this section.

(C) A form substantially as follows is sufficient to comply with division (A) of this section:

Name of debtor (or assignor) .............................

Address ..................................................

Name of secured party (or assignee).......................

Address ..................................................

1. This financing statement covers the following types (or items) of property:

(Describe) ...............................................

2. (If applicable) The above goods are to become fixtures on:

The above crops are growing or are to be grown on:

The above timber is standing on:

The above minerals or the like, including oil and gas, or accounts will be financed at the wellhead or minehead located on:

(Describe real estate) ................................... and this financing statement is to be indexed in the real estate records of the county in which the real estate is situated. (If the debtor does not have an interest of record) The name of a record owner or record lessee is ........

3. If products of collateral are claimed) Products of the collateral are also covered.

(Use whichever is applicable) Signature of Debtor (or Assignor) ......................................................

(Use whichever is applicable) Signature of Secured Party (or Assignee) ..................................................

(D) A financing statement may be amended by filing a writing signed by both the debtor and the secured party. THE AMENDMENT SHALL BE FILED ON A FORM PRESCRIBED BY THE SECRETARY OF STATE. An amendment does not extend the period of effectiveness of a financing statement. If any amendment adds collateral, it is effective as to the added collateral only from the filing date of the amendment. In sections 1309.01 to 1309.50 of the Revised Code, unless the context otherwise requires, the term "financing statement" means the original financing statement and any amendments.

(E)(D) A financing statement covering crops growing or to be grown or timber to be cut or minerals or the like, including oil and gas, or accounts subject to division (E) of section 1309.03 of the Revised Code, or a financing statement filed as a fixture filing pursuant to section 1309.32 of the Revised Code must show that it covers this type of collateral, must recite that it is to be indexed in the real estate records of the county in which the real estate is situated, and the financing statement must contain a description of the real estate sufficient if it were contained in a mortgage of the real estate to give constructive notice of the mortgage under the law of this state. If the debtor does not have an interest of record in the real estate, the financing statement must show the name of a record owner or record lessee.

(F)(E) A mortgage is effective as a financing statement filed as a fixture filing from the date of its recording if (1) the goods are described in the mortgage by item or type, (2) the goods are or are to become fixtures related to the real estate described in the mortgage, (3) the mortgage complies with the requirements for a financing statement in this section other than a recital that it is to be indexed in the real estate records, and (4) the mortgage is duly recorded. No fee with reference to the financing statement is required other than the regular recording and satisfaction fees with respect to the mortgage.

(G)(F) A financing statement sufficiently shows the name of the debtor if it gives the individual, partnership, or corporate name of the debtor, whether or not it adds other trade names or the names of partners. Where the debtor so changes his THE DEBTOR'S name or in the case of an organization its name, identity or corporate structure that a filed financing statement becomes seriously misleading, the filing is not effective to perfect a security interest in collateral acquired by the debtor more than four months after the change, unless a new appropriate financing statement is filed before the expiration of that time. A filed financing statement remains effective with respect to collateral transferred by the debtor even though the secured party knows of or consents to the transfer.

(H)(G) A financing statement substantially complying with the requirements of this section is effective even though it contains minor errors which are not seriously misleading.

Sec. 1309.40. (A) Presentation for filing of a financing statement and, tender of the filing fee or, AND acceptance of the statement by the filing officer constitutes CONSTITUTE filing under sections 1309.01 to 1309.50 of the Revised Code.

(B)(1) Except as provided in divisions (B)(2) and (F) of this section, a filed financing statement is effective for a period of five years from the date of filing. The effectiveness of a filed financing statement lapses on the expiration of the five-year period unless a continuation statement is filed prior to the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until termination of the insolvency proceedings and thereafter for a period of sixty days or until expiration of the five-year period, whichever occurs later. Upon lapse the security interest becomes unperfected, unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is deemed to have been unperfected as against a person who became a purchaser or lien creditor before lapse.

(2) A filed financing statement which THAT states that it relates to an obligation secured by both (a) a mortgage upon real estate filed for record within this state and (b) a security interest in collateral, whether or not such collateral includes or consists of goods which are or are to become fixtures situated upon such real estate, shall, if such financing statement states a maturity date of such obligation, or the final installment thereof, of more than five years, be fully effective until the maturity date set forth therein. Such financing statement shall also contain a reference to the recorder's file number of the mortgage upon real estate or to the volume and page of the mortgage record in which such mortgage is recorded.

(C) A continuation statement may be filed by the secured party within six months prior to the expiration of the five-year period specified in division (B)(1) of this section, or within six months prior to the stated maturity date referred to in division (B)(2) of this section. Any such A CONTINUATION STATEMENT SHALL BE FILED ON A FORM PRESCRIBED BY THE SECRETARY OF STATE. THE continuation statement must be signed by the secured party, identify the original statement by file number, and state that the original statement is still effective. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with division (B) of section 1309.42 of the Revised Code, including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for five years after the last date to which the filing was effective whereupon it lapses in the same manner as provided in division (B) of this section unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. The filing officer may remove a lapsed statement from the files and destroy it immediately if he THE FILING OFFICER has retained a microfilm or other photographic record, or in other cases one year after the lapse. The filing officer shall so arrange matters by physical annexation of financing statements to continuation statements or other related filings, or by other means, that if he THE FILING OFFICER physically destroys the financing statements of a period more than five years past, those which have been continued by a continuation statement or which are still effective under division (B)(2) or (F) of this section shall be retained.

(D) Except as provided in division (G) of this section, a filing officer shall mark ASSIGN each statement with a consecutive file number and with the date and hour of filing and shall hold the statement or a microfilm or other photographic OR DIGITIZED copy thereof for public inspection. In addition, the filing officer shall index the statements according to the name of the debtor and shall note in the index the file number, THE DATE AND HOUR OF FILING, and the address of the debtor given in the statement. In addition to the indexing required in the previous sentence, statements covering crops growing or to be grown or timber to be cut or minerals or the like, including oil and gas, or accounts subject to division (E) of section 1309.03 of the Revised Code, or a financing statement filed as a fixture filing pursuant to section 1309.32 of the Revised Code shall also be indexed in the real estate mortgage records by the filing officer according to the name of the debtor or, if the financing statement shows the record owner or record lessee to be other than the debtor, then according to the name of the record owner or record lessee given in the statement. The fee to be charged for indexing financing statements in the real estate mortgage records shall be two dollars for each record owner or lessee listed in the statement, as provided in division (E) of section 317.32 of the Revised Code.

(E) The fee for filing, indexing, and furnishing filing data for an original, amended, or a continuation statement on a form prescribed by the secretary of state or on any other form approved by the filing officer shall be nine dollars. The fee for filing, indexing, and furnishing filing data for an original, amended, or a continuation statement on a form neither prescribed by the secretary of state nor on any other form approved by the filing officer shall be eleven dollars.

(F) If the debtor is a transmitting utility and a filed financing statement so states, it is effective until a termination statement is filed. A real estate mortgage which THAT is effective as a fixture filing under division (F)(E) of section 1309.39 of the Revised Code remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real estate.

(G) If the person filing any original or amended financing statement, termination statement, statement of assignment, or statement of release, furnishes the filing officer REQUESTS a copy thereof, the filing officer shall upon request note upon the copy the file number and date and hour of the filing of the original and deliver or send the copy to such person.

(H) Upon request of any person, the filing officer shall issue his A certificate showing whether there is on file on the date and hour stated therein, any presently effective financing statement naming a particular debtor, owner, lessee, and any statement of assignment thereof and if there is, giving the date and hour of filing of each such statement and the names and addresses of each secured party therein. The fee for such a certificate shall be nine dollars plus one dollar for each financing statement and for each statement of assignment reported therein. Upon request, the filing officer shall furnish a copy of any filed financing statement or statement of assignment for a uniform fee of one dollar ACTUAL COST per page.

Sec. 1309.41. (A) If a financing statement covering consumer goods is filed on or after January 1, 1979, then within one month or within ten days following written demand by the debtor after there is no outstanding secured obligation and no commitment to make advances, incur obligations, or otherwise give value, the secured party must file with each filing officer with whom the financing statement was filed, a termination statement to the effect that he THE SECURED PARTY no longer claims a security interest under the financing statement, which shall be identified by file number. In other cases whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations, or otherwise give value, the secured party must on written demand by the debtor send the debtor, for each filing officer with whom the financing statement was filed, a termination statement to the effect that he THE SECURED PARTY no longer claims a security interest under the financing statement, which shall be identified by file number. A TERMINATION STATEMENT FILED UNDER THIS SECTION SHALL BE ON A FORM PRESCRIBED BY THE SECRETARY OF STATE. A termination statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record complying with division (B) of section 1309.42 of the Revised Code including payment of the required fee. If the affected secured party fails to file such a termination statement as required by this division or to send such a termination statement ten days after the proper demand therefor, he THE SECURED PARTY shall be liable to the debtor for one hundred dollars, and in addition for any loss caused to the debtor by such failure.

(B) On presentation to the filing officer of such a termination statement he, THE FILING OFFICER must note it in the index. If he THE FILING OFFICER has received the termination statement in duplicate, he THE FILING OFFICER shall return one copy of the termination statement to the secured party stamped WITH A NOTATION to show the time of receipt thereof OF THE TERMINATION STATEMENT. If the filing officer has a microfilm or other photographic OR DIGITIZED record of the financing statement, and of any related continuation statement, statement of assignment, and statement of release, he THE FILING OFFICER may remove the originals from the files at any time after receipt of the termination statement, or if he has THERE IS no such record, he THE FILING OFFICER may remove them from the files at any time after one year after receipt of the termination statement.

Sec. 1309.42. (A) A financing statement may disclose an assignment of a security interest in the collateral described in the financing statement by indication in the financing statement of the name and address of the assignee or by an assignment itself or a copy thereof on the face or back of the statement. On presentation to the filing officer of such a financing statement the filing officer shall mark the same PROCEED as provided in division (D) of section 1309.40 of the Revised Code. The fee for filing, indexing, and furnishing filing data for a financing statement so indicating an assignment shall be nine dollars.

(B) A secured party may assign of record all or a part of his THE SECURED PARTY'S rights under a financing statement by the filing in the place where the original financing statement was filed of a separate written statement of assignment. THE STATEMENT OF ASSIGNMENT SHALL BE ON A FORM PRESCRIBED BY THE SECRETARY OF STATE, SHALL BE signed by the secured party of record and setting, SHALL SET forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement, and the name and address of the assignee, and containing SHALL CONTAIN a description of the collateral assigned. A copy of the assignment is sufficient as a separate statement if it complies with the preceding sentence. On presentation to the filing officer of such a separate statement OF ASSIGNMENT, the filing officer shall mark such THE separate statement with the date and hour of filing. He THE FILING OFFICER shall note the assignment on the index of the financing statement, or in the case of a fixture filing, or a filing covering crops growing or to be grown or timber to be cut, or covering minerals or the like, including oil and gas, or accounts subject to division (E) of section 1309.03 of the Revised Code, he THE FILING OFFICER shall index the assignment under the name of the assignor as grantor and, to the extent that the law of this state provides for indexing the assignment of a mortgage under the name of the assignee, he THE FILING OFFICER shall index the assignment of the financing statement under the name of the assignee. The fee for filing, indexing, and furnishing filing data about such a separate statement of assignment shall be nine dollars if on a form prescribed by the secretary of state or on any other form approved by the filing officer. The fee for filing, indexing, and furnishing filing data about such a separate statement of assignment on a form not prescribed by the secretary of state shall be eleven dollars. Notwithstanding the provisions of this division, an assignment of record of a security interest in a fixture contained in a mortgage effective as a fixture filing pursuant to division (F)(E) of section 1309.39 of the Revised Code may be made only by an assignment of the mortgage in the manner provided by the law of this state other than sections 1309.01 to 1309.50 of the Revised Code.

(C) After the disclosure or filing of an assignment under this section, the assignee is the secured party of record.

Sec. 1309.43. A secured party of record may by his A signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is sufficient if it contains SHALL BE ON A FORM PRESCRIBED BY THE SECRETARY OF STATE AND SHALL CONTAIN a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. A statement of release signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with division (B) of section 1309.42 of the Revised Code, including payment of the required fee. Upon presentation of such a statement of release to the filing officer he, THE FILING OFFICER shall mark the statement with the hour and date of filing and shall note the HOUR AND date OF FILING upon the margin of the index of the filing of the financing statement. The fee for filing and noting such a statement of release shall, whether collected by the secretary of state or by the county recorder, be nine dollars if on a form prescribed by the secretary of state or approved by the filing officer. The fee for filing and noting such a statement of release on a form not prescribed by the secretary of state and not approved by the filing officer shall be eleven dollars.

Sec. 1310.37. (A) As used in this section:

(1) Goods are "fixtures" when they become so related to particular real estate that an interest in them arises under real estate law.

(2) A "fixture filing" is the filing, in the office in which a mortgage on the real estate would be filed or recorded, of a financing statement covering goods that are or are to become fixtures and conforming to division (E)(D) of section 1309.39 of the Revised Code.

(3) A lease is a "purchase money lease" unless the lessee has possession or use of the goods or the right to possession or use of the goods before the lease agreement is enforceable.

(4) A mortgage is a "construction mortgage" to the extent it secures an obligation incurred for the construction of an improvement on land, including the acquisition cost of the land, if the recorded writing so indicates.

(5) "Encumbrance" includes real estate mortgages, other liens on real estate, and all other rights in real estate that are not ownership interests.

(B) Under sections 1310.01 to 1310.78 of the Revised Code, a lease may be of goods that are fixtures or may continue in goods that become fixtures, but, under those sections, no lease exists of ordinary building materials incorporated into an improvement on land.

(C) Sections 1310.01 to 1310.78 of the Revised Code do not prevent the creation of a lease of fixtures pursuant to real estate law.

(D) The perfected interest of a lessor of fixtures has priority over a conflicting interest of an encumbrancer or owner of the real estate if either of the following applies:

(1) The lease is a purchase money lease, the conflicting interest of the encumbrancer or owner arises before the goods become fixtures, the interest of the lessor is perfected by a fixture filing before the goods become fixtures or within ten days after they become fixtures, and the lessee has an interest of record in the real estate or is in possession of the real estate.

(2) The interest of the lessor is perfected by a fixture filing before the interest of the encumbrancer or owner is of record, the lessor's interest has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner, and the lessee has an interest of record in the real estate or is in possession of the real estate.

(E) The interest of a lessor of fixtures, whether or not perfected, has priority over the conflicting interest of an encumbrancer or owner of the real estate if any of the following applies:

(1) The fixtures are readily removable factory or office machines, readily removable equipment that is not primarily used or leased for use in the operation of the real estate, or readily removable replacements of domestic appliances that are goods subject to a consumer lease and, before the goods become fixtures, the lease contract is enforceable.

(2) The conflicting interest is a lien on the real estate obtained by legal or equitable proceedings after the lease contract is enforceable.

(3) The encumbrancer or owner has consented in writing to the lease or has disclaimed an interest in the goods as fixtures.

(4) The lessee has a right to remove the goods as against the encumbrancer or owner. If the lessee's right to remove terminates, the priority of the interest of the lessor continues for a reasonable time.

(F) Notwithstanding division (D)(1) of this section but otherwise subject to divisions (D) and (E) of this section, the interest of a lessor of fixtures, including the lessor's residual interest, is subordinate to the conflicting interest of an encumbrancer of the real estate under a construction mortgage recorded before the goods become fixtures if the goods become fixtures before the completion of the construction. To the extent given to refinance a construction mortgage, the conflicting interest of an encumbrancer of the real estate under a mortgage has this priority to the same extent as the encumbrancer of the real estate under the construction mortgage.

(G) In cases not within divisions (A) to (F) of this section, priority between the interest of a lessor of fixtures, including the lessor's residual interest, and the conflicting interest of an encumbrancer or owner of the real estate who is not the lessee is determined by the priority rules governing conflicting interests in real estate.

(H) If the interest of a lessor of fixtures, including the lessor's residual interest, has priority over all conflicting interests of all owners and encumbrancers of the real estate, the lessor or the lessee, on default, expiration, termination, or cancellation of the lease agreement but subject to the lease agreement and sections 1310.01 to 1310.78 of the Revised Code, or if necessary to enforce other rights and remedies of the lessor or lessee under those sections, may remove the goods from the real estate, free and clear of all conflicting interests of all owners and encumbrancers of the real estate, but the lessor or lessee shall reimburse any encumbrancer or owner of the real estate who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury, but not for any diminution in value of the real estate caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.

(I) Even though the lease agreement does not create a security interest, the interest of a lessor of fixtures, including the lessor's residual interest, is perfected by filing a financing statement as a fixture filing for leased goods that are or are to become fixtures in accordance with the relevant provisions of Chapter 1309. of the Revised Code.

Sec. 1503.05. (A) The chief of the division of forestry may sell timber and other forest products from the state forest whenever he THE CHIEF considers such a sale desirable and, with the approval of the attorney general and the director of natural resources, may sell portions of the state forest lands when such a sale is advantageous to the state.

(B) Except as otherwise provided in this section, a timber sale agreement shall not be executed unless the person or governmental entity bidding on the sale executes and files a surety bond conditioned on completion of the timber sale in accordance with the terms of the agreement in an amount equal to twenty-five per cent of the highest value cutting section. All bonds shall be given in a form prescribed by the chief and shall run to the state as obligee.

The chief shall not approve any bond until it is personally signed and acknowledged by both principal and surety, or as to either by his THE attorney in fact THEREOF, with a certified copy of the power of attorney attached. The chief shall not approve the bond unless there is attached a certificate of the superintendent of insurance that the company is authorized to transact a fidelity and surety business in this state.

In lieu of a bond, the bidder may deposit any of the following:

(A)(1) Cash in an amount equal to the amount of the bond;

(B)(2) United States government securities having a par value equal to or greater than the amount of the bond;

(C)(3) Negotiable certificates of deposit or irrevocable letters of credit issued by any bank organized or transacting business in this state, having a par value equal to or greater than the amount of the bond.

The cash or securities shall be deposited on the same terms as bonds. If one or more certificates of deposit are deposited in lieu of a bond, the chief shall require the bank that issued any of the certificates to pledge securities of the aggregate market value equal to the amount of the certificate or certificates that is in excess of the amount insured by the federal deposit insurance corporation. The securities to be pledged shall be those designated as eligible under section 135.18 of the Revised Code. The securities shall be security for the repayment of the certificate or certificates of deposit.

Immediately upon a deposit of cash, securities, certificates of deposit, or letters of credit, the chief shall deliver them to the treasurer of state, who shall hold them in trust for the purposes for which they have been deposited. The treasurer of state is responsible for the safekeeping of the deposits. A bidder making a deposit of cash, securities, certificates of deposit, or letters of credit may withdraw and receive from the treasurer of state, on the written order of the chief, all or any portion of the cash, securities, certificates of deposit, or letters of credit upon depositing with the treasurer of state cash, other United States government securities, or other negotiable certificates of deposit or irrevocable letters of credit issued by any bank organized or transacting business in this state, equal in par value to the par value of the cash, securities, certificates of deposit, or letters of credit withdrawn.

A bidder may demand and receive from the treasurer of state all interest or other income from any such securities or certificates as it becomes due. If securities so deposited with and in the possession of the treasurer of state mature or are called for payment by the issuer thereof, the treasurer of state, at the request of the bidder who deposited them, shall convert the proceeds of the redemption or payment of the securities into such other United States government securities, negotiable certificates of deposit, or cash as the bidder designates.

When the chief finds that a person or governmental agency has failed to comply with the conditions of his THE PERSON'S OR GOVERNMENTAL AGENCY'S bond, he THE CHIEF shall make a finding of that fact and declare the bond, cash, securities, certificates, or letters of credit forfeited. The chief shall thereupon SHALL certify the total forfeiture to the attorney general, who shall proceed to collect the amount of the bond, cash, securities, certificates, or letters of credit.

In lieu of total forfeiture, the surety, at its option, may cause the timber sale to be completed or pay to the treasurer of state the cost thereof.

All moneys collected as a result of forfeitures of bonds, cash, securities, certificates, and letters of credit under this section shall be credited to the state forest fund created in this section.

(C) The chief may grant easements and leases on portions of the state forest lands under such terms as are advantageous to the state, and he THE CHIEF may grant mineral rights on a royalty basis, with the approval of the attorney general and the director.

(D) All moneys received from the sale of state forest lands, or in payment for easements or leases on or as rents from such THOSE lands, shall be paid into the state treasury to the credit of the state forest fund, which is hereby created. All moneys received from the sale of standing timber taken from the state forest lands shall be deposited into the general revenue fund. All

ALL moneys received from the sale of forest products, other than standing timber, and minerals taken from the state forest lands, together with royalties from mineral rights, shall be paid into the state forest fund. At the time he makes OF MAKING such a payment or deposit, the chief shall determine the amount and net GROSS value of such products sold or royalties received from lands in each county and, in each township within the county, AND IN EACH SCHOOL DISTRICT WITHIN THE COUNTY. Afterward the chief shall send to each county treasurer a copy of the determination and shall provide for payment to the county treasurer, for the use of the general fund of that county from the amount so received AS PROVIDED IN THIS DIVISION, an amount equal to fifty EIGHTY per cent of the net GROSS value of the products sold or royalties received from lands located in that county. The county auditor shall pay DO ALL OF THE FOLLOWING:

(1) RETAIN FOR THE USE OF THE GENERAL FUND OF THE COUNTY ONE-FOURTH OF THE AMOUNT RECEIVED BY THE COUNTY UNDER DIVISION (D) OF THIS SECTION;

(2) PAY into the general fund of any township located within the county and containing such lands one-half ONE-FOURTH of the amount received by the county from products sold or royalties received from lands located in the township;

(3) REQUEST THE BOARD OF EDUCATION OF ANY SCHOOL DISTRICT LOCATED WITHIN THE COUNTY AND CONTAINING SUCH LANDS TO IDENTIFY WHICH FUND OR FUNDS OF THE DISTRICT SHOULD RECEIVE THE MONEYS AVAILABLE TO THE SCHOOL DISTRICT UNDER DIVISION (D)(3) OF THIS SECTION. AFTER RECEIVING NOTICE FROM THE BOARD, THE COUNTY AUDITOR SHALL PAY INTO THE FUND OR FUNDS SO IDENTIFIED ONE-HALF OF THE AMOUNT RECEIVED BY THE COUNTY FROM PRODUCTS SOLD OR ROYALTIES RECEIVED FROM LANDS LOCATED IN THE SCHOOL DISTRICT, DISTRIBUTED PROPORTIONATELY AS IDENTIFIED BY THE BOARD. The

THE division of forestry shall not supply logs, lumber, or other forest products or minerals, taken from the state forest lands, to any other agency or subdivision of the state unless payment is made therefor in the amount of the actual prevailing value thereof. This section is applicable to the moneys so received. All moneys received from the sale of reforestation tree stock or other revenues derived from the operation of the state forests, facilities, or equipment shall be paid into the state forest fund.

The fund shall not be expended for any purpose other than the administration, operation, maintenance, development, or utilization of the state forests, forest nurseries, and forest programs, for facilities or equipment incident thereto, or for the further purchase of lands for state forest or forest nursery purposes.

Sec. 1503.141. There is hereby created in the state treasury the wildfire suppression fund. The fund shall consist of such revenues as the general assembly provides, any federal moneys received for the purposes of this section, and donations, gifts, bequests, and other moneys received for those purposes. IN ADDITION, THE CHIEF OF THE DIVISION OF FORESTRY ANNUALLY MAY REQUEST THAT THE DIRECTOR OF BUDGET AND MANAGEMENT TRANSFER, AND, IF SO REQUESTED, THE DIRECTOR SHALL TRANSFER, NOT MORE THAN ONE HUNDRED THOUSAND DOLLARS TO THE WILDFIRE SUPPRESSION FUND FROM THE GENERAL REVENUE FUND. THE AMOUNT TRANSFERRED SHALL CONSIST ONLY OF MONEY DEPOSITED INTO THE GENERAL REVENUE FUND FROM THE SALE OF STANDING TIMBER TAKEN FROM STATE FOREST LANDS AS SET FORTH IN SECTION 1503.05 of the Revised Code.

The chief of the division of forestry shall use moneys in the wildfire suppression fund to reimburse firefighting agencies and private fire companies for their costs incurred in the suppression of wildfires. The chief shall provide such reimbursement pursuant to agreements and contracts entered into under section 1503.14 of the Revised Code and in accordance with the following schedule:

(A) For wildfire suppression on private land, an initial seventy-dollar payment to the firefighting agency or private fire company;

(B) For wildfire suppression on land under the administration or care of the department of natural resources or on land that is part of any national forest administered by the United States department of agriculture forest service, an initial one-hundred-dollar payment to the firefighting agency or private fire company;

(C) For any wildfire suppression on land specified in division (A) or (B) of this section lasting more than two hours, an additional payment of thirty-five dollars per hour.

If at any time moneys in the fund exceed two hundred thousand dollars, the chief shall disburse the moneys that exceed that amount to the firefighting agencies and private fire companies in accordance with rules that he THE CHIEF shall adopt in accordance with Chapter 119. of the Revised Code. The rules shall establish requirements and procedures that are similar in purpose and operation to the federal rural community fire protection program established under the "Cooperative Forestry Assistance Act of 1978," 92 Stat. 365, 16 U.S.C.A. 2101, as amended.

As used in this section, "firefighting agency" and "private fire company" have the same meanings as in section 9.60 of the Revised Code.

Sec. 1506.21. (A) There is hereby created the Ohio Lake Erie commission, consisting of the directors of environmental protection, natural resources, health, agriculture, and transportation, or their designees, as members ex officio. The members of the commission annually shall designate a chairman CHAIRPERSON, who shall preside at the meetings of the commission, and a secretary. The offices of chairman and secretary shall rotate among the members annually.

The commission shall hold at least one meeting every three months. The secretary of the commission shall keep a record of its proceedings. Special meetings shall be held at the call of the chairman CHAIRPERSON or upon the request of four members of the commission. All meetings and records of the commission shall be open to the public. Three members of the commission constitute a quorum. The agencies represented on the commission shall furnish clerical, technical, and other services required by the commission in the performance of its duties.

(B) The commission shall do all of the following:

(1) Ensure the coordination of state and local policies and programs pertaining to Lake Erie water quality, toxic pollution control, and resource protection;

(2) Review, and make recommendations concerning, the development and implementation of policies, programs, and issues for long-term, comprehensive protection of Lake Erie water resources and water quality that are consistent with the great lakes water quality agreement and the great lakes toxic substances control agreement;

(3) Recommend policies and programs to modify the coastal management program of this state;

(4) At each regular meeting, consider matters relating to the implementation of sections 1506.22 and 1506.23 of the Revised Code;

(5) Publish and submit the Lake Erie protection agenda in accordance with division (C) of section 1506.23 of the Revised Code;

(6) Ensure the implementation of a basinwide approach to Lake Erie issues;

(7) Increase representation of the interests of this state in state, regional, national, and international forums pertaining to the resources and water quality of Lake Erie and the Lake Erie basin;

(8) Promote education concerning the wise management of the resources of Lake Erie;

(9) Establish public advisory councils as considered necessary to assist in programs established under this section and sections 1506.22 and 1506.23 of the Revised Code. Members of the public advisory councils shall represent a broad cross section of interests, shall have experience or expertise in the subject for which the advisory council was established, and shall serve without compensation.

(10) Prepare and submit the report required under division (D) of section 1506.23 of the Revised Code.

(C) Each state agency, upon the request of the commission, shall cooperate in the implementation of this section and sections 1506.22 and 1506.23 of the Revised Code.

Sec. 1506.22. (A) Except as provided in division (B) of this section, the department of natural resources STATE AGENCY WHOSE DIRECTOR HAS BEEN DESIGNATED TO ADMINISTER THE LAKE ERIE PROTECTION FUND UNDER SECTION 1506.23 of the Revised Code is hereby designated the lead agency for the implementation in this state of the purposes of the great lakes protection fund, a regional trust fund established by the great lakes states to advance the principles, goals, and objectives of the great lakes toxic substances control agreement and the great lakes water quality agreement, as they may be revised and amended.

(B) The governor shall appoint two members from this state to the board of directors of the great lakes protection fund as provided in the bylaws and articles of incorporation of the fund. Of the initial appointments made to the board, one shall serve for a term of one year and one shall serve for a term of two years; thereafter, the members of the board of directors from this state shall serve for terms of two years. The governor may remove any member at any time as provided in the bylaws and articles of incorporation of the fund. In the event of a vacancy, the governor shall appoint a successor to hold office for the remainder of the term for which his THE MEMBER'S predecessor was appointed. Any member shall continue in office subsequent to the expiration date of his THE MEMBER'S term until his THE MEMBER'S successor takes office or until a period of sixty days has elapsed, whichever occurs first.

Membership on the board does not constitute holding a public office or position of employment under the laws of this state and is not grounds for removal of public officers or employees from their offices or positions of employment.

Members of the board from this state shall receive no compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties.

Sec. 1506.23. (A) There is hereby created in the state treasury the Lake Erie protection fund, which shall consist of moneys awarded to the state from the great lakes protection fund, moneys deposited into the fund from the issuance of Lake Erie license plates under section 4503.52 of the Revised Code, AND donations, gifts, bequests, and other moneys received for the purposes of this section. The department of natural resources shall administer the fund and NOT LATER THAN THE FIRST DAY OF JUNE EACH YEAR, with the approval of the Ohio Lake Erie commission created in section 1506.21 of the Revised Code SHALL DESIGNATE ONE OF ITS MEMBERS TO ADMINISTER THE FUND AND, WITH THE APPROVAL OF THE COMMISSION, may TO expend moneys from it THE FUND for any of the following purposes:

(1) Accelerating the pace of research into the economic, environmental, and human health effects of contamination of Lake Erie and its tributaries;

(2) Funding cooperative research and data collection regarding Lake Erie water quality and toxic contamination;

(3) Developing improved methods of measuring water quality and establishing a firm scientific base for implementing a basinwide system of water quality management for Lake Erie and its tributaries;

(4) Supporting research to improve the scientific knowledge on which protection policies are based and devising new and innovative clean-up techniques for toxic contaminants;

(5) Supplementing, in a stable and predictable manner, state commitments to policies and programs pertaining to Lake Erie water quality and resource protection;

(6) Encouraging cooperation with and among leaders from state legislatures, state agencies, political subdivisions, business and industry, labor, institutions of higher education, environmental organizations, and conservation groups within the Lake Erie basin;

(7) Awarding of grants to any agency of the United States, any state agency, as "agency" is defined in division (A)(2) of section 111.15 of the Revised Code, any political subdivision, any educational institution, or any nonprofit organization for the development and implementation of projects and programs that are designed to protect Lake Erie by reducing toxic contamination of or improving water quality in Lake Erie;

(8) Expenses authorized by the Ohio Lake Erie commission necessary to implement this chapter.

(B) Moneys in the Lake Erie protection fund are not intended to replace other moneys expended by any agency of the United States, any state agency, as "agency" is so defined, any political subdivision, any educational institution, or any nonprofit organization for projects and programs that are designed to protect Lake Erie by reducing toxic contamination of or improving water quality in Lake Erie.

(C) Each March, the Ohio Lake Erie commission shall publish a Lake Erie protection agenda that describes proposed uses of the Lake Erie protection fund for the following state fiscal year. The agenda shall be the subject of at least one public meeting of the commission held in the Lake Erie basin. The commission shall submit the agenda to the governor, the president of the senate, and the speaker of the house of representatives.

(D) Not later than September 1, 1991, and annually thereafter, the Lake Erie commission shall prepare a report of the activities that were undertaken by the commission under this section during the immediately preceding fiscal year, including, without limitation, revenues and expenses for the preceding fiscal year. The commission shall submit the report to the governor, the president of the senate, and the speaker of the house of representatives.

Sec. 1506.24. (A) THERE IS HEREBY CREATED IN THE STATE TREASURY THE LAKE ERIE RESOURCES FUND, WHICH SHALL CONSIST OF MONEYS AWARDED TO THE STATE FROM THE GREAT LAKES PROTECTION FUND AND DONATIONS, GIFTS, BEQUESTS, AND OTHER MONEYS RECEIVED FOR THE PURPOSES OF THIS SECTION. NOT LATER THAN THE FIRST DAY OF JUNE EACH YEAR, THE OHIO LAKE ERIE COMMISSION CREATED IN SECTION 1506.21 OF THE REVISED CODE SHALL DESIGNATE ONE OF ITS MEMBERS TO ADMINISTER THE FUND AND, WITH THE APPROVAL OF THE COMMISSION, TO EXPEND MONEYS FROM THE FUND FOR ANY OF THE FOLLOWING PURPOSES:

(1) ACCELERATING THE PACE OF RESEARCH INTO THE ECONOMIC, ENVIRONMENTAL, AND HUMAN HEALTH EFFECTS OF CONTAMINATION OF LAKE ERIE AND ITS TRIBUTARIES;

(2) FUNDING COOPERATIVE RESEARCH AND DATA COLLECTION REGARDING LAKE ERIE WATER QUALITY AND TOXIC CONTAMINATION;

(3) DEVELOPING IMPROVED METHODS OF MEASURING WATER QUALITY AND ESTABLISHING A FIRM SCIENTIFIC BASE FOR IMPLEMENTING A BASINWIDE SYSTEM OF WATER QUALITY MANAGEMENT FOR LAKE ERIE AND ITS TRIBUTARIES;

(4) SUPPORTING RESEARCH TO IMPROVE THE SCIENTIFIC KNOWLEDGE ON WHICH PROTECTION POLICIES ARE BASED AND DEVISING NEW AND INNOVATIVE CLEAN-UP TECHNIQUES FOR TOXIC CONTAMINANTS;

(5) SUPPLEMENTING, IN A STABLE AND PREDICTABLE MANNER, STATE COMMITMENTS TO POLICIES AND PROGRAMS PERTAINING TO LAKE ERIE WATER QUALITY AND RESOURCE PROTECTION;

(6) ENCOURAGING COOPERATION WITH AND AMONG LEADERS FROM STATE LEGISLATURES, STATE AGENCIES, POLITICAL SUBDIVISIONS, BUSINESS AND INDUSTRY, LABOR, INSTITUTIONS OF HIGHER EDUCATION, ENVIRONMENTAL ORGANIZATIONS, AND CONSERVATION GROUPS WITHIN THE LAKE ERIE BASIN;

(7) AWARDING OF GRANTS TO ANY AGENCY OF THE UNITED STATES, ANY STATE AGENCY, AS "AGENCY" IS DEFINED IN DIVISION (A)(2) OF SECTION 111.15 OF THE REVISED CODE, ANY POLITICAL SUBDIVISION, ANY EDUCATIONAL INSTITUTION, OR ANY NONPROFIT ORGANIZATION FOR THE DEVELOPMENT AND IMPLEMENTATION OF PROJECTS AND PROGRAMS THAT ARE DESIGNED TO PROTECT LAKE ERIE BY REDUCING TOXIC CONTAMINATION OF OR IMPROVING WATER QUALITY IN LAKE ERIE;

(8) EXPENSES AUTHORIZED BY THE OHIO LAKE ERIE COMMISSION NECESSARY TO IMPLEMENT THIS CHAPTER.

(B) MONEYS IN THE LAKE ERIE RESOURCES FUND ARE NOT INTENDED TO REPLACE OTHER MONEYS EXPENDED BY ANY AGENCY OF THE UNITED STATES, ANY STATE AGENCY, AS "AGENCY" IS SO DEFINED, ANY POLITICAL SUBDIVISION, ANY EDUCATIONAL INSTITUTION, OR ANY NONPROFIT ORGANIZATION FOR PROJECTS AND PROGRAMS THAT ARE DESIGNED TO PROTECT LAKE ERIE BY REDUCING TOXIC CONTAMINATION OF OR IMPROVING WATER QUALITY IN LAKE ERIE.

(C) EACH MARCH, THE OHIO LAKE ERIE COMMISSION SHALL PUBLISH A LAKE ERIE PROTECTION AGENDA THAT DESCRIBES PROPOSED USES OF THE LAKE ERIE RESOURCES FUND FOR THE FOLLOWING STATE FISCAL YEAR. THE AGENDA SHALL BE THE SUBJECT OF AT LEAST ONE PUBLIC MEETING OF THE COMMISSION HELD IN THE LAKE ERIE BASIN. THE COMMISSION SHALL SUBMIT THE AGENDA TO THE GOVERNOR, THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

(D) ANNUALLY THE LAKE ERIE COMMISSION SHALL PREPARE A REPORT OF THE ACTIVITIES THAT WERE UNDERTAKEN BY THE COMMISSION UNDER THIS SECTION DURING THE IMMEDIATELY PRECEDING FISCAL YEAR, INCLUDING, WITHOUT LIMITATION, REVENUES AND EXPENSES FOR THE PRECEDING FISCAL YEAR. THE COMMISSION SHALL SUBMIT THE REPORT TO THE GOVERNOR, THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

Sec. 1513.29. There is hereby created the council on unreclaimed strip mined lands. Its members are the chief of the division of mines and reclamation, four persons appointed by the director of natural resources, two members of the house of representatives appointed by the speaker of the house of representatives, one member of the house of representatives appointed by the minority leader of the house of representatives, two members of the senate appointed by the president of the senate, and one member of the senate appointed by the minority leader of the senate.

Members who are members of the general assembly shall serve terms of four years or until their legislative terms end, whichever is sooner. Members appointed by the director shall serve terms of four years, except that the terms of the first four members shall be for two and four years, as designated by the director. Any vacancy in the office of a member of the council shall be filled by the appointing authority for the unexpired term of the member whose office will be vacant. The appointing authority may at any time remove a member of the council for misfeasance, nonfeasance, malfeasance, or conflict of interest in office.

The council shall hold at least four regular quarterly meetings each year. Special meetings may be held at the call of the chairperson or a majority of the members. The council shall annually elect from among its members a chairperson, a vice-chairperson, and a secretary to keep a record of its proceedings.

The council shall gather information, study, and make recommendations concerning the number of acres, location, ownership, condition, environmental damage resulting from the condition, cost of acquiring, reclaiming, and possible future uses and value of eroded lands within the state, including land affected by strip mining for which no cash is held in the strip mining reclamation fund.

The council may employ such staff and hire such consultants as necessary to perform its duties. Members appointed by the director and, notwithstanding section 101.26 of the Revised Code, members who are members of the general assembly, when engaged in their official duties as members of the council, shall be compensated on a per diem basis in accordance with division (J) of section 124.15 of the Revised Code. Members shall be reimbursed for their necessary expenses. Expenses incurred by the council and compensation provided under this section shall be paid by the chief of the division of mines and reclamation from the coal mining administration and reclamation reserve UNRECLAIMED LANDS fund CREATED IN SECTION 1513.30 of the Revised Code.

The council shall report its findings and recommendations to the governor and the general assembly not later than January 1, 1974, and biennially thereafter.

Sec. 1513.30. There is hereby created in the state treasury the unreclaimed lands fund, to be administered by the chief of the division of mines and reclamation and used for the purpose of reclaiming land, public or private, LAND affected by mining or controlling mine drainage, for which no cash is held in the strip mining reclamation fund created in section 1513.18 of the Revised Code or the surface mining reclamation fund created in section 1514.06 of the Revised Code, AND ALSO FOR THE PURPOSE OF PAYING THE EXPENSES AND COMPENSATION OF THE COUNCIL ON UNRECLAIMED STRIP MINED LANDS AS REQUIRED BY SECTION 1513.29 of the Revised Code.

In order to direct expenditures from the unreclaimed lands fund toward reclamation projects that fulfill priority needs and provide the greatest public benefits, the chief shall periodically submit to the council on unreclaimed strip mined lands project proposals to be financed from the unreclaimed lands fund, together with benefit and cost data and other pertinent information. For the purpose of selecting project areas and determining the boundaries of project areas, the council shall consider the feasibility, cost, and public benefits of reclaiming the areas, their potential for being mined, the availability of federal or other financial assistance for reclamation, and the geographic distribution of project areas to ensure fair distribution among affected areas.

The council shall give priority to areas where there is little or no likelihood that the area will be mined within the foreseeable future, reclamation is feasible at reasonable cost with available funds, and either OF THE FOLLOWING APPLIES:

(A) The pollution of the waters of the state and damage to adjacent property are most severe and widespread.

(B) Reclamation will make possible public uses for soil, water, forest, or wildlife conservation or public recreation purposes, will facilitate orderly commercial or industrial site development, or will facilitate the use or improve the enjoyment of nearby public conservation or recreation lands.

At least two weeks before any meeting of the council on unreclaimed strip mined lands at which the chief will submit a project proposal, a project area will be selected, or the boundaries of a project area will be determined, the chief shall mail notice by first class mail to the board of county commissioners of the county and the board of township trustees of the township in which the proposed project lies and the chief executive and the legislative authority of each municipal corporation within the proposed project area. The chief shall also SHALL give reasonable notice to the news media in the county where the proposed project lies.

Expenditures from the unreclaimed lands fund FOR RECLAMATION PROJECTS may be made only for reclamation projects that are within the boundaries of project areas approved by the council, and expenditures for a particular project may not exceed any applicable limits set by the council. Expenditures from the unreclaimed lands fund shall be made by the chief, with the approval of the director of natural resources.

The controlling board may transfer excess funds from the oil and gas well plugging fund, after recommendation by the council on unreclaimed strip mined lands, to meet deficiencies in the unreclaimed lands fund.

The chief may expend an amount not to exceed twenty per cent of the moneys credited annually by the treasurer of state to the unreclaimed lands fund for the purpose of administering the unreclaimed lands fund.

Sec. 1515.09. The supervisors of a soil and water conservation district may employ assistants and such other employees as they consider necessary and may provide for the payment of the reasonable compensation of such assistants and employees and expenses incurred by them in the discharge of their duties from the special fund established for the district pursuant to section 1515.10 of the Revised Code.

District employees shall be ARE entitled to the sick leave benefits that are provided in section 124.38 of the Revised Code and the vacation leave benefits that are provided in section 325.19 of the Revised Code AND ARE ENTITLED TO PARTICIPATE IN THE SICK LEAVE DONATION PROGRAM ESTABLISHED UNDER SECTION 1515.091 of the Revised Code.

The supervisors may designate the amounts and forms of other benefits, including insurance protection, to be provided to employees and may make payments of benefits from the district fund that is created with moneys accepted by the supervisors in accordance with division (E) of section 1515.08 of the Revised Code or from the special fund created pursuant to section 1515.10 of the Revised Code. The board of county commissioners may make payments of benefits that are provided under this section.

The supervisors may purchase such materials, equipment, and supplies, may lease such equipment, and may rent, purchase, or construct, and maintain, such offices, and provide for such equipment and supplies therefor, as they consider necessary and may pay for the same from the special fund established for the district pursuant to section 1515.10 of the Revised Code.

Until June 1, 1996, the supervisors may enter into service agreements with a board of county commissioners under sections 307.14 to 307.19 of the Revised Code and similar agreements with a board of township trustees for the use or services of equipment or personnel of the county or township for control of multiflora rose growing outside highway boundaries. However, any such agreement for the use or services of equipment or personnel funded by moneys derived from fees, excises, or license taxes relating to registration, operation, or use of motor vehicles on public highways, or to fuels used for propelling such vehicles, shall require the supervisors to pay to the board of county commissioners or township trustees the entire cost of the services provided by the equipment and personnel, including, without limitation, the costs of labor, materials, and operation and depreciation of the equipment. The supervisors may pay the costs incurred under such service agreements from the special fund for the district created pursuant to section 1515.10 of the Revised Code.

Sec. 1515.091. (A) AS USED IN THIS SECTION:

(1) "RECEIVING EMPLOYEE" MEANS AN EMPLOYEE OF A SOIL AND WATER CONSERVATION DISTRICT WHO RECEIVES DONATED SICK LEAVE AS AUTHORIZED BY THIS SECTION.

(2) "DONATING EMPLOYEE" MEANS AN EMPLOYEE OF A SOIL AND WATER CONSERVATION DISTRICT WHO DONATES SICK LEAVE AS AUTHORIZED BY THIS SECTION.

(3) "PAID LEAVE" HAS THE SAME MEANING AS IN SECTION 124.391 OF THE REVISED CODE.

(B)(1) AN EMPLOYEE OF A SOIL AND WATER CONSERVATION DISTRICT IS ELIGIBLE TO BECOME A RECEIVING EMPLOYEE IF THE EMPLOYEE IS A FULL-TIME, REGULAR EMPLOYEE WHO HAS COMPLETED THE PRESCRIBED PROBATIONARY PERIOD, HAS USED UP ALL ACCRUED PAID LEAVE, AND HAS BEEN PLACED ON AN APPROVED, UNPAID, MEDICAL-RELATED LEAVE OF ABSENCE FOR A PERIOD OF AT LEAST THIRTY WORKING DAYS BECAUSE OF THE EMPLOYEE'S OWN SERIOUS ILLNESS OR BECAUSE OF A SERIOUS ILLNESS OF A MEMBER OF THE EMPLOYEE'S IMMEDIATE FAMILY.

(2) AN EMPLOYEE WHO DESIRES TO BECOME A RECEIVING EMPLOYEE SHALL SUBMIT TO THE BOARD OF SUPERVISORS OF THE EMPLOYING SOIL AND WATER CONSERVATION DISTRICT, ALONG WITH A SATISFACTORY PHYSICIAN'S CERTIFICATION, A WRITTEN REQUEST FOR DONATED SICK LEAVE. THE BOARD OF SUPERVISORS SHALL DETERMINE WHETHER THE EMPLOYEE IS ELIGIBLE TO BECOME A RECEIVING EMPLOYEE, AND SHALL APPROVE THE REQUEST IF IT DETERMINES THE EMPLOYEE IS ELIGIBLE.

(C)(1) A BOARD OF SUPERVISORS THAT APPROVES A REQUEST FOR AN EMPLOYEE TO BECOME A RECEIVING EMPLOYEE SHALL FORWARD THE APPROVED APPLICATION TO A COMMITTEE THAT THE OHIO ASSOCIATION OF SOIL AND WATER CONSERVATION DISTRICT EMPLOYEES SHALL APPOINT TO ACT AS A CLEARINGHOUSE FOR THE DONATION OF SICK LEAVE UNDER THIS SECTION. THE COMMITTEE SHALL POST NOTICE FOR NOT LESS THAN TEN DAYS INFORMING ALL EMPLOYEES OF SOIL AND WATER CONSERVATION DISTRICTS THROUGHOUT THE STATE THAT IT HAS RECEIVED AN APPROVED APPLICATION TO BECOME A RECEIVING EMPLOYEE.

(2) A SOIL AND WATER CONSERVATION DISTRICT EMPLOYEE DESIRING TO BECOME A DONATING EMPLOYEE SHALL COMPLETE AND SUBMIT A SICK LEAVE DONATION FORM TO THE EMPLOYEE'S IMMEDIATE SUPERVISOR WITHIN TWENTY DAYS AFTER THE DATE OF THE INITIAL POSTING OF THE NOTICE DESCRIBED IN DIVISION (C)(1) OF THIS SECTION. IF THE BOARD OF SUPERVISORS OF THE EMPLOYING DISTRICT OF AN EMPLOYEE DESIRING TO BECOME A DONATING EMPLOYEE APPROVES THE SICK LEAVE DONATION, THE BOARD SHALL FORWARD TO THE COMMITTEE, TOGETHER WITH A CHECK EQUAL TO THE TOTAL VALUE OF THE SICK LEAVE DONATION, A COPY OF THE SICK LEAVE DONATION FORM, AND THE BOARD SHALL NOTIFY THE RECEIVING EMPLOYEE REGARDING THE DONATION.

(D) IF THE COMMITTEE DESCRIBED IN DIVISION (C)(1) OF THIS SECTION RECEIVES A SICK LEAVE DONATION FORM AND A CHECK FROM A BOARD OF SUPERVISORS, THE COMMITTEE SHALL DEPOSIT THE CHECK INTO AN ACCOUNT THAT IT SHALL ESTABLISH TO BE USED TO DISPENSE FUNDS TO THE EMPLOYING DISTRICT OF A RECEIVING EMPLOYEE. THE COMMITTEE SHALL NOTIFY THE BOARD OF SUPERVISORS OF THE EMPLOYING DISTRICT OF A RECEIVING EMPLOYEE OF THE AMOUNT OF SICK LEAVE DONATED. THE BOARD OF SUPERVISORS SHALL BILL THE COMMITTEE DURING EACH PAY PERIOD FOR THE RECEIVING EMPLOYEE'S GROSS HOURLY WAGES IN AN AMOUNT THAT DOES NOT EXCEED THE AMOUNT DONATED TO THE RECEIVING EMPLOYEE. THE BOARD OF SUPERVISORS, WITH THE APPROVAL OF THE COUNTY AUDITOR, SHALL PROVIDE FOR THE DEPOSIT INTO ITS APPROPRIATE PAYROLL ACCOUNT OF ANY PAYMENTS IT RECEIVES FOR THE BENEFIT OF A RECEIVING EMPLOYEE.

(E) THE DONATION AND RECEIPT OF SICK LEAVE UNDER THIS SECTION IS SUBJECT TO ALL OF THE FOLLOWING:

(1) ALL DONATIONS OF SICK LEAVE SHALL BE VOLUNTARY.

(2) A DONATING EMPLOYEE IS ELIGIBLE TO DONATE NOT LESS THAN EIGHT HOURS AND NOT MORE THAN EIGHTY HOURS OF SICK LEAVE DURING THE SAME CALENDAR YEAR.

(3) THE VALUE OF AN HOUR OF SICK LEAVE DONATED IS THE VALUE OF THE DONATING EMPLOYEE'S GROSS HOURLY WAGE. THE NUMBER OF HOURS RECEIVED BY A RECEIVING EMPLOYEE FROM A DONATING EMPLOYEE SHALL BE A NUMBER THAT, WHEN MULTIPLIED BY THE RECEIVING EMPLOYEE'S GROSS HOURLY WAGE, EQUALS THE AMOUNT RESULTING WHEN THE DONATING EMPLOYEE'S GROSS HOURLY WAGE IS MULTIPLIED BY THE NUMBER OF HOURS OF SICK LEAVE DONATED.

(4) NO PAID LEAVE SHALL ACCRUE TO A RECEIVING EMPLOYEE FOR ANY COMPENSATION RECEIVED THROUGH DONATED SICK LEAVE, AND THE RECEIPT OF DONATED SICK LEAVE DOES NOT AFFECT THE DATE ON WHICH A RECEIVING EMPLOYEE FIRST QUALIFIES FOR CONTINUATION OF HEALTH INSURANCE COVERAGE.

(5) IF A RECEIVING EMPLOYEE DOES NOT USE ALL DONATED SICK LEAVE DURING THE PERIOD OF THE EMPLOYEE'S LEAVE OF ABSENCE, THE UNUSED BALANCE SHALL BE RETURNED, WITHIN THREE MONTHS AFTER THE END OF THE LEAVE OF ABSENCE AND ON A PRORATED BASIS, TO EACH DONATING EMPLOYEE WHO DONATED SICK LEAVE TO THE RECEIVING EMPLOYEE.

Sec. 1517.11. There is hereby created in the state treasury the natural areas and preserves fund, which shall consist of moneys transferred into it under section 5747.113 of the Revised Code and of contributions made directly to it. Any person may contribute directly to the fund in addition to or independently of the income tax refund contribution system established in that section. Moneys

MONEYS in the fund shall be disbursed pursuant to vouchers approved by the director of natural resources for use by the division of natural areas and preserves solely for the identification, protection, conservation, and management of endangered plants and for the identification, FOLLOWING PURPOSES:

(A) THE acquisition, and management of natural areas, NEW OR EXPANDED NATURAL AREAS, NATURE PRESERVES, AND wild, scenic, and recreational river areas, and endangered species habitat;

(B) FACILITY DEVELOPMENT IN NATURAL AREAS, NATURE PRESERVES, AND WILD, SCENIC, AND RECREATIONAL RIVER AREAS;

(C) SPECIAL PROJECTS, INCLUDING, BUT NOT LIMITED TO, BIOLOGICAL INVENTORIES, RESEARCH GRANTS, AND THE PRODUCTION OF INTERPRETIVE MATERIAL RELATED TO NATURAL AREAS, NATURE PRESERVES, AND WILD, SCENIC, AND RECREATIONAL RIVER AREAS. Moneys

MONEYS appropriated from the fund are SHALL not intended to replace other moneys appropriated for these purposes BE USED TO FUND SALARIES OF PERMANENT EMPLOYEES, ADMINISTRATIVE COSTS, OR ROUTINE MAINTENANCE. All

ALL investment earnings of the fund shall be credited to the fund.

Sec. 1555.09. FOR MEETINGS OF THE COMMISSIONERS OF THE SINKING FUND PERTAINING TO OBLIGATIONS UNDER THIS CHAPTER, EACH OF THE COMMISSIONERS MAY DESIGNATE AN EMPLOYEE OR OFFICER OF THAT COMMISSIONER'S OFFICE TO ATTEND MEETINGS WHEN THAT COMMISSIONER IS ABSENT FOR ANY REASON. THE DESIGNEE, WHEN PRESENT, SHALL BE COUNTED IN DETERMINING WHETHER A QUORUM IS PRESENT AT A MEETING, AND MAY VOTE AND PARTICIPATE AT THE MEETING IN ALL PROCEEDINGS AND ACTIONS OF THE COMMISSIONERS PERTAINING TO THE OBLIGATIONS. HOWEVER, THE DESIGNEE SHALL NOT EXECUTE OR CAUSE A FACSIMILE OF THE DESIGNEE'S SIGNATURE TO BE PLACED ON ANY OBLIGATION, OR EXECUTE ANY TRUST AGREEMENT OR INDENTURE OF THE COMMISSIONERS.

A COMMISSIONER SHALL EXECUTE A DESIGNATION UNDER THIS SECTION IN WRITING AND SHALL FILE THE WRITTEN DESIGNATION WITH THE SECRETARY OF THE BOARD OF COMMISSIONERS. A COMMISSIONER MAY CHANGE THE DESIGNATION BY EXECUTING AND FILING WITH THE SECRETARY ANOTHER WRITTEN DESIGNATION.

Sec. 1557.06. (A) The parks and natural resources local assistance grant program is hereby established to provide grants to local government entities for capital improvements for the acquisition, construction, reconstruction, expansion, improvement, planning, and equipping of capital projects that enhance the use and enjoyment of natural resources by individuals. Such projects include, but are not limited to, the acquisition of lands, facilities, and waters for public recreation, or for the preservation of wetlands or unique habitats; the development, construction, reconstruction, expansion, or rehabilitation of recreation areas and facilities; and projects to provide public park and recreation opportunities by improving public access or safety. Grants shall not be awarded for administrative, operating, or maintenance costs; or for areas, facilities, or structures for athletics, arts, historic sites, or other purposes, that are not used primarily for public recreation.

The director of natural resources shall administer the parks and natural resources local assistance grant program in accordance with procedures and criteria that the director shall develop with the approval of the recreation and resources council.

(B) Grants awarded under this section may provide up to seventy-five per cent of the total project costs approved by the director. At least twenty per cent of such costs must be provided by the grant recipient from nonstate, nonfederal sources. Local government entities may apply for grants individually or jointly.

(C) The criteria developed for the administration of the program shall require a local government entity receiving a grant for a project under this section to have sufficient real property interests in the project for the purposes of the obligations issued under this chapter, and shall require that the projects be retained and used in a manner consistent with the purposes of Section 2l of Article VIII, Ohio Constitution.

(D) The director shall allocate to each county a portion of the proceeds of the first two hundred million dollars principal amount in obligations issued under this chapter, for projects of local government entities within each such county. The director shall determine each county's allocation by calculating both of the following for each county:

(1) Its per capita share of forty million dollars;

(2) Its per capita share of thirty million dollars plus one hundred thirteen thousand six hundred thirty-six dollars.

The larger of the amount calculated under division (D)(1) or (2) of this section for each county shall be that county's allocation, and whatever percentage of the first two hundred million dollars principal amount in obligations issued under this chapter that is necessary to satisfy the requirements of this division (D) OF THIS SECTION, shall be so allocated.

(E) THE DIRECTOR SHALL ALLOCATE TO EACH COUNTY A PORTION OF TWENTY PER CENT OF THE PROCEEDS IN EXCESS OF THE FIRST TWO HUNDRED MILLION DOLLARS PRINCIPAL AMOUNT IN OBLIGATIONS ISSUED UNDER THIS CHAPTER, FOR PROJECTS OF LOCAL GOVERNMENT ENTITIES WITHIN EACH COUNTY. THE DIRECTOR SHALL DETERMINE EACH COUNTY'S ALLOCATION BY CALCULATING BOTH OF THE FOLLOWING AND COMBINING THE AMOUNTS CALCULATED FOR EACH COUNTY:

(1) ONE-THIRD OF TWENTY PER CENT OF THE PROCEEDS TO BE DIVIDED EQUALLY AMONG ALL OF THE COUNTIES;

(2) TWO-THIRDS OF TWENTY PER CENT OF THE PROCEEDS TO BE DISTRIBUTED ON A PER CAPITA BASIS TO EACH COUNTY.

(F) ANY MONEYS GRANTED UNDER DIVISION (E) OF THIS SECTION AND NOT OBLIGATED WITHIN A COUNTY AFTER TWO FUNDING CYCLES, AT THE DISCRETION OF THE DIRECTOR, SHALL BE REALLOCATED TO PROJECTS EITHER IN THE COUNTY TO WHICH THEY ORIGINALLY WERE ALLOCATED OR IN OTHER COUNTIES DEMONSTRATING A NEED FOR THE FUNDS.

Sec. 1703.03. No foreign corporation not excepted from sections 1703.01 to 1703.31, inclusive, of the Revised Code, shall transact business in this state unless it holds an unexpired and uncanceled license to do so issued by the secretary of state. To procure and maintain such a license, a foreign corporation shall file an application, pay a filing fee, file annual reports, pay a license fee in initial and additional installment, and comply with all other requirements of law respecting the maintenance of such THE license as provided in such THOSE sections.

Sec. 1703.05. When the application of a foreign corporation for a license to transact business in this state has been accepted for filing and the filing fee has been paid, the secretary of state shall issue to such THE corporation a license certificate authorizing it to transact business in this state, subject to expiration or cancellation of such THE license as provided by law, until it fails to pay installments of the license fee as required by section 1703.11 of the Revised Code.

Sec. 1703.07. Each IF A foreign corporation for profit licensed to transact business in this state, at the time prescribed by law for the filing of its annual franchise or excise tax report, shall file with the secretary of state, on a form prescribed by the secretary of state, a report that is verified by the oath of an authorized officer. The report shall be accompanied by a filing fee of ten dollars, and that sets forth, as of the date of the beginning of the current annual accounting period of the corporation, all of the following:

(A) The location and address of the corporation's principal office;

(B) The date of the beginning of its current annual accounting period;

(C) The location and value of the property owned or used by the corporation, as shown on its books, both within and without the state, given separately, in either case exclusive of good will carried as an asset on the books of the corporation;

(D) The total amount of business done by the corporation during its preceding annual accounting period, both within and without this state, given separately;

(E) The number of its issued shares;

(F) The name and address of the person to whom statements of installments of license fees due may be mailed, which person may be the same person as the designated agent of the corporation, but notwithstanding the naming of such person, any such statement may be mailed to such designated agent.

If, prior to the filing of an annual report under this section, the corporation has amended its articles to change the corporate title or has merged or consolidated with one or more foreign or domestic corporations and has not filed a certificate evidencing the change of corporate title, merger, or consolidation with the secretary of state, it shall accompany its annual report FILE with THE SECRETARY OF STATE a certificate setting forth the new corporate title enacted by the amendment to its articles or the fact of merger or consolidation, certified by the secretary of state, or other proper official, of the state under the laws of which the foreign corporation was incorporated.

The secretary of state, before filing a certificate evidencing a foreign corporation's change of corporate title, merger, or consolidation, shall charge and collect from the foreign corporation an additional A filing fee of ten dollars.

Sec. 1703.08. A FOREIGN CORPORATION SHALL FILE A CERTIFICATE OF AMENDMENT WITH THE SECRETARY OF STATE IF, IN AMENDING ITS ARTICLES OF INCORPORATION, IT MODIFIES ANY OF THE INFORMATION INCLUDED IN EITHER ITS APPLICATION FOR A LICENSE TO TRANSACT BUSINESS IN THIS STATE OR ANY AMENDMENT TO THAT APPLICATION. THE CERTIFICATE OF AMENDMENT SHALL DESCRIBE THE MODIFICATION OF INFORMATION, INCLUDE A STATEMENT OF ITS ADOPTION TOGETHER WITH A STATEMENT THAT THE CERTIFICATE SUPERSEDES THE INFORMATION CURRENTLY ON FILE WITH THE SECRETARY OF STATE, AND BE SIGNED BY AN AUTHORIZED OFFICER OF THE CORPORATION. THE CERTIFICATE OF AMENDMENT SHALL ALSO BE ACCOMPANIED BY THE FILING FEE SET FORTH IN DIVISION (B) OF SECTION 111.16 of the Revised Code.

Sec. 1703.12. Upon the payment FILING of any installment of the license fee AN AMENDMENT by a foreign corporation INCREASING ITS NUMBER OF AUTHORIZED SHARES IN THIS STATE, the secretary of state shall issue to the corporation a supplemental license certificate setting forth the number of shares which THAT the corporation is authorized to have represented in this state.

Sec. 1703.22. A certificate AN AMENDMENT changing the name of a foreign corporation, certified by the secretary of state or other proper official of the state under the laws of which the corporation is incorporated, and showing its original as well as its new name, may be filed for record with the county recorder of any county when accompanied by a certificate from the secretary of state of this state certifying that a certificate AN AMENDMENT evidencing a change in the corporate name has been filed in his THE SECRETARY OF STATE'S office. For such recording the recorder shall charge and collect the same fee as provided for in division (A) of section 317.32 of the Revised Code.

Sec. 1703.26. A foreign corporation LICENSED BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT AND HAVING AUTHORITY ON THAT DATE TO TRANSACT BUSINESS IN THIS STATE may appeal from any decision, finding, determination, or action by the secretary of state under sections 1703.01 to 1703.31, inclusive, of the Revised Code, to a board of review consisting of the auditor of state, the treasurer of state, and the attorney general, OR THEIR AUTHORIZED REPRESENTATIVES, by filing notice of such appeal with the auditor of state. The auditor of state shall thereupon notify the corporation of the date of the hearing before such THE board at least ten days prior to the date of such THE hearing, and at such THE hearing the corporation shall be entitled to be heard. The decision of a majority of the members of such THE board shall be final. The decision shall be in writing and shall be transmitted to the secretary of state. The secretary of state shall thereupon mail to the corporation a copy of such THE decision.

If an appeal is taken from any determination by the secretary of state of the number of such corporation's issued shares represented in this state, the secretary of state shall mail to the corporation a statement of the installment of the license fee payable in accordance with the decision by the board on such appeal, and such fee shall be payable within thirty days after the mailing of such statement by the secretary of state.

Sec. 1703.27. No foreign nonprofit corporation shall exercise its corporate privileges in this state in a continual course of transactions until it has first procured from the secretary of state a certificate authorizing it to do so.

Before issuing such certificate the secretary of state shall require such foreign corporation to file in the secretary of state's office a certificate of good standing or subsistence, setting forth the exact corporate title, the date of incorporation, and the fact that the corporation is in good standing or is a subsisting corporation, certified by the secretary of state, or other proper official, of the state under the laws of which the corporation was incorporated, and a statement, on a form prescribed by the secretary of state, verified by the oath of one of its officers, setting forth, but not limited to:

(A) The name of the corporation;

(B) The state under the laws of which it is incorporated;

(C) The location of its principal office;

(D) The corporate privileges it proposes to exercise in this state;

(E) The location of its principal office in this state;

(F) The appointment of a designated agent and the complete address of such agent;

(G) Its irrevocable consent to service of process on such agent so long as the authority of such THE agent continues and to service of process upon the secretary of state in the events provided for in section 1703.19 of the Revised Code.

For the filing of such statement the secretary of state shall charge and collect a fee of thirty-five dollars.

A FOREIGN NONPROFIT CORPORATION SHALL FILE AN AMENDMENT WITH THE SECRETARY OF STATE IF THERE IS A MODIFICATION OF ANY OF THE INFORMATION REQUIRED TO BE INCLUDED IN ITS STATEMENT. FOR THE FILING OF SUCH AMENDMENT THE SECRETARY OF STATE SHALL CHARGE AND COLLECT A FEE OF FIFTY DOLLARS.

Sections 1703.01 to 1703.31 of the Revised Code, governing foreign corporations for profit in respect to exemption from attachment, change of location of principal office, change of its designated agent or of his THE DESIGNATED AGENT'S address, service on the secretary of state, license certificate as prima-facie evidence, proof of due incorporation, filing of certificates AMENDMENTS evidencing changes of corporate name, merger, or consolidation, filing of certificate of surrender, service on retired corporation, and penalties or forfeitures for transacting business without license, for false reports, and for failure to comply with other applicable provisions of such sections, shall also apply to foreign nonprofit corporations.

The secretary of state may require further reports, certificates, or information from a foreign nonprofit corporation, including verification of the continued existence of the corporation. Upon the failure of any corporation to provide the information, the secretary of state shall give notice of the failure by certified mail and, if the report is not filed within thirty days after the mailing of the notice, the license of the corporation to exercise its corporate privileges in this state shall expire and the secretary of state shall make a notation to that effect on the secretary of state's records.

Sec. 1707.041. (A)(1) No control bid for any securities of a subject company shall be made pursuant to a tender offer or request or invitation for tenders until the offeror files with the division of securities the information prescribed in division (A)(2) of this section. The offeror shall deliver a copy of the information specified in division (A)(2) of this section, by personal service, to the subject company at its principal office not later than the time of the filing with the division of securities. The offeror shall send or deliver to all offerees in this state, as soon as practicable after the filing, the material terms of the proposed offer and the information specified in division (A)(2) of this section.

(2) The information to be filed with the division of securities, with the subject company, and with any other offeror, pursuant to division (A)(1) of this section, shall include:

(a) Copies of all prospectuses, brochures, advertisements, circulars, letters, or other matter by means of which the offeror proposes to disclose to offerees all information material to a decision to accept or reject the offer;

(b) The identity and background of all persons on whose behalf the acquisition of any equity security of the subject company has been or is to be effected;

(c) The source and amount of funds or other consideration used or to be used in acquiring any equity security, including a statement describing any securities, other than the existing capital stock or long term debt of the offeror, which are being offered in exchange for the equity securities of the subject company;

(d) A statement of any plans or proposals that the offeror, upon gaining control, may have to liquidate the subject company, sell its assets, effect a merger or consolidation of it, establish, terminate, convert, or amend employee benefit plans, close any plant or facility of the subject company or of any of its subsidiaries or affiliates, change or reduce the work force of the subject company or any of its subsidiaries or affiliates, or make any other major change in its business, corporate structure, management personnel, or policies of employment;

(e) The number of shares of any equity security of the subject company of which each offeror is beneficial or record owner or has a right to acquire, directly or indirectly, together with the name and address of each person defined in this section as an offeror;

(f) Particulars as to any contracts, arrangements, or understandings to which an offeror is party with respect to any equity security of the subject company, including transfers of any equity security, joint ventures, loan or option arrangements, puts and calls, guarantees of loan, guarantees against loss, guarantees of profits, division of losses or profits, or the giving or withholding of proxies, naming the persons with whom such contracts, arrangements, or understandings have been entered into;

(g) Complete information on the organization and operations of offeror, including the year of organization, the form of organization, the jurisdiction in which it is organized, a description of each class of the offeror's capital stock and of its long term debt, financial statements for the current period and for the three most recent annual accounting periods, a brief description of the location and general character of the principal physical properties of the offeror and its subsidiaries, a description of pending legal proceedings other than routine litigation to which the offeror or any of its subsidiaries is a party or of which any of their property is the subject, a brief description of the business done and projected by the offeror and its subsidiaries and the general development of such business over the past three years, the names of all directors and executive officers together with biographical summaries of each for the preceding three years to date, and the approximate amount of any material interest, direct or indirect, of any of the directors or officers in any material transaction during the past three years, or in any proposed material transactions, to which the offeror or any of its subsidiaries was or is to be a party;

(h) Such other and further documents, exhibits, data, and information as may be required by regulations of the division of securities, or as may be necessary to make fair, full, and effective disclosure to offerees of all information material to a decision to accept or reject the offer.

(3) Within three FIVE calendar days of the date of filing by an offeror of information specified in division (A)(2) of this section, the division of securities may by order summarily suspend the continuation of the control bid if the division determines that all of the information specified has not been provided by the offeror or that the control bid materials provided to offerees do not provide full disclosure to offerees of all material information concerning the control bid. Such a suspension shall remain in effect only until the determination following a hearing held pursuant to division (A)(4) of this section.

(4) A hearing shall be scheduled and held by the division of securities with respect to each suspension imposed under division (A)(3) of this section. The hearing shall be held within ten calendar days of the date on which the suspension is imposed. Chapter 119. of the Revised Code does not apply to a hearing held under this division. The division of securities may allow any interested party to appear at and participate in the hearing in a manner considered appropriate by the division. The determination of the division of securities made following the hearing shall be made within three calendar days after the hearing has been completed, and no later than sixteen FOURTEEN calendar days after the date on which the suspension is imposed. The division of securities, by rule or order, may prescribe time limits for conducting the hearing and for the making of the determination that are shorter than those specified in this division. If, based upon the hearing, the division of securities determines that all of the information required to be provided by division (A)(2) of this section has not been provided by the offeror, that the control bid materials provided to offerees do not provide full disclosure to offerees of all material information concerning the control bid, or that the control bid is in material violation of any provision of this chapter, the division shall maintain the suspension of the continuation of the control bid, subject to the right of the offeror to correct disclosure and other deficiencies identified by the division and to reinstitute the control bid by filing new or amended information pursuant to this section.

(B)(1) No control bid shall be made pursuant to a tender offer or request or invitation for tenders unless division (A) of section 1707.14 of the Revised Code has been complied with, and no offeror shall make a control bid that is not made to all holders residing in this state of the equity security that is the subject of the control bid, or that is not made to such holders on the same terms as the control bid is made to holders of such equity security not residing in this state.

(2) No offeror may make a control bid pursuant to a tender offer or request or invitation for tenders or acquire any equity security in this state pursuant to a control bid at any time during which any proceeding by the division alleging a violation of any provision of this chapter is pending against the offeror.

(3) No offeror may acquire from any resident of this state in any manner any equity security of any class of a subject company at any time within two years following the last acquisition of any security of the same class pursuant to a control bid pursuant to a tender offer or request or invitation for tenders by that offeror, whether the acquisition was made by purchase, exchange, merger, consolidation, partial or complete liquidation, redemption, reverse stock split, recapitalization, reorganization, or any other similar transaction, unless the resident is afforded, at the time of the later acquisition, a reasonable opportunity to dispose of the security to the offeror upon substantially the same terms as those provided in the earlier control bid.

(4) If an offeror makes a tender offer or request or invitation for tenders not subject to Rule 14D-1 or Rule 14D-4 of the securities and exchange commission under the "Securities Exchange Act of 1934," for less than all the outstanding equity securities of a class, and if a greater number of securities is deposited pursuant thereto within ten days after copies of the offer or request or invitation for tenders are first published or sent or given to security holders than the offeror is bound or willing to take up and pay for, the securities shall be taken up as nearly as may be pro rata, disregarding fractions, according to the number of securities deposited by each offeree. The preceding sentence applies to securities deposited within ten days after notice of an increase in the consideration offered to security holders, as described in the next sentence, is first published or sent or given to security holders. If the terms of a control bid are changed before its expiration by increasing the consideration offered to offerees, the offeror shall pay the increased consideration for all equity securities taken up, whether the same are deposited or taken up before or after the change in the terms of the control bid.

(C) If the offeror or the subject company is a banking corporation subject to regulation by the division of banks, a savings and loan association subject to regulation by the division of savings and loan associations, or a public utility corporation subject to regulation by the public utilities commission, the division of securities shall forthwith, upon receipt of the filing required under division (A) of this section, furnish a copy of the filing to the regulatory body having jurisdiction over the offeror or subject company.

(D) An offeror is subject to the liabilities and penalties applicable to a seller, and an offeree is entitled to the remedies applicable to a purchaser, as set forth in sections 1707.041 to 1707.44 of the Revised Code.

(E) The division of securities may, pursuant to Chapter 119. of the Revised Code, prescribe reasonable rules:

(1) Defining fraudulent, evasive, deceptive, or grossly unfair practices in connection with control bids, and the terms used in this section;

(2) Exempting from this section control bids not made for the purpose of, and not having the effect of, changing or influencing the control of a subject company;

(3) Covering such other matters as are necessary to give effect to this section.

(F) If the offeror or a subject company is an insurance company subject to regulation under Title XXXIX of the Revised Code, the superintendent of insurance shall for all purposes of this section be substituted for the division of securities. This section shall not be construed to limit or modify in any way any responsibility, authority, power, or jurisdiction of the division of securities or the superintendent of insurance pursuant to any other section of the Revised Code.

(G) This section does not apply when:

(1) The offeror or the subject company is a public utility or a public utility holding company as defined in section 2 of the "Public Utility Holding Company Act of 1935," 49 Stat. 803, 15 U.S.C. 79, as amended, and the control bid is subject to approval by the appropriate federal agency as provided in such act;

(2) The offeror or the subject company is a bank or a bank holding company as subject to the "Bank Holding Company Act of 1956," 70 Stat. 133, 12 U.S.C. 1841, and subsequent amendments thereto, and the control bid is subject to approval by the appropriate federal agency as provided in such act;

(3) The offeror or the subject company is a savings and loan holding company as defined in section 2 of the "Savings and Loan Holding Company Amendments of 1967," 82 Stat. 5, 12 U.S.C. 1730a, as amended, and the control bid is subject to approval by the appropriate federal agency as provided in such act;

(4) The offeror and the subject company are banks and the offer is part of a merger transaction subject to approval by appropriate federal supervisory authorities.

(H) If any application of any provision of this section is for any reason held to be illegal or invalid, the illegality or invalidity shall not affect any legal and valid provision or application of this section, and the parts and application of this section are severable.

Sec. 1707.44. (A) No person shall engage in any act or practice that violates division (A), (B), or (C) of section 1707.14 of the Revised Code, AND NO SALESPERSON SHALL SELL SECURITIES IN THIS STATE WITHOUT BEING LICENSED PURSUANT TO SECTION 1707.16 of the Revised Code.

(B) No person shall knowingly make or cause to be made any false representation concerning a material and relevant fact, in any oral statement or in any prospectus, circular, description, application, or written statement, for any of the following purposes:

(1) Complying with this chapter, in regard to registering securities by description;

(2) Securing the qualification of any securities under this chapter;

(3) Procuring the licensing of any dealer or salesman SALESPERSON under this chapter;

(4) Selling any securities in this state.

(C) No person shall knowingly and intentionally sell, cause to be sold, offer for sale, or cause to be offered for sale, any security which comes under any of the following descriptions:

(1) Is not exempt under section 1707.02 of the Revised Code, nor the subject matter of one of the transactions exempted in sections 1707.03, 1707.04, and 1707.34 of the Revised Code, has not been registered by description, coordination, or qualification, and is not the subject matter of a transaction that has been registered by description;

(2) The prescribed fees for registering by description, by coordination, or by qualification have not been paid in respect to such security;

(3) Such person has been notified by the division, or has knowledge of such THE notice, that the right to buy, sell, or deal in such security has been suspended or revoked, or that the registration by description, by coordination, or by qualification under which it may be sold has been suspended or revoked;

(4) The offer or sale is accompanied by a statement that the security offered or sold has been or is to be in any manner indorsed by the division.

(D) No person who is an officer, director, or trustee of, or a dealer for, any issuer, and who knows such issuer to be insolvent in that the liabilities of such issuer exceed its assets, shall sell any securities of or for any such issuer, without disclosing the fact of such THE insolvency to the purchaser.

(E) No person with intent to aid in the sale of any securities on behalf of the issuer, shall knowingly make any representation not authorized by such issuer or at material variance with statements and documents filed with the division by such issuer.

(F) No person, with intent to deceive, shall sell, cause to be sold, offer for sale, or cause to be offered for sale, any securities of an insolvent issuer, with knowledge that such issuer is insolvent in that the liabilities of such issuer exceed its assets, taken at their fair market value.

(G) No person in selling securities shall knowingly engage in any act or practice which is, in this chapter, declared illegal, defined as fraudulent, or prohibited.

(H) No licensed dealer shall refuse to buy from, sell to, or trade with any person because such THE person appears on a blacklist issued by, or is being boycotted by, any foreign corporate or governmental entity, nor sell any securities of or for any issuer who is known in relation to the issuance or sale of such securities to have engaged in such practices.

(I) No dealer in securities, knowing that his THE DEALER'S liabilities exceed the reasonable value of his THE DEALER'S assets, shall accept money or securities, except in payment of or as security for an existing debt, from a customer who is ignorant of such THE dealer's insolvency, and thereby cause the customer to lose any part of his THE CUSTOMER'S securities or the value thereof, by doing either of the following without the customer's consent:

(1) Pledging, selling, or otherwise disposing of such securities, when the dealer has no lien on or any special property in such securities;

(2) Pledging such securities for more than the amount due, or otherwise disposing of such securities for his THE DEALER'S own benefit, when the dealer has a lien or indebtedness on such securities.

It is an affirmative defense to a charge under this division that, at the time the securities involved were pledged, sold, or disposed of, the dealer had in his THE DEALER'S possession or control, and available for delivery, securities of the same kinds and in amounts sufficient to satisfy all customers entitled thereto, upon demand and tender of any amount due thereon.

(J) No person, with purpose to deceive, shall make, issue, publish, or cause to be made, issued, or published any statement or advertisement as to the value of securities, or as to alleged facts affecting the value of securities, or as to the financial condition of any issuer of securities, when such THE person knows that such statement or advertisement is false in any material respect.

(K) No person, with purpose to deceive, shall make, record, or publish or cause to be made, recorded, or published, a report of any transaction in securities which is false in any material respect.

(L) No dealer shall engage in any act that violates the provisions of section 15(c) or 15(g) of the "Securities Exchange Act of 1934," 48 Stat. 881, 15 U.S.C.A. 78o(c) or (g), or any rule or regulation promulgated by the securities and exchange commission thereunder. If, subsequent to the effective date of this amendment OCTOBER 11, 1994, additional amendments to section 15(c) or 15(g) are adopted, or additional rules or regulations are promulgated pursuant to such sections, the division of securities shall, by rule, adopt the amendments, rules, or regulations, unless the division finds that the amendments, rules, or regulations are not necessary for the protection of investors or in the public interest.

Sec. 1731.07. The premiums or other charges received by an insurer from or on behalf of an enrolled small employer and eligible employees or retirees under a health benefit plan provided by the insurer under a qualified alliance program shall not be considered "premiums received" for purposes of division (B)(A) of section 5725.18 and section 5729.03 of the Revised Code, and are exempt from any other tax or excise in this state.

Sec. 1785.01. As used in this chapter:

(A) "Professional service" means any type of professional service which may be performed only pursuant to a license, certificate, or other legal authorization, as provided by Chapters 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4731., 4732., 4733., 4734., and 4741., and sections 4755.01 to 4755.12, and sections 4755.40 to 4755.53 4755.56 of the Revised Code, to certified public accountants, licensed public accountants, architects, attorneys, chiropractors, dentists, REGISTERED NURSES, OPTOMETRISTS, pharmacists, optometrists, physicians and surgeons, practitioners of THE limited branches of medicine or surgery as defined SPECIFIED in section 4731.15 of the Revised Code, psychologists, professional engineers, CHIROPRACTORS, veterinarians, OCCUPATIONAL THERAPISTS, AND physical therapists, and registered nurses, and occupational therapists.

(B) "Professional association" means an association organized under this chapter, for the sole purpose of rendering one of the professional services authorized under Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4731., 4732., 4733., 4734., or 4741. or sections 4755.01 to 4755.12 or sections 4755.40 to 4755.53 4755.56 of the Revised Code, or a combination of the professional services authorized under Chapters 4703. and 4733. of the Revised Code.

Sec. 2113.07. Before being appointed executor or administrator, every person shall make and file an application that shall contain the names of the surviving spouse and all the next of kin of the deceased known to the applicant, their post-office addresses if known, a statement in general terms as to what the estate consists of and its probable value, and a statement of any indebtedness the deceased had against the applicant, AND A STATEMENT AS TO WHETHER THE DECEASED HAD AFTER THE AGE OF FIFTY-FIVE BEEN A MEDICAID RECIPIENT UNDER CHAPTER 5111. of the Revised Code.

The application may be accompanied by a waiver signed by the persons who have priority to administer the estate, and, in the absence of a waiver, those persons shall be cited by the probate court for the purpose of ascertaining whether they desire to take or renounce administration.

Letters of administration shall not be issued upon the estate of an intestate until the person to be appointed has made and filed a statement indicating that there is not to his THE PERSON'S knowledge a last will and testament of the intestate. IF THE PERSON INDICATED IN THE APPLICATION TO BE APPOINTED EXECUTOR OR ADMINISTRATOR THAT THE DECEASED HAD RECEIVED MEDICAID AFTER THE AGE OF FIFTY-FIVE, LETTERS OF ADMINISTRATION SHALL NOT BE ISSUED UNTIL THE PERSON NOTIFIES THE COURT THAT A COPY OF THE APPLICATION HAS BEEN FILED WITH THE OFFICE OF THE ATTORNEY GENERAL FOR PURPOSES OF RECOVERY ON BEHALF OF THE STATE.

Sec. 2151.23. (A) The juvenile court has exclusive original jurisdiction under the Revised Code as follows:

(1) Concerning any child who on or about the date specified in the complaint is alleged to be a juvenile traffic offender or a delinquent, unruly, abused, neglected, or dependent child;

(2) Subject to division (V) of section 2301.03 of the Revised Code, to determine the custody of any child not a ward of another court of this state;

(3) To hear and determine any application for a writ of habeas corpus involving the custody of a child;

(4) To exercise the powers and jurisdiction given the probate division of the court of common pleas in Chapter 5122. of the Revised Code, if the court has probable cause to believe that a child otherwise within the jurisdiction of the court is a mentally ill person subject to hospitalization by court order, as defined in section 5122.01 of the Revised Code;

(5) To hear and determine all criminal cases charging adults with the violation of any section of this chapter;

(6) To hear and determine all criminal cases in which an adult is charged with a violation of division (C) of section 2919.21, division (B)(1) of section 2919.22, division (B) of section 2919.23, or section 2919.24 of the Revised Code, provided the charge is not included in an indictment that also charges the alleged adult offender with the commission of a felony arising out of the same actions that are the basis of the alleged violation of division (C) of section 2919.21, division (B)(1) of section 2919.22, division (B) of section 2919.23, or section 2919.24 of the Revised Code;

(7) Under the interstate compact on juveniles in section 2151.56 of the Revised Code;

(8) Concerning any child who is to be taken into custody pursuant to section 2151.31 of the Revised Code, upon being notified of the intent to take the child into custody and the reasons for taking the child into custody;

(9) To hear and determine requests for the extension of temporary custody agreements, and requests for court approval of permanent custody agreements, that are filed pursuant to section 5103.15 of the Revised Code;

(10) To hear and determine applications for consent to marry pursuant to section 3101.04 of the Revised Code;

(11) Subject to division (V) of section 2301.03 of the Revised Code, to hear and determine a request for an order for the support of any child if the request is not ancillary to an action for divorce, dissolution of marriage, annulment, or legal separation, a criminal or civil action involving an allegation of domestic violence, or an action for support brought under Chapter 3115. of the Revised Code;

(12) Concerning an action commenced under section 121.38 of the Revised Code;

(13) CONCERNING AN ACTION COMMENCED UNDER SECTION 2151.55 of the Revised Code.

(B) The juvenile court has original jurisdiction under the Revised Code:

(1) To hear and determine all cases of misdemeanors charging adults with any act or omission with respect to any child, which act or omission is a violation of any state law or any municipal ordinance;

(2) To determine the paternity of any child alleged to have been born out of wedlock pursuant to sections 3111.01 to 3111.19 of the Revised Code;

(3) Under the uniform reciprocal enforcement of support act in Chapter 3115. of the Revised Code;

(4) To hear and determine an application for an order for the support of any child, if the child is not a ward of another court of this state.

(C) The juvenile court, except as to juvenile courts that are a separate division of the court of common pleas or a separate and independent juvenile court, has jurisdiction to hear, determine, and make a record of any action for divorce or legal separation that involves the custody or care of children and that is filed in the court of common pleas and certified by the court of common pleas with all the papers filed in the action to the juvenile court for trial, provided that no certification of that nature shall be made to any juvenile court unless the consent of the juvenile judge first is obtained. After a certification of that nature is made and consent is obtained, the juvenile court shall proceed as if the action originally had been begun in that court, except as to awards for spousal support or support due and unpaid at the time of certification, over which the juvenile court has no jurisdiction.

(D) The juvenile court has jurisdiction to hear and determine all matters as to custody and support of children duly certified by the court of common pleas to the juvenile court after a divorce decree has been granted, including jurisdiction to modify the judgment and decree of the court of common pleas as the same relate to the custody and support of children.

(E) The juvenile court has jurisdiction to hear and determine the case of any child certified to the court by any court of competent jurisdiction if the child comes within the jurisdiction of the juvenile court as defined by this section.

(F)(1) The juvenile court shall exercise its jurisdiction in child custody matters in accordance with sections 3109.04, 3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code.

(2) The juvenile court shall exercise its jurisdiction in child support matters in accordance with section 3109.05 of the Revised Code.

(G)(1) Each order for child support made or modified by a juvenile court on or after December 31, 1993, shall include as part of the order a general provision, as described in division (A)(1) of section 3113.21 of the Revised Code, requiring the withholding or deduction of wages or assets of the obligor under the order as described in division (D) of section 3113.21 of the Revised Code, or another type of appropriate requirement as described in division (D)(6), (D)(7), or (H) of that section, to ensure that withholding or deduction from the wages or assets of the obligor is available from the commencement of the support order for collection of the support and of any arrearages that occur; a statement requiring all parties to the order to notify the child support enforcement agency in writing of their current mailing address, their current residence address, and any changes in either address; and a notice that the requirement to notify the child support enforcement agency of all changes in either address continues until further notice from the court. Any juvenile court that makes or modifies an order for child support on or after April 12, 1990, shall comply with sections 3113.21 to 3113.219 of the Revised Code. If any person required to pay child support under an order made by a juvenile court on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.

(2) Notwithstanding section 3109.01 of the Revised Code, if a juvenile court issues a child support order under this chapter, the order shall remain in effect beyond the child's eighteenth birthday as long as the child continuously attends on a full-time basis any recognized and accredited high school. Any parent ordered to pay support under a child support order issued under this chapter shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates.

(H) If a child who is charged with an act that would be an offense if committed by an adult was fourteen years of age or older and under eighteen years of age at the time of the alleged act and if the case is transferred for criminal prosecution pursuant to section 2151.26 of the Revised Code, the juvenile court does not have jurisdiction to hear or determine the case subsequent to the transfer. The court to which the case is transferred for criminal prosecution pursuant to that section has jurisdiction subsequent to the transfer to hear and determine the case in the same manner as if the case originally had been commenced in that court, including, but not limited to, jurisdiction to accept a plea of guilty or another plea authorized by Criminal Rule 11 or another section of the Revised Code and jurisdiction to accept a verdict and to enter a judgment of conviction pursuant to the Rules of Criminal Procedure against the child for the commission of the offense that was the basis of the transfer of the case for criminal prosecution, whether the conviction is for the same degree or a lesser degree of the offense charged, for the commission of a lesser-included offense, or for the commission of another offense that is different from the offense charged.

(I) If a person under eighteen years of age allegedly commits an act that would be a felony if committed by an adult and if the person is not taken into custody or apprehended for that act until after the person attains twenty-one years of age, the juvenile court does not have jurisdiction to hear or determine any portion of the case charging the person with committing that act. In those circumstances, divisions (B) and (C) of section 2151.26 of the Revised Code do not apply regarding the act, the case charging the person with committing the act shall be a criminal prosecution commenced and heard in the appropriate court having jurisdiction of the offense as if the person had been eighteen years of age or older when the person committed the act, all proceedings pertaining to the act shall be within the jurisdiction of the court having jurisdiction of the offense, and the court having jurisdiction of the offense has all the authority and duties in the case as it has in other criminal cases commenced in that court.

Sec. 2151.355. (A) If a child is adjudicated a delinquent child, the court may make any of the following orders of disposition:

(1) Any order that is authorized by section 2151.353 of the Revised Code;

(2) Place the child on probation under any conditions that the court prescribes. If the child is adjudicated a delinquent child for violating section 2909.05, 2909.06, or 2909.07 of the Revised Code and if restitution is appropriate under the circumstances of the case, the court shall require the child to make restitution for the property damage caused by the child's violation as a condition of the child's probation. If the child is adjudicated a delinquent child because the child violated any other section of the Revised Code, the court may require the child as a condition of the child's probation to make restitution for the property damage caused by the child's violation and for the value of the property that was the subject of the violation the child committed if it would be a theft offense, as defined in division (K) of section 2913.01 of the Revised Code, if committed by an adult. The restitution may be in the form of a cash reimbursement paid in a lump sum or in installments, the performance of repair work to restore any damaged property to its original condition, the performance of a reasonable amount of labor for the victim approximately equal to the value of the property damage caused by the child's violation or to the value of the property that is the subject of the violation if it would be a theft offense if committed by an adult, the performance of community service or community work, any other form of restitution devised by the court, or any combination of the previously described forms of restitution.

If the child is adjudicated a delinquent child for violating a law of this state or the United States, or an ordinance or regulation of a political subdivision of this state, that would be a crime if committed by an adult or for violating division (A) of section 2923.211 of the Revised Code, the court, in addition to all other required or permissive conditions of probation that the court imposes upon the delinquent child pursuant to division (A)(2) of this section, shall require the child as a condition of the child's probation to abide by the law during the period of probation, including, but not limited to, complying with the provisions of Chapter 2923. of the Revised Code relating to the possession, sale, furnishing, transfer, disposition, purchase, acquisition, carrying, conveying, or use of, or other conduct involving, a firearm or dangerous ordnance, as defined in section 2923.11 of the Revised Code.

(3) Commit the child to the temporary custody of any school, camp, institution, or other facility operated for the care of delinquent children by the county, by a district organized under section 2151.34 or 2151.65 of the Revised Code, or by a private agency or organization, within or without the state, that is authorized and qualified to provide the care, treatment, or placement required;

(4) If the child is adjudicated a delinquent child for committing an act that would be a felony of the third, fourth, or fifth degree if committed by an adult or for violating division (A) of section 2923.211 of the Revised Code, commit the child to the legal custody of the department of youth services for institutionalization for an indefinite term consisting of a minimum period of six months and a maximum period not to exceed the child's attainment of twenty-one years of age;

(5)(a) If the child is adjudicated a delinquent child for violating section 2903.03, 2905.01, 2909.02, or 2911.01 or division (A) of section 2903.04 of the Revised Code or for violating any provision of section 2907.02 of the Revised Code other than division (A)(1)(b) of that section when the sexual conduct or insertion involved was consensual and when the victim of the violation of division (A)(1)(b) of that section was older than the delinquent child, was the same age as the delinquent child, or was less than three years younger than the delinquent child, commit the child to the legal custody of the department of youth services for institutionalization in a secure facility for an indefinite term consisting of a minimum period of one to three years, as prescribed by the court, and a maximum period not to exceed the child's attainment of twenty-one years of age;

(b) If the child is adjudicated a delinquent child for violating section 2923.02 of the Revised Code and if the violation involves an attempt to commit a violation of section 2903.01 or 2903.02 of the Revised Code, commit the child to the legal custody of the department of youth services for institutionalization in a secure facility for an indefinite term consisting of a minimum period of six to seven years, as prescribed by the court, and a maximum period not to exceed the child's attainment of twenty-one years of age;

(c) If the child is adjudicated a delinquent child for committing an act that is not described in division (A)(5)(a) or (b), of this section and that would be a felony of the first or second degree if committed by an adult, commit the child to the legal custody of the department of youth services for institutionalization in a secure facility for an indefinite term consisting of a minimum period of one year and a maximum period not to exceed the child's attainment of twenty-one years of age;

(6) If the child is adjudicated a delinquent child for committing a violation of section 2903.01 or 2903.02 of the Revised Code, commit the child to the legal custody of the department of youth services for institutionalization in a secure facility until the child's attainment of twenty-one years of age;

(7)(a) If the child is adjudicated a delinquent child for committing an act, other than a violation of section 2923.12 of the Revised Code, that would be a felony if committed by an adult and is committed to the legal custody of the department of youth services pursuant to division (A)(4), (5), or (6) of this section and if the court determines that the child, if the child was an adult, would be guilty of a specification of the type set forth in section 2941.141 , 2941.144, 2941.145, or 2941.146 of the Revised Code in relation to the act for which the child was adjudicated a delinquent child, commit the child to the legal custody of the department of youth services for institutionalization in a secure facility for the following period of time, subject to division (A)(7)(b) of this section:

(i) If the child would be guilty of a specification of the type set forth in section 2941.141 of the Revised Code, a period of one year;

(ii) If the child would be guilty of a specification of the type set forth in section 2941.144, 2941.145, or 2941.146 of the Revised Code, a period of three years.

(b) The court shall not commit a child to the legal custody of the department of youth services pursuant to division (A)(7)(a) of this section for a period of time that exceeds three years. The period of commitment imposed pursuant to division (A)(7)(a) of this section shall be in addition to, and shall be served consecutively with and prior to, a period of commitment ordered pursuant to division (A)(4), (5), or (6) of this section, provided that the total of all the periods of commitment shall not exceed the child's attainment of twenty-one years of age.

(8)(a) Impose a fine and costs in accordance with the schedule set forth in section 2151.3512 of the Revised Code;

(b) Require the child to make restitution for all or part of the property damage caused by the child's delinquent act and for all or part of the value of the property that was the subject of any delinquent act the child committed that would be a theft offense, as defined in division (K) of section 2913.01 of the Revised Code, if committed by an adult. If the court determines that the victim of the child's delinquent act was sixty-five years of age or older or permanently and totally disabled at the time of the commission of the act, the court, regardless of whether or not the child knew the age of the victim, shall consider that fact in favor of imposing restitution, but that fact shall not control the decision of the court. The restitution may be in the form of a cash reimbursement paid in a lump sum or in installments, the performance of repair work to restore any damaged property to its original condition, the performance of a reasonable amount of labor for the victim, the performance of community service or community work, any other form of restitution devised by the court, or any combination of the previously described forms of restitution.

(9) Suspend or revoke the driver's license or temporary instruction permit issued to the child or suspend or revoke the registration of all motor vehicles registered in the name of the child;

(10) If the child is adjudicated a delinquent child for committing an act that, if committed by an adult, would be a criminal offense that would qualify the adult as an eligible offender pursuant to division (A)(3) of section 2929.23 of the Revised Code, impose a period of electronically monitored house detention in accordance with division (I) of this section that does not exceed the maximum sentence of imprisonment that could be imposed upon an adult who commits the same act;

(11) Commit the child to the temporary or permanent custody of the court;

(12) Make any further disposition that the court finds proper, except that the child shall not be placed in any OF THE FOLLOWING:

(a) A state correctional institution, A county, multicounty, or municipal jail or workhouse, or any other ANOTHER place in which an adult convicted of a crime, under arrest, or charged with a crime is held;

(b) A COMMUNITY CORRECTIONS FACILITY, IF THE CHILD WOULD BE COVERED BY THE DEFINITION OF PUBLIC SAFETY BEDS FOR PURPOSES OF SECTIONS 5139.41 TO 5139.45 OF THE REVISED CODE IF THE COURT EXERCISED ITS AUTHORITY TO COMMIT THE CHILD TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES FOR INSTITUTIONALIZATION OR INSTITUTIONALIZATION IN A SECURE FACILITY PURSUANT TO DIVISION (A)(4), (5), OR (6) OF THIS SECTION. AS USED IN DIVISION (A)(12)(b) OF THIS SECTION, "COMMUNITY CORRECTIONS FACILITY" AND "PUBLIC SAFETY BEDS" HAVE THE SAME MEANINGS AS IN SECTION 5139.01 OF THE REVISED CODE.

(B)(1) If a child is adjudicated a delinquent child for violating section 2923.32 of the Revised Code, the court, in addition to any order of disposition it makes for the child under division (A) of this section, shall enter an order of criminal forfeiture against the child, in accordance with divisions (B)(3), (4), (5), and (6) and (C) to (F) of section 2923.32 of the Revised Code.

(2) If a child is adjudicated a delinquent child for committing two or more acts that would be felonies if committed by an adult and if the court entering the delinquent child adjudication orders the commitment of the child, for two or more of those acts, to the legal custody of the department of youth services for institutionalization or institutionalization in a secure facility pursuant to division (A)(4), (5), or (6) of this section, the court may order that all of the periods of commitment imposed under those divisions for those acts be served consecutively in the legal custody of the department of youth services and, if applicable, be in addition to and commence immediately following the expiration of a period of commitment that the court imposes pursuant to division (A)(7) of this section. A court shall not commit a delinquent child to the legal custody of the department of youth services under division (B)(2) of this section for a period that exceeds the child's attainment of twenty-one years of age.

(C) If a child is adjudicated a delinquent child for committing an act that, if committed by an adult, would be a drug abuse offense, as defined in section 2925.01 of the Revised Code, or for violating division (B) of section 2917.11 of the Revised Code, in addition to imposing in its discretion any other order of disposition authorized by this section, the court shall do both of the following:

(1) Require the child to participate in a drug abuse or alcohol abuse counseling program;

(2) Suspend or revoke the temporary instruction permit or probationary operator's license issued to the child until the child attains eighteen years of age or attends, at the discretion of the court, and satisfactorily completes, a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court. During the time the child is attending the program, the court shall retain any temporary instruction permit or probationary license issued to the child, and the court shall return the permit or license when the child satisfactorily completes the program.

(D)(1) At the dispositional hearing and prior to making any disposition pursuant to division (A) of this section, the court shall determine whether a victim of the delinquent act committed by the child was five years of age or younger at the time the delinquent act was committed, whether a victim of the delinquent act sustained physical harm to the victim's person during the commission of or otherwise as a result of the delinquent act, whether a victim of the delinquent act was sixty-five years of age or older or permanently and totally disabled at the time the delinquent act was committed, and whether the delinquent act would have been an offense of violence if committed by an adult. If the victim was five years of age or younger at the time the delinquent act was committed, sustained physical harm to the victim's person during the commission of or otherwise as a result of the delinquent act, or was sixty-five years of age or older or permanently and totally disabled at the time the act was committed, regardless of whether the child knew the age of the victim, and if the act would have been an offense of violence if committed by an adult, the court shall consider those facts in favor of imposing commitment under division (A)(3), (4), (5), or (6) of this section, but those facts shall not control the court's decision.

(2) At the dispositional hearing and prior to making any disposition pursuant to division (A)(4), (5), or (6) of this section, the court shall determine whether the delinquent child previously has been adjudicated a delinquent child for a violation of a law or ordinance. If the delinquent child previously has been adjudicated a delinquent child for a violation of a law or ordinance, the court, for purposes of entering an order of disposition for the delinquent child under this section, shall consider the previous delinquent child adjudication as a conviction of a violation of the law or ordinance in determining the degree of offense the current delinquent act would be had it been committed by an adult.

(E)(1) When a juvenile court commits a delinquent child to the custody of the department of youth services pursuant to this section, the court shall not designate the specific institution in which the department is to place the child but instead shall specify that the child is to be institutionalized or that the institutionalization is to be in a secure facility if that is required by division (A) of this section.

(2) When a juvenile court commits a delinquent child to the custody of the department of youth services, the court shall provide the department with the child's social history, the child's medical records, a copy of the report of any mental examination of the child ordered by the court, the section or sections of the Revised Code violated by the child and the degree of the violation, the warrant to convey the child to the department, and a copy of the court's journal entry ordering the commitment of the child to the legal custody of the department. The department may refuse to accept physical custody of a delinquent child who is committed to the legal custody of the department until the court provides to the department the documents specified in division (E)(2) of this section. No officer or employee of the department who refuses to accept physical custody of a delinquent child who is committed to the legal custody of the department shall be subject to prosecution or contempt of court for the refusal if the court fails to provide the documents specified in division (E)(2) of this section at the time the court transfers the physical custody of the child to the department.

(3) Within five working days after the juvenile court commits a delinquent child to the custody of the department of youth services, the court shall provide the department with a copy of the arrest record pertaining to the act for which the child was adjudicated a delinquent child, a copy of any victim impact statement pertaining to that act, and any other information concerning the child that the department reasonably requests. Within twenty working days after the department of youth services receives physical custody of a delinquent child from a juvenile court, the court shall provide the department with a certified copy of the child's birth certificate or the child's social security number, or, if the court made all reasonable efforts to obtain the information but was unsuccessful, the court shall provide the department with documentation of the efforts it made to obtain the information.

(4) When a juvenile court commits a delinquent child to the custody of the department of youth services, the court shall give notice to the school attended by the child of the child's commitment by sending to that school a copy of the court's journal entry ordering the commitment. As soon as possible after receipt of the notice described in this division, the school shall provide the department with the child's school transcript. However, the department shall not refuse to accept a child committed to it, and a child committed to it shall not be held in a county or district detention home, because of a school's failure to provide the school transcript that it is required to provide under division (E)(4) of this section.

(5) The department of youth services shall provide the court and the school with an updated copy of the child's school transcript and shall provide the court with a summary of the institutional record of the child when it releases the child from institutional care. The department also shall provide the court with a copy of any portion of the child's institutional record that the court specifically requests within five working days of the request.

(6) When a juvenile court commits a delinquent child to the custody of the department of youth services pursuant to division (A)(4) or (5) of this section, the court shall state in the order of commitment the total number of days that the child has been held, as of the date of the issuance of the order, in detention in connection with the delinquent child complaint upon which the order of commitment is based. The department shall reduce the minimum period of institutionalization or minimum period of institutionalization in a secure facility specified in division (A)(4) or (5) of this section by both the total number of days that the child has been so held in detention as stated by the court in the order of commitment and the total number of any additional days that the child has been held in detention subsequent to the order of commitment but prior to the transfer of physical custody of the child to the department.

(F)(1) At any hearing at which a child is adjudicated a delinquent child or as soon as possible after the hearing, the court shall notify all victims of the delinquent act, who may be entitled to a recovery under any of the following sections, of the right of the victims to recover, pursuant to section 3109.09 of the Revised Code, compensatory damages from the child's parents; of the right of the victims to recover, pursuant to section 3109.10 of the Revised Code, compensatory damages from the child's parents for willful and malicious assaults committed by the child; and of the right of the victims to recover an award of reparations pursuant to sections 2743.51 to 2743.72 of the Revised Code.

(2) If a child is adjudicated a delinquent child for committing an act that, if committed by an adult, would be aggravated murder, murder, rape, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, involuntary manslaughter, a felony of the first or second degree resulting in the death of or physical harm to a person, complicity in or an attempt to commit any of those offenses, or an offense under an existing or former law of this state that is or was substantially equivalent to any of those offenses and if the court in its order of disposition for that act commits the child to the custody of the department of youth services, the court may make a specific finding that the adjudication should be considered a conviction for purposes of a determination in the future, pursuant to Chapter 2929. of the Revised Code, as to whether the child is a repeat violent offender as defined in section 2929.01 of the Revised Code. If the court makes a specific finding as described in this division, it shall include the specific finding in its order of disposition and in the record in the case.

(G)(1) If a child is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult and if the child caused, attempted to cause, threatened to cause, or created the risk of physical harm to the victim of the act, the court, prior to issuing an order of disposition under this section, shall order the preparation of a victim impact statement by the probation department of the county in which the victim of the act resides, by the court's own probation department, or by a victim assistance program that is operated by the state, a county, a municipal corporation, or another governmental entity. The court shall consider the victim impact statement in determining the order of disposition to issue for the child.

(2) Each victim impact statement shall identify the victim of the act for which the child was adjudicated a delinquent child, itemize any economic loss suffered by the victim as a result of the act, identify any physical injury suffered by the victim as a result of the act and the seriousness and permanence of the injury, identify any change in the victim's personal welfare or familial relationships as a result of the act and any psychological impact experienced by the victim or the victim's family as a result of the act, and contain any other information related to the impact of the act upon the victim that the court requires.

(3) A victim impact statement shall be kept confidential and is not a public record, as defined in section 149.43 of the Revised Code. However, the court may furnish copies of the statement to the department of youth services pursuant to division (E)(3) of this section or to both the adjudicated delinquent child or the adjudicated delinquent child's counsel and the prosecuting attorney. The copy of a victim impact statement furnished by the court to the department pursuant to division (E)(3) of this section shall be kept confidential and is not a public record, as defined in section 149.43 of the Revised Code. The copies of a victim impact statement that are made available to the adjudicated delinquent child or the adjudicated delinquent child's counsel and the prosecuting attorney pursuant to division (G)(3) of this section shall be returned to the court by the person to whom they were made available immediately following the imposition of an order of disposition for the child under this section.

(H)(1) As used in this division, "felony drug abuse offense" has the same meaning as in section 2925.01 of the Revised Code.

(2) Sections 2925.41 to 2925.45 of the Revised Code apply to children who are adjudicated or could be adjudicated by a juvenile court to be delinquent children for an act that, if committed by an adult, would be a felony drug abuse offense. Subject to division (B) of section 2925.42 and division (E) of section 2925.43 of the Revised Code, a delinquent child of that nature loses any right to the possession of, and forfeits to the state any right, title, and interest that the delinquent child may have in, property as defined in section 2925.41 and further described in section 2925.42 or 2925.43 of the Revised Code.

(I)(1) As used in this section:

(a) "Electronic monitoring device," "certified electronic monitoring device," "electronic monitoring system," and "certified electronic monitoring system" have the same meanings as in section 2929.23 of the Revised Code.

(b) "Electronically monitored house detention" means a period of confinement of a child in the child's home or in other premises specified by the court, during which period of confinement all of the following apply:

(i) The child wears, otherwise has attached to the child's person, or otherwise is subject to monitoring by a certified electronic monitoring device or is subject to monitoring by a certified electronic monitoring system.

(ii) The child is required to remain in the child's home or other premises specified by the court for the specified period of confinement, except for periods of time during which the child is at school or at other premises as authorized by the court.

(iii) The child is subject to monitoring by a central system that monitors the certified electronic monitoring device that is attached to the child's person or that otherwise is being used to monitor the child and that can monitor and determine the child's location at any time or at a designated point in time, or the child is required to participate in monitoring by a certified electronic monitoring system.

(iv) The child is required by the court to report periodically to a person designated by the court.

(v) The child is subject to any other restrictions and requirements that may be imposed by the court.

(2) A juvenile court, pursuant to division (A)(10) of this section, may impose a period of electronically monitored house detention upon a child who is adjudicated a delinquent child for committing an act that, if committed by an adult, would be a criminal offense that would qualify the adult as an eligible offender pursuant to division (A)(3) of section 2929.23 of the Revised Code. The court may impose a period of electronically monitored house detention in addition to or in lieu of any other dispositional order imposed upon the child, except that any period of electronically monitored house detention shall not extend beyond the child's eighteenth birthday. If a court imposes a period of electronically monitored house detention upon a child, it shall require the child to wear, otherwise have attached to the child's person, or otherwise be subject to monitoring by a certified electronic monitoring device or to participate in the operation of and monitoring by a certified electronic monitoring system; to remain in the child's home or other specified premises for the entire period of electronically monitored house detention except when the court permits the child to leave those premises to go to school or to other specified premises; to be monitored by a central system that monitors the certified electronic monitoring device that is attached to the child's person or that otherwise is being used to monitor the child and that can monitor and determine the child's location at any time or at a designated point in time or to be monitored by the certified electronic monitoring system; to report periodically to a person designated by the court; and, in return for receiving a dispositional order of electronically monitored house detention, to enter into a written contract with the court agreeing to comply with all restrictions and requirements imposed by the court, agreeing to pay any fee imposed by the court for the costs of the electronically monitored house detention imposed by the court pursuant to division (E) of section 2929.23 of the Revised Code, and agreeing to waive the right to receive credit for any time served on electronically monitored house detention toward the period of any other dispositional order imposed upon the child for the act for which the dispositional order of electronically monitored house detention was imposed if the child violates any of the restrictions or requirements of the dispositional order of electronically monitored house detention. The court also may impose other reasonable restrictions and requirements upon the child.

(3) If a child violates any of the restrictions or requirements imposed upon the child as part of the child's dispositional order of electronically monitored house detention, the child shall not receive credit for any time served on electronically monitored house detention toward any other dispositional order imposed upon the child for the act for which the dispositional order of electronically monitored house detention was imposed.

(J) Within ten days after completion of the adjudication, the court shall give written notice of an adjudication that a child is a delinquent child to the superintendent of a city, local, exempted village, or joint vocational school district if the basis of the adjudication was the commission of an act that would be a criminal offense if committed by an adult and that was committed by the delinquent child when the child was sixteen years of age or older and if the act is any of the following:

(1) A violation of section 2923.122 of the Revised Code that relates to property owned or controlled by, or to an activity held under the auspices of, the board of education of that school district;

(2) A violation of section 2923.12 of the Revised Code or of a substantially similar municipal ordinance that was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district;

(3) A violation of division (A) of section 2925.03 or 2925.11 of the Revised Code that was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district and that is not a minor drug possession offense as defined in section 2925.01 of the Revised Code;

(4) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised Code, or a violation of former section 2907.12 of the Revised Code, that was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district, if the victim at the time of the commission of the act was an employee of the board of education of that school district;

(5) Complicity in any violation described in division (J)(1), (2), (3), or (4) of this section that was alleged to have been committed in the manner described in division (J)(1), (2), (3), or (4) of this section, regardless of whether the act of complicity was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district.

(K) During the period of a delinquent child's probation granted under division (A)(2) of this section, authorized probation officers who are engaged within the scope of their supervisory duties or responsibilities may search, with or without a warrant, the person of the delinquent child, the place of residence of the delinquent child, and a motor vehicle, another item of tangible or intangible personal property, or other real property in which the delinquent child has a right, title, or interest or for which the delinquent child has the express or implied permission of a person with a right, title, or interest to use, occupy, or possess if the probation officers have reasonable grounds to believe that the delinquent child is not abiding by the law or otherwise is not complying with the conditions of the delinquent child's probation. The court that places a delinquent child on probation under division (A)(2) of this section shall provide the delinquent child with a written notice that informs the delinquent child that authorized probation officers who are engaged within the scope of their supervisory duties or responsibilities may conduct those types of searches during the period of probation if they have reasonable grounds to believe that the delinquent child is not abiding by the law or otherwise is not complying with the conditions of the delinquent child's probation. The court also shall provide the written notice described in division (C)(2)(b) of section 2151.411 of the Revised Code to each parent, guardian, or custodian of the delinquent child who is described in division (C)(2)(a) of that section.

(L) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL SEPTEMBER 30, 1997.

Sec. 2151.421. (A)(1)(a) No attorney, physician, including a hospital intern or resident, dentist, podiatrist, practitioner of a limited branch of medicine or surgery as defined in section 4731.15 of the Revised Code, registered nurse, licensed practical nurse, visiting nurse, other health care professional, licensed psychologist, licensed school psychologist, speech pathologist or audiologist, coroner, administrator or employee of a child day-care center, administrator or employee of a certified child care agency or other public or private children services agency, school teacher, school employee, school authority, person engaged in social work or the practice of professional counseling, or person rendering spiritual treatment through prayer in accordance with the tenets of a well-recognized religion, PERSON DESCRIBED IN DIVISION (A)(1)(b) OF THIS SECTION who is acting in an official or professional capacity and knows or suspects that a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired child under twenty-one years of age has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child, shall fail to immediately report that knowledge or suspicion to the PUBLIC children services board, the county department of human services exercising the children services function, AGENCY or a municipal or county peace officer in the county in which the child resides or in which the abuse or neglect is occurring or has occurred.

(b) DIVISION (A)(1)(a)OF THIS SECTION APPLIES TO ANY PERSON WHO IS AN ATTORNEY; PHYSICIAN, INCLUDING A HOSPITAL INTERN OR RESIDENT; DENTIST; PODIATRIST; PRACTITIONER OF A LIMITED BRANCH OF MEDICINE OR SURGERY AS DEFINED IN SECTION 4731.15 OF THE REVISED CODE; REGISTERED NURSE; LICENSED PRACTICAL NURSE; VISITING NURSE; OTHER HEALTH CARE PROFESSIONAL; LICENSED PSYCHOLOGIST; LICENSED SCHOOL PSYCHOLOGIST; SPEECH PATHOLOGIST OR AUDIOLOGIST; CORONER; ADMINISTRATOR OR EMPLOYEE OF A CHILD DAY-CARE CENTER; ADMINISTRATOR OR EMPLOYEE OF A CERTIFIED CHILD CARE AGENCY OR OTHER PUBLIC OR PRIVATE CHILDREN SERVICES AGENCY; SCHOOL TEACHER; SCHOOL EMPLOYEE; SCHOOL AUTHORITY; PERSON ENGAGED IN SOCIAL WORK OR THE PRACTICE OF PROFESSIONAL COUNSELING; OR A PERSON RENDERING SPIRITUAL TREATMENT THROUGH PRAYER IN ACCORDANCE WITH THE TENETS OF A WELL-RECOGNIZED RELIGION.

(2) An attorney OR A PHYSICIAN is not required to make a report pursuant to division (A)(1) of this section concerning any communication the attorney the attorney's a client the attorney OR PHYSICIAN receives from a client OR PATIENT in an attorney-client OR PHYSICIAN-PATIENT relationship, if, in accordance with division (A) OR (B) of section 2317.02 of the Revised Code, the attorney OR PHYSICIAN could not testify with respect to that communication in a civil or criminal proceeding, except that the client OR PATIENT is deemed to have waived any testimonial privilege under division (A) OR (B) of section 2317.02 of the Revised Code with respect to that communication and the attorney OR PHYSICIAN shall make a report pursuant to division (A)(1) of this section with respect to that communication, if all of the following apply:

(a) The client OR PATIENT, at the time of the communication, is either a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired person under twenty-one years of age.

(b) The attorney OF PHYSICIAN knows or suspects, as a result of the communication or any observations made during that communication, that the client OR PATIENT has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the client OR PATIENT.

(c) The attorney-client OR PHYSICIAN-PATIENT relationship does not arise out of the client's OR PATIENT'S attempt to have an abortion without the notification of her parents, guardian, or custodian in accordance with section 2151.85 of the Revised Code.

(3) A physician is not required to make a report pursuant to division (A)(1) of this section concerning any communication the physician the physician's the patient the physician receives from a patient in a physician-patient relationship, if, in accordance with division (B) of section 2317.02 of the Revised Code, the physician could not testify with respect to that communication in a civil or criminal proceeding, except that the patient is deemed to have waived any testimonial privilege under division (B) of section 2317.02 of the Revised Code with respect to that communication and the physician shall make a report pursuant to division (A)(1) of this section with respect to that communication, if all of the following apply:

(a) The patient, at the time of the communication, is either a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired person under twenty-one years of age.

(b) The physician knows or suspects, as a result of the communication or any observations made during that communication, that the patient has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the patient.

(c) The physician-patient relationship does not arise out of the patient's attempt to have an abortion without the notification of her parents, guardian, or custodian in accordance with section 2151.85 of the Revised Code.

(B) Anyone, who knows or suspects that a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired person under twenty-one years of age has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or other condition of a nature that reasonably indicates abuse or neglect of the child, may report or cause reports to be made of that knowledge or suspicion to the PUBLIC children services board, the county department of human services exercising the children services function, AGENCY or to a municipal or county peace officer.

(C) Any report made pursuant to division (A) or (B) of this section shall be made forthwith either by telephone or in person and shall be followed by a written report, if requested by the receiving agency or officer. The written report shall contain:

(1) The names and addresses of the child and the child's parents or the person or persons having custody of the child, if known;

(2) The child's age and the nature and extent of the child's known or suspected injuries, abuse, or neglect or of the known or suspected threat of injury, abuse, or neglect, including any evidence of previous injuries, abuse, or neglect;

(3) Any other information that might be helpful in establishing the cause of the known or suspected injury, abuse, or neglect or of the known or suspected threat of injury, abuse, or neglect.

Any person, who is required by division (A) of this section to report known or suspected child abuse or child neglect, may take or cause to be taken color photographs of areas of trauma visible on a child and, if medically indicated, cause to be performed radiological examinations of the child.

(D)(1) Upon the receipt of a report concerning the possible abuse or neglect of a child or the possible threat of abuse or neglect of a child, the municipal or county peace officer who receives the report shall refer the report to the appropriate county department of human services or PUBLIC children services board AGENCY.

(2) ON RECEIPT OF A REPORT PURSUANT TO THIS DIVISION OR DIVISION (A) OR (B) OF THIS SECTION, THE PUBLIC CHILDREN SERVICES AGENCY SHALL COMPLY WITH SECTION 2151.422 OF THE REVISED CODE.

(E) No township, municipal, or county peace officer shall remove a child about whom a report is made pursuant to this section from the child's parents, stepparents, or guardian or any other persons having custody of the child without consultation with the PUBLIC children services board or the county department of human services exercising the children services function AGENCY, unless, in the judgment of the reporting physician and the officer, AND, IF THE REPORT WAS MADE BY PHYSICIAN, THE PHYSICIAN, immediate removal is considered essential to protect the child from further abuse or neglect. THE AGENCY THAT MUST BE CONSULTED SHALL BE THE AGENCY CONDUCTING THE INVESTIGATION OF THE REPORT AS DETERMINED PURSUANT TO SECTION 2151.422 OF THE REVISED CODE.

(F)(1) The county department of human services or EXCEPT AS PROVIDED IN SECTION 2151.422 of the Revised Code, THE PUBLIC children services board AGENCY shall investigate, within twenty-four hours, each report of known or suspected child abuse or child neglect and of a known or suspected threat of child abuse or child neglect that is referred to it under this section to determine the circumstances surrounding the injuries, abuse, or neglect or the threat of injury, abuse, or neglect, the cause of the injuries, abuse, neglect, or threat, and the person or persons responsible. The investigation shall be made in cooperation with the law enforcement agency and in accordance with the plan of cooperation for the county adopted MEMORANDUM OF UNDERSTANDING PREPARED under division (J) of this section. A failure to make the investigation in accordance with the plan of cooperation MEMORANDUM is not grounds for, and shall not result in, the dismissal of any charges or complaint arising from the report or the suppression of any evidence obtained as a result of the report and does not give, and shall not be construed as giving, any rights or any grounds for appeal or post-conviction relief to any person. The county department of human services or PUBLIC children services board AGENCY shall report each case to a central registry which the state department of human services shall maintain in order to determine whether prior reports have been made in other counties concerning the child or other principals in the case. The department or board AGENCY shall submit a report of its investigation, in writing to the law enforcement agency.

(2) The county department of human services or PUBLIC children services board AGENCY shall make any recommendations to the county prosecuting attorney or city director of law that it considers necessary to protect any children that are brought to its attention.

(G)(1) Except as provided in division (H)(3) of this section, anyone or any hospital, institution, school, health department, or agency participating in the making of reports under division (A) of this section, anyone or any hospital, institution, school, health department, or agency participating in good faith in the making of reports under division (B) of this section, and anyone participating in good faith in a judicial proceeding resulting from the reports, shall be immune from any civil or criminal liability for injury, death, or loss to person or property that otherwise might be incurred or imposed as a result of the making of the reports or the participation in the judicial proceeding. Notwithstanding section 4731.22 of the Revised Code, the physician-patient privilege shall not be a ground for excluding evidence regarding a child's injuries, abuse, or neglect, or the cause of the injuries, abuse, or neglect in any judicial proceeding resulting from a report submitted pursuant to this section.

(2) In any civil or criminal action or proceeding in which it is alleged and proved that participation in the making of a report under this section was not in good faith or participation in a judicial proceeding resulting from a report made under this section was not in good faith, the court shall award the prevailing party reasonable attorney's fees and costs and, if a civil action or proceeding is voluntarily dismissed, may award reasonable attorney's fees and costs to the party against whom the civil action or proceeding is brought.

(H)(1) Except as provided in division DIVISIONS (H)(4), (M), AND (N) of this section, a report made under this section is confidential. The information provided in a report made pursuant to this section and the name of the person who made the report shall not be released for use, and shall not be used, as evidence in any civil action or proceeding brought against the person who made the report. In a criminal proceeding, the report is admissible in evidence in accordance with the Rules of Evidence and is subject to discovery in accordance with the Rules of Criminal Procedure.

(2) No person shall permit or encourage the unauthorized dissemination of the contents of any report made under this section.

(3) A person who knowingly makes or causes another person to make a false report under division (B) of this section that alleges that any person has committed an act or omission that resulted in a child being an abused child or a neglected child is guilty of a violation of section 2921.14 of the Revised Code.

(4) A public children services agency shall advise a person alleged to have inflicted abuse or neglect on a child who is the subject of a report made pursuant to this section of the disposition of the investigation. The agency shall not provide to the person a statement of the allegations ANY INFORMATION THAT IDENTIFIES THE PERSON WHO MADE THE REPORT, statements of witnesses, or police or other investigative reports.

(I) Any report that is required by this section shall result in protective services and emergency supportive services being made available by the county department of human services or PUBLIC children services board AGENCY on behalf of the children about whom the report is made, in an effort to prevent further neglect or abuse, to enhance their welfare, and, whenever possible, to preserve the family unit intact. THE AGENCY REQUIRED TO PROVIDE THE SERVICES SHALL BE THE AGENCY CONDUCTING THE INVESTIGATION OF THE REPORT PURSUANT TO SECTION 2151.422 OF THE REVISED CODE.

(J) There shall be placed on file with the juvenile court in each county and the department of human services an initial plan of cooperation jointly prepared and subscribed to by a committee consisting of the presiding judge of the court of common pleas of the county or a the presiding judge's representative; if (1) EACH PUBLIC CHILDREN SERVICES AGENCY SHALL PREPARE A MEMORANDUM OF UNDERSTANDING THAT IS SIGNED BY ALL OF THE FOLLOWING:

(a) IF there is only one juvenile judge in the county, the juvenile judge of the county or a the juvenile judge's representative; if

(b) IF there is more than one juvenile judge in the county, a juvenile judge or a the judge's JUVENILE JUDGES' representative selected by the juvenile judges or, if they are unable to do so for any reason, the juvenile judge who is senior in point of service or a the senior juvenile judge's representative; the

(c) THE county peace officer; all

(d) ALL chief municipal peace officers within the county; all chief township peace officers within

(e) OTHER LAW ENFORCEMENT OFFICERS HANDLING CHILD ABUSE AND NEGLECT CASES IN the county; the

(f) THE prosecuting attorney of the county; the director of law of each city within the county; the village solicitor of each village within the county; and the children services board or

(g) IF THE PUBLIC CHILDREN SERVICES AGENCY IS NOT THE county department of human services exercising the children services function as convened by, the county director DEPARTMENT of human services. The plan

(2) A MEMORANDUM OF UNDERSTANDING shall set forth the normal operating procedure to be employed by all concerned officials in the execution of their respective responsibilities under this section and division (C) of section 2919.21, division (B)(1) of section 2919.22, division (B) of section 2919.23, and section 2919.24 of the Revised Code and shall have as two of its primary goals the elimination of all unnecessary interviews of children who are the subject of reports made pursuant to division (A) or (B) of this section and, when feasible, providing for only one interview of a child who is the subject of any report made pursuant to division (A) or (B) of this section. A failure to follow the procedure set forth in the plan in the execution of those responsibilities MEMORANDUM by the concerned officials is not grounds for, and shall not result in, the dismissal of any charges or complaint arising from any reported case of abuse or neglect or the suppression of any evidence obtained as a result of any reported child abuse or child neglect and does not give, and shall not be construed as giving, any rights or any grounds for appeal or post-conviction relief to any person. The plan

(3) A MEMORANDUM OF UNDERSTANDING shall include all of the following:

(1) A system for cross-referral of reported (a) THE ROLES AND RESPONSIBILITIES FOR HANDLING EMERGENCY AND NON-EMERGENCY cases of abuse and neglect as necessary;

(2)(b) Standards and procedures to be used in handling and coordinating investigations of reported cases of child abuse and reported cases of child neglect, methods to be used in interviewing the child who is the subject of the report and who allegedly was abused or neglected, AND standards and procedures addressing the categories of persons who may interview the child who is the subject of the report and who allegedly was abused or neglected, standards and procedures governing the making of a videotape of any interview if an interview is videotaped, a system for sharing the information obtained as a result of any interview and any videotape made of it, and a system for reducing the number of times that the child who is the subject of the report and who allegedly was abused or neglected is interviewed;

(3) Any other standards, procedures, or systems that the committee believes may minimize damage and trauma to the child who is the subject of a reported case of child abuse or child neglect;

(4) The name and title of the official directly responsible for making reports to the central registry.

(K)(1) the person of receiving EXCEPT AS PROVIDED IN DIVISION (K)(4) OF THIS SECTION A person who is required to make a report pursuant to division (A) of this section the person making the report the person's the person of making the person's the person making the report may make a reasonable number of requests of the county department of human services or PUBLIC children services board AGENCY that receives or is referred the report to the person making the report be provided with the following information:

(a) Whether the department or board AGENCY has initiated an investigation of the report;

(b) Whether the department or board AGENCY is continuing to investigate the report;

(c) Whether the department or board AGENCY is otherwise involved with the child who is the subject of the report;

(d) The general status of the health and safety of the child who is the subject of the report;

(e) Whether the report has resulted in the filing of a complaint in juvenile court or of criminal charges in another court.

(2) A person may request the information specified in division (K)(1) of this section only if, at the time the report is made, the person's name, address, and telephone number are provided to the person who receives the report.

When a municipal or county peace officer or employee of a county department of human services or PUBLIC children services board AGENCY receives a report pursuant to division (A) or (B) of this section the recipient of the report shall inform the person of the right to request the information described in division (K)(1) of this section. The recipient of the report shall include in the initial child abuse or child neglect report that the person making the report was so informed and, if provided at the time of the making of the report, shall include the person's name, address, and telephone number in the report.

the person's the person of making the person

Each request is subject to verification of the identity the that person's the person of making of the person making the report. If that person's identity is verified, the department or board AGENCY shall provide the person with the information described in division (K)(1) of this section a reasonable number of times, except that the department or board AGENCY shall not disclose any confidential information regarding the child who is the subject of the report other than the information described in those divisions.

(3) A request made pursuant to division (K)(1) of this section is not a substitute for any report required to be made pursuant to division (A) of this section.

(4) IF AN AGENCY OTHER THAN THE AGENCY THAT RECEIVED OR WAS REFERRED THE REPORT IS CONDUCTING THE INVESTIGATION OF THE REPORT PURSUANT TO SECTION 2151.422 OF THE REVISED CODE, THE AGENCY CONDUCTING THE INVESTIGATION SHALL COMPLY WITH THE REQUIREMENTS OF DIVISION (K).

(L) The department of human services shall exercise rule-making authority under ADOPT RULES IN ACCORDANCE WITH Chapter 119. of the Revised Code to aid in the implementation of IMPLEMENT this section. The department may enter into a plan of cooperation with any other governmental entity to aid in ensuring that children are protected from abuse and neglect. The department shall make recommendations to the attorney general that the department determines are necessary to protect children from child abuse and child neglect.

(M) No later than the end of the day following the day on which a PUBLIC children services board or county department of human services exercising the children services function AGENCY receives a report of alleged child abuse or child neglect, or a report of an alleged threat of child abuse or child neglect, that allegedly occurred in or involved an out-of-home care entity, the board or department AGENCY shall provide written notice of the allegations contained in and the person named as the alleged perpetrator in the report to the administrator, director, or other chief administrative officer of the out-of-home care entity that is the subject of the report unless the administrator, director, or other chief administrative officer is named as an alleged perpetrator in the report. If the administrator, director, or other chief administrative officer of an out-of-home care entity is named as an alleged perpetrator in a report of alleged child abuse or child neglect, or a report of an alleged threat of child abuse or child neglect, that allegedly occurred in or involved the out-of-home care entity, the board or department AGENCY shall provide the written notice to the owner or governing board of the out-of-home care entity that is the subject of the report. The board or department AGENCY shall not provide witness statements or police or other investigative reports.

(N) No later than three days after the day on which a PUBLIC children services board or county department of human services exercising the children services function AGENCY THAT CONDUCTED THE INVESTIGATION AS DETERMINED PURSUANT TO SECTION 2151.422 of the Revised Code makes a disposition of an investigation involving a report of alleged child abuse or child neglect, or a report of an alleged threat of child abuse or child neglect, that allegedly occurred in or involved an out-of-home care entity, the board or department AGENCY shall provide SEND written notice of the disposition of the investigation to the administrator, director, or other chief administrative officer and the owner or governing board of the out-of-home care entity. The board or department AGENCY shall not provide witness statements or police or other investigative reports.

Sec. 2151.422. (A) AS USED IN THIS SECTION, "HOMELESS SHELTER" MEANS A FACILITY THAT PROVIDES ACCOMMODATIONS TO HOMELESS INDIVIDUALS.

(B) ON RECEIPT OF A NOTICE PURSUANT TO DIVISION (A), (B), OR (D) OF SECTION 2151.421 OF THE REVISED CODE, THE PUBLIC CHILDREN SERVICES AGENCY SHALL DETERMINE WHETHER THE CHILD SUBJECT TO THE REPORT IS LIVING IN A SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE OR A HOMELESS SHELTER AND WHETHER THE CHILD WAS BROUGHT TO THAT SHELTER PURSUANT TO AN AGREEMENT WITH A SHELTER IN ANOTHER COUNTY. IF THE CHILD IS LIVING IN A SHELTER AND WAS BROUGHT THERE FROM ANOTHER COUNTY, THE AGENCY SHALL IMMEDIATELY NOTIFY THE PUBLIC CHILDREN SERVICES AGENCY OF THE COUNTY FROM WHICH THE CHILD WAS BROUGHT OF THE REPORT AND ALL THE INFORMATION CONTAINED IN THE REPORT. ON RECEIPT OF THE NOTICE PURSUANT TO THIS DIVISION, THE AGENCY OF THE COUNTY FROM WHICH THE CHILD WAS BROUGHT SHALL CONDUCT THE INVESTIGATION OF THE REPORT REQUIRED PURSUANT TO SECTION 2151.421 OF THE REVISED CODE AND SHALL PERFORM ALL DUTIES REQUIRED OF THE AGENCY UNDER THIS CHAPTER WITH RESPECT TO THE CHILD WHO IS THE SUBJECT OF THE REPORT. IF THE CHILD IS NOT LIVING IN A SHELTER OR THE CHILD WAS NOT BROUGHT TO THE SHELTER FROM ANOTHER COUNTY, THE AGENCY THAT RECEIVED THE REPORT PURSUANT TO DIVISION (A), (B), OR (D) OF SECTION 2151.421 OF THE REVISED CODE SHALL CONDUCT THE INVESTIGATION REQUIRED PURSUANT TO SECTION 2151.421 OF THE REVISED CODE AND SHALL PERFORM ALL DUTIES REQUIRED OF THE AGENCY UNDER THIS CHAPTER WITH RESPECT TO THE CHILD WHO IS THE SUBJECT OF THE REPORT. THE AGENCY OF THE COUNTY IN WHICH THE SHELTER IS LOCATED IN WHICH THE CHILD IS LIVING AND THE AGENCY OF THE COUNTY FROM WHICH THE CHILD WAS BROUGHT MAY ASK THE SHELTER TO PROVIDE INFORMATION CONCERNING THE CHILD'S RESIDENCE ADDRESS AND COUNTY OF RESIDENCE TO THE AGENCY.

(C) IF A CHILD IS LIVING IN A SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE OR A HOMELESS SHELTER AND THE CHILD WAS BROUGHT TO THAT SHELTER PURSUANT TO AN AGREEMENT WITH A SHELTER IN ANOTHER COUNTY, THE PUBLIC CHILDREN SERVICES AGENCY OF THE COUNTY FROM WHICH THE CHILD WAS BROUGHT SHALL PROVIDE SERVICES TO OR TAKE CUSTODY OF THE CHILD IF SERVICES OR CUSTODY ARE NEEDED OR REQUIRED UNDER THIS CHAPTER OR SECTION 5153.16 OF THE REVISED CODE.

(D) WHEN A HOMELESS SHELTER PROVIDES ACCOMMODATIONS TO A PERSON, THE SHELTER, ON ADMITTING THE PERSON TO THE SHELTER, SHALL DETERMINE, IF POSSIBLE, THE PERSON'S LAST KNOWN RESIDENTIAL ADDRESS AND COUNTY OF RESIDENCE. THE INFORMATION CONCERNING THE ADDRESS AND COUNTY OF RESIDENCE IS CONFIDENTIAL AND MAY ONLY BE RELEASED TO A PUBLIC CHILDREN SERVICES AGENCY PURSUANT TO THIS SECTION.

Sec. 2151.55. (A)IF A CHILD IS PLACED FOR FOSTER CARE IN A COUNTY OTHER THAN THE COUNTY IN WHICH THE CHILD RESIDED AT THE TIME THE CHILD WAS REMOVED FROM HOME, THE SUPERINTENDENT OF THE SCHOOL DISTRICT IN WHICH THE CHILD RESIDES IN FOSTER CARE MAY FILE, IN THE JUVENILE COURT OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED, A COMPLAINT REQUESTING THAT THE CHILD BE REMOVED FROM THE COUNTY BECAUSE THE CHILD IS CAUSING A SIGNIFICANT AND UNREASONABLE DISRUPTION TO THE EDUCATIONAL PROCESS IN THE SCHOOL THE CHILD IS ATTENDING.

(B) THE COURT SHALL HOLD A HEARING AS SOON AS POSSIBLE, BUT NO LATER THAN THIRTY DAYS AFTER THE COMPLAINT IS FILED. NO LATER THAN FIVE DAYS BEFORE THE DATE ON WHICH THE COURT HEARING IS TO BE HELD, THE COURT SHALL SEND TO THE ENTITY THAT PLACED THE CHILD FOR FOSTER CARE IN THE COUNTY AND TO THE SUPERINTENDENT WRITTEN NOTICE BY FIRST CLASS MAIL OF THE DATE, TIME, PLACE, AND PURPOSE OF THE COURT HEARING. THE HEARING SHALL BE LIMITED TO DETERMINING WHETHER THE CHILD IS CAUSING A SIGNIFICANT AND UNREASONABLE DISRUPTION TO THE EDUCATIONAL PROCESS. AT THE CONCLUSION OF THE HEARING, THE COURT SHALL DETERMINE WHETHER THE CHILD IS CAUSING SUCH A DISRUPTION. IF THE COURT DETERMINES THE CHILD IS CAUSING SUCH A DISRUPTION, THE COURT SHALL ORDER THE ENTITY THAT PLACED THE CHILD FOR FOSTER CARE IN THE COUNTY TO REMOVE THE CHILD FROM THE COUNTY. IF THE COURT DETERMINES THE CHILD IS NOT CAUSING SUCH A DISRUPTION, THE COURT SHALL DISMISS THE COMPLAINT.

(C) IF THE COURT ORDERS THE REMOVAL OF A CHILD, THE COURT SHALL SEND WRITTEN NOTICE OF THE REMOVAL ORDER TO THE JUVENILE COURT THAT JOURNALIZED A CASE PLAN AS PART OF ITS DISPOSITIONAL ORDER PURSUANT TO SECTION 2151.35 OF THE REVISED CODE OR ISSUED ANY ORDER PURSUANT TO CHAPTER 2151. OF THE REVISED CODE REQUIRING PLACEMENT OF THE CHILD FOR FOSTER CARE IN THE COUNTY FROM WHICH THE CHILD IS ORDERED REMOVED. ON RECEIPT OF THE REMOVAL NOTICE, THE JUVENILE COURT RECEIVING THE REMOVAL NOTICE SHALL ENTER THE NOTICE ON ITS JOURNAL AND SHALL DO ONE OF THE FOLLOWING:

(1) IF A CASE PLAN WAS JOURNALIZED AS PART OF THE DISPOSITIONAL ORDER, THE COURT SHALL SCHEDULE A HEARING UNDER SECTION 2151.417 OF THE REVISED CODE TO BE HELD NO LATER THAN TEN DAYS AFTER THE REMOVAL NOTICE WAS RECEIVED. THE COURT SHALL GIVE NOTICE OF THE DATE, TIME, AND LOCATION OF THE HEARING TO ALL PARTIES AND THE GUARDIAN AD LITEM. AT THE HEARING, THE COURT SHALL MAKE APPROPRIATE CHANGES TO THE CASE PLAN CONSISTENT WITH THE REMOVAL ORDER AND JOURNALIZE THE CASE PLAN.

(2) IF NO CASE PLAN WAS JOURNALIZED AS PART OF THE DISPOSITIONAL ORDER, THE COURT SHALL IMMEDIATELY ISSUE A NEW ORDER CONCERNING THE CHILD'S PLACEMENT PURSUANT TO CHAPTER 2151. OF THE REVISED CODE THAT IS CONSISTENT WITH THE REMOVAL ORDER.

(D) THIS SECTION DOES NOT AFFECT THE JURISDICTION OF A COURT WITH RESPECT TO A CHILD FOR WHICH THE COURT ISSUED A DISPOSITIONAL ORDER PURSUANT TO CHAPTER 2151. of the Revised Code.

Sec. 2744.01. As used in this chapter:

(A) "Emergency call" means a call to duty, including, but not limited to, communications from citizens, police dispatches, and personal observations by peace officers of inherently dangerous situations that demand an immediate response on the part of a peace officer.

(B) "Employee" means an officer, agent, employee, or servant, whether or not compensated or full-time or part-time, who is authorized to act and is acting within the scope of the officer's, agent's, employee's, or servant's employment for a political subdivision. "Employee" does not include an independent contractor and does not include any individual engaged by a school district pursuant to section 3319.301 of the Revised Code. "Employee" includes any elected or appointed official of a political subdivision. "Employee" also includes a person who has been convicted of or pleaded guilty to a criminal offense and who has been sentenced to perform community service work in a political subdivision whether pursuant to section 2951.02 of the Revised Code or otherwise, and a child who is found to be a delinquent child and who is ordered by a juvenile court pursuant to section 2151.355 of the Revised Code to perform community service or community work in a political subdivision.

(C)(1) "Governmental function" means a function of a political subdivision that is specified in division (C)(2) of this section or that satisfies any of the following:

(a) A function that is imposed upon the state as an obligation of sovereignty and that is performed by a political subdivision voluntarily or pursuant to legislative requirement;

(b) A function that is for the common good of all citizens of the state;

(c) A function that promotes or preserves the public peace, health, safety, or welfare; that involves activities that are not engaged in or not customarily engaged in by nongovernmental persons; and that is not specified in division (G)(2) of this section as a proprietary function.

(2) A "governmental function" includes, but is not limited to, the following:

(a) The provision or nonprovision of police, fire, emergency medical, ambulance, and rescue services or protection;

(b) The power to preserve the peace; to prevent and suppress riots, disturbances, and disorderly assemblages; to prevent, mitigate, and clean up releases of oil and hazardous and extremely hazardous substances as defined in section 3750.01 of the Revised Code; and to protect persons and property;

(c) The provision of a system of public education;

(d) The provision of a free public library system;

(e) The regulation of the use of, and the maintenance and repair of, roads, highways, streets, avenues, alleys, sidewalks, bridges, aqueducts, viaducts, and public grounds;

(f) Judicial, quasi-judicial, prosecutorial, legislative, and quasi-legislative functions;

(g) The construction, reconstruction, repair, renovation, maintenance, and operation of buildings that are used in connection with the performance of a governmental function, including, but not limited to, office buildings and courthouses;

(h) The design, construction, reconstruction, renovation, repair, maintenance, and operation of jails, places of juvenile detention, workhouses, or any other detention facility, as defined in section 2921.01 of the Revised Code;

(i) The enforcement or nonperformance of any law;

(j) The regulation of traffic, and the erection or nonerection of traffic signs, signals, or control devices;

(k) The collection and disposal of solid wastes, as defined in section 3734.01 of the Revised Code, including, but not limited to, the operation of solid waste disposal facilities, as "facilities" is defined in that section, and the collection and management of hazardous waste generated by households. As used in division (C)(2)(k) of this section, "hazardous waste generated by households" means solid waste originally generated by individual households that is listed specifically as hazardous waste in or exhibits one or more characteristics of hazardous waste as defined by rules adopted under section 3734.12 of the Revised Code, but that is excluded from regulation as a hazardous waste by those rules.

(l) The provision or nonprovision, planning or design, construction, or reconstruction of a public improvement, including, but not limited to, a sewer system;

(m) The operation of a human services department or agency, including, but not limited to, the provision of assistance to aged and infirm persons and to persons who are indigent;

(n) The operation of a health board, department, or agency, including, but not limited to, any statutorily required or permissive program for the provision of immunizations or other inoculations to all or some members of the public, provided that a "governmental function" does not include the supply, manufacture, distribution, or development of any drug or vaccine employed in any such immunization or inoculation program by any supplier, manufacturer, distributor, or developer of the drug or vaccine;

(o) The operation of mental health facilities, mental retardation or developmental disabilities facilities, alcohol treatment and control centers, and children's homes or agencies;

(p) The provision or nonprovision of inspection services of all types, including, but not limited to, inspections in connection with building, zoning, sanitation, fire, plumbing, and electrical codes, and the taking of actions in connection with those types of codes, including, but not limited to, the approval of plans for the construction of buildings or structures and the issuance or revocation of building permits or stop work orders in connection with buildings or structures;

(q) Urban renewal projects and the elimination of slum conditions;

(r) Flood control measures;

(s) The design, construction, reconstruction, renovation, operation, care, repair, and maintenance of a township cemetery;

(t) The issuance of revenue obligations under section 140.06 of the Revised Code;

(u) The design, construction, reconstruction, renovation, repair, maintenance, and operation of any park, playground, playfield, indoor recreational facility, zoo, zoological park, bath, or swimming pool or pond, and the operation and control of any golf course;

(v) The provision of public defender services by a county or joint county public defender's office pursuant to Chapter 120. of the Revised Code;

(w) A function that the general assembly mandates a political subdivision to perform.

(D) "Law" means any provision of the constitution, statutes, or rules of the United States or of this state; provisions of charters, ordinances, resolutions, and rules of political subdivisions; and written policies adopted by boards of education. When used in connection with the "common law," this definition does not apply.

(E) "Motor vehicle" has the same meaning as in section 4511.01 of the Revised Code.

(F) "Political subdivision" or "subdivision" means a municipal corporation, township, county, school district, or other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state. "Political subdivision" includes, but is not limited to, a county hospital commission appointed under section 339.14 of the Revised Code, regional planning commission created pursuant to section 713.21 of the Revised Code, county planning commission created pursuant to section 713.22 of the Revised Code, joint planning council created pursuant to section 713.231 of the Revised Code, interstate regional planning commission created pursuant to section 713.30 of the Revised Code, port authority created pursuant to section 4582.02 or 4582.26 of the Revised Code or in existence on December 16, 1964, regional council established by political subdivisions pursuant to Chapter 167. of the Revised Code, emergency planning district and joint emergency planning district designated under section 3750.03 of the Revised Code, joint emergency medical services district created pursuant to section 307.052 of the Revised Code, a fire and ambulance district created pursuant to section 505.375 of the Revised Code, joint interstate emergency planning district established by an agreement entered into under that section, and county solid waste management district and joint solid waste management district established under section 343.01 or 343.012 of the Revised Code, AND A COMMUNITY SCHOOL ESTABLISHED UNDER CHAPTER 3314. of the Revised Code.

(G)(1) "Proprietary function" means a function of a political subdivision that is specified in division (G)(2) of this section or that satisfies both of the following:

(a) The function is not one described in division (C)(1)(a) or (b) of this section and is not one specified in division (C)(2) of this section;

(b) The function is one that promotes or preserves the public peace, health, safety, or welfare and that involves activities that are customarily engaged in by nongovernmental persons.

(2) A "proprietary function" includes, but is not limited to, the following:

(a) The operation of a hospital by one or more political subdivisions;

(b) The design, construction, reconstruction, renovation, repair, maintenance, and operation of a public cemetery other than a township cemetery;

(c) The establishment, maintenance, and operation of a utility, including, but not limited to, a light, gas, power, or heat plant, a railroad, a busline or other transit company, an airport, and a municipal corporation water supply system;

(d) The maintenance, destruction, operation, and upkeep of a sewer system;

(e) The operation and control of a public stadium, auditorium, civic or social center, exhibition hall, arts and crafts center, band or orchestra, or off-street parking facility.

(H) "Public roads" means public roads, highways, streets, avenues, alleys, and bridges within a political subdivision. "Public roads" does not include berms, shoulders, rights-of-way, or traffic control devices, unless the traffic control devices are mandated by the Ohio manual of uniform traffic control devices.

(I) "State" means the state of Ohio, including, but not limited to, the general assembly, the supreme court, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, colleges and universities, institutions, and other instrumentalities of the state of Ohio. "State" does not include political subdivisions.

Sec. 2744.02. (A)(1) For the purposes of this chapter, the functions of political subdivisions are hereby classified as governmental functions and proprietary functions. Except as provided in division (B) of this section, a political subdivision is not liable in damages in a civil action for injury, death, or loss to person or property allegedly caused by any act or omission of the political subdivision or an employee of the political subdivision in connection with a governmental or proprietary function.

(2) Subject to statutory limitations upon their monetary jurisdiction, the courts of common pleas, the municipal courts, and the county courts have jurisdiction to hear and determine civil actions governed by or brought pursuant to this chapter.

(B) Subject to sections 2744.03 and 2744.05 of the Revised Code, a political subdivision is liable in damages in a civil action for injury, death, or loss to person or property allegedly caused by an act or omission of the political subdivision or of any of its employees in connection with a governmental or proprietary function, as follows:

(1) Except as otherwise provided in this division, political subdivisions are liable for injury, death, or loss to person or property caused by the negligent operation of any motor vehicle by their employees upon the public roads when the employees are engaged within the scope of their employment and authority. The following are full defenses to that liability:

(a) A member of a municipal corporation police department or any other police agency was operating a motor vehicle while responding to an emergency call and the operation of the vehicle did not constitute willful or wanton misconduct;

(b) A member of a municipal corporation fire department or any other firefighting agency was operating a motor vehicle while engaged in duty at a fire, proceeding toward a place where a fire is in progress or is believed to be in progress, or answering any other emergency alarm and the operation of the vehicle did not constitute willful or wanton misconduct;

(c) A member of an emergency medical service owned or operated by a political subdivision was operating a motor vehicle while responding to or completing a call for emergency medical care or treatment, the member was holding a valid commercial driver's license issued pursuant to Chapter 4506. or a driver's license issued pursuant to Chapter 4507. of the Revised Code, the operation of the vehicle did not constitute willful or wanton misconduct, and the operation complies with the precautions of section 4511.03 of the Revised Code.

(2) Except as otherwise provided in section SECTIONS 3314.07 AND 3746.24 of the Revised Code, political subdivisions are liable for injury, death, or loss to person or property caused by the negligent performance of acts by their employees with respect to proprietary functions of the political subdivisions.

(3) Except as otherwise provided in section 3746.24 of the Revised Code, political subdivisions are liable for injury, death, or loss to person or property caused by their negligent failure to keep public roads in repair and other negligent failure to remove obstructions from public roads, except that it is a full defense to that liability, when a bridge within a municipal corporation is involved, that the municipal corporation does not have the responsibility for maintaining or inspecting the bridge.

(4) Except as otherwise provided in section 3746.24 of the Revised Code, political subdivisions are liable for injury, death, or loss to person or property that is caused by the negligence of their employees and that occurs within or on the grounds of, and is due to physical defects within or on the grounds of, buildings that are used in connection with the performance of a governmental function, including, but not limited to, office buildings and courthouses, but not including jails, places of juvenile detention, workhouses, or any other detention facility, as defined in section 2921.01 of the Revised Code.

(5) In addition to the circumstances described in divisions (B)(1) to (4) of this section, a political subdivision is liable for injury, death, or loss to person or property when liability is expressly imposed upon the political subdivision by a section of the Revised Code, including, but not limited to, sections 2743.02 and 5591.37 of the Revised Code. Liability shall not be construed to exist under another section of the Revised Code merely because that section imposes a responsibility or mandatory duty upon a political subdivision, because of a general authorization in that section that a political subdivision may sue and be sued, or because that section uses the term "shall" in a provision pertaining to a political subdivision.

(C) An order that denies a political subdivision or an employee of a political subdivision the benefit of an alleged immunity from liability as provided in Chapter 2744. or any other provision of the law is a final order.

Sec. 2744.03. (A) In a civil action brought against a political subdivision or an employee of a political subdivision to recover damages for injury, death, or loss to persons or property allegedly caused by any act or omission in connection with a governmental or proprietary function, the following defenses or immunities may be asserted to establish nonliability:

(1) The political subdivision is immune from liability if the employee involved was engaged in the performance of a judicial, quasi-judicial, prosecutorial, legislative, or quasi-legislative function.

(2) The political subdivision is immune from liability if the conduct of the employee involved, other than negligent conduct, that gave rise to the claim of liability was required by law or authorized by law, or if the conduct of the employee involved that gave rise to the claim of liability was necessary or essential to the exercise of powers of the political subdivision or employee.

(3) The political subdivision is immune from liability if the action or failure to act by the employee involved that gave rise to the claim of liability was within the discretion of the employee with respect to policy-making, planning, or enforcement powers by virtue of the duties and responsibilities of the office or position of the employee.

(4) The political subdivision is immune from liability if the action or failure to act by the political subdivision or employee involved that gave rise to the claim of liability resulted in injury or death to a person who had been convicted of or pleaded guilty to a criminal offense and who, at the time of the injury or death, was serving any portion of the person's sentence by performing community service work for or in the political subdivision whether pursuant to section 2951.02 of the Revised Code or otherwise, or resulted in injury or death to a child who was found to be a delinquent child and who, at the time of the injury or death, was performing community service or community work for or in a political subdivision in accordance with the order of a juvenile court entered pursuant to section 2151.355 of the Revised Code, and if, at the time of the person's or child's injury or death, the person or child was covered for purposes of Chapter 4123. of the Revised Code in connection with the community service or community work for or in the political subdivision.

(5) The political subdivision is immune from liability if the injury, death, or loss to persons or property resulted from the exercise of judgment or discretion in determining whether to acquire, or how to use, equipment, supplies, materials, personnel, facilities, and other resources unless the judgment or discretion was exercised with malicious purpose, in bad faith, or in a wanton or reckless manner.

(6) In addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances not covered by that division or section SECTIONS 3314.07 AND 3746.24 of the Revised Code, the employee is immune from liability unless one of the following applies:

(a) The employee's acts or omissions were manifestly outside the scope of the employee's employment or official responsibilities;

(b) The employee's acts or omissions were with malicious purpose, in bad faith, or in a wanton or reckless manner;

(c) Liability is expressly imposed upon the employee by a section of the Revised Code. Liability shall not be construed to exist under another section of the Revised Code merely because that section imposes a responsibility or mandatory duty upon an employee, because of a general authorization in that section that an employee may sue and be sued, or because the section uses the term "shall" in a provision pertaining to an employee.

(7) The political subdivision, and an employee who is a county prosecuting attorney, city director of law, village solicitor, or similar chief legal officer of a political subdivision, an assistant of any such person, or a judge of a court of this state is entitled to any defense or immunity available at common law or established by the Revised Code.

(B) Any immunity or defense conferred upon, or referred to in connection with, an employee by division (A)(6) or (7) of this section does not affect or limit any liability of a political subdivision for an act or omission of the employee as provided in section 2744.02 of the Revised Code.

Sec. 2744.05. Notwithstanding any other provisions of the Revised Code or rules of a court to the contrary, in an action against a political subdivision to recover damages for injury, death, or loss to person or property caused by an act or omission in connection with a governmental or proprietary function:

(A) Punitive or exemplary damages shall not be awarded.

(B)(1) If a claimant receives or is entitled to receive benefits for injuries or loss allegedly incurred from a policy or policies of insurance or any other source, the benefits shall be disclosed to the court, and the amount of the benefits shall be deducted from any award against a political subdivision recovered by that claimant. No insurer or other person is entitled to bring an action under a subrogation provision in an insurance or other contract against a political subdivision with respect to those benefits. The amount of the benefits shall be deducted from an award against a political subdivision under division (B)(1) of this section regardless of whether the claimant may be under an obligation to pay back the benefits upon recovery, in whole or in part, for the claim. A claimant whose benefits have been deducted from an award under division (B)(1) of this section is not considered fully compensated and shall not be required to reimburse a subrogated claim for benefits deducted from an award pursuant to division (B)(1) of this section.

(2) Nothing in division (B)(1) of this section shall be construed to limit DO EITHER OF THE FOLLOWING:

(a) LIMIT the rights of a beneficiary under a life insurance policy or the rights of sureties under fidelity or surety bonds;

(b) PROHIBIT THE DEPARTMENT OF HUMAN SERVICES FROM RECOVERING FROM THE POLITICAL SUBDIVISION, PURSUANT TO SECTION 5101.58 of the Revised Code, THE COST OF MEDICAL ASSISTANCE BENEFITS PROVIDED UNDER CHAPTER 5107., 5111., OR 5115. of the Revised Code.

(C)(1) There shall not be any limitation on compensatory damages that represent the actual loss of the person who is awarded the damages. However, except in wrongful death actions brought pursuant to Chapter 2125. of the Revised Code, damages that arise from the same cause of action, transaction or occurrence, or series of transactions or occurrences and that do not represent the actual loss of the person who is awarded the damages shall not exceed two hundred fifty thousand dollars in favor of any one person. The limitation on damages that do not represent the actual loss of the person who is awarded the damages provided in this division does not apply to court costs that are awarded to a plaintiff, or to interest on a judgment rendered in favor of a plaintiff, in an action against a political subdivision.

(2) As used in this division, "the actual loss of the person who is awarded the damages" includes all of the following:

(a) All wages, salaries, or other compensation lost by the person injured as a result of the injury, including wages, salaries, or other compensation lost as of the date of a judgment and future expected lost earnings of the person injured;

(b) All expenditures of the person injured or another person on behalf of the person injured for medical care or treatment, for rehabilitation services, or for other care, treatment, services, products, or accommodations that were necessary because of the injury;

(c) All expenditures to be incurred in the future, as determined by the court, by the person injured or another person on behalf of the person injured for medical care or treatment, for rehabilitation services, or for other care, treatment, services, products, or accommodations that will be necessary because of the injury;

(d) All expenditures of a person whose property was injured or destroyed or of another person on behalf of the person whose property was injured or destroyed in order to repair or replace the property that was injured or destroyed;

(e) All expenditures of the person injured or of the person whose property was injured or destroyed or of another person on behalf of the person injured or of the person whose property was injured or destroyed in relation to the actual preparation or presentation of the claim involved;

(f) Any other expenditures of the person injured or of the person whose property was injured or destroyed or of another person on behalf of the person injured or of the person whose property was injured or destroyed that the court determines represent an actual loss experienced because of the personal or property injury or property loss.

"The actual loss of the person who is awarded the damages" does not include any fees paid or owed to an attorney for any services rendered in relation to a personal or property injury or property loss, and does not include any damages awarded for pain and suffering, for the loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education of the person injured, for mental anguish, or for any other intangible loss.

Sec. 2921.431. (A)(1) EXCEPT AS PROVIDED IN DIVISION (A)(2) OF THIS SECTION, NO PUBLIC SERVANT SHALL CHARGE ANY FEE OR TAX IN CONNECTION WITH ANY ACTION TAKEN TO IMPLEMENT PUBLIC LAW NO. 103-159, THE "BRADY HANDGUN VIOLENCE PROTECTION ACT," 18 U.S.C. 922 AND OTHER SECTIONS.

(2) IF THE OFFICE OF THE ATTORNEY GENERAL PERFORMS ANY FUNCTIONS OR DUTIES IN THE IMPLEMENTATION OF PUBLIC LAW NO. 103-159, THE "BRADY HANDGUN VIOLENCE PROTECTION ACT," 18 U.S.C. 922 AND OTHER SECTIONS, THE ATTORNEY GENERAL MAY CHARGE A FEE FOR THE PERFORMANCE OF THOSE FUNCTIONS AND DUTIES THAT DOES NOT EXCEED THE ACTUAL COST OF PERFORMING THOSE FUNCTIONS AND DUTIES ROUNDED OFF TO THE NEAREST QUARTER DOLLAR OR THIRTEEN DOLLARS, WHICHEVER IS LESS.

(B) NO PUBLIC SERVANT SHALL EXPEND ANY OF THE FOLLOWING MONEYS FOR THE PURPOSE OF CREATING, MAINTAINING, OR EXPANDING ANY RECORD PERTAINING TO THE PURCHASER OR TRANSFEREE OF A FIREARM FROM INFORMATION THAT IS OBTAINED AS A RESULT OF ANY BACKGROUND CHECK PERFORMED PURSUANT TO PUBLIC LAW NO. 103-159, THE "BRADY HANDGUN VIOLENCE PROTECTION ACT," 18 U.S.C. 922 AND OTHER SECTIONS, UNLESS THE CREATION, MAINTENANCE, OR EXPANSION OF THE RECORD IS EXPLICITLY REQUIRED BY FEDERAL LAW:

(1) ANY MONEY APPROPRIATED TO OR ON BEHALF OF THE AGENCY, DEPARTMENT, BUREAU, BOARD, COMMISSION, OR OTHER ENTITY OF STATE OR LOCAL GOVERNMENT SERVED BY THE PUBLIC SERVANT;

(2) ANY MONEY APPROPRIATED TO ANY AGENCY, DEPARTMENT, BUREAU, BOARD, COMMISSION, OR OTHER ENTITY OF STATE OR LOCAL GOVERNMENT, OTHER THAN ONE DESCRIBED IN DIVISION (B)(1) OF THIS SECTION, THAT OTHERWISE IS UNDER THE CONTROL OF THE PUBLIC SERVANT;

(3) ANY MONEY FROM ANY PRIVATE SOURCE THAT IS UNDER THE CONTROL OF THE AGENCY, DEPARTMENT, BUREAU, BOARD, COMMISSION, OR OTHER ENTITY OF STATE OR LOCAL GOVERNMENT SERVED BY THE PUBLIC SERVANT OR THAT OTHERWISE IS UNDER CONTROL OF THE PUBLIC SERVANT.

Sec. 2941.51. (A) Counsel appointed to a case or selected by an indigent person under division (E) of section 120.16 or division (E) of section 120.26 of the Revised Code, or otherwise appointed by the court, except for counsel appointed by the court to provide legal representation for a person charged with a violation of an ordinance of a municipal corporation, shall be paid for their services by the county the compensation and expenses that the trial court approves. Each request for payment shall be accompanied by an affidavit of indigency completed by the indigent person on forms prescribed by the state public defender. Compensation and expenses shall not exceed the amounts fixed by the board of county commissioners pursuant to division (B) of this section.

(B) The board of county commissioners shall establish a schedule of fees by case or on an hourly basis to be paid by the county for legal services provided by appointed counsel. Prior to establishing such schedule, the board shall request the bar association or associations of the county to submit a proposed schedule. The schedule submitted shall be subject to the review, amendment, and approval of the board of county commissioners.

(C) In a case where counsel have been appointed to conduct an appeal under Chapter 120. of the Revised Code, such compensation shall be fixed by the court of appeals or the supreme court, as provided in divisions (A) and (B) of this section.

(D) The fees and expenses approved by the court under this section shall not be taxed as part of the costs and shall be paid by the county. However, if the person represented has, or reasonably may be expected to have, the means to meet some part of the cost of the services rendered to him THE PERSON, he THE PERSON shall reimburse PAY the county in an amount that he THE PERSON reasonably can be expected to pay. The PURSUANT TO SECTION 120.04 of the Revised Code, THE county shall pay to the state public defender a percentage of the reimbursement PAYMENT received from such THE person in an amount proportionate to the percentage of the costs of the person's case that were paid to the county by the state public defender pursuant to this section. The money paid to the state public defender shall be credited to the public defender reimbursement CLIENT PAYMENT fund created pursuant to division (B)(5) of section 120.04 of the Revised Code.

(E) The county auditor shall draw his A warrant on the county treasurer for the payment of such counsel in the amount fixed by the court, plus the expenses that the court fixes and certifies to the auditor. The county auditor shall report periodically, but not less than annually, to the board and to the Ohio public defender commission the amounts paid out pursuant to the approval of the court under this section, separately stating costs and expenses that are reimbursable under section 120.35 of the Revised Code. The board, after review and approval of the auditor's report, may then certify it to the state public defender for reimbursement. The state public defender shall review the report and, in accordance with the standards, guidelines, and maximums established pursuant to divisions (B)(7) and (8) of section 120.04 of the Revised Code, pay fifty per cent of the total cost, other than costs and expenses that are reimbursable under section 120.35 of the Revised Code, if any, of paying appointed counsel in each county and pay fifty per cent of costs and expenses that are reimbursable under section 120.35 of the Revised Code, if any, to the board.

(F) If any county system for paying appointed counsel fails to maintain the standards for the conduct of the system established by the rules of the Ohio public defender commission pursuant to divisions (B) and (C) of section 120.03 of the Revised Code or the standards established by the state public defender pursuant to division (B)(7) of section 102.04 of the Revised Code, the commission shall notify the board of county commissioners of the county that the county system for paying appointed counsel has failed to comply with its rules. Unless the board corrects the conduct of its appointed counsel system to comply with the rules within ninety days after the date of the notice, the state public defender may deny all or part of the county's reimbursement from the state provided for in this section.

Sec. 3113.40. WHEN A SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE PROVIDES ACCOMMODATIONS TO A PERSON, THE SHELTER, ON ADMITTING THE PERSON, SHALL DETERMINE, IF POSSIBLE, THE PERSON'S LAST KNOWN RESIDENTIAL ADDRESS AND COUNTY OF RESIDENCE. THE INFORMATION CONCERNING THE ADDRESS AND COUNTY OF RESIDENCE IS CONFIDENTIAL AND MAY BE RELEASED ONLY TO A PUBLIC CHILDREN SERVICES AGENCY PURSUANT TO SECTION 2151.422 OF THE REVISED CODE.

Sec. 3301.075. The state board of education shall adopt rules governing the purchasing and leasing of data processing services and equipment for all local, exempted village, city, and joint vocational school districts and all educational service centers. Such rules shall include provisions for the establishment of an Ohio education computer network under procedures, guidelines, and specifications of the department of education.

The department shall administer funds appropriated for the Ohio education computer network to ensure its efficient and economical operation and shall approve no more than twenty-seven data acquisition sites to operate concurrently. Such sites shall be approved for funding in accordance with rules of the state board adopted under this section that shall provide for the superintendent of public instruction to require the membership of each data acquisition site to be composed of combinations of school districts and educational service centers from contiguous counties having sufficient students to support an efficient, economical comprehensive program of computer services to member districts and educational service centers. Each data acquisition site, other than sites organized under Chapter 167. of the Revised Code prior to the effective date of this section, shall be organized in accordance with section 3313.92 of the Revised Code.

THE DEPARTMENT OF EDUCATION MAY CONTRACT WITH AN INDEPENDENT FOR PROFIT OR NONPROFIT ENTITY TO PROVIDE CURRENT AND HISTORICAL INFORMATION ON OHIO GOVERNMENT THROUGH THE OHIO EDUCATION COMPUTER NETWORK TO SCHOOL DISTRICT LIBRARIES OPERATING IN ACCORDANCE WITH SECTION 3375.14 of the Revised Code IN ORDER TO ASSIST SCHOOL TEACHERS IN SOCIAL STUDIES COURSE INSTRUCTION AND SUPPORT STUDENT RESEARCH PROJECTS. ANY SUCH CONTRACT SHALL BE AWARDED IN ACCORDANCE WITH CHAPTER 125. of the Revised Code.

Sec. 3301.0711. (A) The department of education shall:

(1) Annually furnish, grade, and score all tests required by section 3301.0710 of the Revised Code to city, local, and exempted village school districts;

(2) Adopt rules for the ethical use of tests and prescribing the manner in which the tests prescribed by section 3301.0710 of the Revised Code shall be administered to students.

(B) Except as provided in divisions (C) and (J)(2) of this section, the board of education of each city, local, and exempted village school district shall, in accordance with rules adopted under division (A) of this section:

(1) Administer the tests prescribed under division (A)(1) of section 3301.0710 of the Revised Code at least once annually to all students in the fourth grade.

(2) Administer any tests prescribed under division (A)(2) of section 3301.0710 of the Revised Code at least once annually to all students in the grade designated under that division.

(3) Administer any tests prescribed under division (A)(3) of section 3301.0710 of the Revised Code at least once annually to any student in the twelfth grade who, on all the tests prescribed under division (B) of that section, has attained the applicable scores designated under such division prior to the first day of January of that year.

(4) Administer any test prescribed under division (B) of section 3301.0710 of the Revised Code at least twice annually to:

(a) All students in ninth, tenth, eleventh, or twelfth grade who have not yet attained the score on that test designated under that division;

(b) Any person who has successfully completed the curriculum in any high school or the individualized education program developed for the person by any high school pursuant to section 3323.08 of the Revised Code but has not received a high school diploma and who requests to take such test, at any time such test is administered in the district.

(C)(1) Any student receiving special education under Chapter 3323. of the Revised Code shall be excused from taking any particular test required to be administered under this section if the individualized education program developed for the student pursuant to section 3323.08 of the Revised Code excuses the student from taking that test. In the case of any student so excused from taking a test, the school district board of education shall not prohibit him THE STUDENT from taking the test.

(2) A district board may, for medical reasons or other good cause, excuse a student from taking a test administered under this section on the date scheduled, but any such test shall be administered to such excused student not later than fifteen days following the scheduled date. The board shall annually report the number of students who have not taken one or more of the tests required by this section to the state board of education not later than the thirty-first THIRTIETH day of May JUNE.

(D) In the school year next succeeding the school year in which the tests prescribed by division (A)(1) of section 3301.0710 of the Revised Code are administered to any student, the board of education of any school district in which the student is enrolled in that year shall provide intervention services to the student in any skill in which the student failed on those tests to demonstrate at least fourth-grade levels of literacy and basic competency. This division does not apply to any student receiving services pursuant to an individualized education program developed for the student pursuant to section 3323.08 of the Revised Code.

(E) No EXCEPT AS PROVIDED IN DIVISION (N) OF THIS SECTION, NO school district board of education shall permit any student to be denied promotion to a higher grade level solely because of the student's failure to attain a specified score on any test administered under this section.

(F) No person shall be charged a fee for taking any test administered under this section.

(G) Not later than sixty days after any administration of any test prescribed by section 3301.0710 of the Revised Code, the department shall send to each school district board a list of the individual test scores of all persons taking the test.

(H) Individual test scores on any tests administered under this section shall be released by a district board only in accordance with section 3319.321 of the Revised Code and the rules adopted under division (A) of this section. No district board or its employees shall utilize individual or aggregate test results in any manner that conflicts with rules for the ethical use of tests adopted pursuant to division (A) of this section.

(I) Except as provided in division (G) of this section, the department shall not release any individual test scores on any test administered under this section and shall adopt rules to ensure the protection of student confidentiality at all times.

(J) Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, this section does not apply to the board of education of any joint vocational or cooperative education school district except as provided under rules adopted pursuant to this division.

(1) In accordance with rules that the state board of education shall adopt, the board of education of any city, exempted village, or local school district with territory in a joint vocational school district or a cooperative education school district established pursuant to divisions (A) to (C) of section 3311.52 of the Revised Code may enter into an agreement with the board of education of the joint vocational or cooperative education school district for administering any test prescribed under this section to students of the city, exempted village, or local school district who are attending school in the joint vocational or cooperative education school district.

(2) In accordance with rules that the state board of education shall adopt, the board of education of any city, exempted village, or local school district with territory in a cooperative education school district established pursuant to section 3311.521 of the Revised Code shall enter into an agreement with the cooperative district that provides for the administration of any test prescribed under this section to both of the following:

(a) Students who are attending school in the cooperative district and who, if the cooperative district were not established, would be entitled to attend school in the city, local, or exempted village school district pursuant to section 3313.64 or 3313.65 of the Revised Code;

(b) Persons described in division (B)(4)(b) of this section.

Any testing of students pursuant to such an agreement shall be in lieu of any testing of such students or persons pursuant to this section.

(K)(1) Any chartered nonpublic school may participate in the testing program by administering any of the tests prescribed by section 3301.0710 of the Revised Code if the chief administrator of the school specifies which tests the school wishes to administer. Such specification shall be made in writing to the superintendent of public instruction prior to the first day of August of any school year in which tests are administered and shall include a pledge that the nonpublic school will administer the specified tests in the same manner as public schools are required to do under this section and rules adopted by the department.

(2) The department of education shall furnish the tests prescribed by section 3301.0710 of the Revised Code to any chartered nonpublic school electing to participate under this division.

(L)(1) Except as provided in division (L)(3) of this section, the superintendent of the state school for the blind and the superintendent of the state school for the deaf shall administer the tests described by section 3301.0710 of the Revised Code. Each superintendent shall administer the tests in the same manner as district boards are required to do under this section and rules adopted by the department of education.

(2) The department of education shall furnish the tests described by section 3301.0710 of the Revised Code to each superintendent.

(3) Any student enrolled in the state school for the blind or the state school for the deaf shall be excused from taking any particular test required to be administered under division (L)(1) of this section if the individualized education program developed for the student pursuant to section 3323.08 of the Revised Code excuses the student from taking that test. In the case of any student so excused from taking a test, the superintendent of the school shall not prohibit the student from taking the test.

(M) Notwithstanding division (B)(4) of this section and division (C)(3) of section 3301.0710 of the Revised Code, upon request of a district board of education, the department of education shall provide for the district to administer the tests prescribed under division (B) of section 3301.0710 of the Revised Code to students in the eighth grade on a specified date during the month of March. In such a district, tests shall be administered either once or twice during the ninth grade year to students who did not attain the designated scores on such tests in the eighth grade. Such ninth grade test administration shall be prior to the thirty-first day of December or subsequent to that date but prior to the thirty-first day of March or during both such time periods. The district board of education shall determine whether to administer such tests once or twice during the ninth grade year and during which time period to administer the tests if they are only administered once during such year.

(N) IF A SCHOOL DISTRICT OFFERS SUMMER SCHOOL TO A STUDENT WHO HAS FAILED TO ATTAIN THE DESIGNATED SCORES ON THREE OR MORE OF THE FIVE TESTS DESCRIBED BY DIVISION (A)(1) OR (2) OF SECTION 3301.0710 of the Revised Code, OR BY DIVISION (B) OF THAT SECTION IN THE CASE OF STUDENTS TAKING THOSE TESTS IN THE EIGHTH GRADE PURSUANT TO DIVISION (M) OF THIS SECTION, AND THE STUDENT CHOOSES NOT TO ATTEND SUMMER SCHOOL OR DOES NOT MAINTAIN AN ACCEPTABLE LEVEL OF ATTENDANCE IN SUMMER SCHOOL, THE DISTRICT MAY USE THE FAILURE TO ATTAIN SUCH SCORES ON THOSE TESTS AS A REASON FOR RETAINING THE STUDENT FOR AN ADDITIONAL YEAR IN THE GRADE IN WHICH THE TESTS WERE ADMINISTERED.

AS USED IN THIS DIVISION, "SUMMER SCHOOL" MEANS A SIX-WEEK REMEDIAL COURSE IN THE AREAS COVERED BY THE PROFICIENCY TESTS ON WHICH THE STUDENT DID NOT ATTAIN THE SCORE DESIGNATED PURSUANT TO DIVISION (A)(1) OR (2) OR (B), AS APPLICABLE, OF SECTION 3301.0710 of the Revised Code.

Sec. 3301.0714. (A) The state board of education shall adopt rules for a statewide education management information system. The rules shall require the state board to establish guidelines for the establishment and maintenance of the system in accordance with this section and the rules adopted under this section. The guidelines shall include:

(1) Standards identifying and defining the types of data in the system in accordance with divisions (B) and (C) of this section;

(2) Procedures for annually collecting and reporting the data to the state board in accordance with division (D) of this section;

(3) Procedures for annually compiling the data in accordance with division (G) of this section;

(4) Procedures for annually reporting the data to the public in accordance with division (H) of this section.

(B) The guidelines adopted under this section shall require the data maintained in the education management information system to include at least the following:

(1) Student participation and performance data, for each grade in each school district as a whole and for each grade in each school building in each school district, that includes:

(a) The numbers of students receiving each category of instructional service offered by the school district, such as regular education instruction, vocational education instruction, specialized instruction programs or enrichment instruction that is part of the educational curriculum, instruction for gifted students, instruction for handicapped students, and remedial instruction. The guidelines shall require instructional services under this division to be divided into discrete categories if an instructional service is limited to a specific subject, a specific type of student, or both, such as regular instructional services in mathematics, remedial reading instructional services, instructional services specifically for students gifted in mathematics or some other subject area, or instructional services for students with a specific type of handicap. The categories of instructional services required by the guidelines under this division shall be the same as the categories of instructional services used in determining cost units pursuant to division (C)(3) of this section.

(b) The numbers of students receiving support or extracurricular services for each of the support services or extracurricular programs offered by the school district, such as counseling services, health services, and extracurricular sports and fine arts programs. The categories of services required by the guidelines under this division shall be the same as the categories of services used in determining cost units pursuant to division (C)(4)(a) of this section.

(c) Average student grades in each subject in grades nine through twelve;

(d) Academic achievement levels in grades one through eight as assessed by the locally developed competency programs required by division (D) of section 3301.07 of the Revised Code;

(e) Academic achievement levels as assessed by the testing of student proficiency under sections 3301.0710 and 3301.0711 of the Revised Code;

(f) The number of students designated as having a handicapping condition pursuant to division (C)(1) of section 3301.0711 of the Revised Code;

(g) The numbers of students reported to the state board pursuant to division (C)(2) of section 3301.0711 of the Revised Code;

(h) Attendance rates and the average daily attendance for the year;

(i) Expulsion rates;

(j) Suspension rates;

(k) The percentage of students receiving corporal punishment;

(l) Dropout rates;

(m) Rates of retention in grade;

(n) For pupils in grades nine through twelve, the average number of carnegie units, as calculated in accordance with state board OF EDUCATION rules;

(o) Graduation rates, to be calculated in a manner specified by the department of education that reflects the rate at which students who were in the ninth grade three years prior to the current year complete school and that is consistent with nationally accepted reporting requirements.

(2) Personnel and classroom enrollment data for each school district, including:

(a) The total numbers of licensed employees and nonlicensed employees and the numbers of full-time equivalent licensed employees and nonlicensed employees providing each category of instructional service, instructional support service, and administrative support service used pursuant to division (C)(3) of this section. The guidelines adopted under this section shall require these categories of data to be maintained for the school district as a whole and, wherever applicable, for each grade in the school district as a whole, for each school building as a whole, and for each grade in each school building.

(b) The total number of employees and the number of full-time equivalent employees providing each category of service used pursuant to divisions (C)(4)(a) and (b) of this section, and the total numbers of licensed employees and nonlicensed employees and the numbers of full-time equivalent licensed employees and nonlicensed employees providing each category used pursuant to division (C)(4)(c) of this section. The guidelines adopted under this section shall require these categories of data to be maintained for the school district as a whole and, wherever applicable, for each grade in the school district as a whole, for each school building as a whole, and for each grade in each school building.

(c) The total number of regular classroom teachers teaching classes of regular education and the average number of pupils enrolled in each such class, in each of grades kindergarten through five in the district as a whole and in each school building in the school district.

(3) Student demographic data for each school district, including information regarding the gender ratio of the school district's pupils, the racial make-up of the school district's pupils, and an appropriate measure of the number of the school district's pupils who reside in economically disadvantaged households. The demographic data shall be collected in a manner to allow correlation with data collected under division (B)(1) of this section. Categories for data collected pursuant to division (B)(3) of this section shall conform, where appropriate, to standard practices of agencies of the federal government.

(C) The education management information system shall include cost accounting data for each district as a whole and for each school building in each school district. The guidelines adopted under this section shall require the cost data for each school district to be maintained in a system of mutually exclusive cost units and shall require all of the costs of each school district to be divided among the cost units. The guidelines shall require the system of mutually exclusive cost units to include at least the following:

(1) Administrative costs for the school district as a whole. The guidelines shall require the cost units under this division (C)(1) to be designed so that each of them may be compiled and reported in terms of average expenditure per pupil in average daily membership in the school district, as determined pursuant to section 3317.03 of the Revised Code.

(2) Administrative costs for each school building in the school district. The guidelines shall require the cost units under this division (C)(2) to be designed so that each of them may be compiled and reported in terms of average expenditure per full-time equivalent pupil receiving instructional or support services in each building.

(3) Instructional services costs for each category of instructional service provided directly to students and required by guidelines adopted pursuant to division (B)(1)(a) of this section. The guidelines shall require the cost units under division (C)(3) of this section to be designed so that each of them may be compiled and reported in terms of average expenditure per pupil receiving the service in the school district as a whole and average expenditure per pupil receiving the service in each building in the school district and in terms of a total cost for each category of service and, as a breakdown of the total cost, a cost for each of the following components:

(a) The cost of each instructional services category required by guidelines adopted under division (B)(1)(a) of this section that is provided directly to students by a classroom teacher;

(b) The cost of the instructional support services, such as services provided by a speech-language pathologist, classroom aide, multimedia aide, or librarian, provided directly to students in conjunction with each instructional services category;

(c) The cost of the administrative support services related to each instructional services category, such as the cost of personnel that develop the curriculum for the instructional services category and the cost of personnel supervising or coordinating the delivery of the instructional services category.

(4) Support or extracurricular services costs for each category of service directly provided to students and required by guidelines adopted pursuant to division (B)(1)(b) of this section. The guidelines shall require the cost units under division (C)(4) of this section to be designed so that each of them may be compiled and reported in terms of average expenditure per pupil receiving the service in the school district as a whole and average expenditure per pupil receiving the service in each building in the school district and in terms of a total cost for each category of service and, as a breakdown of the total cost, a cost for each of the following components:

(a) The cost of each support or extracurricular services category required by guidelines adopted under division (B)(1)(b) of this section that is provided directly to students by a licensed employee, such as services provided by a guidance counselor or any services provided by a licensed employee under a supplemental contract;

(b) The cost of each such services category provided directly to students by a nonlicensed employee, such as janitorial services, cafeteria services, or services of a sports trainer;

(c) The cost of the administrative services related to each services category in division (C)(4)(a) or (b) of this section, such as the cost of any licensed or nonlicensed employees that develop, supervise, coordinate, or otherwise are involved in administering or aiding the delivery of each services category.

(D) The guidelines adopted under this section may require school districts to collect information about individual students, staff members, or both in connection with any data required by division (B) or (C) of this section or other reporting requirements established in the Revised Code. The guidelines may also require school districts to report information about individual staff members in connection with any data required by division (B) or (C) of this section or other reporting requirements established in the Revised Code. The guidelines may authorize school districts to request social security numbers of individual students so that school districts and the data acquisition sites operated under section 3301.075 of the Revised Code can assure accuracy and avoid errors in collecting the data. However, the guidelines shall prohibit the reporting under this section of any personally identifiable information about any student, including a student's social security number, name, or address, to the state board of education or the department of education or to any other person unless such person is employed by the school district or the data acquisition site and is authorized by the district or acquisition site to have access to such information. The guidelines may require school districts to provide the social security numbers of individual staff members.

(E) The guidelines adopted under this section may require school districts to collect and report data, information, or reports other than that described in divisions (A), (B), and (C) of this section for the purpose of complying with other reporting requirements established in the Revised Code. The other data, information, or reports may be maintained in the education management information system but are not required to be compiled as part of the profile formats required under division (G) of this section or the annual statewide report required under division (H) of this section.

(F) Beginning with the school year that begins July 1, 1991, the board of education of each school district shall annually collect and report to the state board, in accordance with the guidelines established by the board, the data required pursuant to this section. A school district may collect and report these data notwithstanding section 2151.358 or 3319.321 of the Revised Code.

(G) The state board shall, in accordance with the procedures it adopts, annually compile the data reported by each school district pursuant to division (D) of this section. The state board shall design formats for profiling each school district as a whole and each school building within each district and shall compile the data in accordance with these formats. These profile formats shall:

(1) Include all of the data gathered under this section in a manner that facilitates comparison among school districts and among school buildings within each school district;

(2) Present the data on academic achievement levels as assessed by the testing of student proficiency maintained pursuant to division (B)(1)(e) of this section so that the academic achievement levels of students who are excused from taking any such test pursuant to division (C)(1) of section 3301.0711 of the Revised Code are distinguished from the academic achievement levels of students who are not so excused.

(H)(1) The state board shall, in accordance with the procedures it adopts, annually prepare a statewide report for all school districts and the general public that includes the profile of each of the school districts developed pursuant to division (G) of this section. Copies of the report shall be sent to each school district.

(2) The state board shall, in accordance with the procedures it adopts, annually prepare an individual report for each school district and the general public that includes the profiles of each of the school buildings in that school district developed pursuant to division (G) of this section. Copies of the report shall be sent to the superintendent of the district and to each member of the district board of education.

(3) Copies of the reports received from the state board under divisions (H)(1) and (2) of this section shall be made available to the general public at each school district's offices. Each district board of education shall make copies of each report available to any person upon request and payment of a reasonable fee for the cost of reproducing the report. The board shall annually publish in a newspaper of general circulation in the school district, at least twice during the two weeks prior to the week in which the reports will first be available, a notice containing the address where the reports are available and the date on which the reports will be available.

(I) Any data that is collected or maintained pursuant to this section and that identifies an individual pupil is not a public record for the purposes of section 149.43 of the Revised Code.

(J) As used in this section:

(1) "School district" means any city, local, exempted village, or joint vocational school district.

(2) "Cost" means any expenditure for operating expenses made by a school district excluding any expenditures for debt retirement except for payments made to any commercial lending institution for any loan approved pursuant to section 3313.483 of the Revised Code.

(K) Any person who removes data from the information system established under this section for the purpose of releasing it to any person not entitled under law to have access to such information is subject to section 2913.42 of the Revised Code prohibiting tampering with data.

(L) ANY TIME THE DEPARTMENT OF EDUCATION DETERMINES THAT A SCHOOL DISTRICT HAS TAKEN ANY OF THE ACTIONS DESCRIBED UNDER DIVISION (L)(1), (2), OR (3) OF THIS SECTION, IT SHALL MAKE A REPORT OF THE ACTIONS OF THE DISTRICT, SEND A COPY OF THE REPORT TO THE SUPERINTENDENT OF SUCH SCHOOL DISTRICT, AND MAINTAIN A COPY OF THE REPORT IN ITS FILES:

(1) THE SCHOOL DISTRICT FAILS TO MEET ANY DEADLINE ESTABLISHED PURSUANT TO THIS SECTION FOR THE REPORTING OF ANY DATA TO THE EDUCATION MANAGEMENT INFORMATION SYSTEM;

(2) THE SCHOOL DISTRICT FAILS TO MEET ANY DEADLINE ESTABLISHED PURSUANT TO THIS SECTION FOR THE CORRECTION OF ANY DATA REPORTED TO THE EDUCATION MANAGEMENT INFORMATION SYSTEM;

(3) THE SCHOOL DISTRICT REPORTS DATA TO THE EDUCATION MANAGEMENT INFORMATION SYSTEM IN A CONDITION, AS DETERMINED BY THE DEPARTMENT, THAT INDICATES THAT THE DISTRICT DID NOT MAKE A GOOD FAITH EFFORT IN REPORTING THE DATA TO THE SYSTEM.

ANY REPORT MADE UNDER THIS DIVISION SHALL INCLUDE RECOMMENDATIONS FOR CORRECTIVE ACTION BY THE SCHOOL DISTRICT.

UPON MAKING A REPORT FOR THE FIRST TIME IN A FISCAL YEAR, THE DEPARTMENT SHALL WITHHOLD TEN PER CENT OF THE TOTAL AMOUNT DUE DURING THAT FISCAL YEAR UNDER CHAPTER 3317. of the Revised Code TO THE SCHOOL DISTRICT TO WHICH THE REPORT APPLIES. UPON MAKING A SECOND REPORT IN A FISCAL YEAR, THE DEPARTMENT SHALL WITHHOLD AN ADDITIONAL TWENTY PER CENT OF SUCH TOTAL AMOUNT DUE DURING THAT FISCAL YEAR TO THE SCHOOL DISTRICT TO WHICH THE REPORT APPLIES. THE DEPARTMENT SHALL NOT RELEASE SUCH FUNDS UNLESS IT DETERMINES THAT THE DISTRICT HAS TAKEN CORRECTIVE ACTION. HOWEVER, NO SUCH RELEASE OF FUNDS SHALL OCCUR IF THE DISTRICT FAILS TO TAKE CORRECTIVE ACTION WITHIN NINETY DAYS OF THE DATE UPON WHICH THE REPORT WAS MADE BY THE DEPARTMENT.

(M) THE DEPARTMENT OF EDUCATION, AFTER CONSULTATION WITH THE OHIO EDUCATION COMPUTER NETWORK, MAY PROVIDE AT NO COST TO SCHOOL DISTRICTS UNIFORM COMPUTER SOFTWARE FOR USE IN REPORTING DATA TO THE EDUCATION MANAGEMENT INFORMATION SYSTEM, PROVIDED THAT NO SCHOOL DISTRICT SHALL BE REQUIRED TO UTILIZE SUCH SOFTWARE TO REPORT DATA TO THE EDUCATION MANAGEMENT INFORMATION SYSTEM IF SUCH DISTRICT IS SO REPORTING DATA IN AN ACCURATE, COMPLETE, AND TIMELY MANNER IN A FORMAT COMPATIBLE WITH THAT REQUIRED BY THE EDUCATION MANAGEMENT INFORMATION SYSTEM.

(N) THE STATE BOARD OF EDUCATION, IN ACCORDANCE WITH SECTIONS 3319.31 AND 3319.311 OF THE REVISED CODE, MAY SUSPEND OR REVOKE A LICENSE AS DEFINED UNDER DIVISION (A) OF SECTION 3319.31 OF THE REVISED CODE THAT HAS BEEN ISSUED TO ANY SCHOOL DISTRICT EMPLOYEE FOUND TO HAVE WILLFULLY REPORTED ERRONEOUS, INACCURATE, OR INCOMPLETE DATA TO THE EDUCATION MANAGEMENT INFORMATION SYSTEM.

Sec. 3301.0719. (A) As used in this section:

(1) "AID TO DEPENDENT CHILDREN" MEANS:

(a)AID PROVIDED UNDER CHAPTER 5107. OF THE REVISED CODE PRIOR TO OCTOBER 1, 1996;

(b) CASH ASSISTANCE PROVIDED ON OR AFTER OCTOBER 1, 1996, UNDER A STATE PROGRAM OPERATED PURSUANT TO TITLE IV-A OF THE "SOCIAL SECURITY ACT," 110 STAT. 2113 (1996), 42 U.S.C.A. 601, AS AMENDED, REGARDLESS OF THE NAME USED TO DESIGNATE THAT ASSISTANCE.

(2) "Aid-to-dependent-children rate" means the percentage that equals the quotient obtained by dividing the number of children ages five to seventeen residing in the district and living in a family receiving aid to dependent children, as certified for the most recent year under section 3317.10 of the Revised Code, by the total of the number of students in average daily membership in grades kindergarten through twelve, as certified for the most recent year under section 3317.03 of the Revised Code.

(2)(3) "At-risk school district" means any city, exempted village, or local school district that has a dropout rate, rounded to the nearest one-half per cent, of thirty per cent or more and to whom one or both of the following apply:

(a) The aid-to-dependent-children rate of the district is more than thirty per cent.

(b) The amount of the average personal income per tax return of the district, as reported for the most recent tax year by the department of taxation to the department of education, is less than eighty per cent of the amount of the statewide average personal income per tax return for that tax year.

(3)(4) "Dropout rate" for any at-risk school district means the percentage that equals the difference between one hundred per cent and the graduation rate for the most recent school year calculated in accordance with division (B)(1)(r)(l) of section 3301.0714 of the Revised Code.

(B) During the first two weeks of July each year, beginning in 1992, the state board of education shall determine each school district that is an at-risk school district and that receives at least three hundred thousand dollars under division (B)(3) of section 3317.023 of the Revised Code and shall notify any such district of this determination and the requirements of division (B)(4) of section 3317.023 of the Revised Code.

Notwithstanding division (B)(4) of section 3317.023 of the Revised Code, in the school year in which a school district is initially identified as at-risk, in lieu of the expenditure required by that division, each district board shall expend at least one-eightieth of the amount designated under that division on preparation for the implementation of the programs required by that division for the following school year. Such preparation shall include submission of a report to the state board of education detailing the preparation and the actual plans for implementation of the specified programs and the provision of at least ten days of in-service training for teachers who will be participating in such programs. The preparation may include the purchase of materials and the hiring of consultants.

Sec. 3301.134. (A) IN EACH FISCAL YEAR THE DEPARTMENT OF EDUCATION, IN ACCORDANCE WITH APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY, MAY ISSUE AWARDS OF EQUAL AMOUNTS UP TO FIFTEEN THOUSAND DOLLARS TO THOSE FIFTY PUBLIC SCHOOLS THAT ARE DETERMINED BY THE DEPARTMENT TO HAVE IMPLEMENTED IN THE IMMEDIATELY PRECEDING FISCAL YEAR INNOVATIVE AND EXEMPLARY PARENTAL INVOLVEMENT PROGRAMS THAT HAVE ENHANCED PARENTAL INVOLVEMENT IN SUCH SCHOOLS ACCORDING TO CRITERIA ESTABLISHED BY THE DEPARTMENT.

(B) THE DEPARTMENT OF EDUCATION SHALL COLLECT AND RETAIN INFORMATION ON THE INNOVATIVE AND EXEMPLARY PARENTAL INVOLVEMENT PROGRAMS OF ALL SCHOOLS THAT HAVE RECEIVED AWARDS UNDER DIVISION (A) OF THIS SECTION. IN EACH FISCAL YEAR THE DEPARTMENT SHALL PUBLICIZE TO EVERY SCHOOL DISTRICT A DESCRIPTION OF EACH OF THE INNOVATIVE AND EXEMPLARY PARENTAL INVOLVEMENT PROGRAMS OF THE SCHOOLS THAT HAVE RECEIVED AWARDS IN THE IMMEDIATELY PRECEDING FISCAL YEAR.

(C) ANY SCHOOL THAT RECEIVES AN AWARD UNDER DIVISION (A) OF THIS SECTION MAY EXPEND THE MONEY ON ANY LAWFUL PURPOSE.

Sec. 3301.80. (A)(1) There is hereby created the INFORMATION, LEARNING, AND technology advisory committee AUTHORITY consisting of nine ELEVEN members, five SEVEN of whom are voting members. Of the voting members, one shall be appointed by the governor SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE. THE MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT OF THE SENATE SHALL NOT BE MEMBERS OF THE GENERAL ASSEMBLY. The state superintendent of public instruction or a designee of the superintendent, THE DIRECTOR OF THE OFFICE OF BUDGET AND MANAGEMENT OR A DESIGNEE OF THE DIRECTOR, the director of the department of administrative services or a designee of the director, the chairperson of the public utilities commission or a designee of the chairperson, and the director of the Ohio educational telecommunications network commission or a designee of the director shall serve on the committee as ex officio voting members. Of the nonvoting members, two shall be members of the house of representatives appointed by the speaker of the house of representatives and two shall be members of the senate appointed by the president of the senate. The members appointed from each house shall not be members of the same political party.

The term TERMS of office for the member MEMBERS appointed by the governor SPEAKER OF THE HOUSE AND THE PRESIDENT OF THE SENATE shall be for two years, with the EACH term ending on the same day of the same month as did the term that it succeeds. The member MEMBERS appointed by the governor SPEAKER OF THE HOUSE AND THE PRESIDENT OF THE SENATE may be reappointed. Any member appointed from the house of representatives or senate who ceases to be a member of the legislative house from which the member was appointed shall cease to be a member of the committee. Vacancies among appointed members shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which a predecessor was appointed shall hold office as a member for the remainder of that term. The member MEMBERS appointed by the governor SPEAKER OF THE HOUSE AND THE PRESIDENT OF THE SENATE shall continue in office subsequent to the expiration date of that member's term until a successor takes office or until a period of sixty days has elapsed, whichever occurs first.

(2) The INFORMATION, LEARNING, AND technology advisory committee AUTHORITY shall monitor and oversee the operations of, and programs administered by, the office of information, learning, and technology services established under division (B) of this section. In addition, the committee AUTHORITY may develop and issue policies and directives to be followed by the office of information, learning, and technology services in implementing the programs under its jurisdiction.

(B) The office of information, learning, and technology services is hereby established as an independent agency within the department of education. The office shall be under the supervision of a director who shall be appointed by the superintendent of public instruction except that the superintendent shall not appoint a person as director unless the person has been approved by a majority vote of the INFORMATION, LEARNING, AND technology advisory committee AUTHORITY. The director shall serve at the pleasure of the committee AUTHORITY and shall direct the office in the administration of all programs for the provision of financial and other assistance to school districts and other educational institutions for the acquisition and utilization of educational technology. The office of information, learning, and technology services shall do all of the following:

(1) Make grants to institutions and other organizations as prescribed by the general assembly for the provision of technical assistance, professional development, and other support services to enable school districts and other educational institutions to utilize educational technology;

(2) Contract with the department of education, state institutions of higher education, private nonprofit institutions of higher education holding certificates of authorization under section 1713.02 of the Revised Code, and such other public or private entities, and employ such persons as the director of the office deems necessary for the administration and implementation of the programs under the office's jurisdiction;

(3) Establish a reporting system to which school districts and other educational institutions receiving financial assistance pursuant to this section for the acquisition of educational technology report information as to the manner in which such assistance was expended, the manner in which the equipment or services purchased with the assistance is being utilized, the results or outcome of this utilization, and other information as may be required by the office;

(4) Establish necessary guidelines governing purchasing and procurement by participants in programs administered by the office that facilitate the timely and effective implementation of such programs;

(5) Implement policies and directives issued by the INFORMATION, LEARNING, AND technology advisory committee AUTHORITY established under division (A) of this section.

The office of information, learning, and technology services may establish a systems support network to facilitate the timely implementation of the programs, projects, or activities for which it provides assistance.

Chapters 123., 124., 125., and 153., and sections 9.331, 9.332, and 9.333 of the Revised Code do not apply to contracts, programs, projects, or activities of the INFORMATION, LEARNING, AND TECHNOLOGY AUTHORITY OR THE office of information, learning, and technology services.

For purposes of exercising collective bargaining rights under Chapter 4117. of the Revised Code, the employees of the office of information, learning, and technology services shall be placed in a bargaining unit separate from any other unit containing employees of the state.

Sec. 3301.801. THE OFFICE OF INFORMATION, LEARNING, AND TECHNOLOGY SERVICES SHALL CREATE AND MAINTAIN A CLEARINGHOUSE FOR CLASSROOM TEACHERS TO EASILY OBTAIN LESSON PLANS AND MATERIALS AND OTHER PRACTICAL RESOURCES FOR USE IN CLASSROOM TEACHING. THE OFFICE SHALL DEVELOP A METHOD OF OBTAINING SUBMISSIONS, FROM CLASSROOM TEACHERS AND OTHERS, OF SUCH PLANS, MATERIALS, AND OTHER RESOURCES THAT HAVE BEEN USED IN THE CLASSROOM AND THAT CAN BE READILY USED AND IMPLEMENTED BY CLASSROOM TEACHERS IN THEIR REGULAR TEACHING ACTIVITIES. THE OFFICE ALSO SHALL DEVELOP METHODS OF INFORMING CLASSROOM TEACHERS OF BOTH THE AVAILABILITY OF SUCH PLANS, MATERIALS, AND OTHER RESOURCES, AND OF THE OPPORTUNITY TO SUBMIT SUCH PLANS, MATERIALS, AND OTHER RESOURCES AND OTHER CLASSROOM TEACHING IDEAS TO THE CLEARINGHOUSE.

THE OFFICE SHALL PERIODICALLY REPORT TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT OF THE SENATE, AND THE CHAIRPERSONS OF THE EDUCATION COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES REGARDING THE CLEARINGHOUSE AND MAKE RECOMMENDATIONS FOR CHANGES IN STATE LAW OR ADMINISTRATIVE RULES THAT MAY FACILITATE THE USEFULNESS OF THE CLEARINGHOUSE.

Sec. 3307.01. As used in this chapter:

(A) "Employer" means the board of education, school district, GOVERNING AUTHORITY OF ANY COMMUNITY SCHOOL ESTABLISHED UNDER CHAPTER 3314. of the Revised Code, college, university, institution, or other agency within the state by which a teacher is employed and paid.

(B) "Teacher" means any person paid from public funds and employed in the public schools of the state under any type of contract described in section 3319.08 of the Revised Code in a position for which the teacher person is required to have a license issued pursuant to sections 3319.22 to 3319.31 of the Revised Code; ANY PERSON EMPLOYED AS A TEACHER BY A COMMUNITY SCHOOL PURSUANT TO CHAPTER 3314. of the Revised Code; and any other teacher or faculty member employed in any school, college, university, institution, or other agency wholly controlled and managed, and supported in whole or in part, by the state or any political subdivision thereof, including Central state university, Cleveland state university, the university of Toledo, and the medical college of Ohio at Toledo. The educational employees of the department of education, as determined by the state superintendent of public instruction, shall be considered teachers for the purpose of membership in this system. In all cases of doubt, the state teachers retirement board shall determine whether any person is a teacher, and its decision shall be final.

"Teacher" does not include any academic or administrative employee of a public institution of higher education, as defined in section 3305.01 of the Revised Code, who participates in all AN alternative retirement plan established under Chapter 3305. of the Revised Code.

(C) "Prior service" means all service as a teacher before September 1, 1920, military service credit, all service prior to September 1, 1920, as an employee of any employer who comes within the public employees retirement system, the school employees retirement system, or any other state retirement system established under the laws of Ohio, and similar service in another state, credit for which was procured by a member under section 3307.33 of the Revised Code, prior to June 25, 1945. Prior service credit shall not be granted to any member for service for which credit or benefits have been received in any other state retirement system in Ohio or for credit that was forfeited by withdrawal of contributions, unless the credit has been restored. If the teacher served as an employee in any two or all of the capacities, "prior service" means the total combined service in the capacities prior to September 1, 1920.

If a teacher who has been granted prior service credit for service rendered prior to September 1, 1920, as an employee of an employer who comes within the public employees retirement system or the school employees retirement system, establishes, subsequent to September 16, 1957, and before retirement, three years of contributing service in the public employees retirement system, or one year in the school employees retirement system, the prior service credit granted shall become, at retirement, the liability of the other system if the prior service or employment was in a capacity covered by that system.

(D) "Total service," "total service credit," except as provided in section 3307.41 of the Revised Code, or "Ohio service credit" means all service of a member of the state teachers retirement system since last becoming a member and, in addition thereto, restored service credit under section 3307.28, all prior service credit, all military service credit computed as provided in this chapter, and all other service credit established under sections 3307.31, 3307.311, 3307.32, 3307.35, 3307.411, 3307.51, 3307.512, 3307.513, and 3307.73 and former section 3307.52 of the Revised Code, and Section 3 of Amended Substitute Senate Bill No. 530 of the 114th general assembly. All service credit purchased under section 3307.33 of the Revised Code shall be used exclusively for the purpose of qualifying for service retirement.

(E) "Member" means any person included in the membership of the state teachers retirement system, which shall consist of all teachers and contributors as defined in divisions (B) and (F) of this section and all disability benefit recipients. However, for purposes of this chapter, the following persons shall not be considered members:

(1) A student, intern, or resident who is not a member while employed part-time by a school, college, or university at which the student, intern, or resident is regularly attending classes;

(2) A person denied membership pursuant to section 3307.27 of the Revised Code;

(3) A superannuate or other system retirant as defined in section 3307.381 of the Revised Code;

(4) An individual employed in a program established pursuant to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A. 1501.

(F) "Contributor" means any person who has an account in the teachers' savings fund.

(G) "Beneficiary" means any person eligible to receive, or in receipt of, a retirement allowance or other benefit provided by this chapter.

(H)(1) "Service retirement" means retirement as provided in section 3307.38 or 3307.39 of the Revised Code.

(2) "Disability retirement" means retirement as provided in section 3307.43 of the Revised Code.

(I) "Accumulated contributions" means the sum of all amounts credited to a contributor's individual account in the teachers' savings fund, together with interest credited thereon at the rates approved by the state teachers retirement board prior to retirement.

(J) "Annuity" means payments for life derived from contributions made by a contributor and paid from the annuity and pension reserve fund. All annuities shall be paid in twelve equal monthly installments.

(K) "Pensions" means annual payments for life derived from appropriations made by an employer and paid from the annuity and pension reserve fund. All pensions shall be paid in twelve equal monthly installments.

(L)(1) "Allowance" or "benefit" means the pension plus the annuity, or any other payment under this chapter, and includes a disability allowance or disability benefit.

(2) "Disability allowance" means an allowance paid on account of disability under section 3307.431 of the Revised Code.

(3) "Disability benefit" means a benefit paid as disability retirement under section 3307.43 of the Revised Code, as a disability allowance under section 3307.431 of the Revised Code, or as a disability benefit under section 3307.41 of the Revised Code.

(M) "Annuity reserve" means the present value, computed upon the basis of mortality tables adopted by the state teachers retirement board with interest, of all payments to be made on account of any annuity, or benefit in lieu of any annuity, granted to a member.

(N) "Pension reserve" means the present value, computed upon the basis of mortality tables adopted by the state teachers retirement board with interest, of all payments to be made on account of any pension, or benefit in lieu of any pension, granted to a member or to a beneficiary.

(O) "Year" means the year beginning the first day of July and ending with the thirtieth day of June next following, except that for the purpose of determining final average salary, "year" may mean the contract year.

(P) "Local district pension system" means any school teachers pension fund created in any school district of the state in accordance with the laws of the state prior to September 1, 1920.

(Q) "Employer contribution" means the amount paid by an employer, as determined by the employer rate, including the normal and deficiency rates, contributions, and funds wherever used in this chapter.

(R) "Five years of service credit," for the exclusive purpose of satisfying the service credit requirements and determining eligibility for benefits under section 3307.38 of the Revised Code, means employment covered under this chapter and employment covered under a former retirement plan operated, recognized, or endorsed by a college, institute, university, or political subdivision of this state prior to coverage under this chapter.

(S) "Actuary" means the actuarial consultant to the state teachers retirement board, who shall be either of the following:

(1) A member of the American academy of actuaries;

(2) A firm, partnership, or corporation of which at least one person is a member of the American academy of actuaries.

(T) "Fiduciary" means a person who does any of the following:

(1) Exercises any discretionary authority or control with respect to the management of the system, or with respect to the management or disposition of its assets;

(2) Renders investment advice for a fee, direct or indirect, with respect to money or property of the system;

(3) Has any discretionary authority or responsibility in the administration of the system.

(U)(1) Except as otherwise provided in this division, "compensation" means all salary, wages, and other earnings paid to a teacher by reason of the teacher's employment, including compensation paid pursuant to a supplemental contract. The salary, wages, and other earnings shall be determined prior to determination of the amount required to be contributed to the teachers' savings fund under section 3307.51 of the Revised Code and without regard to whether any of the salary, wages, or other earnings are treated as deferred income for federal income tax purposes.

(2) Compensation does not include any of the following:

(a) Payments for accrued but unused sick leave or personal leave, including payments made under a plan established pursuant to section 124.39 of the Revised Code or any other plan established by the employer;

(b) Payments made for accrued but unused vacation leave, including payments made pursuant to section 124.13 of the Revised Code or a plan established by the employer;

(c) Payments made for vacation pay covering concurrent periods for which other salary, compensation, or benefits under this chapter are paid;

(d) Amounts paid by the employer to provide life insurance, sickness, accident, endowment, health, medical, hospital, dental, or surgical coverage, or other insurance for the teacher or the teacher's family, or amounts paid by the employer to the teacher in lieu of providing the insurance;

(e) Incidental benefits, including lodging, food, laundry, parking, or services furnished by the employer, use of the employer's property or equipment, and reimbursement for job-related expenses authorized by the employer, including moving and travel expenses and expenses related to professional development;

(f) Payments made by the employer in exchange for a member's waiver of a right to receive any payment, amount, or benefit described in division (U)(2) of this section;

(g) Payments by the employer for services not actually rendered;

(h) Any amount paid by the employer as a retroactive increase in salary, wages, or other earnings, unless the increase is one of the following:

(i) A retroactive increase paid to a member employed by a school district board of education in a position that requires a license designated for teaching and not designated for being an administrator issued under section 3319.22 of the Revised Code that is paid in accordance with uniform criteria applicable to all members employed by the board in positions requiring the licenses;

(ii) A retroactive increase paid to a member employed by a school district board of education in a position that requires a license designated for being an administrator issued under section 3319.22 of the Revised Code that is paid in accordance with uniform criteria applicable to all members employed by the board in positions requiring the licenses;

(iii) A retroactive increase paid to a member employed by a school district board of education as a superintendent that is also paid as described in division (U)(2)(h)(i) of this section;

(iv) A retroactive increase paid to a member employed by an employer other than a school district board of education in accordance with uniform criteria applicable to all members employed by the employer.

(i) Payments made to or on behalf of a teacher that are in excess of the annual compensation that may be taken into account by the retirement system under division (a)(17) of section 401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 401(a)(17), as amended. For a teacher who first establishes membership before July 1, 1996, the annual compensation that may be taken into account by the retirement system shall be determined under division (d)(3) of section 13212 of the "Omnibus Budget Reconciliation Act of 1993," Pub. L. 103-66, 107 Stat. 472.

(j) Payments made under division (B) or (D) of section 5923.05 of the Revised Code or Section 4 of Substitute Senate Bill No. 3 of the 119th General Assembly GENERAL ASSEMBLY;

(k) Anything of value received by the teacher that is based on or attributable to retirement or an agreement to retire.

(3) The retirement board shall determine by rule both of the following:

(a) Whether particular forms of earnings are included in any of the categories enumerated in this division;

(b) Whether any form of earnings not enumerated in this division is to be included in compensation.

Decisions of the board made under this division shall be final.

(V) "Retirant" means any former member who is granted age and service retirement as provided in sections 3307.38, 3307.39, 3307.41, and 3307.50 of the Revised Code.

(W) "Disability benefit recipient" means a member who is receiving a disability benefit.

Sec. 3309.01. As used in this chapter:

(A) "Employer" or "public employer" means boards of education, school districts, joint vocational districts, GOVERNING AUTHORITIES OF COMMUNITY SCHOOLS ESTABLISHED UNDER CHAPTER 3314. of the Revised Code, educational institutions, technical colleges, state, municipal, and community colleges, community college branches, universities, university branches, other educational institutions, or other agencies within the state by which an employee is employed and paid, including any organization using federal funds, provided the federal funds are disbursed by an employer as determined by the above. In all cases of doubt, the school employees retirement board shall determine whether any employer is an employer as defined in this chapter, and its decision shall be final.

(B) "Employee" means all of the following:

(1) Any person employed by a public employer in a position for which the person is not required to have a certificate or license issued pursuant to sections 3319.22 to 3319.31 of the Revised Code;

(2) Any person who performs a service common to the normal daily operation of an educational unit even though the person is employed and paid by one who has contracted with an employer to perform the service, and the contracting board or educational unit shall be the employer for the purposes of administering the provisions of this chapter;

(3) Any person, not a faculty member, employed in any school or college or other institution wholly controlled and managed, and wholly or partly supported by the state or any political subdivision thereof, the board of trustees, or other managing body of which shall accept the requirements and obligations of this chapter.

In all cases of doubt, the school employees retirement board shall determine whether any person is an employee, as defined in this division, and its decision is final.

(C) "Prior service" means all service rendered prior to September 1, 1937:

(1) As an employee as defined in division (B) of this section;

(2) As an employee in a capacity covered by the public employees retirement system or the state teachers retirement system;

(3) As an employee of an institution in another state, service credit for which was procured by a member under the provisions of section 3309.31 of the Revised Code.

Prior service, for service as an employee in a capacity covered by the public employees retirement system or the state teachers retirement system, shall be granted a member under qualifications identical to the laws and rules applicable to service credit in those systems.

Prior service shall not be granted any member for service rendered in a capacity covered by the public employees retirement system, the state teachers retirement system, and this system in the event the service credit has, in the respective systems, been received, waived by exemption, or forfeited by withdrawal of contributions, except as provided in this chapter.

If a member who has been granted prior service should, subsequent to September 16, 1957, and before retirement, establish three years of contributing service in the public employees retirement system, or one year in the state teachers retirement system, then the prior service granted shall become, at retirement, the liability of the other system, if the prior service or employment was in a capacity that is covered by that system.

The provisions of this division shall not cancel any prior service granted a member by the school employees retirement board prior to August 1, 1959.

(D) "Total service," "total service credit," or "Ohio service credit" means all contributing service of a member of the school employees retirement system, and all prior service, computed as provided in this chapter, and all service established pursuant to sections 3309.31, 3309.311, and 3309.33 of the Revised Code. In addition, "total service" includes any period, not in excess of three years, during which a member was out of service and receiving benefits from the state insurance fund, provided the injury or incapacitation was the direct result of school employment.

(E) "Member" means any employee, except an SERS retirant or other system retirant as defined in section 3309.341 of the Revised Code, who has established membership in the school employees retirement system. "Member" includes a disability benefit recipient.

(F) "Contributor" means any person who has an account in the employees' savings fund.

(G) "Retirant" means any former member who retired and is receiving a service retirement allowance or commuted service retirement allowance as provided in this chapter.

(H) "Beneficiary" or "beneficiaries" means the estate or a person or persons who, as the result of the death of a contributor or retirant, qualifies for or is receiving some right or benefit under this chapter.

(I) "Interest," as specified in division (E) of section 3309.60 of the Revised Code, means interest at the rates for the respective funds and accounts as the school employees retirement board may determine from time to time, except as follows:

(1) The rate of interest credited on employee contributions at retirement shall be four per cent per annum, compounded annually, to and including June 30, 1955; three per cent per annum, compounded annually, from July 1, 1955, to and including June 30, 1963; three and one-quarter per cent per annum, compounded annually, from July 1, 1963, through June 30, 1966; and thereafter, four per cent per annum compounded annually until a change in the amount is recommended by the system's actuary and approved by the retirement board. Subsequent to June 30, 1959, the retirement board shall discontinue the annual crediting of current interest on a contributor's accumulated contributions. Noncrediting of current interest shall not affect the rate of interest at retirement guaranteed under this division.

(2) In determining the reserve value for purposes of computing the amount of the contributor's annuity, the rate of interest used in the annuity values shall be four per cent per annum through September 30, 1956; three per cent per annum compounded annually from October 1, 1956, through June 30, 1963; three and one-quarter per cent per annum compounded annually from July 1, 1963, through June 30, 1966; and, thereafter, four per cent per annum compounded annually until a change in the amount is recommended by the system's actuary and approved by the retirement board. In the purchase of out-of-state service credit as provided in section 3309.31 of the Revised Code, and in the purchase of an additional annuity, as provided in section 3309.47 of the Revised Code, interest shall be computed and credited to reserves therefor at the rate the school employees retirement board shall fix as regular interest thereon.

(J) "Accumulated contributions" means the sum of all amounts credited to a contributor's account in the employees' savings fund together with any regular interest credited thereon at the rates approved by the retirement board prior to retirement.

(K) "Final average salary" means the sum of the annual compensation for the three highest years of compensation for which contributions were made by the member, divided by three. If the member has a partial year of contributing service in the year in which the member terminates employment and the partial year is at a rate of compensation that is higher than the rate of compensation for any one of the highest three years of annual earnings, the board shall substitute the compensation earned for the partial year for the compensation earned for a similar fractional portion in the lowest of the three high years of annual compensation before dividing by three. If a member has less than three years of contributing membership, the final average salary shall be the total compensation divided by the total number of years, including any fraction of a year, of contributing service.

(L) "Annuity" means payments for life derived from contributions made by a contributor and paid from the annuity and pension reserve fund as provided in this chapter. All annuities shall be paid in twelve equal monthly installments.

(M)(1) "Pension" means annual payments for life derived from appropriations made by an employer and paid from the employers' trust fund or the annuity and pension reserve fund. All pensions shall be paid in twelve equal monthly installments.

(2) "Disability retirement" means retirement as provided in section 3309.40 of the Revised Code.

(N) "Retirement allowance" means the pension plus the annuity.

(O)(1) "Benefit" means a payment, other than a retirement allowance or the annuity paid under section 3309.341 of the Revised Code, payable from the accumulated contributions of the member or the employer, or both, under this chapter and includes a disability allowance or disability benefit.

(2) "Disability allowance" means an allowance paid on account of disability under section 3309.401 of the Revised Code.

(3) "Disability benefit" means a benefit paid as disability retirement under section 3309.40 of the Revised Code, as a disability allowance under section 3309.401 of the Revised Code, or as a disability benefit under section 3309.35 of the Revised Code.

(P) "Annuity reserve" means the present value, computed upon the basis of mortality tables adopted by the school employees retirement board, of all payments to be made on account of any annuity, or benefit in lieu of any annuity, granted to a retirant.

(Q) "Pension reserve" means the present value, computed upon the basis of mortality tables adopted by the school employees retirement board, of all payments to be made on account of any pension, or benefit in lieu of any pension, granted to a retirant or a beneficiary.

(R) "Year" means the year beginning the first day of July and ending with the thirtieth day of June next following.

(S) "Local district pension system" means any school employees' pension fund created in any school district of the state prior to September 1, 1937.

(T) "Employer contribution" means the amount paid by an employer as determined by the employer rate, contributions, and funds as provided in this chapter, and shall be credited to the employers' trust fund.

(U) "Fiduciary" means a person who does any of the following:

(1) Exercises any discretionary authority or control with respect to the management of the system, or with respect to the management or disposition of its assets;

(2) Renders investment advice for a fee, direct or indirect, with respect to money or property of the system;

(3) Has any discretionary authority or responsibility in the administration of the system.

(V)(1) Except as otherwise provided in this division, "compensation" means all salary, wages, and other earnings paid to a contributor by reason of employment. The salary, wages, and other earnings shall be determined prior to determination of the amount required to be contributed to the employees' savings fund under section 3309.47 of the Revised Code and without regard to whether any of the salary, wages, or other earnings are treated as deferred income for federal income tax purposes.

(2) Compensation does not include any of the following:

(a) Payments for accrued but unused sick leave or personal leave, including payments made under a plan established pursuant to section 124.39 of the Revised Code or any other plan established by the employer;

(b) Payments made for accrued but unused vacation leave, including payments made pursuant to section 124.13 of the Revised Code or a plan established by the employer;

(c) Payments made for vacation pay covering concurrent periods for which other salary or compensation is also paid or during which benefits are paid under this chapter;

(d) Amounts paid by the employer to provide life insurance, sickness, accident, endowment, health, medical, hospital, dental, or surgical coverage, or other insurance for the contributor or the contributor's family, or amounts paid by the employer to the contributor in lieu of providing the insurance;

(e) Incidental benefits, including lodging, food, laundry, parking, or services furnished by the employer, use of the employer's property or equipment, and reimbursement for job-related expenses authorized by the employer, including moving and travel expenses and expenses related to professional development;

(f) Payments made to or on behalf of a contributor that are in excess of the annual compensation that may be taken into account by the retirement system under division (a)(17) of section 401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 401(a)(17), as amended. For a contributor who first establishes membership before July 1, 1996, the annual compensation that may be taken into account by the retirement system shall be determined under division (d)(3) of section 13212 of the "Omnibus Budget Reconciliation Act of 1993," Pub. L. 103-66, 107 Stat. 472;

(g) Payments made under division (B) or (D) of section 5923.05 of the Revised Code or Section 4 of Substitute Senate Bill No. 3 of the 119th general assembly;

(h) Anything of value received by the contributor that is based on or attributable to retirement or an agreement to retire, except that payments made on or before January 1, 1989, that are based on or attributable to an agreement to retire shall be included in compensation if both of the following apply:

(i) The payments are made in accordance with contract provisions that were in effect prior to January 1, 1986.

(ii) The employer pays the retirement system an amount specified by the retirement board equal to the additional liability from the payments.

(3) The retirement board shall determine by rule whether any form of earnings not enumerated in this division is to be included in compensation, and its decision shall be final.

(W) "Disability benefit recipient" means a member who is receiving a disability benefit.

(X) "Actuary" means an individual who satisfies all of the following requirements:

(1) Is a member of the American academy of actuaries;

(2) Is an associate or fellow of the society of actuaries;

(3) Has a minimum of five years' experience in providing actuarial services to public retirement plans.

Sec. 3311.053. (A) The boards of education of up to five adjoining educational service centers may, by identical resolutions adopted by a majority of the members of each governing board within any sixty-day period, combine such educational service centers into one educational service center. The resolutions shall state the name of the new center, which may be styled as a "joint educational service center." The resolutions shall also indicate whether the governing board of the new educational service center is to be formed in accordance with division (B) of this section or, in accordance with DIVISION (A) OF section 3311.054 of the Revised Code, OR IN ACCORDANCE WITH SECTION 3311.057 of the Revised Code.

A copy of each resolution shall be filed with the state board of education. The new educational service center shall be created and the governing boards of the participating educational service centers shall be dissolved and a new governing board established thirty days after the date on which the last resolution was filed with the state board.

(B) The initial members of a new governing board established in accordance with this division shall be appointed as follows:

(1) If two educational service centers combine, each center's governing board, prior to its dissolution, shall appoint two members to the new governing board and the four members so selected shall select a fifth member within ten days of the date on which the last of the four members is appointed.

(2) If three educational service centers combine, each center's governing board, prior to its dissolution, shall appoint one member to the new governing board and the three members so selected shall select the remaining two members of the governing board within ten days of the date on which the last of the three members is appointed.

(3) If four educational service centers combine, each center's governing board, prior to its dissolution, shall appoint one member to the new governing board and the four members so selected shall select the remaining member of the governing board within ten days of the date on which the last of the four members is appointed.

(4) If five educational service centers combine, each center's governing board, prior to its dissolution, shall appoint one member to the new governing board.

If the members appointed to a new governing board by the governing boards of the combining educational service centers are unable to agree on the selection of the remaining members of the new governing board within ten days, the probate judge of the county in which the greatest number of pupils under the supervision of the new educational service center reside shall appoint the remaining members.

Electors of the new educational service center shall elect a new governing board at the next general election occurring in an odd-numbered year and more than seventy-five days after the date of the appointment of the last member to the initial governing board. Members shall serve for the duration of the term to which they are elected or until their successors are elected and qualified. At such election, two members shall be elected to terms of two years and three members shall be elected to terms of four years. Thereafter, their successors shall be elected in the same manner and for the same terms as members of governing boards of all educational service centers. Each candidate for election as a member of the educational service center governing board shall file a nominating petition in accordance with section 3513.255 of the Revised Code.

(C) The funds of each former educational service center shall be paid over in full to the governing board of the new educational service center, and the legal title to all property of the former governing boards shall become vested in the new governing board.

The governing board of an educational service center created under this section shall honor all contracts made by the former governing boards.

Sec. 3311.056. After at least one election of board members has occurred under division (B) of section 3313.053 or, division (C) of section 3311.054, OR SECTION 3311.057 of the Revised Code, the elected governing board members of an educational service center created under division (A) of section 3311.053 of the Revised Code may by resolution adopt a plan for adding appointed members to that governing board. A plan may provide for adding to the board a number of appointed members that is up to one less than the number of elected members on the board except that the total number of elected and appointed board members shall be an odd number. A plan shall provide for the terms of the appointed board members. The appointed board members in each plan shall be appointed by a majority vote of the full number of elected members on the board and vacancies shall be filled as provided in the plan. Each plan shall specify the qualifications for the appointed board members of an educational service center and shall at least require appointed board members to be electors residing in the service center.

A governing board adopting a plan under this section shall submit the plan to the state board of education for approval. The state board may approve or disapprove a plan or make recommendations for modifications in a plan. A plan shall take effect thirty days after approval by the state board and, when effective, appointments to the board shall be made in accordance with the plan.

The elected members of the governing board of an educational service center with a plan in effect under this section may adopt, by unanimous vote of all the elected members, a resolution to revise or rescind the plan in effect under this section. All revisions shall comply with the requirements in this section for appointed board members. A resolution revising or rescinding a plan shall specify the dates and manner in which the revision or rescission is to take place. The revision or rescission of a plan shall be submitted to the state board of education for approval. The state board may approve or disapprove a revision or rescission of a plan or make recommendations for modifications. Upon approval of a revision or rescission by the state board, the revised plan or rescission of the plan shall go into effect as provided in the revision or rescission.

Sec. 3311.057. (A) ANY EDUCATIONAL SERVICE CENTER THAT IS FORMED BY MERGING TWO OR MORE EDUCATIONAL SERVICE CENTERS OR FORMER COUNTY SCHOOL DISTRICTS AFTER JULY 1, 1995, BUT PRIOR TO JULY 1, 1999, MAY DETERMINE THE NUMBER OF MEMBERS OF ITS BOARD OF EDUCATION AND WHETHER THE MEMBERS ARE TO BE ELECTED AT LARGE OR BY SUBDISTRICT, PROVIDED EACH BOARD SHALL HAVE AN ODD NUMBER OF MEMBERS.

(B) IF AN EDUCATIONAL SERVICE CENTER DESCRIBED IN DIVISION (A) OF THIS SECTION IS FORMED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE BOARD OF EDUCATION OF EACH SERVICE CENTER THAT IS MERGING TO FORM THE NEW SERVICE CENTER SHALL INCLUDE IDENTICAL PROVISIONS FOR ELECTING THE NEW SERVICE CENTER'S BOARD IN ITS RESOLUTION ADOPTED PURSUANT TO DIVISION (A) OF SECTION 3311.053 OF THE REVISED CODE. IF THERE IS ANY TRANSITION PERIOD BETWEEN THE EFFECTIVE DATE OF THE MERGER OF THE SERVICE CENTERS AND THE ASSUMPTION OF CONTROL OF THE NEW SERVICE CENTER BY THE NEW BOARD, THE RESOLUTIONS SHALL INCLUDE PROVISIONS FOR AN INTERIM GOVERNING BOARD WHICH SHALL BE APPOINTED TO GOVERN THE SERVICE CENTER UNTIL THE TIME THE NEW BOARD IS ELECTED AND ASSUMES CONTROL OF THE SERVICE CENTER.

(C) IF AN EDUCATIONAL SERVICE CENTER DESCRIBED IN DIVISION (A) OF THIS SECTION WAS FORMED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNING BOARD OF THE SERVICE CENTER MAY ADOPT AT ANY TIME PRIOR TO JULY 1, 1999, A RESOLUTION SETTING FORTH PROVISIONS FOR CHANGING THE NUMBER OF MEMBERS AND THE MANNER OF ELECTING ITS BOARD AND PROVISIONS FOR ANY TRANSITIONAL PERIOD BETWEEN THE ABOLITION OF THE EXISTING BOARD AND THE ASSUMPTION OF CONTROL BY THE NEW BOARD.

(D) ANY PROVISIONS FOR ELECTING A GOVERNING BOARD ADOPTED PURSUANT TO DIVISION (B) OR (C) OF THIS SECTION MAY PROVIDE FOR THE ELECTION OF MEMBERS AT LARGE, MAY PROVIDE FOR THE ESTABLISHMENT OF SUBDISTRICTS WITHIN THE DISTRICT, OR MAY REQUIRE SOME MEMBERS TO BE ELECTED AT LARGE AND SOME TO BE ELECTED FROM SUBDISTRICTS. IF SUBDISTRICTS ARE INCLUDED, THE RESOLUTIONS SHALL SPECIFY THE MANNER IN WHICH THEIR BOUNDARIES ARE TO BE DRAWN. THE PROVISIONS SHALL ATTEMPT TO ENSURE THAT EACH ELECTED MEMBER OF THE BOARD REPRESENTS AN EQUAL NUMBER OF RESIDENTS OF THE SERVICE CENTER. TO ACCOMPLISH THIS, ANY SUBDISTRICT CONTAINING A MULTIPLE OF THE NUMBER OF ELECTORS IN ANOTHER SUBDISTRICT, MAY ELECT AT-LARGE WITHIN THAT SUBDISTRICT, A NUMBER OF BOARD MEMBERS EQUAL TO THE MULTIPLE THAT ITS POPULATION IS OF THE POPULATION OF THE OTHER SUBDISTRICT.

(E) THE PROVISIONS FOR SELECTING BOARD MEMBERS SET FORTH IN THE LATEST RESOLUTION ADOPTED PURSUANT TO DIVISION (B) OR (C) OF THIS SECTION PRIOR TO JULY 1, 1999, SHALL REMAIN THE METHOD OF ELECTING SCHOOL BOARD MEMBERS WITHIN THAT EDUCATIONAL SERVICE CENTER.

Sec. 3313.172. The board of education of any city, exempted village, local, or joint vocational school district and the governing board of any educational service center may expend funds to obtain one or more motor vehicles, as defined in section 4501.01 of the Revised Code, by purchase or, lease, OR LEASE-PURCHASE. Except as provided in section 3327.14 of the Revised Code, any motor vehicle so obtained shall be used solely for school purposes.

Sec. 3313.372. (A) As used in this section, "energy conservation measure" means an installation or modification of an installation in, or remodeling of, a building, to reduce energy consumption. It includes:

(1) Insulation of the building structure and systems within the building;

(2) Storm windows and doors, multiglazed windows and doors, heat absorbing or heat reflective glazed and coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption;

(3) Automatic energy control systems;

(4) Heating, ventilating, or air conditioning system modifications or replacements;

(5) Caulking and weatherstripping;

(6) Replacement or modification of lighting fixtures to increase the energy efficiency of the system without increasing the overall illumination of a facility, unless such increase in illumination is necessary to conform to the applicable state or local building code for the proposed lighting system;

(7) Energy recovery systems;

(8) Cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings;

(9) Any other modification, installation, or remodeling approved by the department of education as an energy conservation measure.

(B) A board of education of a city, exempted village, local, or joint vocational school district may enter into an installment payment contract for the purchase and installation of energy conservation measures. The provisions of such installment payment contracts dealing with interest charges and financing terms shall not be subject to the competitive bidding requirements of section 3313.46 of the Revised Code, and shall be on the following terms:

(1) Not less than one-tenth ONE-FIFTEENTH of the costs thereof shall be paid within two years from the date of purchase.

(2) The remaining balance of the costs thereof shall be paid within ten FIFTEEN years from the date of purchase.

An installment payment contract entered into by a board of education under this section shall require the board to contract in accordance with division (A) of section 3313.46 of the Revised Code for the installation, modification, or remodeling of energy conservation measures unless division (A) of section 3313.46 of the Revised Code does not apply pursuant to division (B)(3) of that section.

(C) The board may issue the notes of the school district signed by the president and the treasurer of the board and specifying the terms of the purchase and securing the deferred payments provided in this section, payable at the times provided and bearing interest at a rate not exceeding the rate determined as provided in section 9.95 of the Revised Code. The notes may contain an option for prepayment and shall not be subject to Chapter 133. of the Revised Code. In the resolution authorizing the notes, the board may provide, without the vote of the electors of the district, for annually levying and collecting taxes in amounts sufficient to pay the interest on and retire the notes, except that the total net indebtedness of the district without a vote of the electors incurred under this and all other sections of the Revised Code shall not exceed one per cent of the district's tax valuation. Revenues derived from local taxes or otherwise, for the purpose of conserving energy or for defraying the current operating expenses of the district, may be applied to the payment of interest and the retirement of such notes. The notes may be sold at private sale or given to the contractor under the installment payment contract authorized by division (B) of this section.

(D) Debt incurred under this section shall not be included in the calculation of the net indebtedness of a school district under section 133.06 of the Revised Code.

(E) No school district board shall enter into an installment payment contract under division (B) of this section unless it first obtains a report of the costs of the energy conservation measures and the savings thereof as described under division (G) of section 133.06 of the Revised Code as a requirement for issuing energy securities, makes a finding that the amount spent on such measures is not likely to exceed the amount of money it would save in energy costs and resultant operational and maintenance costs as described in that division, EXCEPT THAT THAT FINDING SHALL COVER THE ENSUING FIFTEEN YEARS, and the department of education determines that the district board's findings are reasonable and approves the contract as described in that division.

The district board shall monitor the savings and maintain a report of those savings, which shall be available to the department in the same manner as required by division (G) of section 133.06 of the Revised Code in the case of energy securities.

Sec. 3313.535. (A) AS USED IN THIS SECTION, "INTERSCHOLASTIC EXTRACURRICULAR ACTIVITY" MEANS A PUPIL ACTIVITY PROGRAM THAT A SCHOOL OR SCHOOL DISTRICT SPONSORS OR PARTICIPATES IN AND THAT INCLUDES PARTICIPANTS FROM MORE THAN ONE SCHOOL OR SCHOOL DISTRICT. "INTERSCHOLASTIC EXTRACURRICULAR ACTIVITY" DOES NOT INCLUDE ANY ACTIVITY INCLUDED IN THE SCHOOL DISTRICT'S GRADED COURSE OF STUDY.

(B) NOT LATER THAN JULY 1, 1998, THE BOARD OF EDUCATION OF EACH CITY, LOCAL, EXEMPTED VILLAGE, AND JOINT VOCATIONAL SCHOOL DISTRICT SHALL ADOPT RULES REQUIRING STUDENTS IN GRADES SEVEN TO TWELVE TO ATTAIN A MINIMUM GRADE POINT AVERAGE, TO BE ESTABLISHED BY THE BOARD, AS A CONDITION FOR SUCH STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES.

(C) NOT LATER THAN JULY 1, 1998, THE BOARD OF EDUCATION SHALL ADOPT A POLICY EITHER PROHIBITING ANY STUDENT FROM PARTICIPATING IN ANY INTERSCHOLASTIC EXTRACURRICULAR ACTIVITY, OR ALLOWING ANY STUDENT TO SO PARTICIPATE, IF THE STUDENT HAS RECEIVED A FAILING GRADE FOR ANY CLASS OR COURSE IN THE SCHOOL DISTRICT'S GRADED COURSE OF STUDY FOR THE PREVIOUS GRADING PERIOD.

(D) A BOARD ALSO MAY ADOPT RULES THAT INCLUDE ADDITIONAL STANDARDS FOR DETERMINING THE ELIGIBILITY OF STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES, REQUIREMENTS FOR ATTAINING REELIGIBILITY IN INTERSCHOLASTIC EXTRACURRICULAR ACTIVITIES, AND AN EXEMPTION FOR ANY STUDENT WHOSE INDIVIDUALIZED EDUCATION PROGRAM PREPARED PURSUANT TO SECTION 3323.08 OF THE REVISED CODE INDICATES AN EXEMPTION WOULD BE ADVISABLE.

Sec. 3313.613. NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED CODE, THE BOARD OF EDUCATION OF ANY CITY, EXEMPTED VILLAGE, OR LOCAL SCHOOL DISTRICT THAT OPERATES A HIGH SCHOOL SHALL AWARD HIGH SCHOOL CREDIT FOR A COURSE SUCCESSFULLY COMPLETED OUTSIDE OF REGULAR SCHOOL HOURS BY A STUDENT AT AN ACCREDITED POST-SECONDARY INSTITUTION. SUCH COURSE MAY EITHER BE FREE OF CHARGE OR PAID FOR BY THE PARENT, GUARDIAN, OR CUSTODIAN OF THE STUDENT. HIGH SCHOOL CREDIT AWARDED FOR A COURSE SUCCESSFULLY COMPLETED UNDER THIS SECTION SHALL COUNT TOWARD THE GRADUATION REQUIREMENTS AND SUBJECT AREA REQUIREMENTS OF THE SCHOOL DISTRICT. IF A COURSE COMPARABLE TO THE COURSE SUCCESSFULLY COMPLETED UNDER THIS SECTION IS OFFERED BY THE SCHOOL DISTRICT, THE DISTRICT BOARD SHALL AWARD COMPARABLE CREDIT FOR THE COMPLETED EQUIVALENT COURSE. IF NO COMPARABLE COURSE IS OFFERED BY THE SCHOOL DISTRICT, THE DISTRICT BOARD SHALL GRANT TO THE STUDENT AN APPROPRIATE NUMBER OF CREDITS IN A SIMILAR SUBJECT AREA.

Sec. 3313.844. THE GOVERNING AUTHORITY OF A COMMUNITY SCHOOL ESTABLISHED UNDER CHAPTER 3314. OF THE REVISED CODE AND THE GOVERNING BOARD OF AN EDUCATIONAL SERVICE CENTER MAY ENTER INTO AN AGREEMENT, THROUGH ADOPTION OF IDENTICAL RESOLUTIONS, UNDER WHICH THE SERVICE CENTER BOARD WILL PROVIDE SERVICES TO THE COMMUNITY SCHOOL. SERVICES PROVIDED UNDER THE AGREEMENT AND THE AMOUNT AND MANNER IN WHICH THE COMMUNITY SCHOOL BOARD WILL PAY FOR SUCH SERVICES SHALL BE MUTUALLY AGREED TO BY THE SCHOOL'S GOVERNING BOARD AND THE SERVICE CENTER BOARD, AND SHALL BE SPECIFIED IN THE SERVICE AGREEMENT.

Sec. 3313.871. (A) By a majority vote of its members, a board of education may appropriate from the general fund an amount sufficient to pay annual membership dues and service fees to one or more accrediting associations that have the purpose of improving education. Such annual membership dues and service fees shall not exceed in the aggregate four FIVE hundred dollars per public school evaluated for accreditation in the district.

(B) In addition to the expenditures authorized under division (A) of this section, a board of education may pay the necessary and proper expenses associated with accreditation activities and school evaluations. A board of education may pay an employee his THE EMPLOYEE'S regular salary during his THE EMPLOYEE'S service as an evaluator of a school in another school district.

Sec. 3313.975. (A) AS USED IN THIS SECTION AND IN SECTIONS 3313.975 TO 3313.979 of the Revised Code, "THE PILOT PROJECT SCHOOL DISTRICT" OR "THE DISTRICT" MEANS ANY SCHOOL DISTRICT INCLUDED IN THE PILOT PROJECT SCHOLARSHIP PROGRAM PURSUANT TO THIS SECTION.

(A) The superintendent of public instruction shall establish a pilot project scholarship program in one AND SHALL INCLUDE IN SUCH PROGRAM ANY school district DISTRICTS that, as of March 1995, was ARE OR HAVE EVER BEEN under a federal court order requiring supervision and operational management of the district by the state superintendent. The program shall provide for a number of students residing in ANY such district to receive scholarships to attend alternative schools, and for an equal number of students to receive tutorial assistance grants while attending public school in ANY such district.

(B) The state superintendent shall establish an application process and deadline for accepting applications from students residing in the district to participate in the scholarship program. In the initial year of the program students may only use a scholarship to attend school in grades kindergarten through third.

The state superintendent shall award as many scholarships and tutorial assistance grants as can be funded given the amount appropriated for the program. In no case, however, shall more than fifty per cent of all scholarships awarded be used by students who were enrolled in a nonpublic school during the school year of application for a scholarship.

(C)(1) The pilot project program shall continue in effect each year that the general assembly has appropriated sufficient money to fund scholarships and tutorial assistance grants. In each year the program continues, no new students may receive scholarships unless they are enrolled in grade kindergarten, one, two, or three. However, any student who has received a scholarship the preceding year may continue to receive one until he THE STUDENT has completed grade eight.

(2) If the general assembly discontinues the scholarship program, all students who are attending an alternative school under the pilot project shall be entitled to continued admittance to that specific school through all grades up to the eighth grade that are provided in such school, under the same conditions as when they were participating in the pilot project. The state superintendent shall continue to make scholarship payments in accordance with division (A) or (B) of section 3313.979 of the Revised Code for students who remain enrolled in an alternative school under this provision in any year that funds have been appropriated for this purpose.

If funds are not appropriated, the tuition charged to the parents of a student who remains enrolled in an alternative school under this provision shall not be increased beyond the amount equal to the amount of the scholarship plus any additional amount charged that student's parent in the most recent year of attendance as a participant in the pilot project, except that tuition for all the students enrolled in such school may be increased by the same percentage.

(D) Notwithstanding sections 124.39, 3307.35, and 3319.17 of the Revised Code, if the pilot project school district experiences a decrease in enrollment due to participation in a state-sponsored scholarship program pursuant to sections 3313.974 to 3313.979 of the Revised Code, the district board of education may enter into an agreement with any teacher it employs to provide to that teacher severance pay or early retirement incentives, or both, if the teacher agrees to terminate the employment contract with the district board, provided any collective bargaining agreement in force pursuant to Chapter 4117. of the Revised Code does not prohibit such an agreement for termination of a teacher's employment contract.

(E) The state superintendent shall make a grant to the pilot project school district sufficient to defray one hundred per cent of the additional costs to the district of providing transportation to and from the alternative school for all students utilizing a scholarship to attend an alternative school.

Sec. 3314.01. (A) A BOARD OF EDUCATION MAY PERMIT ALL OR PART OF ANY OF THE SCHOOLS UNDER ITS CONTROL, UPON REQUEST OF A PROPOSING PERSON OR GROUP AND PROVIDED THE PERSON OR GROUP MEETS THE REQUIREMENTS OF THIS CHAPTER, TO BECOME A COMMUNITY SCHOOL.

(B) A COMMUNITY SCHOOL CREATED UNDER THIS CHAPTER IS A PUBLIC SCHOOL, INDEPENDENT OF ANY SCHOOL DISTRICT, AND IS PART OF THE STATE'S PROGRAM OF EDUCATION. A COMMUNITY SCHOOL MAY SUE AND BE SUED, ACQUIRE FACILITIES AS NEEDED, CONTRACT FOR ANY SERVICES NECESSARY FOR THE OPERATION OF THE SCHOOL, AND ENTER INTO CONTRACTS WITH A SPONSOR PURSUANT TO THIS CHAPTER. THE GOVERNING AUTHORITY OF A COMMUNITY SCHOOL MAY CARRY OUT ANY ACT AND ENSURE THE PERFORMANCE OF ANY FUNCTION THAT IS IN COMPLIANCE WITH THE OHIO CONSTITUTION, THIS CHAPTER, OTHER STATUTES APPLICABLE TO COMMUNITY SCHOOLS, AND THE CONTRACT ENTERED INTO UNDER THIS CHAPTER ESTABLISHING THE SCHOOL.

Sec. 3314.02. (A) AS USED IN THIS CHAPTER, "SPONSOR" MEANS THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT IN WHICH A PROPOSED COMMUNITY SCHOOL IS LOCATED AND WITH WHICH THE GOVERNING AUTHORITY OF THE PROPOSED COMMUNITY SCHOOL ENTERS INTO A CONTRACT PURSUANT TO THIS SECTION.

(B) PRIOR TO JULY 1, 2002, ANY PERSON OR GROUP OF INDIVIDUALS MAY INITIALLY PROPOSE UNDER THIS DIVISION THE CONVERSION OF ALL OR A PORTION OF A PUBLIC SCHOOL TO A COMMUNITY SCHOOL. THE PROPOSAL SHALL BE MADE TO THE BOARD OF EDUCATION OF A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT IN WHICH THE PUBLIC SCHOOL IS PROPOSED TO BE CONVERTED. UPON RECEIPT OF A PROPOSAL, A BOARD MAY ENTER INTO A PRELIMINARY AGREEMENT WITH THE PERSON OR GROUP PROPOSING THE CONVERSION OF THE PUBLIC SCHOOL, INDICATING THE INTENTION OF THE BOARD OF EDUCATION TO SUPPORT THE CONVERSION TO A COMMUNITY SCHOOL. A PROPOSING PERSON OR GROUP THAT HAS A PRELIMINARY AGREEMENT UNDER THIS DIVISION MAY PROCEED TO FINALIZE PLANS FOR THE SCHOOL, ESTABLISH A GOVERNING AUTHORITY FOR THE SCHOOL, AND NEGOTIATE A CONTRACT WITH THE BOARD OF EDUCATION. PROVIDED THE PROPOSING PERSON OR GROUP ADHERES TO THE PRELIMINARY AGREEMENT AND ALL PROVISIONS OF THIS CHAPTER, THE BOARD OF EDUCATION SHALL NEGOTIATE IN GOOD FAITH TO ENTER INTO A CONTRACT IN ACCORDANCE WITH SECTION 3314.03 of the Revised Code AND DIVISION (C) OF THIS SECTION.

(C) A MAJORITY VOTE OF A SPONSORING SCHOOL DISTRICT BOARD AND A MAJORITY VOTE OF THE MEMBERS OF THE GOVERNING AUTHORITY OF A COMMUNITY SCHOOL SHALL BE REQUIRED TO ADOPT A CONTRACT AND CONVERT THE PUBLIC SCHOOL TO A COMMUNITY SCHOOL. AN UNLIMITED NUMBER OF COMMUNITY SCHOOLS MAY BE ESTABLISHED IN ANY SCHOOL DISTRICT PROVIDED THAT A CONTRACT IS ENTERED INTO FOR EACH COMMUNITY SCHOOL PURSUANT TO THIS CHAPTER.

Sec. 3314.03. (A) EACH CONTRACT ENTERED INTO UNDER SECTION 3314.02 of the Revised Code BETWEEN A SPONSOR AND THE GOVERNING AUTHORITY OF A COMMUNITY SCHOOL SHALL SPECIFY THE FOLLOWING:

(1) THAT THE SCHOOL SHALL BE ESTABLISHED AS A NONPROFIT CORPORATION ESTABLISHED UNDER CHAPTER 1702. OF THE REVISED CODE;

(2) THE EDUCATION PROGRAM OF THE SCHOOL, INCLUDING THE SCHOOL'S MISSION, THE CHARACTERISTICS OF THE STUDENTS THE SCHOOL IS EXPECTED TO ATTRACT, THE AGES AND GRADES OF STUDENTS, AND THE FOCUS OF THE CURRICULUM;

(3) THE ACADEMIC GOALS TO BE ACHIEVED AND THE METHOD OF MEASUREMENT THAT WILL BE USED TO DETERMINE PROGRESS TOWARD THOSE GOALS, WHICH SHALL INCLUDE THE STATEWIDE PROFICIENCY TESTS;

(4) PERFORMANCE STANDARDS BY WHICH THE SUCCESS OF THE SCHOOL WILL BE EVALUATED BY THE SPONSOR;

(5) THE ADMISSION STANDARDS OF SECTION 3314.06 OF THE REVISED CODE;

(6) DISMISSAL PROCEDURES;

(7) THE WAYS BY WHICH THE SCHOOL WILL ACHIEVE RACIAL AND ETHNIC BALANCE REFLECTIVE OF THE COMMUNITY IT SERVES;

(8) REQUIREMENTS AND PROCEDURES FOR PROGRAM AND FINANCIAL AUDITS, INCLUDING AUDITS BY THE AUDITOR OF STATE AND THE DEPARTMENT OF EDUCATION. THE CONTRACT SHALL REQUIRE FINANCIAL RECORDS OF THE SCHOOL TO BE MAINTAINED IN THE SAME MANNER AS ARE FINANCIAL RECORDS OF SCHOOL DISTRICTS, PURSUANT TO RULES OF THE AUDITOR OF STATE.

(9) THE FACILITY TO BE USED AND ITS LOCATION;

(10) QUALIFICATIONS OF TEACHERS, INCLUDING A REQUIREMENT THAT THE SCHOOL'S CLASSROOM TEACHERS BE LICENSED IN ACCORDANCE WITH SECTIONS 3319.22 TO 3319.31 of the Revised Code, EXCEPT THAT A COMMUNITY SCHOOL MAY ENGAGE NONCERTIFICATED PERSONS TO TEACH UP TO TWELVE HOURS PER WEEK PURSUANT TO SECTION 3319.301 of the Revised Code;

(11) THAT THE SCHOOL WILL COMPLY WITH THE FOLLOWING REQUIREMENTS:

(a) THE SCHOOL WILL PROVIDE LEARNING OPPORTUNITIES TO A MINIMUM OF TWENTY-FIVE STUDENTS FOR A MINIMUM OF NINE HUNDRED TWENTY HOURS PER SCHOOL YEAR;

(b) THE GOVERNING AUTHORITY WILL PURCHASE LIABILITY INSURANCE, OR OTHERWISE PROVIDE FOR THE POTENTIAL LIABILITY OF THE SCHOOL;

(c) THE SCHOOL WILL BE NONSECTARIAN IN ITS PROGRAMS, ADMISSION POLICIES, EMPLOYMENT PRACTICES, AND ALL OTHER OPERATIONS, AND WILL NOT BE OPERATED BY A SECTARIAN SCHOOL OR RELIGIOUS INSTITUTION;

(d) THE SCHOOL WILL COMPLY WITH SECTIONS 9.90, 9.91, 109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17, AND 4113.52 AND CHAPTERS 117., 1347., 2744., 4112., 4123., 4141., AND 4167. OF THE REVISED CODE AS IF IT WERE A SCHOOL DISTRICT;

(e) THE SCHOOL SHALL COMPLY WITH CHAPTER 102. OF THE REVISED CODE EXCEPT THAT NOTHING IN THAT CHAPTER SHALL PROHIBIT A MEMBER OF THE SCHOOL'S GOVERNING BOARD FROM ALSO BEING AN EMPLOYEE OF THE SCHOOL AND NOTHING IN THAT CHAPTER OR SECTION 2921.42 OF THE REVISED CODE SHALL PROHIBIT A MEMBER OF THE SCHOOL'S GOVERNING BOARD FROM HAVING AN INTEREST IN A CONTRACT INTO WHICH THE GOVERNING BOARD ENTERS;

(f) THE SCHOOL WILL COMPLY WITH SECTIONS 3313.61 AND 3313.611 OF THE REVISED CODE, EXCEPT THAT THE REQUIREMENT IN THOSE SECTIONS THAT A PERSON MUST SUCCESSFULLY COMPLETE THE CURRICULUM IN ANY HIGH SCHOOL PRIOR TO RECEIVING A HIGH SCHOOL DIPLOMA MAY BE MET BY COMPLETING THE CURRICULUM ADOPTED BY THE GOVERNING AUTHORITY OF THE COMMUNITY SCHOOL RATHER THAN THE CURRICULUM SPECIFIED IN TITLE XXXIII OF THE REVISED CODE OR ANY RULES OF THE STATE BOARD OF EDUCATION;

(g) THE SCHOOL GOVERNING AUTHORITY WILL SUBMIT AN ANNUAL REPORT OF ITS ACTIVITIES AND PROGRESS IN MEETING THE GOALS AND STANDARDS OF DIVISIONS (A)(3) AND (4) OF THIS SECTION AND ITS FINANCIAL STATUS TO THE SPONSOR AND TO THE PARENTS OF ALL STUDENTS ENROLLED IN THE SCHOOL.

(12) ARRANGEMENTS FOR PROVIDING HEALTH AND OTHER BENEFITS TO EMPLOYEES;

(13) THE LENGTH OF THE CONTRACT, WHICH SHALL NOT EXCEED THREE YEARS;

(14) THE GOVERNING AUTHORITY OF THE SCHOOL, WHICH SHALL BE RESPONSIBLE FOR CARRYING OUT THE PROVISIONS OF THE CONTRACT;

(15) A FINANCIAL PLAN DETAILING AN ESTIMATED SCHOOL BUDGET FOR EACH YEAR OF THE PERIOD OF THE CONTRACT AND SPECIFYING THE TOTAL ESTIMATED PER PUPIL EXPENDITURE AMOUNT FOR EACH SUCH YEAR. THE PLAN SHALL SPECIFY FOR EACH YEAR THE BASE FORMULA AMOUNT THAT WILL BE USED FOR PURPOSES OF FUNDING CALCULATIONS UNDER SECTION 3314.08 of the Revised Code. THIS BASE FORMULA AMOUNT FOR ANY YEAR SHALL NOT EXCEED THE DOLLAR FORMULA AMOUNT SPECIFIED FOR THE YEAR UNDER SECTION 3317.022 of the Revised Code. THE PLAN MAY ALSO SPECIFY FOR ANY YEAR A PERCENTAGE FIGURE TO BE USED FOR REDUCING THE PER PUPIL AMOUNT OF DISADVANTAGED PUPIL IMPACT AID THE SCHOOL IS TO RECEIVE THAT YEAR UNDER SECTION 3314.08 OF THE REVISED CODE.

(16) REQUIREMENTS AND PROCEDURES REGARDING THE DISPOSITION OF EMPLOYEES OF THE SCHOOL IN THE EVENT THE CONTRACT IS TERMINATED OR NOT RENEWED PURSUANT TO SECTION 3314.07 OF THE REVISED CODE;

(17) SPECIFICATION OF ANY DUTIES OR RESPONSIBILITIES OF AN EMPLOYER THAT THE BOARD OF EDUCATION THAT OPERATED THE SCHOOL BEFORE CONVERSION IS DELEGATING TO THE GOVERNING BOARD OF THE COMMUNITY SCHOOL WITH RESPECT TO ALL OR ANY SPECIFIED GROUP OF EMPLOYEES PROVIDED THE DELEGATION IS NOT PROHIBITED BY A COLLECTIVE BARGAINING AGREEMENT APPLICABLE TO SUCH EMPLOYEES.

(B) THE COMMUNITY SCHOOL SHALL ALSO SUBMIT TO THE SPONSOR A COMPREHENSIVE PLAN FOR THE SCHOOL. THE PLAN SHALL SPECIFY THE FOLLOWING:

(1) THE PROCESS BY WHICH THE GOVERNING AUTHORITY OF THE SCHOOL WILL BE SELECTED IN THE FUTURE;

(2) THE MANAGEMENT AND ADMINISTRATION OF THE SCHOOL;

(3) ALTERNATIVE ARRANGEMENTS FOR CURRENT PUBLIC SCHOOL STUDENTS WHO CHOOSE NOT TO ATTEND THE SCHOOL AND TEACHERS WHO CHOOSE NOT TO TEACH IN THE SCHOOL AFTER CONVERSION;

(4) THE INSTRUCTIONAL PROGRAM AND EDUCATIONAL PHILOSOPHY OF THE SCHOOL;

(5) INTERNAL FINANCIAL CONTROLS.

Sec. 3314.04. EXCEPT AS OTHERWISE SPECIFIED IN THIS CHAPTER AND IN THE CONTRACT BETWEEN A COMMUNITY SCHOOL AND A SPONSOR, SUCH SCHOOL IS EXEMPT FROM ALL STATE LAWS AND RULES PERTAINING TO SCHOOLS, SCHOOL DISTRICTS, AND BOARDS OF EDUCATION, EXCEPT THOSE LAWS AND RULES THAT GRANT CERTAIN RIGHTS TO PARENTS.

Sec. 3314.05. THE CONTRACT BETWEEN THE COMMUNITY SCHOOL AND THE SPONSOR SHALL SPECIFY THE FACILITY TO BE USED FOR THE COMMUNITY SCHOOL. ANY FACILITY USED FOR A COMMUNITY SCHOOL SHALL MEET ALL HEALTH AND SAFETY STANDARDS ESTABLISHED BY LAW FOR SCHOOL BUILDINGS.

IN THE CASE WHERE A COMMUNITY SCHOOL IS PROPOSED TO BE LOCATED IN A FACILITY OWNED BY A SCHOOL DISTRICT OR EDUCATIONAL SERVICE CENTER, THE FACILITY MAY NOT BE USED FOR SUCH COMMUNITY SCHOOL UNLESS THE DISTRICT OR SERVICE CENTER BOARD OWNING THE FACILITY ENTERS INTO AN AGREEMENT FOR THE COMMUNITY SCHOOL TO UTILIZE THE FACILITY. USE OF THE FACILITY MAY BE UNDER ANY TERMS AND CONDITIONS AGREED TO BY THE DISTRICT OR SERVICE CENTER BOARD AND THE SCHOOL.

Sec. 3314.06. THE GOVERNING AUTHORITY OF EACH COMMUNITY SCHOOL ESTABLISHED UNDER THIS CHAPTER SHALL ADOPT ADMISSION PROCEDURES THAT SPECIFY THE FOLLOWING:

(A) THAT EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ADMISSION TO THE SCHOOL SHALL BE OPEN ONLY TO ANY INDIVIDUAL AGE FIVE TO TWENTY-TWO ENTITLED TO ATTEND SCHOOL PURSUANT TO SECTION 3313.64 OR 3313.65 of the Revised Code IN THE SCHOOL DISTRICT IN WHICH THE SCHOOL IS LOCATED OR WHO WAS ENROLLED IN THE CONVERTED SCHOOL DURING THE SCHOOL YEAR PRECEDING THE YEAR OF ITS CONVERSION TO A COMMUNITY SCHOOL.

(B) THAT ADMISSION TO THE SCHOOL MAY BE LIMITED TO STUDENTS WHO HAVE ATTAINED A SPECIFIC GRADE LEVEL OR ARE WITHIN A SPECIFIC AGE GROUP; TO STUDENTS THAT MEET A DEFINITION OF "AT-RISK," AS DEFINED IN THE CONTRACT; OR TO RESIDENTS OF A SPECIFIC GEOGRAPHIC AREA, AS DEFINED IN THE CONTRACT, THAT IS WITHIN THE SCHOOL DISTRICT IN WHICH THE SCHOOL IS LOCATED.

(C) THAT THERE WILL BE NO DISCRIMINATION IN THE ADMISSION OF STUDENTS TO THE SCHOOL ON THE BASIS OF RACE, CREED, COLOR, HANDICAPPING CONDITION, OR SEX; AND THAT, UPON ADMISSION OF ANY HANDICAPPED STUDENT, THE COMMUNITY SCHOOL WILL COMPLY WITH ALL FEDERAL AND STATE LAWS REGARDING THE EDUCATION OF HANDICAPPED STUDENTS.

(D) THAT THE SCHOOL MAY NOT LIMIT ADMISSION TO STUDENTS ON THE BASIS OF INTELLECTUAL ABILITY, MEASURES OF ACHIEVEMENT OR APTITUDE, OR ATHLETIC ABILITY.

(E) THAT THE COMMUNITY SCHOOL WILL ADMIT THE NUMBER OF STUDENTS THAT DOES NOT EXCEED THE CAPACITY OF THE SCHOOL'S PROGRAMS, CLASSES, GRADE LEVELS, OR FACILITIES.

(F) THAT, EXCEPT AS OTHERWISE PROVIDED UNDER DIVISION (B) OF THIS SECTION, IF THE NUMBER OF APPLICANTS EXCEEDS THE CAPACITY RESTRICTIONS OF DIVISION (E) OF THIS SECTION, STUDENTS SHALL BE ADMITTED BY LOT FROM ALL THOSE SUBMITTING APPLICATIONS, EXCEPT PREFERENCE SHALL BE GIVEN TO STUDENTS ATTENDING THE SCHOOL THE PREVIOUS YEAR AND MAY BE GIVEN TO SIBLINGS OF SUCH STUDENTS.

NOTWITHSTANDING DIVISIONS (A) THROUGH (F) OF THIS SECTION, IN THE EVENT THE RACIAL COMPOSITION OF THE ENROLLMENT OF THE COMMUNITY SCHOOL IS VIOLATIVE OF A FEDERAL DESEGREGATION ORDER, THE COMMUNITY SCHOOL SHALL TAKE ANY AND ALL CORRECTIVE MEASURES TO COMPLY WITH THE DESEGREGATION ORDER.

Sec. 3314.07. (A) THE EXPIRATION OF THE CONTRACT FOR A COMMUNITY SCHOOL BETWEEN A SPONSOR AND A SCHOOL SHALL BE THE DATE PROVIDED IN THE CONTRACT. A SUCCESSOR CONTRACT MAY BE ENTERED INTO UNLESS THE CONTRACT IS TERMINATED OR NOT RENEWED PURSUANT TO THIS SECTION.

(B)(1) A SPONSOR MAY CHOOSE NOT TO RENEW A CONTRACT AT ITS EXPIRATION OR MAY CHOOSE TO TERMINATE A CONTRACT PRIOR TO ITS EXPIRATION FOR ANY OF THE FOLLOWING REASONS:

(a) FAILURE TO MEET STUDENT PERFORMANCE REQUIREMENTS STATED IN THE CONTRACT;

(b) FAILURE TO MEET GENERALLY ACCEPTED STANDARDS OF FISCAL MANAGEMENT;

(c) VIOLATION OF ANY PROVISION OF THE CONTRACT OR APPLICABLE STATE OR FEDERAL LAW;

(d) OTHER GOOD CAUSE.

A TERMINATION SHALL BE EFFECTIVE ONLY AT THE CONCLUSION OF A SCHOOL YEAR.

(2) AT LEAST SIXTY DAYS PRIOR TO THE TERMINATION OR NONRENEWAL OF A CONTRACT, THE SPONSOR SHALL NOTIFY THE SCHOOL OF THE PROPOSED ACTION IN WRITING. THE NOTICE SHALL INCLUDE THE REASONS FOR THE PROPOSED ACTION IN DETAIL AND THAT THE SCHOOL MAY, WITHIN FOURTEEN DAYS OF RECEIVING THE NOTICE, REQUEST AN INFORMAL HEARING BEFORE THE SPONSOR. SUCH REQUEST MUST BE IN WRITING.

(3) A DECISION BY THE SPONSOR TO TERMINATE A CONTRACT MAY BE APPEALED TO THE STATE BOARD OF EDUCATION. THE DECISION BY THE STATE BOARD PERTAINING TO AN APPEAL UNDER THIS DIVISION IS FINAL.

(C) A CHILD ATTENDING A COMMUNITY SCHOOL WHOSE CONTRACT HAS BEEN TERMINATED OR NONRENEWED OR THAT CLOSES FOR ANY REASON SHALL BE ADMITTED TO THE SCHOOLS OF THE DISTRICT IN WHICH THE CHILD IS ENTITLED TO ATTEND UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE. ANY DEADLINES ESTABLISHED FOR THE PURPOSE OF ADMITTING STUDENTS UNDER SECTION 3313.97 OR 3313.98 SHALL BE WAIVED FOR STUDENTS TO WHOM THIS DIVISION PERTAINS.

(D) A SPONSOR OF A COMMUNITY SCHOOL AND THE OFFICERS, DIRECTORS, OR EMPLOYEES OF SUCH A SPONSOR ARE NOT LIABLE IN DAMAGES IN A TORT OR OTHER CIVIL ACTION FOR HARM ALLEGEDLY ARISING FROM EITHER OF THE FOLLOWING:

(1) A FAILURE OF THE COMMUNITY SCHOOL OR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES TO PERFORM ANY STATUTORY OR COMMON LAW DUTY OR RESPONSIBILITY OR ANY OTHER LEGAL OBLIGATION;

(2) AN ACTION OR OMISSION OF THE COMMUNITY SCHOOL OR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES THAT RESULTS IN HARM.

(E) AS USED IN THIS SECTION:

(1) "HARM" MEANS INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY.

(2) "TORT ACTION" MEANS A CIVIL ACTION FOR DAMAGES FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY OTHER THAN A CIVIL ACTION FOR DAMAGES FOR A BREACH OF CONTRACT OR ANOTHER AGREEMENT BETWEEN PERSONS.

Sec. 3314.08. (A) AS USED IN THIS SECTION:

(1) "BASE FORMULA AMOUNT" MEANS THE AMOUNT SPECIFIED AS SUCH IN A COMMUNITY SCHOOL'S FINANCIAL PLAN FOR A SCHOOL YEAR PURSUANT TO DIVISION (A)(15) OF SECTION 3314.03 OF THE REVISED CODE.

(2) "COST-OF-DOING-BUSINESS FACTOR" HAS THE SAME MEANING AS IN DIVISION (E) OF SECTION 3317.02 OF THE REVISED CODE.

(3) "IEP" MEANS AN INDIVIDUALIZED EDUCATION PROGRAM DEFINED BY DIVISION (E) OF SECTION 3323.01 OF THE REVISED CODE.

(4) "ACTUAL COST" MEANS THE ACTUAL COST OF PROVIDING SPECIAL EDUCATION AND RELATED SERVICES TO A SPECIAL EDUCATION STUDENT PURSUANT TO AN IEP IN THE SCHOOL DISTRICT WHERE THAT STUDENT IS ENTITLED TO ATTEND SCHOOL PURSUANT TO SECTIONS 3313.64 AND 3313.65 OF THE REVISED CODE, AS CALCULATED IN A MANNER ACCEPTABLE TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

(5) "DPIA REDUCTION FACTOR" MEANS THE PERCENTAGE FIGURE, IF ANY, SPECIFIED FOR REDUCING THE PER PUPIL AMOUNT OF DISADVANTAGED PUPIL IMPACT AID A COMMUNITY SCHOOL IS TO RECEIVE IN ANY YEAR AS SPECIFIED IN THE SCHOOL'S FINANCIAL PLAN FOR THE YEAR PURSUANT TO DIVISION (A)(15) OF SECTION 3314.03 OF THE REVISED CODE.

(B) THE STATE BOARD OF EDUCATION SHALL ADOPT RULES REQUIRING BOTH OF THE FOLLOWING:

(1) THE BOARD OF EDUCATION OF EACH CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICT TO ANNUALLY REPORT THE NUMBER OF STUDENTS ENTITLED TO ATTEND SCHOOL IN THE DISTRICT PURSUANT TO SECTION 3313.64 OR 3313.65 OF THE REVISED CODE WHO ARE ENROLLED IN A COMMUNITY SCHOOL ESTABLISHED UNDER THIS CHAPTER AND FOR EACH CHILD THE COMMUNITY SCHOOL IN WHICH THE CHILD IS ENROLLED. IN ADDITION, FOR EACH SUCH CHILD RECEIVING SPECIAL EDUCATION AND RELATED SERVICES IN A COMMUNITY SCHOOL PURSUANT TO AN IEP THE BOARD SHALL REPORT THE ACTUAL COST FOR SUCH CHILD AND, IF THE DISTRICT RECEIVES DISADVANTAGED PUPIL IMPACT AID PURSUANT TO SECTION 3317.023 of the Revised Code, IT SHALL REPORT THE AMOUNT RECEIVED FOR EACH SUCH CHILD.

(2) THE GOVERNING AUTHORITY OF EACH COMMUNITY SCHOOL ESTABLISHED UNDER THIS CHAPTER TO ANNUALLY REPORT THE NUMBER OF STUDENTS ENROLLED IN THE SCHOOL WHO ARE NOT RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP, THE NUMBER OF ENROLLED STUDENTS WHO ARE RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP AND THE NUMBER OF SUCH STUDENTS COUNTED IN A UNIT APPROVED BY THE STATE BOARD OF EDUCATION AND FUNDED UNDER DIVISION (N) OF SECTION 3317.024 OF THE REVISED CODE, THE COMMUNITY SCHOOL'S BASE FORMULA AMOUNT, AND THE CITY, EXEMPTED VILLAGE, OR LOCAL SCHOOL DISTRICT IN WHICH THE SCHOOL IS LOCATED. EACH GOVERNING AUTHORITY SHALL ALSO REPORT ANY DPIA REDUCTION FACTOR THAT APPLIES TO A SCHOOL YEAR.

(C) FROM THE PAYMENTS MADE TO A CITY, EXEMPTED VILLAGE, OR LOCAL SCHOOL DISTRICT UNDER CHAPTER 3317. AND, IF NECESSARY, SECTIONS 321.14 AND 323.156 OF THE REVISED CODE, THE DEPARTMENT OF EDUCATION SHALL ANNUALLY SUBTRACT ALL OF THE FOLLOWING:

(1) AN AMOUNT EQUAL TO THE SUM OF THE AMOUNTS OBTAINED WHEN, FOR EACH COMMUNITY SCHOOL WHERE THE DISTRICT'S STUDENTS ARE ENROLLED, THE NUMBER OF THE DISTRICT'S STUDENTS REPORTED UNDER DIVISION (B)(2) OF THIS SECTION WHO ARE ENROLLED IN THAT COMMUNITY SCHOOL AND ARE NOT RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP IS MULTIPLIED BY THE BASE FORMULA AMOUNT OF THAT COMMUNITY SCHOOL AS ADJUSTED BY THE SCHOOL DISTRICT'S COST-OF-DOING-BUSINESS FACTOR.

(2) THE SUM OF THE ACTUAL COSTS FOR ALL DISTRICT STUDENTS REPORTED UNDER DIVISION (B)(2) OF THIS SECTION WHO ARE TO BE RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP IN THEIR RESPECTIVE COMMUNITY SCHOOLS, LESS THE SUM OF THE PRORATED SHARE FOR EACH SUCH STUDENT OF ANY AMOUNTS RECEIVED FROM STATE OR FEDERAL FUNDS TO PROVIDE SPECIAL EDUCATION AND RELATED SERVICES TO STUDENTS IN THE RESPECTIVE COMMUNITY SCHOOLS. THIS PRORATED SHARE OF STATE OR FEDERAL FUNDS RECEIVED FOR EACH SUCH STUDENT SHALL BE DETERMINED ON THE BASIS OF ALL SUCH FUNDS RECEIVED BY A COMMUNITY SCHOOL FOR STUDENTS RECEIVING SIMILAR SERVICES, AS CALCULATED IN A MANNER ACCEPTABLE TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

(3) AN AMOUNT EQUAL TO THE SUM OF THE AMOUNTS OBTAINED WHEN, FOR EACH COMMUNITY SCHOOL WHERE THE DISTRICT'S STUDENTS ARE ENROLLED, THE NUMBER OF THE DISTRICT'S STUDENTS ENROLLED IN THAT COMMUNITY SCHOOL AND RESIDING IN THE DISTRICT IN A FAMILY RECEIVING ASSISTANCE UNDER TITLE IV-A OF THE "SOCIAL SECURITY ACT," 110 STAT. 2113 (1996), 42 U.S.C.A. 601, AS AMENDED IS MULTIPLIED BY THE PER PUPIL AMOUNT OF DISADVANTAGED PUPIL IMPACT AID THE SCHOOL DISTRICT RECEIVES THAT YEAR, AS ADJUSTED BY ANY DPIA REDUCTION FACTOR OF THAT COMMUNITY SCHOOL.

(D) THE DEPARTMENT SHALL ANNUALLY PAY TO A COMMUNITY SCHOOL ESTABLISHED UNDER THIS CHAPTER ALL OF THE FOLLOWING:

(1) AN AMOUNT EQUAL TO THE SUM OF THE AMOUNTS OBTAINED WHEN THE NUMBER OF STUDENTS ENROLLED IN THE SCHOOL AS REPORTED UNDER DIVISION (B)(2) OF THIS SECTION WHO ARE NOT RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP IS MULTIPLIED BY THE COMMUNITY SCHOOL'S BASE FORMULA AMOUNT, AS ADJUSTED BY THE COST-OF-DOING-BUSINESS FACTOR OF THE SCHOOL DISTRICT IN WHICH THE SCHOOL IS LOCATED;

(2) FOR EACH STUDENT ENROLLED IN THE SCHOOL RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP, AN AMOUNT EQUAL TO THE ACTUAL COST FOR SUCH STUDENT, LESS A PRORATED SHARE FOR THE STUDENT OF ANY AMOUNT RECEIVED FROM STATE OR FEDERAL FUNDS TO PROVIDE SPECIAL EDUCATION AND RELATED SERVICES TO STUDENTS IN THE COMMUNITY SCHOOL. THIS PRORATED SHARE SHALL BE DETERMINED AS DESCRIBED UNDER DIVISION (C)(2) OF THIS SECTION.

(3) AN AMOUNT EQUAL TO THE NUMBER OF STUDENTS ENROLLED IN THE COMMUNITY SCHOOL AND RESIDING IN THE SCHOOL DISTRICT IN A FAMILY RECEIVING ASSISTANCE UNDER TITLE IV-A OF THE "SOCIAL SECURITY ACT" IS MULTIPLIED BY THE PER PUPIL AMOUNT OF DISADVANTAGED PUPIL IMPACT AID THAT SCHOOL DISTRICT RECEIVES THAT YEAR, AS ADJUSTED BY ANY DPIA REDUCTION FACTOR OF THE COMMUNITY SCHOOL.

(E) EACH CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICT SHALL COUNT IN ITS ADM CERTIFIED UNDER DIVISION (A)(1) OF SECTION 3317.03 OF THE REVISED CODE, ANY STUDENT ENTITLED TO ATTEND SCHOOL IN THE DISTRICT ENROLLED IN A COMMUNITY SCHOOL, EXCEPT THAT A SCHOOL DISTRICT MAY INSTEAD COUNT A STUDENT ENROLLED IN A COMMUNITY SCHOOL IN ITS ADM CERTIFIED UNDER DIVISION (A)(3) OF THAT SECTION IF THE DISTRICT HAD COUNTED THE STUDENT UNDER DIVISION (A)(3) OF THAT SECTION IMMEDIATELY PRIOR TO THE STUDENT'S ENROLLMENT IN THE COMMUNITY SCHOOL.

(F) A COMMUNITY SCHOOL MAY APPLY TO THE DEPARTMENT OF EDUCATION FOR UNIT FUNDING THE SCHOOL WOULD RECEIVE IF IT WERE A SCHOOL DISTRICT. UPON REQUEST OF ITS GOVERNING AUTHORITY, A COMMUNITY SCHOOL THAT RECEIVED UNIT FUNDING AS A SCHOOL DISTRICT-OPERATED SCHOOL BEFORE IT BECAME A COMMUNITY SCHOOL SHALL RETAIN ANY UNITS AWARDED TO IT AS A SCHOOL DISTRICT-OPERATED SCHOOL PROVIDED THE SCHOOL CONTINUES TO MEET ELIGIBILITY STANDARDS FOR THE UNIT.

A COMMUNITY SCHOOL SHALL BE CONSIDERED A SCHOOL DISTRICT AND ITS GOVERNING AUTHORITY SHALL BE CONSIDERED A BOARD OF EDUCATION FOR THE PURPOSE OF APPLYING TO ANY STATE OR FEDERAL AGENCY FOR GRANTS THAT A SCHOOL DISTRICT MAY RECEIVE UNDER FEDERAL OR STATE LAW OR ANY APPROPRIATIONS ACT OF THE GENERAL ASSEMBLY. THE GOVERNING AUTHORITY OF A COMMUNITY SCHOOL MAY APPLY TO ANY PRIVATE ENTITY FOR ADDITIONAL FUNDS.

(G) A BOARD OF EDUCATION SPONSORING A COMMUNITY SCHOOL MAY UTILIZE LOCAL FUNDS TO MAKE ENHANCEMENT GRANTS TO THE SCHOOL OR MAY AGREE, EITHER AS PART OF THE CONTRACT OR SEPARATELY, TO PROVIDE ANY SPECIFIC SERVICES TO THE COMMUNITY SCHOOL AT NO COST TO THE SCHOOL.

(H) A COMMUNITY SCHOOL MAY NOT LEVY TAXES OR ISSUE BONDS SECURED BY TAX REVENUES.

(I) NO COMMUNITY SCHOOL SHALL CHARGE TUITION FOR THE ENROLLMENT OF ANY STUDENT.

(J) A COMMUNITY SCHOOL MAY BORROW MONEY TO PAY ANY NECESSARY AND ACTUAL EXPENSES OF THE SCHOOL IN ANTICIPATION OF THE RECEIPT OF ANY PORTION OF THE PAYMENTS TO BE RECEIVED BY THE SCHOOL PURSUANT TO DIVISION (D) OF THIS SECTION. THE SCHOOL MAY ISSUE NOTES TO EVIDENCE SUCH BORROWING TO MATURE NO LATER THAN THE END OF THE FISCAL YEAR IN WHICH SUCH MONEY WAS BORROWED. THE PROCEEDS OF THE NOTES SHALL BE USED ONLY FOR THE PURPOSES FOR WHICH THE ANTICIPATED RECEIPTS MAY BE LAWFULLY EXPENDED BY THE SCHOOL.

(K) FOR PURPOSES OF DETERMINING THE NUMBER OF STUDENTS FOR WHICH DIVISION (D)(3) OF THIS SECTION APPLIES IN ANY SCHOOL YEAR, A COMMUNITY SCHOOL MAY SUBMIT TO THE STATE DEPARTMENT OF HUMAN SERVICES, NO LATER THAN THE FIRST DAY OF MARCH, A LIST OF THE STUDENTS ENROLLED IN THE SCHOOL. FOR EACH STUDENT ON THE LIST, THE COMMUNITY SCHOOL SHALL INDICATE THE STUDENT'S NAME, ADDRESS, AND DATE OF BIRTH AND THE SCHOOL DISTRICT WHERE THE STUDENT IS ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE. UPON RECEIPT OF A LIST UNDER THIS DIVISION, THE DEPARTMENT OF HUMAN SERVICES SHALL DETERMINE THE NUMBER OF STUDENTS RESIDING IN THAT SCHOOL DISTRICT IN A FAMILY RECEIVING ASSISTANCE PURSUANT TO TITLE IV-A OF THE "SOCIAL SECURITY ACT." THE DEPARTMENT SHALL MAKE THIS DETERMINATION ON THE BASIS OF INFORMATION READILY AVAILABLE TO IT. UPON MAKING THIS DETERMINATION AND NO LATER THAN NINETY DAYS AFTER SUBMISSION OF THE LIST BY THE COMMUNITY SCHOOL, THE DEPARTMENT SHALL REPORT TO THE STATE DEPARTMENT OF EDUCATION THE NUMBER OF STUDENTS ON THE LIST WHO RESIDE IN THE SCHOOL DISTRICT IN A FAMILY RECEIVING ASSISTANCE UNDER TITLE IV-A OF THE "SOCIAL SECURITY ACT." IN COMPLYING WITH THIS DIVISION, THE DEPARTMENT OF HUMAN SERVICES SHALL NOT REPORT TO THE STATE DEPARTMENT OF EDUCATION ANY PERSONALLY IDENTIFIABLE INFORMATION ON ANY STUDENT.

(L) THE DEPARTMENT OF EDUCATION SHALL ADJUST THE AMOUNTS SUBTRACTED AND PAID UNDER DIVISIONS (C) AND (D) OF THIS SECTION TO REFLECT ANY ENROLLMENT OF STUDENTS IN COMMUNITY SCHOOLS FOR LESS THAN THE EQUIVALENT OF A FULL SCHOOL YEAR.

Sec. 3314.09. THE BOARD OF EDUCATION OF THE CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT IN WHICH A COMMUNITY SCHOOL IS LOCATED SHALL PROVIDE TRANSPORTATION TO STUDENTS ENROLLED IN THE COMMUNITY SCHOOL, EXCEPT THAT THE BOARD SHALL BE REQUIRED TO PICK UP AND DROP OFF A NONHANDICAPPED STUDENT ONLY AT A REGULAR SCHOOL BUS STOP DESIGNATED IN ACCORDANCE WITH THE BOARD'S TRANSPORTATION POLICY.

Sec. 3314.10. (A)(1) THE GOVERNING AUTHORITY OF ANY COMMUNITY SCHOOL ESTABLISHED UNDER THIS CHAPTER MAY EMPLOY TEACHERS AND NONTEACHING EMPLOYEES NECESSARY TO CARRY OUT ITS MISSION AND FULFILL ITS CONTRACT.

(2) EXCEPT AS PROVIDED UNDER DIVISION (A)(3) OF THIS SECTIO