(126th General Assembly)
(Amended Substitute House Bill Number 66)

Part I of this act continues in Part II.





AN ACT
To amend sections 9.24, 9.981, 101.68, 102.02, 102.06, 108.05, 109.54, 109.57, 109.79, 109.91, 109.98, 117.10, 120.06, 120.13, 120.23, 120.52, 120.53, 121.37, 121.38, 122.011, 122.17, 122.171, 122.18, 122.40, 122.603, 122.71, 122.72, 122.73, 122.74, 122.75, 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, 122.83, 122.95, 122.951, 123.01, 123.152, 123.17, 124.07, 124.321, 124.328, 125.041, 125.05, 125.11, 125.831, 125.832, 126.25, 127.16, 131.02, 131.23, 133.08, 133.081, 133.09, 140.01, 141.011, 141.04, 145.01, 145.33, 147.05, 147.10, 147.11, 147.12, 147.371, 149.30, 150.07, 150.10, 154.11, 173.26, 173.40, 173.99, 181.251, 181.51, 181.52, 181.54, 181.55, 181.56, 183.28, 184.02, 305.171, 307.37, 307.695, 307.86, 307.88, 317.08, 317.36, 319.20, 319.302, 321.24, 323.01, 323.152, 325.31, 329.04, 329.051, 339.72, 339.88, 340.03, 340.16, 351.01, 351.021, 351.06, 351.141, 351.16, 718.09, 718.10, 731.14, 731.141, 742.59, 901.43, 903.05, 905.32, 905.33, 905.331, 905.36, 905.37, 905.38, 905.381, 905.50, 905.501, 905.66, 907.16, 913.02, 913.23, 915.02, 915.16, 915.24, 921.02, 921.16, 923.44, 923.45, 923.46, 926.01, 927.69, 1111.04, 1327.511, 1502.02, 1509.06, 1509.072, 1509.31, 1515.14, 1517.02, 1521.062, 1531.27, 1533.10, 1533.11, 1533.111, 1533.112, 1533.12, 1533.32, 1541.03, 1548.06, 1707.01, 1707.17, 1707.19, 1707.20, 1707.22, 1707.23, 1707.25, 1707.261, 1707.431, 1707.44, 1707.46, 1711.52, 1711.53, 1713.03, 1751.03, 1751.04, 1751.05, 1901.26, 1901.31, 1907.24, 2113.041, 2117.061, 2151.352, 2151.416, 2152.43, 2152.74, 2303.201, 2305.234, 2329.66, 2743.191, 2744.05, 2744.08, 2901.07, 2913.40, 2921.13, 2923.25, 2923.35, 2923.46, 2925.44, 2933.43, 2933.74, 2949.092, 2971.05, 3107.10, 3111.04, 3119.54, 3121.12, 3121.50, 3125.18, 3301.079, 3301.0710, 3301.0711, 3301.0714, 3301.0715, 3301.12, 3301.16, 3301.311, 3301.32, 3301.56, 3301.86, 3301.88, 3302.03, 3313.207, 3313.208, 3313.209, 3313.489, 3313.975, 3313.976, 3313.977, 3313.978, 3313.98, 3314.013, 3314.015, 3314.02, 3314.021, 3314.03, 3314.031, 3314.032, 3314.06, 3314.074, 3314.08, 3314.13, 3315.17, 3315.18, 3315.37, 3316.06, 3316.16, 3317.01, 3317.013, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.026, 3317.027, 3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03, 3317.031, 3317.05, 3317.052, 3317.053, 3317.06, 3317.063, 3317.07, 3317.081, 3317.09, 3317.10, 3317.16, 3317.20, 3317.21, 3317.22, 3317.23, 3317.50, 3317.51, 3318.091, 3318.33, 3319.081, 3319.17, 3319.22, 3319.235, 3319.55, 3323.021, 3323.091, 3323.14, 3323.16, 3327.01, 3332.092, 3333.04, 3333.044, 3333.12, 3333.121, 3333.27, 3333.28, 3333.36, 3333.38, 3334.01, 3334.02, 3334.03, 3334.07, 3334.08, 3334.09, 3334.10, 3334.11, 3334.12, 3334.15, 3334.16, 3334.17, 3334.18, 3334.19, 3335.02, 3345.10, 3345.19, 3345.32, 3353.01, 3353.04, 3353.06, 3353.07, 3362.02, 3365.01, 3365.02, 3365.04, 3365.041, 3365.05, 3365.08, 3375.40, 3375.48, 3375.49, 3375.54, 3375.55, 3381.02, 3381.04, 3381.05, 3381.06, 3381.07, 3381.15, 3383.02, 3383.09, 3501.141, 3501.17, 3513.04, 3513.041, 3513.05, 3513.052, 3513.257, 3513.259, 3513.261, 3517.13, 3517.151, 3701.023, 3701.146, 3701.65, 3702.141, 3702.51, 3702.68, 3702.71, 3702.74, 3703.01, 3703.03, 3703.04, 3703.05, 3703.06, 3703.07, 3703.08, 3703.10, 3703.99, 3704.035, 3704.143, 3704.99, 3705.24, 3712.03, 3714.07, 3721.01, 3721.011, 3721.02, 3721.03, 3721.07, 3721.121, 3721.15, 3721.19, 3721.21, 3721.50, 3721.51, 3721.52, 3721.56, 3721.58, 3722.01, 3722.02, 3722.04, 3734.01, 3734.20, 3734.21, 3734.22, 3734.23, 3734.28, 3734.57, 3734.573, 3734.85, 3734.901, 3734.9010, 3735.27, 3743.01, 3743.02, 3743.04, 3743.05, 3743.06, 3743.15, 3743.17, 3743.18, 3743.19, 3743.57, 3743.59, 3743.65, 3743.75, 3745.11, 3745.12, 3746.04, 3746.071, 3748.07, 3748.13, 3773.34, 3773.38, 3773.39, 3773.40, 3773.57, 3781.07, 3781.10, 3781.102, 3793.09, 3901.021, 3901.17, 3901.3814, 3901.78, 3903.14, 3903.42, 3905.04, 3905.36, 3905.40, 3923.27, 4112.12, 4115.32, 4115.34, 4117.10, 4117.24, 4121.12, 4121.121, 4121.125, 4123.27, 4123.44, 4123.47, 4301.10, 4301.43, 4303.182, 4501.01, 4501.37, 4503.103, 4503.471, 4503.48, 4503.50, 4503.53, 4503.571, 4503.59, 4503.73, 4503.85, 4503.91, 4505.06, 4506.03, 4506.07, 4511.191, 4511.75, 4517.01, 4519.01, 4519.02, 4519.09, 4561.17, 4561.18, 4561.21, 4703.15, 4705.09, 4709.05, 4713.02, 4717.05, 4723.32, 4723.33, 4723.34, 4723.341, 4723.63, 4731.65, 4731.71, 4736.11, 4736.12, 4740.14, 4753.03, 4753.06, 4753.071, 4753.08, 4753.09, 4755.03, 4755.48, 4766.09, 4905.10, 4905.54, 4905.95, 4911.18, 4973.171, 5101.16, 5101.181, 5101.184, 5101.21, 5101.241, 5101.26, 5101.31, 5101.35, 5101.36, 5101.46, 5101.47, 5101.75, 5101.752, 5101.80, 5101.801, 5101.821, 5104.01, 5104.02, 5104.32, 5107.05, 5107.10, 5107.26, 5107.30, 5107.58, 5110.01, 5110.05, 5110.352, 5110.39, 5111.011, 5111.019, 5111.0112, 5111.02, 5111.021, 5111.022, 5111.023, 5111.025, 5111.042, 5111.06, 5111.082, 5111.11, 5111.111, 5111.113, 5111.16, 5111.17, 5111.19, 5111.20, 5111.204, 5111.21, 5111.22, 5111.221, 5111.23, 5111.231, 5111.235, 5111.241, 5111.25, 5111.251, 5111.255, 5111.257, 5111.26, 5111.261, 5111.263, 5111.264, 5111.27, 5111.28, 5111.29, 5111.291, 5111.30, 5111.31, 5111.32, 5111.33, 5111.62, 5111.81, 5111.85, 5111.87, 5111.871, 5111.88, 5111.97, 5111.99, 5112.03, 5112.08, 5112.17, 5112.30, 5112.31, 5115.20, 5115.22, 5115.23, 5119.61, 5120.09, 5120.51, 5121.01, 5121.02, 5121.03, 5121.04, 5121.05, 5121.06, 5121.061, 5121.07, 5121.08, 5121.09, 5121.10, 5121.11, 5121.12, 5121.21, 5122.03, 5122.31, 5123.01, 5123.045, 5123.046, 5123.047, 5123.049, 5123.0412, 5123.34, 5123.41, 5123.701, 5123.71, 5123.76, 5126.01, 5126.035, 5126.042, 5126.054, 5126.055, 5126.056, 5126.057, 5126.12, 5139.01, 5139.36, 5153.16, 5502.01, 5502.03, 5531.10, 5540.01, 5540.09, 5549.01, 5552.01, 5573.13, 5703.052, 5703.053, 5703.47, 5703.50, 5703.70, 5703.80, 5705.091, 5705.391, 5705.40, 5709.07, 5709.12, 5709.121, 5709.40, 5709.73, 5709.77, 5709.78, 5711.01, 5711.16, 5711.21, 5711.22, 5711.28, 5713.01, 5715.01, 5715.24, 5719.041, 5725.01, 5725.19, 5727.01, 5727.02, 5727.06, 5727.08, 5727.10, 5727.11, 5727.111, 5727.12, 5727.23, 5727.84, 5727.85, 5728.01, 5728.02, 5728.03, 5728.04, 5728.06, 5728.08, 5729.08, 5731.01, 5731.05, 5731.131, 5731.14, 5731.18, 5731.181, 5731.22, 5731.23, 5731.39, 5731.41, 5733.01, 5733.065, 5733.066, 5733.33, 5733.351, 5733.352, 5733.40, 5733.41, 5733.49, 5733.98, 5737.03, 5739.01, 5739.02, 5739.025, 5739.03, 5739.033, 5739.034, 5739.035, 5739.08, 5739.09, 5739.10, 5739.12, 5739.16, 5739.17, 5741.02, 5741.16, 5743.01, 5743.02, 5743.03, 5743.05, 5743.071, 5743.08, 5743.10, 5743.111, 5743.112, 5743.14, 5743.15, 5743.16, 5743.18, 5743.19, 5743.20, 5743.32, 5743.33, 5747.01, 5747.012, 5747.02, 5747.05, 5747.08, 5747.113, 5747.212, 5747.331, 5747.70, 5747.80, 5747.98, 5748.01, 5748.02, 5748.03, 5748.04, 5748.08, 5749.02, 5907.15, 5919.33, 5920.01, 6109.21, 6121.04, and 6123.04; to contingently amend sections 9.833, 9.90, 3311.19, 3313.12, 3313.202, 3313.33, 4117.03, and 4117.08; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 181.251 (5502.63), 181.51 (5502.61), 181.52 (5502.62), 181.54 (5502.64), 181.55 (5502.65), 181.56 (5502.66), 3314.031 (3314.21), 3314.032 (3314.22), 3314.034 (3314.24), 3317.21 (3318.47), 3317.22 (3318.48), 3317.23 (3318.49), 4723.63 (4723.91), 5101.75 (173.42), 5101.752 (173.43), 5111.02 (5111.021), 5111.021 (5111.022), 5111.022 (5111.023), 5111.023 (5111.0115), 5111.112 (5111.113), 5111.113 (5111.114), 5111.231 (5111.232), 5111.257 (5111.258), 5111.81 (5111.085), 5111.88 (5111.97), 5111.97 (5111.86), 5121.01 (5121.02), 5121.02 (5121.03), and 5121.03 (5121.01); to enact new sections 3317.012, 3353.02, 3353.03, 3704.14, 4723.63, 5111.02, 5111.112, 5111.231, 5111.24, 5111.257, 5111.34, 5111.88, and 5123.048, and sections 9.23, 9.231, 9.232, 9.233, 9.234, 9.235, 9.236, 9.237, 9.238, 9.239, 9.241, 101.391, 103.132, 109.579, 109.981, 120.07, 120.36, 121.373, 121.381, 121.382, 121.403, 122.075, 122.083, 122.172, 122.173, 125.18, 125.25, 125.60, 125.601, 125.602, 125.603, 125.604, 125.605, 125.606, 125.607, 125.608, 125.609, 125.6010, 125.6011, 125.6012, 131.022, 153.02, 173.39, 173.391, 173.392, 173.393, 173.44, 173.45, 173.46, 173.47, 173.48, 173.49, 173.50, 305.28, 306.331, 307.676, 341.192, 901.44, 907.111, 1547.721, 1547.722, 1547.723, 1547.724, 1547.725, 1547.726, 1707.164, 1707.165, 1711.531, 1751.271, 2151.282, 2305.2341, 2307.65, 2744.082, 2913.401, 2927.023, 2949.093, 3125.191, 3302.10, 3310.01, 3310.02, 3310.03, 3310.04, 3310.05, 3310.06, 3310.07, 3310.08, 3310.09, 3310.10, 3310.13, 3310.14, 3310.16, 3310.17, 3311.11, 3313.6410, 3314.014, 3314.061, 3314.084, 3314.085, 3314.12, 3314.25, 3314.26, 3314.27, 3314.28, 3314.35, 3314.36, 3316.043, 3317.016, 3317.017, 3317.035, 3317.201, 3318.18, 3319.06, 3319.0810, 3319.172, 3323.20, 3323.30, 3323.31, 3323.32, 3323.33, 3324.10, 3325.10, 3325.11, 3325.12, 3325.15, 3325.16, 3325.17, 3333.047, 3333.122, 3333.123, 3333.162, 3354.25, 3365.11, 3701.073, 3702.83, 3704.144, 3705.242, 3714.073, 3715.04, 3721.032, 3721.541, 3721.561, 3745.015, 3745.114, 3770.061, 3781.191, 3903.421, 4115.36, 4117.103, 4121.126, 4121.127, 4121.128, 4123.441, 4123.444, 4123.445, 4506.101, 4506.161, 4723.61, 4723.62, 4723.621, 4723.64, 4723.65, 4723.651, 4723.652, 4723.66, 4723.67, 4723.68, 4723.69, 4766.14, 4905.261, 4911.021, 5101.07, 5101.071, 5101.163, 5101.244, 5101.461, 5101.802, 5101.803, 5101.93, 5101.98, 5107.301, 5111.0114, 5111.027, 5111.061, 5111.062, 5111.083, 5111.084, 5111.10, 5111.161, 5111.162, 5111.163, 5111.176, 5111.177, 5111.191, 5111.222, 5111.223, 5111.242, 5111.243, 5111.244, 5111.254, 5111.265, 5111.266, 5111.65, 5111.651, 5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673, 5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681, 5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687, 5111.688, 5111.851, 5111.852, 5111.853, 5111.854, 5111.855, 5111.856, 5111.881, 5111.882, 5111.883, 5111.884, 5111.885, 5111.886, 5111.887, 5111.888, 5111.889, 5111.8810, 5111.8811, 5111.8812, 5111.89, 5111.891, 5111.892, 5111.893, 5111.914, 5111.915, 5111.971, 5111.98, 5112.341, 5121.30, 5121.31, 5121.32, 5121.33, 5121.34, 5121.35, 5121.36, 5121.37, 5121.38, 5121.40, 5121.41, 5121.42, 5121.43, 5121.44, 5121.45, 5121.46, 5121.47, 5121.48, 5121.49, 5121.50, 5121.51, 5121.52, 5121.53, 5121.54, 5121.55, 5121.56, 5123.16, 5703.057, 5705.211, 5707.031, 5709.112, 5725.32, 5727.031, 5727.241, 5729.032, 5739.012, 5739.36, 5743.031, 5743.072, 5743.331, 5743.71, 5747.056, 5751.01, 5751.011, 5751.012, 5751.013, 5751.02, 5751.03, 5751.031, 5751.032, 5751.033, 5751.04, 5751.05, 5751.051, 5751.06, 5751.07, 5751.08, 5751.081, 5751.09, 5751.10, 5751.11, 5751.12, 5751.20, 5751.21, 5751.22, 5751.23, 5751.31, 5751.50, 5751.51, 5751.52, 5751.53, 5751.98, 5751.99, 5919.31, 5919.341, 6111.30, 6111.31, and 6111.32; to enact section 9.901 of the Revised Code (certain of its phases contingently); and to repeal sections 181.53, 339.77, 742.36, 1541.221, 3301.31, 3301.33, 3301.34, 3301.35, 3301.36, 3301.37, 3301.38, 3301.80, 3301.85, 3301.87, 3311.40, 3314.15, 3317.012, 3317.0212, 3317.0213, 3353.02, 3353.03, 3506.17, 3704.14, 3704.142, 3704.17, 3721.511, 3901.41, 3901.781, 3901.782, 3901.783, 3901.784, 4519.06, 4519.07, 5101.751, 5101.753, 5101.754, 5111.041, 5111.205, 5111.24, 5111.262, 5111.34, 5115.10, 5115.11, 5115.12, 5115.13, 5115.14, 5123.041, 5123.048, 5571.13, 5731.20, and 5733.122 of the Revised Code; to amend Sections 16.09, 19.01, 20.01, 22.03, 22.04, 23.02, 23.12, 23.13, 23.19, 23.26, 23.45, and 24.01 of Am. Sub. H.B. 16 of the 126th General Assembly; to amend Section 3 of Am. H.B. 67 of the 126th General Assembly; to amend Sections 203.03, 203.03.09, 203.03.10, 203.06.06, 203.06.12, 203.06.15, and 203.06.24 of Am. Sub. H.B. 68 of the 126th General Assembly; to amend Section 41.36 of Am. Sub. H.B. 95 of the 125th General Assembly and to amend Section 41.36 of Am. Sub. H.B. 95 of the 125th General Assembly for the purpose of codifying it as section 3323.19 of the Revised Code; to amend Section 14 of Sub. H.B. 434 of the 125th General Assembly; to amend Section 4 of Am. Sub. H.B. 516 of the 125th General Assembly; to amend Sections 3.01, 3.04, and 26.01 of Am. Sub. S.B. 189 of the 125th General Assembly; to amend Section 22 of Am. Sub. S.B. 189 of the 125th General Assembly, as amended by Am. Sub. H.B. 16 of the 126th General Assembly; to amend Section 3 of Am. Sub. H.B. 621 of the 122nd General Assembly, as subsequently amended; to amend Section 153 of Am. Sub. H.B. 117 of the 121st General Assembly, as subsequently amended; to amend Section 5 of Am. Sub. S.B. 50 of the 121st General Assembly, as subsequently amended; and to repeal Sections 59.19, 89.17, and 147 of Am. Sub. H.B. 95 of the 125th General Assembly to make operating appropriations for the biennium beginning July 1, 2005 and ending June 30, 2007, and to provide authorization and conditions for the operation of state programs, and to repeal Section 553.01 of this act on February 16, 2006.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 101.01. That sections 9.24, 9.981, 101.68, 102.02, 102.06, 108.05, 109.54, 109.57, 109.79, 109.91, 109.98, 117.10, 120.06, 120.13, 120.23, 120.52, 120.53, 121.37, 121.38, 122.011, 122.17, 122.171, 122.18, 122.40, 122.603, 122.71, 122.72, 122.73, 122.74, 122.75, 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, 122.83, 122.95, 122.951, 123.01, 123.152, 123.17, 124.07, 124.321, 124.328, 125.041, 125.05, 125.11, 125.831, 125.832, 126.25, 127.16, 131.02, 131.23, 133.08, 133.081, 133.09, 140.01, 141.011, 141.04, 145.01, 145.33, 147.05, 147.10, 147.11, 147.12, 147.371, 149.30, 150.07, 150.10, 154.11, 173.26, 173.40, 173.99, 181.251, 181.51, 181.52, 181.54, 181.55, 181.56, 183.28, 184.02, 305.171, 307.37, 307.695, 307.86, 307.88, 317.08, 317.36, 319.20, 319.302, 321.24, 323.01, 323.152, 325.31, 329.04, 329.051, 339.72, 339.88, 340.03, 340.16, 351.01, 351.021, 351.06, 351.141, 351.16, 718.09, 718.10, 731.14, 731.141, 742.59, 901.43, 903.05, 905.32, 905.33, 905.331, 905.36, 905.37, 905.38, 905.381, 905.50, 905.501, 905.66, 907.16, 913.02, 913.23, 915.02, 915.16, 915.24, 921.02, 921.16, 923.44, 923.45, 923.46, 926.01, 927.69, 1111.04, 1327.511, 1502.02, 1509.06, 1509.072, 1509.31, 1515.14, 1517.02, 1521.062, 1531.27, 1533.10, 1533.11, 1533.111, 1533.112, 1533.12, 1533.32, 1541.03, 1548.06, 1707.01, 1707.17, 1707.19, 1707.20, 1707.22, 1707.23, 1707.25, 1707.261, 1707.431, 1707.44, 1707.46, 1711.52, 1711.53, 1713.03, 1751.03, 1751.04, 1751.05, 1901.26, 1901.31, 1907.24, 2113.041, 2117.061, 2151.352, 2151.416, 2152.43, 2152.74, 2303.201, 2305.234, 2329.66, 2743.191, 2744.05, 2744.08, 2901.07, 2913.40, 2921.13, 2923.25, 2923.35, 2923.46, 2925.44, 2933.43, 2933.74, 2949.092, 2971.05, 3107.10, 3111.04, 3119.54, 3121.12, 3121.50, 3125.18, 3301.079, 3301.0710, 3301.0711, 3301.0714, 3301.0715, 3301.12, 3301.16, 3301.311, 3301.32, 3301.56, 3301.86, 3301.88, 3302.03, 3313.207, 3313.208, 3313.209, 3313.489, 3313.975, 3313.976, 3313.977, 3313.978, 3313.98, 3314.013, 3314.015, 3314.02, 3314.021, 3314.03, 3314.031, 3314.032, 3314.06, 3314.074, 3314.08, 3314.13, 3315.17, 3315.18, 3315.37, 3316.06, 3316.16, 3317.01, 3317.013, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.026, 3317.027, 3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03, 3317.031, 3317.05, 3317.052, 3317.053, 3317.06, 3317.063, 3317.07, 3317.081, 3317.09, 3317.10, 3317.16, 3317.20, 3317.21, 3317.22, 3317.23, 3317.50, 3317.51, 3318.091, 3318.33, 3319.081, 3319.17, 3319.22, 3319.235, 3319.55, 3323.021, 3323.091, 3323.14, 3323.16, 3327.01, 3332.092, 3333.04, 3333.044, 3333.12, 3333.121, 3333.27, 3333.28, 3333.36, 3333.38, 3334.01, 3334.02, 3334.03, 3334.07, 3334.08, 3334.09, 3334.10, 3334.11, 3334.12, 3334.15, 3334.16, 3334.17, 3334.18, 3334.19, 3335.02, 3345.10, 3345.19, 3345.32, 3353.01, 3353.04, 3353.06, 3353.07, 3362.02, 3365.01, 3365.02, 3365.04, 3365.041, 3365.05, 3365.08, 3375.40, 3375.48, 3375.49, 3375.54, 3375.55, 3381.02, 3381.04, 3381.05, 3381.06, 3381.07, 3381.15, 3383.02, 3383.09, 3501.141, 3501.17, 3513.04, 3513.041, 3513.05, 3513.052, 3513.257, 3513.259, 3513.261, 3517.13, 3517.151, 3701.023, 3701.146, 3701.65, 3702.141, 3702.51, 3702.68, 3702.71, 3702.74, 3703.01, 3703.03, 3703.04, 3703.05, 3703.06, 3703.07, 3703.08, 3703.10, 3703.99, 3704.035, 3704.143, 3704.99, 3705.24, 3712.03, 3714.07, 3721.01, 3721.011, 3721.02, 3721.03, 3721.07, 3721.121, 3721.15, 3721.19, 3721.21, 3721.50, 3721.51, 3721.52, 3721.56, 3721.58, 3722.01, 3722.02, 3722.04, 3734.01, 3734.20, 3734.21, 3734.22, 3734.23, 3734.28, 3734.57, 3734.573, 3734.85, 3734.901, 3734.9010, 3735.27, 3743.01, 3743.02, 3743.04, 3743.05, 3743.06, 3743.15, 3743.17, 3743.18, 3743.19, 3743.57, 3743.59, 3743.65, 3743.75, 3745.11, 3745.12, 3746.04, 3746.071, 3748.07, 3748.13, 3773.34, 3773.38, 3773.39, 3773.40, 3773.57, 3781.07, 3781.10, 3781.102, 3793.09, 3901.021, 3901.17, 3901.3814, 3901.78, 3903.14, 3903.42, 3905.04, 3905.36, 3905.40, 3923.27, 4112.12, 4115.32, 4115.34, 4117.10, 4117.24, 4121.12, 4121.121, 4121.125, 4123.27, 4123.44, 4123.47, 4301.10, 4301.43, 4303.182, 4501.01, 4501.37, 4503.103, 4503.471, 4503.48, 4503.50, 4503.53, 4503.571, 4503.59, 4503.73, 4503.85, 4503.91, 4505.06, 4506.03, 4506.07, 4511.191, 4511.75, 4517.01, 4519.01, 4519.02, 4519.09, 4561.17, 4561.18, 4561.21, 4703.15, 4705.09, 4709.05, 4713.02, 4717.05, 4723.32, 4723.33, 4723.34, 4723.341, 4723.63, 4731.65, 4731.71, 4736.11, 4736.12, 4740.14, 4753.03, 4753.06, 4753.071, 4753.08, 4753.09, 4755.03, 4755.48, 4766.09, 4905.10, 4905.54, 4905.95, 4911.18, 4973.171, 5101.16, 5101.181, 5101.184, 5101.21, 5101.241, 5101.26, 5101.31, 5101.35, 5101.36, 5101.46, 5101.47, 5101.75, 5101.752, 5101.80, 5101.801, 5101.821, 5104.01, 5104.02, 5104.32, 5107.05, 5107.10, 5107.26, 5107.30, 5107.58, 5110.01, 5110.05, 5110.352, 5110.39, 5111.011, 5111.019, 5111.0112, 5111.02, 5111.021, 5111.022, 5111.023, 5111.025, 5111.042, 5111.06, 5111.082, 5111.11, 5111.111, 5111.113, 5111.16, 5111.17, 5111.19, 5111.20, 5111.204, 5111.21, 5111.22, 5111.221, 5111.23, 5111.231, 5111.235, 5111.241, 5111.25, 5111.251, 5111.255, 5111.257, 5111.26, 5111.261, 5111.263, 5111.264, 5111.27, 5111.28, 5111.29, 5111.291, 5111.30, 5111.31, 5111.32, 5111.33, 5111.62, 5111.81, 5111.85, 5111.87, 5111.871, 5111.88, 5111.97, 5111.99, 5112.03, 5112.08, 5112.17, 5112.30, 5112.31, 5115.20, 5115.22, 5115.23, 5119.61, 5120.09, 5120.51, 5121.01, 5121.02, 5121.03, 5121.04, 5121.05, 5121.06, 5121.061, 5121.07, 5121.08, 5121.09, 5121.10, 5121.11, 5121.12, 5121.21, 5122.03, 5122.31, 5123.01, 5123.045, 5123.046, 5123.047, 5123.049, 5123.0412, 5123.34, 5123.41, 5123.701, 5123.71, 5123.76, 5126.01, 5126.035, 5126.042, 5126.054, 5126.055, 5126.056, 5126.057, 5126.12, 5139.01, 5139.36, 5153.16, 5502.01, 5502.03, 5531.10, 5540.01, 5540.09, 5549.01, 5552.01, 5573.013, 5703.052, 5703.053, 5703.47, 5703.50, 5703.70, 5703.80, 5705.091, 5705.391, 5705.40, 5709.07, 5709.12, 5709.121, 5709.40, 5709.73, 5709.77, 5709.78, 5711.01, 5711.16, 5711.21, 5711.22, 5711.28, 5713.01, 5715.01, 5715.24, 5719.041, 5725.01, 5725.19, 5727.01, 5727.02, 5727.06, 5727.08, 5727.10, 5727.11, 5727.111, 5727.12, 5727.23, 5727.84, 5727.85, 5728.01, 5728.02, 5728.03, 5728.04, 5728.06, 5728.08, 5729.08, 5731.01, 5731.05, 5731.131, 5731.14, 5731.18, 5731.181, 5731.22, 5731.23, 5731.39, 5731.41, 5733.01, 5733.065, 5733.066, 5733.33, 5733.351, 5733.352, 5733.40, 5733.41, 5733.49, 5733.98, 5737.03, 5739.01, 5739.02, 5739.025, 5739.03, 5739.033, 5739.034, 5739.035, 5739.08, 5739.09, 5739.10, 5739.12, 5739.16, 5739.17, 5741.02, 5741.16, 5743.01, 5743.02, 5743.03, 5743.05, 5743.071, 5743.08, 5743.10, 5743.111, 5743.112, 5743.14, 5743.15, 5743.16, 5743.18, 5743.19, 5743.20, 5743.32, 5743.33, 5747.01, 5747.012, 5747.02, 5747.05, 5747.08, 5747.113, 5747.212, 5747.331, 5747.70, 5747.80, 5747.98, 5748.01, 5748.02, 5748.03, 5748.04, 5748.08, 5749.02, 5907.15, 5919.33, 5920.01, 6109.21, 6121.04, and 6123.04 be amended; that sections 9.833, 9.90, 3311.19, 3313.12, 3313.202, 3313.33, 4117.03, and 4117.08 be contingently amended; that sections 181.251 (5502.63), 181.51 (5502.61), 181.52 (5502.62), 181.54 (5502.64), 181.55 (5502.65), 181.56 (5502.66), 3314.031 (3314.21), 3314.032 (3314.22), 3314.034 (3314.24), 3317.21 (3318.47), 3317.22 (3318.48), 3317.23 (3318.49), 4723.63 (4723.91), 5101.75 (173.42), 5101.752 (173.43), 5111.02 (5111.021), 5111.021 (5111.022), 5111.022 (5111.023), 5111.023 (5111.0115), 5111.112 (5111.113), 5111.113 (5111.114), 5111.231 (5111.232), 5111.257, (5111.258), 5111.81 (5111.085), 5111.88 (5111.97), 5111.97 (5111.86), 5121.01 (5121.02), 5121.02 (5121.03), and 5121.03 (5121.01) be amended for the purpose of adopting new section numbers as indicated in parentheses; that Section 41.36 of Am. Sub. H.B. 95 of the 125th General Assembly be amended and that Section 41.36 of Am. Sub. H.B. 95 of the 125th General Assembly be amended for the purpose of codifying it as section 3323.19 of the Revised Code; that new sections 3317.012, 3353.02, 3353.03, 3704.14, 4723.63, 5111.02, 5111.112, 5111.231, 5111.24, 5111.257, 5111.34, 5111.88, and 5123.048 and sections 9.23, 9.231, 9.232, 9.233, 9.234, 9.235, 9.236, 9.237, 9.238, 9.239, 9.241, 101.391, 103.132, 109.579, 109.981, 120.07, 120.36, 121.373, 121.381, 121.382, 121.403, 122.075, 122.083, 122.172, 122.173, 125.18, 125.25, 125.60, 125.601, 125.602, 125.603, 125.604, 125.605, 125.606, 125.607, 125.608, 125.609, 125.6010, 125.6011, 125.6012, 131.022, 153.02, 173.39, 173.391, 173.392, 173.393, 173.44, 173.45, 173.46, 173.47, 173.48, 173.49, 173.50, 305.28, 306.331, 307.676, 341.192, 901.44, 907.111, 1547.721, 1547.722, 1547.723, 1547.724, 1547.725, 1547.726, 1707.164, 1707.165, 1711.531, 1751.271, 2151.282, 2305.2341, 2307.65, 2744.082, 2913.401, 2927.023, 2949.093, 3125.191, 3302.10, 3310.01, 3310.02, 3310.03, 3310.04, 3310.05, 3310.06, 3310.07, 3310.08, 3310.09, 3310.10, 3310.13, 3310.14, 3310.16, 3310.17, 3311.11, 3313.6410, 3314.014, 3314.061, 3314.084, 3314.085, 3314.12, 3314.25, 3314.26, 3314.27, 3314.28, 3314.35, 3314.36, 3316.043, 3317.016, 3317.017, 3317.035, 3317.201, 3318.18, 3319.06, 3319.0810, 3319.172, 3323.20, 3323.30, 3323.31, 3323.32, 3323.33, 3324.10, 3325.10, 3325.11, 3325.12, 3325.15, 3325.16, 3325.17, 3333.047, 3333.122, 3333.123, 3333.162, 3354.25, 3365.11, 3701.073, 3702.83, 3704.144, 3705.242, 3714.073, 3715.04, 3721.032, 3721.541, 3721.561, 3745.015, 3745.114, 3770.061, 3781.191, 3903.421, 4115.36, 4117.103, 4121.126, 4121.127, 4121.128, 4123.441, 4123.444, 4123.445, 4506.101, 4506.161, 4723.61, 4723.62, 4723.621, 4723.64, 4723.65, 4723.651, 4723.652, 4723.66, 4723.67, 4723.68, 4723.69, 4766.14, 4905.261, 4911.021, 5101.07, 5101.071, 5101.163, 5101.244, 5101.461, 5101.802, 5101.803, 5101.93, 5101.98, 5107.301, 5111.0114, 5111.027, 5111.061, 5111.062, 5111.083, 5111.084, 5111.10, 5111.161, 5111.162, 5111.163, 5111.176, 5111.177, 5111.191, 5111.222, 5111.223, 5111.242, 5111.243, 5111.244, 5111.254, 5111.265, 5111.266, 5111.65, 5111.651, 5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673, 5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681, 5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687, 5111.688, 5111.851, 5111.852, 5111.853, 5111.854, 5111.855, 5111.856, 5111.881, 5111.882, 5111.883, 5111.884, 5111.885, 5111.886, 5111.887, 5111.888, 5111.889, 5111.8810, 5111.8811, 5111.8812, 5111.89, 5111.891, 5111.892, 5111.893, 5111.914, 5111.915, 5111.971, 5111.98, 5112.341, 5121.30, 5121.31, 5121.32, 5121.33, 5121.34, 5121.35, 5121.36, 5121.37, 5121.38, 5121.40, 5121.41, 5121.42, 5121.43, 5121.44, 5121.45, 5121.46, 5121.47, 5121.48, 5121.49, 5121.50, 5121.51, 5121.52, 5121.53, 5121.54, 5121.55, 5121.56, 5123.16, 5703.057, 5705.211, 5707.031, 5709.112, 5725.32, 5727.031, 5727.241, 5729.032, 5739.012, 5739.36, 5743.031, 5743.072, 5743.331, 5743.71, 5747.056, 5751.01, 5751.011, 5751.012, 5751.013, 5751.02, 5751.03, 5751.031, 5751.032, 5751.033, 5751.04, 5751.05, 5751.051, 5751.06, 5751.07, 5751.08, 5751.081, 5751.09, 5751.10, 5751.11, 5751.12, 5751.20, 5751.21, 5751.22, 5751.23, 5751.31, 5751.50, 5751.51, 5751.52, 5751.53, 5751.98, 5751.99, 5919.31, 5919.341, 6111.30, 6111.31, and 6111.32 be enacted; and that section 9.901 of the Revised Code be enacted (certain of its phases contingently) to read as follows:

Sec. 9.23. As used in sections 9.23 to 9.239 of the Revised Code:

(A) "Allocable nondirect costs" means the amount of nondirect costs allocated as a result of actual expenditures on direct costs. "Allocable nondirect costs" shall be calculated as follows: direct costs actually incurred for the provision of services pursuant to a contract entered into under section 9.231 of the Revised Code divided by the minimum percentage of money that is to be expended on the recipient's direct costs, as specified in the contract, minus the direct costs actually incurred.

(B) "Contract payment earned" means payment pursuant to a contract entered into under section 9.231 of the Revised Code for direct costs actually incurred in performing the contract, up to the minimum percentage of money that is to be expended on the recipient's direct costs, as specified in the contract, plus allocable nondirect costs associated with those direct costs.

(C) "Direct costs" means the costs of providing services that directly benefit a patient, client, or the public and that are set forth in the contract entered into under section 9.231 of the Revised Code. "Direct costs" does not include the costs of any financial review or audit required under section 9.234 of the Revised Code.

(D)(1) "Governmental entity" means a state agency or a political subdivision of the state.

(2) "Contracting authority" of a governmental entity means the director or chief executive officer, in the case of a state agency, or the legislative authority, in the case of a political subdivision.

(E) "Minimum percentage of money that is to be expended on the recipient's direct costs" means the percentage of the total amount of the contract entered into under section 9.231 of the Revised Code that, at a minimum, has to be expended on the recipient's direct costs in performing the contract in order for the recipient to earn the total amount of the contract.

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

(G) "Recipient" means a person that enters into a contract with a governmental entity under section 9.231 of the Revised Code.

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

(I) A judgment is "uncollectible" if, at least ninety days after the judgment is obtained, the full amount of the judgment has not been collected and either a settlement agreement between the governmental entity and the recipient has not been entered into or a settlement agreement has been entered into but has not been materially complied with.

Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of this section, a governmental entity shall not disburse money totaling twenty-five thousand dollars or more to any person for the provision of services for the primary benefit of individuals or the public and not for the primary benefit of a governmental entity or the employees of a governmental entity, unless the contracting authority of the governmental entity first enters into a written contract with the person that is signed by the person or by an officer or agent of the person authorized to legally bind the person and that embodies all of the requirements and conditions set forth in sections 9.23 to 9.236 of the Revised Code. If the disbursement of money occurs over the course of a governmental entity's fiscal year, rather than in a lump sum, the contracting authority of the governmental entity shall enter into the written contract with the person at the point during the governmental entity's fiscal year that at least seventy-five thousand dollars has been disbursed by the governmental entity to the person. Thereafter, the contracting authority of the governmental entity shall enter into the written contract with the person at the beginning of the governmental entity's fiscal year, if, during the immediately preceding fiscal year, the governmental entity disbursed to that person an aggregate amount totaling at least seventy-five thousand dollars.

(2) If the money referred to in division (A)(1) of this section is disbursed by or through more than one state agency to the person for the provision of services to the same population, the contracting authorities of those agencies shall determine which one of them will enter into the written contract with the person.

(3) The requirements and conditions set forth in divisions (A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2) and (B) of section 9.234, divisions (A)(2) and (B) of section 9.235, and sections 9.233 and 9.236 of the Revised Code do not apply with respect to the following:

(a) Contracts to which all of the following apply:

(i) The amount received for the services is a set fee for each time the services are provided, is determined in accordance with a fixed rate per unit of time or per service, or is a capitated rate, and the fee or rate is established by competitive bidding or by a market rate survey of similar services provided in a defined market area. The market rate survey may be one conducted by or on behalf of the governmental entity or an independent survey accepted by the governmental entity as statistically valid and reliable.

(ii) The services are provided in accordance with standards established by state or federal law, or by rules or regulations adopted thereunder, for their delivery, which standards are enforced by the federal government, a governmental entity, or an accrediting organization recognized by the federal government or a governmental entity.

(iii) Payment for the services is made after the services are delivered and upon submission to the governmental entity of an invoice or other claim for payment as required by any applicable local, state, or federal law or, if no such law applies, by the terms of the contract.

(b) Contracts under which the services are reimbursed through or in a manner consistent with a federal program that meets all of the following requirements:

(i) The program calculates the reimbursement rate on the basis of the previous year's experience or in accordance with an alternative method set forth in rules adopted by the Ohio department of job and family services.

(ii) The reimbursement rate is derived from a breakdown of direct and indirect costs.

(iii) The program's guidelines describe types of expenditures that are allowable and not allowable under the program and delineate which costs are acceptable as direct costs for purposes of calculating the reimbursement rate.

(iv) The program includes a uniform cost reporting system with specific audit requirements.

(c) Contracts under which the services are reimbursed through or in a manner consistent with a federal program that calculates the reimbursement rate on a fee for service basis in compliance with United States office of management and budget Circular A-87, as revised May 10, 2004.

(d) Contracts for services that are paid pursuant to the earmarking of an appropriation made by the general assembly for that purpose.

(B) Division (A) of this section does not apply if the money is disbursed to a person pursuant to a contract with the United States or a governmental entity under any of the following circumstances:

(1) The person receives the money directly or indirectly from the United States, and no governmental entity exercises any oversight or control over the use of the money.

(2) The person receives the money solely in return for the performance of one or more of the following types of services:

(a) Medical, therapeutic, or other health-related services provided by a person if the amount received is a set fee for each time the person provides the services, is determined in accordance with a fixed rate per unit of time, or is a capitated rate, and the fee or rate is reasonable and customary in the person's trade or profession;

(b) Medicaid-funded services, including administrative and management services, provided pursuant to a contract or medicaid provider agreement that meets the requirements of the medicaid program established under Chapter 5111. of the Revised Code.

(c) Services, other than administrative or management services or any of the services described in division (B)(2)(a) or (b) of this section, that are commonly purchased by the public at an hourly rate or at a set fee for each time the services are provided, unless the services are performed for the benefit of children, persons who are eligible for the services by reason of advanced age, medical condition, or financial need, or persons who are confined in a detention facility as defined in section 2921.01 of the Revised Code, and the services are intended to help promote the health, safety, or welfare of those children or persons;

(d) Educational services provided by a school to children eligible to attend that school. For purposes of division (B)(2)(d) of this section, "school" means any school operated by a school district board of education, any community school established under Chapter 3314. of the Revised Code, or any nonpublic school for which the state board of education prescribes minimum education standards under section 3301.07 of the Revised Code.

(e) Services provided by a foster home as defined in section 5103.02 of the Revised Code;

(f) "Routine business services other than administrative or management services," as that term is defined by the attorney general by rule adopted in accordance with Chapter 119. of the Revised Code;

(g) Services to protect the environment or promote environmental education that are provided by a nonprofit entity or services to protect the environment that are funded with federal grants or revolving loan funds and administered in accordance with federal law.

(3) The person receives the money solely in return for the performance of services intended to help preserve public health or safety under circumstances requiring immediate action as a result of a natural or man-made emergency.

(C) With respect to a nonprofit association, corporation, or organization established for the purpose of providing educational, technical, consulting, training, financial, or other services to its members in exchange for membership dues and other fees, any of the services provided to a member that is a governmental entity shall, for purposes of this section, be considered services "for the primary benefit of a governmental entity or the employees of a governmental entity."

Sec. 9.232.  A contract entered into under section 9.231 of the Revised Code shall, at a minimum, set forth all of the following:

(A) The minimum percentage of money that is to be expended on the recipient's direct costs;

(B) The records that a recipient must maintain to document direct costs;

(C) If some of the recipient's obligations under the contract involve the performance of any of the types of services described in division (B)(2)(a), (c), or (f) of section 9.231 of the Revised Code, the name and telephone number of the individual designated by the governmental entity as the contact for obtaining approval of contract amounts for purposes of division (A)(2)(a)(ii) of section 9.235 of the Revised Code;

(D) The financial review and audit requirements established under section 9.234 of the Revised Code and by rules of the auditor of state adopted under section 9.238 of the Revised Code or, with respect to any contract described in division (A)(3) of section 9.231 of the Revised Code, any financial compliance requirements established for purposes of that contract;

(E) The provisions established by rules of the attorney general adopted under section 9.237 of the Revised Code;

(F) Permissible dispositions of money received by a recipient in excess of the contract payment earned, if the excess is not to be repaid to the governmental entity.

Sec. 9.233. (A) A recipient shall be entitled to the contract payment earned. In no event shall a recipient be entitled to more than the contract payment earned. A recipient shall repay any money received in excess of the contract payment earned to the governmental entity or, if a different disposition is provided for in the recipient's contract with the governmental entity, dispose of that money in accordance with the terms of the contract.

(B) In order to determine the contract payment earned, all financial books and records open to inspection pursuant to section 9.235 of the Revised Code shall be held to standards consistent with generally accepted accounting principles.

Sec. 9.234. (A) Unless otherwise explicitly provided in the Revised Code, a recipient shall do all of the following:

(1) With respect to any money received prior to the performance of the recipient's obligations under the contract entered into under section 9.231 of the Revised Code, and any money received in excess of the contract payment earned, keep current and accurate records of the receipt and use of the money in a manner consistent with the contract;

(2) With respect to any money received after the recipient has performed its obligations under the contract entered into under section 9.231 of the Revised Code, keep current and accurate records of the recipient's expenditures on direct costs;

(3) Annually provide the contracting authority of the governmental entity with a report that includes both of the following:

(a) (i) Subject to division (A)(3)(a)(ii) of this section, an audit report, if a financial audit is required by division (B)(3) of this section; a financial review, if a financial review is required by division (B)(2) of this section; a financial review, if a financial review is required by division (B)(1) of this section and is not waived; or financial statements, major categories of expenditure of the money, and a summary of the activities for which the recipient used the money.

(ii) With respect to any contract described in division (A)(3) of section 9.231 of the Revised Code, an audit report or financial review if the performance of a financial audit or review is a compliance requirement established for purposes of that contract.

(b) Any other information that may be required by the contract.

(B) (1) A recipient that, pursuant to one or more contracts entered into under section 9.231 of the Revised Code, receives money totaling at least one hundred thousand dollars but less than three hundred thousand dollars in any fiscal year shall have a financial review performed for each fiscal year in which it receives that amount of money in accordance with the financial review standards of the American institute of certified public accountants. The financial review shall be performed by an independent public accounting firm. The financial review contract between the recipient and the firm shall provide that the state is an intended third-party beneficiary of the contract.

This financial review requirement may be waived, however, if the contracting authority of each governmental entity from which the recipient received money that fiscal year pursuant to a contract entered into under section 9.231 of the Revised Code agrees to the waiver.

(2) A recipient that, pursuant to one or more contracts entered into under section 9.231 of the Revised Code, receives money totaling at least three hundred thousand dollars but less than five hundred thousand dollars in any fiscal year shall have a financial review performed for each fiscal year in which it receives that amount of money in accordance with the financial review standards of the American institute of certified public accountants. The financial review shall be performed by an independent public accounting firm. The financial review contract between the recipient and the firm shall provide that the state is an intended third-party beneficiary of the contract.

(3) A recipient that, pursuant to one or more contracts entered into under section 9.231 of the Revised Code, receives money totaling five hundred thousand dollars or more in any fiscal year shall have a financial audit performed for each fiscal year in which it receives that amount of money according to generally accepted auditing standards by an independent public accounting firm. The engagement letter between the recipient and the firm shall provide that the state is an intended third-party beneficiary of the contract. The audit shall comply with rules adopted by the auditor of state under section 9.238 of the Revised Code. An audit performed pursuant to the federal "Single Audit Act of 1984," 98 Stat. 2327, 31 U.S.C. 7501 et seq., as amended, is sufficient if the state is an intended third-party beneficiary of the audit contract.

(C)(1) An audit conducted by the auditor of state pursuant to any other provision of the Revised Code is sufficient for purposes of division (B) of this section.

(2) A financial audit meeting the requirements of division (B)(3) of this section satisfies the financial review requirements of divisions (B)(1) and (2) of this section.

(3) The references in division (B) of this section to fiscal year mean the recipient's fiscal year.

(D) Nothing in this section shall be construed to limit in any way the authority of the auditor of state to conduct audits pursuant to any other provision of the Revised Code.

Sec. 9.235. (A)(1) Subject to division (A)(2) of this section, the financial books and records of a recipient, and the financial books and records of any person with which the recipient contracts for the performance of the recipient's obligations under the recipient's contract with the governmental entity, shall be open to inspection by the governmental entity and by the state from the time the recipient first applies for payment under the contract. If the recipient is paid before the performance of its obligations under the contract, the financial books and records of the recipient and of any person with which the recipient contracts for the performance of the recipient's obligations shall be open to inspection from the first anniversary of the payment or from any earlier date that the contract may provide.

(2) Division (A)(1) of this section does not apply to any person that contracts with the recipient solely for the performance of some of the recipient's obligations under the recipient's contract with the governmental entity that directly benefit the recipient's patients or clients, if either of the following applies:

(a) The services provided by the person are any of the types of services described in division (B)(2)(a), (c), or (f) of section 9.231 of the Revised Code and the full amount of the person's contract constitutes direct costs for the recipient and is reasonable and customary in the person's trade or profession. For purposes of division (A)(2)(a) of this section, the amount of the person's contract with the recipient shall be considered "reasonable and customary in the person's trade or profession" if any of the following applies:

(i) The amount is equal to or less than the maximum amount for those services specified in the recipient's contract with the governmental entity.

(ii) The amount was approved by the governmental entity after the recipient entered into the contract with the governmental entity.

(iii) A maximum amount for those services was specified in the recipient's contract with the governmental entity, the recipient's original contract with a person for the performance of those services was subsequently canceled or otherwise unfulfilled, the recipient entered into a replacement contract with another person, and the amount of that contract is not more than twenty-five per cent above the maximum amount for the services specified in the recipient's contract with the governmental entity.

(b) The services provided by the person are any of the types of services described in division (B)(2)(b), (d), or (e) of section 9.231 of the Revised Code.

(B)(1) Subject to division (B)(2) of this section, if a recipient contracts with another person for the performance of some or all of the recipient's obligations under the recipient's contract with the governmental entity, the recipient shall be entitled to claim spending by the other person as direct costs only to the extent the other person has spent money on direct costs in the performance of the recipient's obligations and only if the other person complies with all of the terms and conditions relating to the performance that the recipient is required to comply with under the contract with the governmental entity.

(2) The conditions set forth in division (B)(1) of this section do not apply with respect to any person described in division (A)(2) of this section.

(C)(1) Nothing in this section shall be construed as making any record of the receipt or expenditure of nonpublic money a public record for purposes of section 149.43 of the Revised Code.

(2) Division (C)(1) of this section does not limit in any way the authority of the auditor of state to conduct audits or other investigations when public money is commingled with nonpublic money.

Sec. 9.236. (A) A recipient is liable to repay to the governmental entity any money received in excess of the contract payment earned.

(B)(1) A governmental entity may bring a civil action for the recovery of money due to the governmental entity from a recipient under division (A) of this section. In such an action, any person with which the recipient has contracted for the performance of the recipient's material obligations to a group of beneficiaries under the recipient's contract with the governmental entity may be made a party defendant if the person is unable to demonstrate to the satisfaction of the governmental entity that the person has materially complied with the terms of the contract with the recipient. In such a case, the person may be made a party defendant and the governmental entity may obtain a judgment against the person in accordance with division (B)(2) of this section.

(2) If a governmental entity obtains a judgment against a recipient in a civil action brought under division (B)(1) of this section and the judgment is uncollectible, the governmental entity may recover from the person with which the recipient contracted an amount not exceeding the lesser of the following:

(a) The unsatisfied amount of the judgment;

(b) The total amount received by the person from the recipient minus the total amount spent by the person on direct costs for services actually performed and retained by the person as allocable nondirect costs associated with those direct costs.

(C) If a governmental entity, pursuant to this section, obtains a judgment against a recipient or against a person with which the recipient contracted and that judgment debtor does not voluntarily pay the amount of the judgment, that judgment debtor shall be precluded from contracting with a governmental entity to the extent provided in divisions (A) and (B) of section 9.24 of the Revised Code for a debtor against whom a finding of recovery has been issued.

(D) In addition to other remedies provided in divisions (A) to (C) of this section, a governmental entity may void a contract between a recipient and another person for the performance by the other person of the recipient's obligations under the recipient's contract with the governmental entity to the extent that the other person has not yet performed its obligations under the contract or cannot demonstrate that the money it received was expended on direct costs or retained as allocable nondirect costs.

(E) If a recipient is liable to repay money to a governmental entity under this section and the judgment obtained by the governmental entity against the recipient is uncollectible, then in addition to other remedies provided in divisions (A) to (C) of this section, and after the governmental entity has obtained a judgment against any necessary third party, the governmental entity may void any of the following contracts:

(1) A contract made not more than one hundred eighty days before the judgment against the recipient became uncollectible between the recipient and a director, trustee, or officer of the recipient or a business in which a director, trustee, or officer of the recipient has a material financial interest, if either of the following applies:

(a) The recipient has paid substantial value for property received and the property can be returned to the other person. If the property has experienced only normal wear and tear, the person shall be liable to the governmental entity for the full amount the recipient paid for the property. Otherwise, the person shall be liable to the governmental entity only for the market value of the property.

(b) The person with which the recipient contracted has received money that the recipient obtained pursuant to the contract with the governmental entity and the money was not expended on direct costs or retained as allocable nondirect costs. In such a case, the governmental entity may void the contract to the extent the money was not expended on direct costs or retained as allocable nondirect costs, and the person shall be liable to the governmental entity for that amount.

(2) A contract made not more than one hundred eighty days before the judgment against the recipient became uncollectible between the recipient and an employee of the recipient or a business in which an employee of the recipient has a material financial interest, if the employee has direct knowledge of the use of the money that the recipient obtained pursuant to the contract with the governmental entity and either division (E)(1)(a) or (b) of this section applies;

(3) A contract between the recipient and another person pursuant to which the recipient has paid or agreed to pay money to the other person, to the extent that the other person has not yet performed its obligations under the contract;

(4) A contract made not more than one year before the judgment against the recipient became uncollectible between the recipient and a person other than the governmental entity if the other person has not given or agreed to give consideration of reasonable and substantial value for the consideration given by the recipient.

Sec. 9.237. The attorney general shall adopt rules in accordance with Chapter 119. of the Revised Code governing the terms of any contract entered into under section 9.231 of the Revised Code. The rules shall set forth all of the following:

(A) A definition of permissible components of direct costs, including a list of expenditures that may never be included in direct costs and a nonexclusive list of expenditures that may be included in direct costs pursuant to agreement of the parties;

(B) Permissible methods by which a recipient may keep records documenting direct costs and how long those records must be retained;

(C) Remedies not inconsistent with section 9.236 of the Revised Code in the event of a breach of the contract;

(D) Terms to be included in contracts between recipients and persons other than the governmental entity, including the notice of the remedies available to the governmental entity if the money under the contract with the governmental entity is not expended on direct costs or retained as allocable nondirect costs or, with respect to any contract described in division (A)(3) of section 9.231 of the Revised Code, is not earned under the terms of the contract with the governmental entity;

(E) Any other provisions that the attorney general considers necessary to carry out the purposes of sections 9.23 to 9.236 of the Revised Code.

Sec. 9.238. (A) The auditor of state shall prescribe a single form of the financial reviews required by divisions (B)(1) and (2) of section 9.234 of the Revised Code to be used for all governmental entities.

(B)The auditor of state may adopt rules in accordance with Chapter 119. of the Revised Code governing the form and content of the audit reports required by division (B)(3) of section 9.234 of the Revised Code and may prescribe a single form of the report to be used for all governmental entities. Upon request made by a recipient, the auditor of state shall, to the extent possible, require all governmental entities that have entered into a contract with that recipient under section 9.231 of the Revised Code to accept a particular audit report.

Sec. 9.239. (A) There is hereby created the government contracting advisory council. The attorney general and auditor of state shall consult with the council on the performance of their rule-making functions under sections 9.237 and 9.238 of the Revised Code and shall consider any recommendations of the council. The director of job and family services shall annually report to the council the cost methodology of the medicaid-funded services described in division (A)(3)(d) of section 9.231 of the Revised Code. The council shall consist of the following members or their designees:

(1) The attorney general;

(2) The auditor of state;

(3) The director of administrative services;

(4) The director of aging;

(5) The director of alcohol and drug addiction services;

(6) The director of budget and management;

(7) The director of development;

(8) The director of job and family services;

(9) The director of mental health;

(10) The director of mental retardation and developmental disabilities;

(11) The director of rehabilitation and correction;

(12) The administrator of workers' compensation;

(13) The executive director of the county commissioners' association of Ohio;

(14) The president of the Ohio grantmakers forum;

(15) The president of the Ohio chamber of commerce;

(16) The president of the Ohio state bar association;

(17) The president of the Ohio society of certified public accountants;

(18) The executive director of the Ohio association of nonprofit organizations;

(19) The president of the Ohio united way;

(20) One additional member appointed by the attorney general;

(21) One additional member appointed by the auditor of state.

(B) If an agency or organization represented on the council ceases to exist in the form it has on the effective date of this section, the successor agency or organization shall be represented in its place. If there is no successor agency or organization, or if it is not clear what agency or organization is the successor, the attorney general shall designate an agency or organization to be represented in place of the agency or organization originally represented on the council.

(C) The two members appointed to the council shall serve three-year terms. Original appointments shall be made not later than sixty days after the effective date of this section. Vacancies on the council shall be filled in the same manner as the original appointment.

(D) The attorney general or the attorney general's designee shall be the chairperson of the council. The council shall meet at least once every two years to review the rules adopted under sections 9.237 and 9.238 of the Revised Code and to make recommendations to the attorney general and auditor of state regarding the adoption, amendment, or repeal of those rules. The council shall also meet at other times as requested by the attorney general or auditor of state.

(E) Members of the council shall serve without compensation or reimbursement.

(F) The office of the attorney general shall provide necessary staff, facilities, supplies, and services to the council.

(G) Sections 101.82 to 101.87 of the Revised Code do not apply to the council.

Sec. 9.24. (A) Except as may be allowed under division (F) of this section, no state agency and no political subdivision shall award a contract as described in division (G)(1) of this section for goods, services, or construction, paid for in whole or in part with state funds, to a person against whom a finding for recovery has been issued by the auditor of state on and after January 1, 2001, if the finding for recovery is unresolved.

A contract is considered to be awarded when it is entered into or executed, irrespective of whether the parties to the contract have exchanged any money.

(B) For purposes of this section, a finding for recovery is unresolved unless one of the following criteria applies:

(1) The money identified in the finding for recovery is paid in full to the state agency or political subdivision to whom the money was owed;

(2) The debtor has entered into a repayment plan that is approved by the attorney general and the state agency or political subdivision to whom the money identified in the finding for recovery is owed. A repayment plan may include a provision permitting a state agency or political subdivision to withhold payment to a debtor for goods, services, or construction provided to or for the state agency or political subdivision pursuant to a contract that is entered into with the debtor after the date the finding for recovery was issued.

(3) The attorney general waives a repayment plan described in division (B)(2) of this section for good cause;

(4) The debtor and state agency or political subdivision to whom the money identified in the finding for recovery is owed have agreed to a payment plan established through an enforceable settlement agreement.

(5) The state agency or political subdivision desiring to enter into a contract with a debtor certifies, and the attorney general concurs, that all of the following are true:

(a) Essential services the state agency or political subdivision is seeking to obtain from the debtor cannot be provided by any other person besides the debtor;

(b) Awarding a contract to the debtor for the essential services described in division (B)(5)(a) of this section is in the best interest of the state;

(c) Good faith efforts have been made to collect the money identified in the finding of recovery.

(6) The debtor has commenced an action to contest the finding for recovery and a final determination on the action has not yet been reached.

(C) The attorney general shall submit an initial report to the auditor of state, not later than December 1, 2003, indicating the status of collection for all findings for recovery issued by the auditor of state for calendar years 2001, 2002, and 2003. Beginning on January 1, 2004, the attorney general shall submit to the auditor of state, on the first day of every January, April, July, and October, a list of all findings for recovery that have been resolved in accordance with division (B) of this section during the calendar quarter preceding the submission of the list and a description of the means of resolution. The attorney general shall notify the auditor of state when a judgment is issued against an entity described in division (F)(1) of this section.

(D) The auditor of state shall maintain a database, accessible to the public, listing persons against whom an unresolved finding for recovery has been issued, and the amount of the money identified in the unresolved finding for recovery. The auditor of state shall have this database operational on or before January 1, 2004. The initial database shall contain the information required under this division for calendar years 2001, 2002, and 2003.

Beginning January 15, 2004, the auditor of state shall update the database by the fifteenth day of every January, April, July, and October to reflect resolved findings for recovery that are reported to the auditor of state by the attorney general on the first day of the same month pursuant to division (C) of this section.

(E) Before awarding a contract as described in division (G)(1) of this section for goods, services, or construction, paid for in whole or in part with state funds, a state agency or political subdivision shall verify that the person to whom the state agency or political subdivision plans to award the contract has no unresolved finding for recovery issued against the person. A state agency or political subdivision shall verify that the person does not appear in the database described in division (D) of this section or shall obtain other proof that the person has no unresolved finding for recovery issued against the person.

(F) The prohibition of division (A) of this section and the requirement of division (E) of this section do not apply with respect to the companies or agreements described in divisions (F)(1) and (2) of this section, or in the circumstance described in division (F)(3) of this section.

(1) A bonding company or a company authorized to transact the business of insurance in this state, a self-insurance pool, joint self-insurance pool, risk management program, or joint risk management program, unless a court has entered a final judgment against the company and the company has not yet satisfied the final judgment.

(2) To medicaid provider agreements under Chapter 5111. of the Revised Code or payments or provider agreements under disability assistance medical assistance established under Chapter 5115. of the Revised Code.

(3) When federal law dictates that a specified entity provide the goods, services, or construction for which a contract is being awarded, regardless of whether that entity would otherwise be prohibited from entering into the contract pursuant to this section.

(G)(1) This section applies only to contracts for goods, services, or construction that satisfy the criteria in either division (G)(1)(a) or (b) of this division section. This section may apply to contracts for goods, services, or construction that satisfy the criteria in division (G)(1)(c) of this section, provided that the contracts also satisfy the criteria in either division (G)(1)(a) or (b) of this division section.

(a) The cost for the goods, services, or construction provided under the contract is estimated to exceed twenty-five thousand dollars.

(b) The aggregate cost for the goods, services, or construction provided under multiple contracts entered into by the particular state agency and a single person or the particular political subdivision and a single person within the fiscal year preceding the fiscal year within which a contract is being entered into by that same state agency and the same single person or the same political subdivision and the same single person, exceeded fifty thousand dollars.

(c) The contract is a renewal of a contract previously entered into and renewed pursuant to that preceding contract.

(2) This section does not apply to employment contracts.

(H) As used in this section:

(1) "State agency" has the same meaning as in section 9.66 of the Revised Code.

(2) "Political subdivision" means a political subdivision as defined in section 9.82 of the Revised Code that has received more than fifty thousand dollars of state money in the current fiscal year or the preceding fiscal year.

(3) "Finding for recovery" means a determination issued by the auditor of state, contained in a report the auditor of state gives to the attorney general pursuant to section 117.28 of the Revised Code, that public money has been illegally expended, public money has been collected but not been accounted for, public money is due but has not been collected, or public property has been converted or misappropriated.

(4) "Debtor" means a person against whom a finding for recovery has been issued.

(5) "Person" means the person named in the finding for recovery.

(6) "State money" does not include funds the state receives from another source and passes through to a political subdivision.

Sec. 9.241.  (A) As used in this section:

(1) "Governmental entity" and "a judgment is uncollectible" have the same meanings as in section 9.23 of the Revised Code.

(2) "Recipient" means a person that enters into or is awarded a contract with a governmental entity for the provision of goods, services, or construction.

(B) A recipient is liable to repay to the governmental entity any money received but not earned under the terms of the contract with the governmental entity.

(C)(1) A governmental entity may bring a civil action for the recovery of money due to the governmental entity from a recipient under division (B) of this section. In such an action, any person with which the recipient has contracted for the performance of the recipient's material obligations under the recipient's contract with the governmental entity may be made a party defendant if the person is unable to demonstrate to the satisfaction of the governmental entity that the person has materially complied with the terms of the contract with the recipient. In such a case, the person may be made a party defendant and the governmental entity may obtain a judgment against the person in accordance with division (C)(2) of this section.

(2) If a governmental entity obtains a judgment against a recipient in a civil action brought under division (C)(1) of this section and the judgment is uncollectible, the governmental entity may recover from the person with which the recipient contracted an amount not exceeding the lesser of the following:

(a) The unsatisfied amount of the judgment;

(b) The total amount received by the person from the recipient minus the total amount earned by the person under the terms of the recipient's contract with the governmental entity.

(D) If a governmental entity, pursuant to this section, obtains a judgment against a recipient or against a person with which the recipient contracted and that judgment debtor does not voluntarily pay the amount of the judgment, that judgment debtor shall be precluded from contracting with a governmental entity to the extent provided in divisions (A) and (B) of section 9.24 of the Revised Code for a debtor against whom a finding of recovery has been issued.

(E) In addition to other remedies provided in divisions (B) to (D) of this section, a governmental entity may void a contract between a recipient and another person for the performance by the other person of the recipient's obligations under the recipient's contract with the governmental entity to the extent that the other person has not yet performed its obligations under the contract.

(F) If a recipient is liable to repay money to a governmental entity under this section and the judgment obtained by the governmental entity against the recipient is uncollectible, then in addition to other remedies provided in divisions (B) to (D) of this section, and after the governmental entity has obtained a judgment against any necessary third party, the governmental entity may void any of the following contracts:

(1) A contract made not more than one hundred eighty days before the judgment against the recipient became uncollectible between the recipient and a director, trustee, or officer of the recipient or a business in which a director, trustee, or officer of the recipient has a material financial interest, if either of the following applies:

(a) The recipient has paid substantial value for property received and the property can be returned to the other person. If the property has experienced only normal wear and tear, the person shall be liable to the governmental entity for the full amount the recipient paid for the property. Otherwise, the person shall be liable to the governmental entity only for the market value of the property.

(b) The person with which the recipient contracted has received money that the recipient obtained pursuant to the contract with the governmental entity and has used the money other than for the performance of the contract. In such a case, the governmental entity may void the contract to the extent that the person has used the money other than for the performance of the contract, and the person shall be liable to the governmental entity for that amount.

(2) A contract made not more than one hundred eighty days before the judgment against the recipient became uncollectible between the recipient and an employee of the recipient or a business in which an employee of the recipient has a material financial interest, if the employee has direct knowledge of the use of the money that the recipient obtained pursuant to the contract with the governmental entity and either division (F)(1)(a) or (b) of this section applies;

(3) A contract between the recipient and another person pursuant to which the recipient has paid or agreed to pay money to the other person, to the extent that the other person has not yet performed its obligations under the contract;

(4) A contract made not more than one year before the judgment against the recipient became uncollectible between the recipient and a person other than the governmental entity if the other person has not given or agreed to give consideration of reasonable and substantial value for the consideration given by the recipient.

(G) This section does not apply with respect to any contract entered into by a governmental entity under section 9.231 of the Revised Code that is subject to section 9.236 of the Revised Code.

Sec. 9.833.  (A) As used in this section, "politicalsubdivision" means a municipal corporation, township, county,school district, or other body corporate and politic responsiblefor governmental activities in a geographic area smaller thanthat of the state, and agencies and instrumentalities of these entities. For purposes of this section, a school district is not a "political subdivision."

(B) Political subdivisions that provide health carebenefits for their officers or employees may do any of thefollowing:

(1) Establish and maintain an individual self-insuranceprogram with public moneys to provide authorized health carebenefits, including but not limited to, health care, prescription drugs, dental care, and vision care, in accordance with division (C) of this section;

(2) After establishing an individual self-insuranceprogram, agree with other political subdivisions that haveestablished individual self-insurance programs for health carebenefits, that their programs will be jointly administered in amanner specified in the agreement;

(3) Pursuant to a written agreement and in accordance withdivision (C) of this section, join in any combination with otherpolitical subdivisions to establish and maintain a jointself-insurance program to provide health care benefits;

(4) Pursuant to a written agreement, join in anycombination with other political subdivisions to procure orcontract for policies, contracts, or plans of insurance toprovide health care benefits for their officers and employeessubject to the agreement;

(5) Use in any combination any of the policies, contracts,plans, or programs authorized under this division.

(C) Except as otherwise provided in division (E) of thissection, the following apply to individual or jointself-insurance programs established pursuant to this section:

(1) Such funds shall be reserved as are necessary, in theexercise of sound and prudent actuarial judgment, to coverpotential cost of health care benefits for the officers andemployees of the political subdivision. A report of amounts soreserved and disbursements made from such funds, together with awritten report of a member of the American academy of actuariescertifying whether the amounts reserved conform to therequirements of this division, are computed in accordance withaccepted loss reserving standards, and are fairly stated inaccordance with sound loss reserving principles, shall beprepared and maintained, within ninety days after the last day ofthe fiscal year of the entity for which the report is providedfor that fiscal year, in the office of the program administratordescribed in division (C)(3) of this section.

The report required by division (C)(1) of this sectionshall include, but not be limited to, disbursements made for theadministration of the program, including claims paid, costs of thelegal representation of political subdivisions and employees, andfees paid to consultants.

The program administrator described in division (C)(3) ofthis section shall make the report required by this divisionavailable for inspection by any person at all reasonable timesduring regular business hours, and, upon the request of suchperson, shall make copies of the report available at cost withina reasonable period of time.

(2) Each political subdivision shall reserve fundsnecessary for an individual or joint self-insurance program in aspecial fund that may be established for political subdivisions other than an agency or instrumentality pursuant to an ordinance orresolution of the political subdivision and not subject tosection 5705.12 of the Revised Code. An agency or instrumentality shall reserve the funds necessary for an individual or joint self-insurance program in a special fund established pursuant to a resolution duly adopted by the agency's or instrumentality's governing board. The political subdivisionmay allocate the costs of insurance or any self-insuranceprogram, or both, among the funds or accounts in thesubdivision's treasury established under this division on the basis of relative exposure and lossexperience.

(3) A contract may be awarded, without the necessity ofcompetitive bidding, to any person, political subdivision,nonprofit corporation organized under Chapter 1702. of theRevised Code, or regional council of governments created underChapter 167. of the Revised Code for purposes of administrationof an individual or joint self-insurance program. No suchcontract shall be entered into without full, prior, publicdisclosure of all terms and conditions. The disclosure shallinclude, at a minimum, a statement listing all representationsmade in connection with any possible savings and losses resultingfrom the contract, and potential liability of any politicalsubdivision or employee. The proposed contract and statementshall be disclosed and presented at a meeting of the politicalsubdivision not less than one week prior to the meeting at whichthe political subdivision authorizes the contract.

A contract awarded to a nonprofit corporation or a regional council of governments under this division may provide that all employees of the nonprofit corporation or regional council of governments and the employees of all entities related to the nonprofit corporation or regional council of governments may be covered by the individual or joint self-insurance program under the terms and conditions set forth in the contract.

(4) The individual or joint self-insurance program shallinclude a contract with a member of the American academy ofactuaries for the preparation of the written evaluation of thereserve funds required under division (C)(1) of this section.

(5) A joint self-insurance program may allocate the costsof funding the program among the funds or accounts in thetreasuries of established under this division to the participating political subdivisions on thebasis of their relative exposure and loss experience.

(6) An individual self-insurance program may allocate the costs of fundingtheprogram among the funds or accounts in the treasury of established under this division to the politicalsubdivision that established the program.

(7) Two or more political subdivisions may also authorizethe establishment and maintenance of a joint health care costcontainment program, including, but not limited to, the employmentof risk managers, health care cost containment specialists, andconsultants, for the purpose of preventing and reducing healthcare costs covered by insurance, individual self-insurance, or jointself-insurance programs.

(8) A political subdivision is not liable under a jointself-insurance program for any amount in excess of amountspayable pursuant to the written agreement for the participationof the political subdivision in the joint self-insurance program.Under a joint self-insurance program agreement, a politicalsubdivision may, to the extent permitted under the writtenagreement, assume the risks of any other political subdivision. A joint self-insurance program established under this section isdeemed a separate legal entity for the public purpose of enablingthe members of the joint self-insurance program to obtaininsurance or to provide for a formalized, jointly administeredself-insurance fund for its members. An entity created pursuantto this section is exempt from all state and local taxes.

(9) Any political subdivision, other than an agency or instrumentality, may issue general obligationbonds, or special obligation bonds that are not payable fromreal or personal property taxes, and may also issue notes inanticipation of such bonds, pursuant to an ordinance orresolution of its legislative authority or other governing bodyfor the purpose of providing funds to pay expenses associatedwith the settlement of claims, whether by way of a reserve orotherwise, and to pay the political subdivision's portion of thecost of establishing and maintaining an individual or jointself-insurance program or to provide for the reserve in thespecial fund authorized by division (C)(2) of this section.

In its ordinance or resolution authorizing bonds or notesunder this section, a political subdivision may elect to issuesuch bonds or notes under the procedures set forth in Chapter133. of the Revised Code. In the event of such an election,notwithstanding Chapter 133. of the Revised Code, the maturity ofthe bonds may be for any period authorized in the ordinance orresolution not exceeding twenty years, which period shall be themaximum maturity of the bonds for purposes of section 133.22 ofthe Revised Code.

Bonds and notes issued under this section shall not beconsidered in calculating the net indebtedness of the politicalsubdivision under sections 133.04, 133.05, 133.06, and 133.07 ofthe Revised Code. Sections 9.98 to 9.983 of the Revised Code arehereby made applicable to bonds or notes authorized under thissection.

(10) A joint self-insurance program is not an insurancecompany. Its operation does not constitute doing an insurancebusiness and is not subject to the insurance laws of this state.

(D) A political subdivision may procure group life insurance for its employees in conjunction with an individual or joint self-insurance program authorized by this section, provided that the policy of group life insurance is not self-insured.

(E) Divisions (C)(1), (2), and (4) of this section do notapply to individual self-insurance programs in municipalcorporations, townships, or counties.

(F) A public official or employee of a political subdivision who is or becomes a member of the governing body of the program administrator of a joint self-insurance program in which the political subdivision participates is not in violation of division (D) or (E) of section 102.03, division (C) of section 102.04, or section 2921.42 of the Revised Code as a result of either of the following:

(1) The political subdivision's entering under this section into the written agreement to participate in the joint self-insurance program;

(2) The political subdivision's entering under this section into any other contract with the joint self-insurance program.

Sec. 9.90.  (A) The governing board of any publicinstitution of higher education, including without limitationstate universities and colleges, community college districts,university branch districts, technical college districts, andmunicipal universities, or the board of education of any schooldistrict, may, in addition to all other powers provided in theRevised Code:

(1) Contract for, purchase, or otherwise procure from aninsurer or insurers licensed to do business by the state of Ohiofor or on behalf of such of its employees as it may determine,life insurance, or sickness, accident, annuity, endowment,health, medical, hospital, dental, or surgical coverage andbenefits, or any combination thereof, by means of insurance plansor other types of coverage, family, group or otherwise, and maypay from funds under its control and available for such purposeall or any portion of the cost, premium, or chargefor such insurance, coverage, or benefits. However, the governingboard, in addition to or as an alternative to the authority otherwisegranted by division (A)(1) of this section, may elect to procurecoverage for health care services, for or on behalf of such of its employeesas it may determine, by means of policies,contracts, certificates, or agreements issued by at least twohealth insuring corporations holding a certificate of authorityunder Chapter 1751. of the Revised Code and maypay from fundsunder the governing board's control and available for such purpose all orany portion of the cost of such coverage.

(2) Make payments to a custodial account for investment inregulated investment company stock for the purpose of providingretirement benefits as described in section 403(b)(7) of theInternal Revenue Code of 1954, as amended. Such stock shall bepurchased only from persons authorized to sell such stock in thisstate.

Any income of an employee deferred under divisions (A)(1)and (2) of this section in a deferred compensation programeligible for favorable tax treatment under the Internal RevenueCode of 1954, as amended, shall continue to be included asregular compensation for the purpose of computing thecontributions to and benefits from the retirement system of suchemployee. Any sum so deferred shall not be included in thecomputation of any federal and state income taxes withheld onbehalf of any such employee.

(B) All or any portion of the cost, premium, or chargetherefor may be paid in such other manner or combination ofmanners as the governing board or the school board may determine,including direct payment by the employee in cases under division(A)(1) of this section, and, if authorized in writing by theemployee in cases under division (A)(1) or (2) of this section,by such governing board or school board with moneys madeavailable by deduction from or reduction in salary or wages or bythe foregoing of a salary or wage increase. Division (B)(7) ofsection 3917.01 and the last paragraph of section 3917.06 of theRevised Code shall not prohibit the issuance or purchase of grouplife insurance authorized by this section by reason of payment ofpremiums therefor by the governing board or the school board fromits funds, and such group life insurance may be so issued andpurchased if otherwise consistent with the provisions of sections3917.01 to 3917.07 of the Revised Code.

(C) The board of education of any school district may exercise any of the powers granted to the governing boards of public institutions of higher education under divisions (A) and (B) of this section, except in relation to the provision of health care benefits to employees. All health care benefits provided to persons employed by the public schools of this state shall be medical plans designed by the school employees health care board pursuant to section 9.901 of the Revised Code.

Sec. 9.901.  (A)(1) All health care benefits provided to persons employed by the public schools of this state shall be provided by medical plans designed pursuant to this section by the school employees health care board. The board, in consultation with the superintendent of insurance, shall negotiate with and, in accordance with the competitive selection procedures of Chapter 125. of the Revised Code, contract with one or more insurance companies authorized to do business in this state for the issuance of the plans. Any or all of the medical plans designed by the board may be self-insured. All self-insured plans adopted shall be administered by the board in accordance with this section. As used in this section, a "public school" means a school in a city, local, exempted village, or joint vocational school district, and includes the educational service centers associated with those schools.

(2) Prior to soliciting proposals from insurance companies for the issuance of medical plans, the board shall determine what geographic regions exist in the state based on the availability of providers, networks, costs, and other factors relating to providing health care benefits. The board shall then determine what medical plans are offered by school districts and existing consortiums in the state. The board shall determine what medical plan offered by a school district or existing consortium in the region offers the lowest premium cost plan.

(3) The board shall develop a request for proposals and solicit bids for medical plans for the school districts in a region similar to the existing plans. The board shall also determine the benefits offered by existing medical plans, the employees' costs, and the cost-sharing arrangements used by public schools participating in a consortium. The board shall determine what strategies are used by the existing medical plans to manage health care costs and shall study the potential benefits of state or regional consortiums of public schools offering multiple health care plans.

(4) As used in this section, a "medical plan" includes group policies, contracts, and agreements that provide hospital, surgical, or medical expense coverage, including self-insured plans. A "medical plan" does not include an individual plan offered to the employees of a public school, or a plan that provides coverage only for specific disease or accidents, or a hospital indemnity, medicare supplement, or other plan that provides only supplemental benefits, paid for by the employees of a public school.

(B) The school employees health care board is hereby created. The school employees health care board shall consist of the following nine members and shall include individuals with experience with public school benefit programs, health care industry providers, and medical plan beneficiaries:

(1) Three members appointed by the governor;

(2) Three members appointed by the president of the senate;

(3) Three members appointed by the speaker of the house of representatives.

A member of the school employees health care board shall not be employed by, represent, or in any way be affiliated with a private entity that is providing services to the board, an individual school district, employers, or employees in the state of Ohio.

(C)(1) Members of the school employees health care board shall serve four-year terms; however, one of each of the initial members appointed under divisions (B)(1) to (3) of this section shall be appointed to a term of one year. The initial appointments under this section shall be made within forty-five days after the effective date of this section.

Members' terms shall end on the same day of the same month as the effective date of this section, but a member shall continue to serve subsequent to the expiration of the member's term until a successor is appointed. Any vacancy occurring during a member's term shall be filled in the same manner as the original appointment, except that the person appointed to fill the vacancy shall be appointed to the remainder of the unexpired term.

(2) Members shall serve without compensation but shall be reimbursed from the school employees health care fund for actual and necessary expenses incurred in the performance of their official duties as members of the board.

(3) Members may be removed by their appointing authority for misfeasance, malfeasance, incompetence, dereliction of duty, or other just cause.

(D)(1) The governor shall call the first meeting of the school employees health care board. At that meeting, and annually thereafter, the board shall elect a chairperson and may elect members to other positions on the board as the board considers necessary or appropriate. The board shall meet at least four times each calendar year and shall also meet at the call of the chairperson or three or more board members. The chairperson shall provide reasonable advance notice of the time and place of board meetings to all members.

(2) A majority of the board constitutes a quorum for the transaction of business at a board meeting. A majority vote of the members present is necessary for official action.

(E) The school employees health care board shall conduct its business at open meetings; however, the records of the board are not public records for purposes of section 149.43 of the Revised Code.

(F) The school employees health care fund is hereby created in the state treasury. The public schools shall pay all school employees health care board plan premiums in the manner prescribed by the school employees health care board to the board for deposit into the school employees health care fund. All funds in the school employees health care fund shall be used solely for the provision of health care benefits to public schools employees pursuant to this section and related administrative costs. Premiums received by the board or insurance companies contracted pursuant to division (A) of this section are not subject to any state insurance premium tax.

(G) The school employees health care board shall do all of the following:

(1) Design multiple medical plans, including regional plans, to provide, in the board's judgment, the optimal combination of coverage, cost, choice, and stability of health cost benefits. The board may establish more than one tier of premium rates for any medical plan. The board shall establish regions as necessary for the implementation of the board's medical plans. Plans and premium rates may vary across the regions established by the board.

(2) Set an aggregate goal for employee and employer portions of premiums for the board's medical plans so as to manage plan participation and encourage the use of value-based plan participation by employees;

(3) Set employer and employee plan copayments, deductibles, exclusions, limitations, formularies, premium shares, and other responsibilities;

(4) Include disease management and consumer education programs, to the extent that the board determines is appropriate, in all medical plans designed by the board, which programs shall include, but are not limited to, wellness programs and other measures designed to encourage the wise use of medical plan coverage. These programs are not services or treatments for purposes of section 3901.71 of the Revised Code.

(5) Create and distribute to the governor, the speaker of the house of representatives, and the president of the senate, an annual report covering the plan background; plan coverage options; plan administration, including procedures for monitoring and managing objectives, scope, and methodology; plan operations; employee and employer contribution rates and the relationship between the rates and the school employees health care fund balance; a means to develop and maintain identity and evaluate alternative employee and employer cost-sharing strategies; an evaluation of the effectiveness of cost-saving services and programs; an evaluation of efforts to control and manage member eligibility and to insure that proper employee and employer contributions are remitted to the trust fund; efforts to prevent and detect fraud; and efforts to manage and monitor board contracts;

(6) Utilize cost containment measures aligned with patient, plan, and provider management strategies in developing and managing medical plans.

(H) The sections in Chapter 3923. of the Revised Code regulating public employee benefit plans are not applicable to the medical plans designed pursuant to this section.

(I)(1) Public schools are not subject to this section prior to the release of medical plans designed pursuant to this section.

(2) Prior to the school employees health care board's release of the board's initial medical plans, the board shall contract with an independent consultant to analyze costs related to employee health care benefits provided by existing school district plans in this state. The consultant shall determine the benefits offered by existing medical plans, the employees' costs, and the cost-sharing arrangements used by public schools either participating in a consortium or by other means. The consultant shall determine what strategies are used by the existing medical plans to manage health care costs and shall study the potential benefits of state or regional consortiums of public schools offering multiple health care plans. Based on the findings of the analysis, the consultant shall submit written recommendations to the board for the development and implementation of a successful program for pooling school districts' purchasing power for the acquisition of employee medical plans. The consultant's recommendations shall address, at a minimum, all of the following issues:

(a) The establishment of regions for the provision of medical plans, based on the availability of providers and plans in the state at the time that the school employees health care board is established;

(b) The use of regional preferred provider and closed panel plans, health savings accounts, and alternative medical plans, to stabilize both costs and the premiums charged school districts and district employees;

(c) The development of a system to obtain eligibility data and data compiled pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), 100 Stat. 227, 29 U.S.C. 1161, as amended;

(d) The use of the competitive bidding process for regional medical plans;

(e) The development of a timeline planning for the design and use of board medical plans by not later than December 31, 2007;

(f) The use of information on claims and costs and of information reported by districts pursuant to COBRA in analyzing administrative and premium costs;

(g) The experience of states that have mandated statewide medical plans for public school employees, including the implementation strategies used by those states;

(h) Recommended strategies for the use of first-year roll-in premiums in the transition from district medical plans to school employees health care board plans;

(i) The option of allowing school districts to join an existing regional consortium as an alternative to school employees health care board plans;

(j) Mandatory and optional coverages to be offered by the board's medical plans;

(k) Potential risks to the state from the use of medical plans developed pursuant to this section;

(l) Any legislation needed to ensure the long-term financial solvency and stability of a health care purchasing system;

(m) The potential impacts of any changes to the existing purchasing structure on all of the following:

(i) Existing health care pooling and consortiums;

(ii) School district employees;

(iii) Individual school districts.

(n) Issues that could arise when school districts transition from the existing purchasing structure to a new purchasing structure;

(o) Strategies available to the board in the creation of fund reserves and the need for stop-loss insurance coverage for catastrophic losses;

(p) Any legislation needed to establish and maintain medical plans designed pursuant to this section. The consultant shall submit all legislative recommendations not later than December 31, 2005, in writing, to the school employees health care board and to the governor, the speaker of the house of representatives, and the president of the senate.

(3) The public schools health care advisory committee is hereby created under the school employees health care board. The committee shall make recommendations to the school employees health care board related to the board's accomplishment of the duties assigned to the board under this section. The committee shall consist of eighteen members. The governor, the speaker of the house of representatives, and the president of the senate shall each appoint a representative from the Ohio education association, the Ohio school boards association, the Ohio association of school business officials, the Ohio association of health underwriters, an existing health care consortium serving public schools, and a health insuring corporation licensed to do business in Ohio and recommended by the Ohio association of health plans. The initial appointees shall be appointed to a one-year term not later than July 31, 2005, the members' term to begin on that date. Subsequent one-year appointments, to commence on the thirty-first day of July of each year, shall be made in the same manner. A member shall continue to serve subsequent to the expiration of the member's term until the member's successor is appointed. Any vacancy occurring during a member's term shall be filled in the same manner as the original appointment, except that the person appointed to fill the vacancy shall be appointed to the remainder of the unexpired term. The governor shall call the first meeting of each newly appointed committee. At that meeting the board shall elect a chairperson who shall call the time and place of future committee meetings. Committee members are not subject to the conditions for eligibility set by division (B) of this section for members of the school employees health care board.

(4) The school employees health care board shall submit a written study to the governor and the general assembly not later than January 15, 2006, of a plan to operate in compliance with this section, and on the governance of the school employees health care board. A copy of the board's plan of operation, including audit provisions, shall accompany the report on the board's governance and the report shall include the board's recommendations on any legislation needed to enforce the recommendations of the board on implementing the provisions of this section.

(5) Not later than January 15, 2009, and not later than the same day of each subsequent year, the school employees health care board shall submit a written report to the governor and each member of the general assembly, which report evaluates the performance of school employees health care board medical plans during the previous year. Districts offering employee health care benefits through a plan offered by a consortium of two or more districts, or a consortium of one or more districts and one or more political subdivisions as defined in section 9.833 of the Revised Code, representing five thousand or more employees as of January 1, 2005, may request permission from the school employees health care board to continue offering consortium plans to the districts' employees at the discretion of the board. If the board grants permission, the permission is valid for only one year but may be renewed annually thereafter upon application to an approval of the board. The board shall grant initial or continued approval upon finding, based on an actuarial evaluation of the existing consortium plan offerings, that benefit design, premium costs, administrative cost, and other factors considered by the board are equivalent to or lower than comparable costs of the board's plan options offered to the local district. Age and gender adjustments, benefit comparison adjustments, and the total cost of the consortium plan, including administration, benefit cost, stop-loss insurance, and all other expenses or information requested by the board shall be presented to the board prior to the board's decision to allow a local district to continue to offer health care benefits under a consortium plan. A district shall not participate in the consortium plan once the district has chosen to offer plans designed by the board to the district's employees and begins premium payments for deposit into the school employees health care fund.

(6) Any districts providing medical plan coverage for the employees of public schools, or that have provided coverage within two years prior to the effective date of this section, shall provide nonidentifiable aggregate claims data for the coverage to the school employees health care board or the department of administrative services, without charge, within thirty days after receiving a written request from the board or the department. The claims data shall include data relating to employee group benefit sets, demographics, and claims experience.

(J) The school employees health care board may contract with other state agencies as the board deems necessary for the implementation and operation of this section, based on demonstrated experience and expertise in administration, management, data handling, actuarial studies, quality assurance, or other needed services. The school employees health care board shall contract with the department of administrative services for central services until the board is able to obtain such services from other sources. The board shall reimburse the department of administrative services for the reasonable cost of those services.

(K) The board's administrative functions shall include, but are not limited to, the following:

(1) Maintaining reserves in the school employees health care fund, reinsurance, and other measures that in the judgment of the board will result in the long-term stability and solvency of the medical plans designed by the board. The board shall bill school districts, in proportion to a district's premium payments to all premium payments paid into the school employees health care fund during the previous year, in order to maintain necessary reserves, reinsurance, and administrative and operating funds. Each school district contributing to a board medical plan shall share any losses due to the expense of claims paid by the plan. In the event of a loss, the board may bill each district an amount, in proportion to the district's premium payments to all premium payments paid into the school employees health care fund during the previous year, sufficient in total to cover the loss. The state is not liable for any obligations of the school employees health care board or the school employees health care fund, or for expenses of public schools or school districts related to the board's medical plans.

(2) Providing health care information, wellness programs, and other preventive health care measures to medical plan beneficiaries, to the extent that the board determines to be appropriate;

(3) Coordinating contracts for services related to the board's medical plans. Contracts shall be approved by the school employees health care board.

(L) Not less than ninety days before coverage begins for public school employees under medical plans designed by the school employees health care board, a school district's board of education shall provide detailed information about the medical plans to the employees.

(M) Nothing in this section shall be construed as prohibiting public schools or school districts from consulting with and compensating insurance agents and brokers for professional services.

(N) The department of administrative services shall report to the governor, the speaker of the house of representatives, and the president of the senate within eighteen months after the effective date of this section on the feasibility of achieving all of the following:

(1) Designing multiple medical plans to cover persons employed by public institutions of higher education that achieve an optimal combination of coverage, cost, choice, and stability, which plans include both state and regional preferred provider plans, set employee and employer premiums, and set employee plan copayments, deductibles, exclusions, limitations, formularies, and other responsibilities. For this purpose, "public institutions of higher education" include, without limitation, state universities and colleges, state community college districts, community college districts, university branch districts, technical college districts, and municipal universities.

(2) Maintaining reserves, reinsurance, and other measures to insure the long-term stability and solvency of the medical plans;

(3) Providing appropriate health care information, wellness programs, and other preventive health care measures to medical plan beneficiaries;

(4) Coordinating contracts for services related to the medical plans.

Sec. 9.981.  (A) Sections 9.98 to 9.983 of the RevisedCodeare applicable to bonds:

(1) The payment of the debt service on which is to beprovided for directly or indirectly by payments contracted to bemade in the bond proceedings by the absolute obligors, beingpersons other than the issuer; and

(2) Which are authorized to be issued under sections122.39to 122.62, Chapter 165., 902., 3377., 3706., division(A)(4)ofsection 4582.06, division(A)(8) of section 4582.31,section4582.48, or Chapter6121. or 6123. of the Revised Code,notwithstanding otherprovisions therein.

(B) Sections 9.98 to 9.983 of the Revised Code areapplicable to bonds issued under sections 306.37 and 6119.12 of the Revised Code and Chapters 133., 140., 152., 154., 175.,and 349. of the Revised Code, and to any bonds authorized underlaws which expressly make those sections applicable.

(C) Subject to division (A) of this section, the authorityprovided in sections 9.98 to 9.983 of the Revised Code issupplemental to and not in derogation of any similar authorityprovided by, derived from, or implied by, any law, the OhioConstitution, or any charter, resolution,or ordinance, and noinference shall be drawn to negate the authority thereunder byreason of the express provisions of sections 9.98 to 9.983 of theRevised Code.

(D) Sections 9.98 to 9.983 of the Revised Code shall beliberally construed to permit flexibility in the arrangementstherein provided to enhance the issuance of such bonds andprovidefor terms most beneficial and satisfactory to the personswhichundertake to provide for their payment, security, andliquidity.

Sec. 101.391.  (A) There is hereby created the jointlegislativecommittee onmedicaid technology and reform. The committeemayreview or study any matter that it considers relevant to the operation of themedicaid programestablished underChapter 5111. of theRevisedCode, with priority given to the study or review of mechanisms to enhance the program's effectiveness through improved technology systems and program reform.

(B) The committee shall consist of five membersof the house of representatives appointed bythespeaker of thehouse of representatives and five members of the senateappointedbythe president of the senate. Not more than three membersappointed by thespeaker of the house of representatives and notmore than three membersappointed by the president of the senate maybe of the same political party.

Each member of the committee shall hold office during thegeneral assemblyin which the member is appointed and until asuccessor has been appointed,notwithstanding the adjournment sinedie of the general assembly in which themember was appointed orthe expiration of the member's term as a member of thegeneralassembly. Any vacancies occurring among the members of thecommitteeshall be filled in the manner of the originalappointment.

(C) The committee has the same powers as other standing or selectcommittees ofthe general assembly. The committee may employ an executive director.

Sec. 101.68.  (A) Within Subject to division (D) of this section, within thirty days of the convening ofthe first regular session of the general assembly, each agencyrequired to submit reports or similar documents to the generalassembly pursuant to section 103.43, 3301.07, 5139.33,5501.07, 5537.17, or 5593.21 of the Revised Code shall sendwritten notice to each member of the general assembly in order todetermine whether the member desires to personally receive thereports or similar documents as they are made available by theagency. If the member desires to personally receive the reportsor similar documents as they become available, the member shallsend a written request to the agency within thirty days ofreceiving the notice.

(B) Whenever any statute or rule requires that a report,recommendation, or other similar document be submitted to thegeneral assembly under a law not cited in division (A) of thissection, to the members of the general assembly, to one house ofthe general assembly, or to the members of one house of thegeneral assembly, the requirement shall be fulfilled by thesubmission of a copy of the report, recommendation, or documentto the director of the legislative service commission, thepresident of the senate, the minority leader of the senate, thespeaker of the house of representatives, and the minority leaderof the house of representatives if both houses of the generalassembly or their members are specified, or to the director ofthe legislative service commission, the president of the senate,and the minority leader of the senate if only the senate or itsmembers are specified, or to the director of the legislativeservice commission, the speaker of the house of representatives,and the minority leader of the house of representatives if onlythe house of representatives or its members are specified. Thisdivision does not apply to items required to be distributed tomembers of the general assembly pursuant to section 103.14,149.04, 149.07, or 149.17 of the Revised Code.

(C) Each month the legislative service commission shallprovide to each member of the senate and to each member of thehouse of representatives a list of all reports, recommendations,and documents submitted to the officers of the general assemblyunder division (B) of this section. The list shall include ashort and accurate description of the content, length, and formof each report, recommendation, or document submitted, as well asa statement setting forth the number printed, if applicable, and the cost ofpreparation. Each member may request from the legislativeservice commission a copy of any report, recommendation, ordocument on the list, and the legislative service commissionshall comply with any such request.

(D) Notwithstanding any provision of the Revised Code to the contrary, whenever any statute or rule requires that an agency submit a report, recommendation, or other similar document to the general assembly or otherwise as described in division (B) of this section in a paper, book, or other hard copy format, the report, recommendation, or other document, to the extent technologically feasible, shall be submitted to the general assembly or otherwise as described in division (B) of this section through electronic means, rather than in the hard copy format, and shall be displayed by the agency on a web site it maintains.

Sec. 102.02.  (A) Except as otherwise provided in division(H) of this section, all of the following shall file with the appropriate ethics commission the disclosure statement described in this division on a form prescribed by the appropriate commission: every person who is elected to or is acandidate for a state, county, or city office and every person who isappointed to fill a vacancy for an unexpired term in such anelective office; all members of the state board of education;thedirector, assistant directors, deputydirectors, division chiefs,or persons of equivalent rank of anyadministrative department ofthe state; the president or otherchief administrative officer ofevery state institution of highereducation as defined in section3345.011 of the Revised Code; the executive director and the members of the capitol square review and advisory board appointed or employed pursuant to section 105.41 of the Revised Code; thechief executive officer and the members of the board of eachstate retirement system; each employee of a state retirement board who is a state retirement system investment officer licensed pursuant to section 1707.163 of the Revised Code; the members of the Ohio retirement study council appointed pursuant to division (C) of section 171.01 of the Revised Code; employees of the Ohio retirement study council, other than employees who perform purely administrative or clerical functions; the administrator of workers' compensation and each voting member of the workers' compensation oversight commission; the chief investment officer of the bureau of workers' compensation; allmembers of the board of commissionerson grievances anddiscipline of the supreme court and the ethicscommission createdunder section 102.05 of the Revised Code; everybusiness manager,treasurer, or superintendent of a city, local,exempted village,joint vocational, or cooperative educationschooldistrict or an educational service center; every person whois electedto or is a candidate forthe office of member of aboard of education of a city, local,exempted village, jointvocational, or cooperativeeducation school district or of agoverning board of an educational servicecenter that has a totalstudent count of twelve thousand or more as mostrecentlydetermined by the department of education pursuant to section3317.03ofthe Revised Code; every person who is appointed to theboard of educationof a municipal school district pursuant todivision (B) or(F) of section 3311.71 of the Revised Code; allmembers of the board ofdirectors of a sanitary district that isestablished under Chapter 6115.of the Revised Code and organizedwholly for the purpose of providing a watersupply fordomestic,municipal, and public use, and that includes two municipal corporationsin two counties; every public official oremployee who is paid asalary or wage in accordance with schedule C of section 124.15 orschedule E-2 of section 124.152 of the Revised Code; members ofthe boardof trustees and the executive director of the tobaccouse prevention andcontrol foundation; members of the board oftrustees and the executivedirector of the southern Ohioagricultural and community developmentfoundation; and everyother public official or employeewho is designated by theappropriate ethics commission pursuant todivision (B) of thissection.

The disclosure statement shall include all of the following:

(1) The name of the person filing the statement and eachmember of the person's immediate family and all names underwhichtheperson or members of the person's immediate family dobusiness;

(2)(a) Subject to divisions (A)(2)(b) and (c) of thissection and except as otherwise provided in section 102.022 oftheRevised Code, identification of every source of income, otherthanincome from a legislative agent identified in division(A)(2)(b)of this section, received during the preceding calendaryear, inthe person's own name or by any other person forthe person's useorbenefit, by the person filing the statement, and a briefdescription of the nature of the services for which the incomewasreceived. If the person filing the statement is a member ofthegeneral assembly, the statement shall identify the amount ofeverysource of income received in accordance with the followingrangesof amounts: zero or more, but less than one thousanddollars; onethousand dollars or more, but less than ten thousanddollars; tenthousand dollars or more, but less than twenty-fivethousanddollars; twenty-five thousand dollars or more, but lessthan fiftythousand dollars; fifty thousand dollars or more, butless thanone hundred thousand dollars; and one hundred thousanddollars ormore. Division (A)(2)(a) of this section shall not beconstruedto require a person filing the statement who derivesincome from abusiness or profession to disclose the individualitems of incomethat constitute the gross income of that businessor profession,except for those individual items of income thatare attributableto the person's or, if the income is shared withthe person, thepartner's, solicitation of services or goods orperformance,arrangement, or facilitation of services orprovision of goods onbehalf of the business or profession ofclients, includingcorporate clients, who are legislative agents. A person whofiles thestatement under this section shall disclose theidentity of andthe amount of income received from a personwhothe publicofficial or employee knows or has reason to know isdoing orseeking to do business of any kind with the publicofficial's oremployee's agency.

(b) If the person filing the statement is a member of thegeneral assembly, the statement shall identify every source ofincome and the amount of that income that was received from alegislative agent during the preceding calendar year, in the person'sown nameor byany other person for the person's use or benefit, by theperson filing thestatement, and a brief description of the natureof the servicesfor which the income was received. Division(A)(2)(b) of thissection requires the disclosure of clients ofattorneys orpersons licensed under section 4732.12 of the RevisedCode, orpatients of persons certified under section 4731.14 oftheRevised Code, if those clients or patients are legislativeagents. Division (A)(2)(b) of this section requires a personfiling thestatement who derives income from a business orprofession todisclose those individual items of income thatconstitute thegross income of that business or profession thatare receivedfrom legislative agents.

(c) Except as otherwise provided in division (A)(2)(c) ofthis section, division (A)(2)(a) of this section applies toattorneys, physicians, and other persons who engage in thepractice of a profession and who, pursuant to a section of theRevised Code, the common law of this state, a code of ethicsapplicable to the profession, or otherwise, generally arerequirednot to reveal, disclose, or use confidences of clients,patients,or other recipients of professional services exceptunderspecified circumstances or generally are required tomaintainthose types of confidences as privileged communicationsexceptunder specified circumstances. Division (A)(2)(a) of thissectiondoes not require an attorney, physician, or otherprofessionalsubject to a confidentiality requirement asdescribed in division(A)(2)(c) of this section to disclose thename, other identity, oraddress of a client, patient, or otherrecipient of professionalservices if the disclosure wouldthreaten the client, patient, orother recipient of professionalservices, would reveal details ofthe subject matter for whichlegal, medical, or professionaladvice or other services weresought, or would reveal an otherwiseprivileged communicationinvolving the client, patient, or otherrecipient of professionalservices. Division (A)(2)(a) of thissection does not require anattorney, physician, or otherprofessional subject to aconfidentiality requirement as describedin division (A)(2)(c) ofthis section to disclose in the briefdescription of the natureof services required by division(A)(2)(a) of this section anyinformation pertaining to specificprofessional services renderedfor a client, patient, or otherrecipient of professionalservices that would reveal details ofthe subject matter forwhich legal, medical, or professionaladvice was sought or wouldreveal an otherwise privilegedcommunication involving theclient, patient, or other recipient ofprofessional services.

(3) The name of every corporation on file with thesecretaryof state that is incorporated in this state orholds acertificateof compliance authorizing it to do business in thisstate, trust,business trust, partnership, or association thattransactsbusiness in this state in which the person filingthe statement orany other person for the person's use andbenefit had duringthepreceding calendar year an investment of over one thousanddollarsat fair market value as of the thirty-first day ofDecember of thepreceding calendar year, or the date ofdisposition, whichever isearlier, or in which the person holdsany office or has afiduciary relationship, and a description ofthe nature of theinvestment, office, or relationship. Division(A)(3) of thissection does not requiredisclosure of the name of any bank,savings and loan association, credit union, or building and loanassociation with which the person filing the statement has adeposit or a withdrawable share account.

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

(5) The names of all persons residing or transactingbusiness in the state to whom the person filing the statementowes, in the person's own name or in the name of any otherperson,morethan one thousand dollars. Division (A)(5)of this sectionshall not be construedto require the disclosure of debts owed bythe person resultingfrom the ordinary conduct of a business orprofession or debts onthe person's residence or real propertyused primarily forpersonal recreation, except that thesuperintendent of financialinstitutions shall disclose thenamesof allstate-chartered savings and loan associations and ofallservicecorporations subject to regulation under division (E)(2)ofsection 1151.34 of the Revised Code to whom the superintendentinthe superintendent's own name or in the name of any otherperson owes any money,and that the superintendent and any deputysuperintendent of banks shall disclose the names of allstate-charteredbanks and all bank subsidiary corporations subjectto regulationunder section 1109.44 of the Revised Code to whomthe superintendent or deputy superintendent owes any money.

(6) The names of all persons residing or transactingbusiness in the state, other than a depository excluded underdivision (A)(3) of this section, who owe more than onethousanddollars to the person filing the statement, either in theperson'sownname or to any person for the person's use or benefit.Division(A)(6) of this sectionshall not be construed to requirethe disclosure of clients ofattorneys or persons licensed undersection 4732.12 or 4732.15 ofthe Revised Code, or patients ofpersons certified under section4731.14 of the Revised Code, northe disclosure of debts owed tothe person resulting from theordinary conduct of a business orprofession.

(7) Except as otherwise provided in section 102.022 of theRevised Code, the source of each gift of over seventy-fivedollars, or of each gift of over twenty-five dollars received byamember of the general assembly from a legislative agent, receivedby the person in the person's own name or by anyother person forthe person's use or benefit during the preceding calendaryear,exceptgifts received by will or by virtue of section 2105.06 oftheRevised 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 personto whom the personfiling the statement stands in loco parentis,or received by wayof distribution from any inter vivos ortestamentary trustestablished by a spouse or by an ancestor;

(8) Except as otherwise provided in section 102.022 of theRevised Code, identification of the source and amount of everypayment of expenses incurred for travel to destinations inside oroutside this state that is received by the person in theperson'sown nameor by any other person for the person's use or benefitandthat isincurred in connection with the person's officialduties, exceptfor expenses for travel to meetings or conventionsof a nationalor state organization to whichany state agency,including, but not limited to, any legislative agency or stateinstitution ofhighereducation as defined in section3345.011 ofthe RevisedCode,paysmembership dues, or any politicalsubdivision or anyoffice oragency of a political subdivisionpays membership dues;

(9) Except as otherwise provided in section 102.022 of theRevised Code, identification of the source of payment of expensesfor meals and other food and beverages, other than for meals andother food and beverages provided at a meeting at which thepersonparticipated in a panel, seminar, or speaking engagementor at ameeting or convention of a national or state organizationto whichany state agency, including, but not limited to, any legislativeagency orstate institution of higher education asdefined insection3345.011 of the Revised Code,pays membership dues, oranypolitical subdivision or anyoffice or agency of a politicalsubdivision pays membership dues,that are incurred in connectionwith the person's official dutiesand that exceed one hundreddollars aggregated per calendar year;

(10) If the disclosure statement is filed by apublic official or employee described in division (B)(2) ofsection 101.73 of the Revised Code or division (B)(2) of section121.63 of the Revised Code who receives a statement from alegislative agent, executive agency lobbyist, or employer thatcontains the information described in division (F)(2) of section101.73 of the Revised Code or division (G)(2) of section 121.63ofthe Revised Code, all of the nondisputed information containedinthe statement delivered to that public official or employee bythelegislative agent, executive agency lobbyist, or employerunderdivision (F)(2) of section 101.73 or (G)(2) of section121.63 ofthe Revised Code.

A person may file a statement required by this section inperson or by mail. A person who is a candidate for electiveoffice shall file the statement no later than the thirtiethdaybefore the primary, special, or general election at whichthecandidacy is to be voted on, whichever election occurssoonest,except that a person who is a write-in candidate shall file thestatement no later than the twentieth day before the earliestelection at which the person's candidacy is to be voted on. Aperson whoholds elective office shall file the statement on orbeforethefifteenth day of April of each year unless the personis acandidate foroffice. A person who is appointed to fill avacancy for anunexpired term in an elective office shall file thestatementwithin fifteen days after the person qualifies foroffice. Other personsshall file an annual statement on or beforethe fifteenth day ofApril or, if appointed or employed after thatdate, within ninetydays after appointment or employment. Noperson shall berequired to file with the appropriate ethicscommission more thanone statement or pay more than one filing feefor any onecalendar year.

The appropriate ethics commission, for good cause, mayextendfor a reasonable time the deadline for filing astatement underthis section.

A statement filed under this section is subject to publicinspection at locations designated by the appropriate ethicscommission except as otherwise provided in this section.

(B) The Ohio ethics commission, the joint legislativeethicscommittee, and the board of commissioners on grievancesanddiscipline of the supreme court, using the rule-makingproceduresof Chapter 119. of the Revised Code, may require anyclass ofpublic officials or employees under its jurisdiction andnotspecifically excluded by this section whose positions involveasubstantial and material exercise of administrative discretioninthe formulation of public policy, expenditure of public funds,enforcement of laws and rules of the state or a county or city,orthe execution of other public trusts, to file an annualstatementon or before the fifteenth day of April under division(A) of thissection. The appropriate ethics commission shallsend the publicofficials or employees written notice of therequirement by thefifteenth day of February of each year thefiling is requiredunless the public official or employee isappointed after thatdate, in which case the notice shall be sentwithin thirty daysafter appointment, and the filing shall bemade not later thanninety days after appointment.

Except for disclosurestatements filed by members of theboard of trustees and the executivedirector of the tobacco useprevention and control foundationand members of theboard oftrustees and the executive director of the southern Ohioagricultural and community development foundation, disclosurestatements filed under thisdivision with theOhio ethics commission by members of boards,commissions, orbureaus of the state for which no compensation isreceived otherthan reasonable and necessary expenses shall bekept confidential. Disclosurestatements filedwith the Ohioethics commission under division (A) of thissection by businessmanagers, treasurers, and superintendents ofcity, local, exemptedvillage, joint vocational, orcooperative education schooldistricts or educational service centers shall bekeptconfidential, except that any person conducting an audit of anysuch school districtor educational service center pursuant tosection 115.56 or Chapter 117.of the Revised Code may examine thedisclosure statement of anybusiness manager, treasurer, orsuperintendent of that schooldistrict or educational servicecenter. The Ohio ethics commission shallexamine each disclosurestatement required to be kept confidential todetermine whether apotential conflict of interest exists for theperson who filed thedisclosure statement. A potential conflictof interest exists ifthe private interests of the person, asindicated by the person'sdisclosure statement, mightinterfere with thepublic intereststhe person is required to serve in theexercise of the person'sauthority and duties inthe person's office or position ofemployment. Ifthe commission determines that a potentialconflict of interestexists, it shall notify the person who filedthe disclosurestatement and shall make the portions of thedisclosure statementthat indicate a potential conflict ofinterest subject to publicinspection in the same manner as isprovided for other disclosurestatements. Any portion of thedisclosure statement that thecommission determines does notindicate a potential conflict ofinterest shall be keptconfidential by the commission and shallnot be made subject topublic inspection, except as is necessaryfor the enforcement ofChapters 102. and 2921. of the RevisedCode and except asotherwise provided in thisdivision.

(C) No person shall knowingly fail to file, on or beforetheapplicable filing deadline established under this section, astatement that is required by this section.

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

(E)(1) Except as provided in divisions (E)(2) and (3) ofthis section, the statement requiredby division(A) or (B) ofthis section shall be accompanied by afiling fee of forty dollars.

(2) The statement required by division (A) of this sectionshall be accompanied by the following filing fee to be paid by the person whois elected or appointed to, or is a candidate for, any of thefollowing offices:


For state office, except member of the
state board of education$65
For office of member of general assembly$40
For county office$40
For city office$25
For office of member of the state board
of education$25
For office of member of a city, local,
exempted village, or cooperative
education board of
education or educational service
center governing board$20
For position of business manager,
treasurer, or superintendent of a
city, local, exempted village, joint
vocational, or cooperative education
school district or
educational service center$20

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

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

(F) If a statement required to be filed under this sectionis not filed by the date on which it is required to be filed, theappropriate ethics commission shall assess the person required tofile the statement a late filing fee of ten dollars for each day the statement is not filed,except that the total amount of the late filing fee shall notexceed two hundred fifty dollars.

(G)(1) The appropriate ethics commission other than theOhioethics commission shall deposit all fees it receives underdivisions (E) and (F) of this section into the general revenuefund of the state.

(2) The Ohio ethics commission shall deposit all receipts,including, butnot limited to, fees itreceives under divisions(E) and (F) of this section and allmoneys it receives fromsettlements under division (G) of section102.06 of the RevisedCode, into the Ohio ethics commission fund,which is herebycreated in the state treasury. All moneyscredited to the fundshall be used solely for expenses related tothe operation andstatutory functions of the commission.

(H) Division (A) of this section does not apply to apersonelected or appointed to the office of precinct, ward, ordistrictcommittee member under Chapter 3517. of the RevisedCode; apresidential elector; a delegate to a nationalconvention; villageor township officials and employees; anyphysician or psychiatristwho is paid a salary or wage inaccordance with schedule C ofsection 124.15 or schedule E-2 ofsection 124.152 of the RevisedCode and whose primary duties donot require the exercise ofadministrative discretion; or anymember of a board, commission,or bureau of any county or citywho receives less than onethousand dollars per year for servingin that position.

Sec. 102.06.  (A) The appropriate ethics commission shallreceive and may initiate complaints against persons subject to this chapter concerning conduct alleged to bein violation of this chapter or section 2921.42 or 2921.43 of theRevised Code. All complaints except those by the commissionshallbe by affidavit made on personal knowledge, subject to thepenalties of perjury. Complaints by the commission shall be byaffidavit, based upon reasonable cause to believe that aviolationhas occurred.

(B) The appropriate ethics commission shall investigate complaints, mayinvestigate charges presented to it, and may request furtherinformation, including the specific amount of income from asource, from any person filing with the commission a statementrequired by section 102.02 or 102.021 of the Revised Code, if theinformationsought is directly relevant to a complaint or chargesreceived bythe commission pursuant to this section. Thisinformation isconfidential, except that the commission, in its discretion, mayshare information gathered in the course of any investigationwith, or disclose the information to, the inspector general, anyappropriate prosecutingauthority, any law enforcement agency, orany other appropriateethics commission. If the accused person is a member of the public employees retirement board, state teachers retirement board, school employees retirement board, board of trustees of the Ohio police and fire pension fund, or state highway patrol retirement board, or is a voting member of the workers' compensation oversight commission the appropriate ethics commission, in its discretion, also may share information gathered in the course of an investigation with, or disclose the information to, the attorney general and the auditor of state. The person so requestedshallfurnish theinformation to the commission, unless withinfifteendays from thedate of the request the person files anaction fordeclaratoryjudgment challenging the legitimacy of therequest inthe court ofcommon pleas of the county oftheperson'sresidence,theperson'splace of employment, orFranklincounty. The requestedinformation need not be furnishedto thecommission during thependency of the judicial proceedings.Proceedings of thecommission in connection with the declaratoryjudgment actionshall be kept confidential except as otherwiseprovided by thissection. Before the commission proceeds to takeany formalactionagainst a person who is the subject of aninvestigationbased oncharges presented to the commission, acomplaint shallbe filedagainst the person. If the commissionfinds that acomplaint isnot frivolous, and there is reasonablecause tobelieve that thefacts alleged in a complaint constituteaviolation of section102.02, 102.021, 102.03, 102.04, 102.07, 2921.42, or2921.43 of the RevisedCode, it shall hold a hearing. If thecommission does not sofind, it shall dismiss the complaint andnotify the accused personin writing of the dismissal of thecomplaint. The commissionshall not make a report of its findingunless the accused personrequests a report. Upon the request ofthe accused person, thecommission shall make a public report ofits finding. The personagainst whom the complaint is directedshall be given reasonablenotice by certified mail of the date,time, and place of thehearing and a statement of the charges andthe law directlyinvolved and shall be given the opportunity toberepresented bycounsel, to have counsel appointed forthepersoniftheperson is unable to afford counsel without unduehardship,toexaminethe evidence againstthe person, toproduce evidenceand tocall andsubpoena witnesses intheperson's defense, toconfrontthe person's accusers, andtocross-examinewitnesses.The commission shall have astenographicrecord madeof thehearing. The hearing shall beclosed to thepublic.

(C)(1)(a) If, upon the basis of the hearing, the appropriate ethics commissionfinds by a preponderance of the evidence that the facts allegedinthe complaint are true and constitute a violation of section102.02, 102.021, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of theRevisedCode, it shall report its findings to the appropriateprosecutingauthority for proceedings in prosecution of theviolation and tothe appointing or employing authority of theaccused. If the accused person is a member of the public employees retirement board, state teachers retirement board, school employees retirement board, board of trustees of the Ohio police and fire pension fund, or state highway patrol retirement board, the commission also shall report its findings to the Ohio retirement study council.

(b) If the Ohio ethics commission reports its findings tothe appropriate prosecuting authority under division (C)(1)(a) ofthis section and the prosecuting authority has not initiated anyofficial action on those findings within ninety days afterreceiving the commission's report of them, the commissionmaypublicly comment that no official action has been taken onitsfindings, except that the commission shall make no comment inviolation of the Rules of Criminal Procedure or about anyindictment that has been sealed pursuant to any law or thoserules. The commission shall make no comment regarding the meritsof its findings. As used in division (C)(1)(b) of this section,"official action" means prosecution, closure after investigation,or grand jury action resulting in a true bill of indictment or notrue bill of indictment.

(2) If the appropriate ethics commission does not find byapreponderance of the evidence that the facts alleged in thecomplaint are true and constitute a violation of section 102.02, 102.021,102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised Codeorif the commission has not scheduled a hearing within ninetydaysafter the complaint is filed or has not finally disposed ofthecomplaint within six months after it has been heard, it shalldismiss the complaint and notify the accused person in writing ofthe dismissal of the complaint. The commission shall not make areport of its finding unless the accused person requests areport.Upon the request of the accused person, the commissionshall makea public report of the finding, but in this case allevidence andthe record of the hearing shall remain confidentialunless theaccused person also requests that the evidence andrecord be madepublic. Upon request by the accused person, thecommission shallmake the evidence and the record available forpublic inspection.

(D) The appropriate ethics commission, or a member of the commission, mayadminister oaths, and the commission may issue subpoenas to anyperson in the state compelling the attendance of witnesses andtheproduction of relevant papers, books, accounts, and records.Thecommission shall issue subpoenas to compel the attendance ofwitnesses and the production of documents upon the request of anaccused person. Section 101.42 of the Revised Code shall governthe issuance of these subpoenas insofar as applicable. Upon therefusal of any person to obey a subpoena or to be sworn or toanswer as a witness, the commission may apply to the court ofcommon pleas of Franklin county under section 2705.03 of theRevised Code. The court shall hold proceedings in accordancewithChapter 2705. of the Revised Code. The commission or theaccusedperson may take the depositions of witnesses residingwithin orwithout the state in the same manner as prescribed bylaw for thetaking of depositions in civil actions in the courtof commonpleas.

(E) At least once each year, the Ohio ethics commissionshall report on its activities of the immediately preceding yearto the majority and minority leaders of the senate and house ofrepresentatives of the general assembly. The report shallindicate the total number of complaints received, initiated, andinvestigated by the commission, the total number of complaintsforwhich formal hearings were held, and the total number ofcomplaints for which formal prosecution was recommended orrequested by the commission. The report also shall indicate thenature of the inappropriate conduct alleged in each complaint andthe governmental entity with which any employee or official thatis the subject of a complaint was employed at the time of thealleged inappropriate conduct.

(F) All papers, records, affidavits, and documents uponanycomplaint, inquiry, or investigation relating to theproceedingsof the appropriate ethics commission shall be sealed and areprivate andconfidential, except as otherwise provided in thissection andsection 102.07 of the Revised Code.

(G)(1) When a complaint or charge is before it, the Ohioethics commission or the appropriate prosecuting authority, inconsultation with the person filing the complaint or charge, theaccused, and any other person the commission or prosecutingauthority considers necessary, may compromise or settle thecomplaint or charge with the agreement of the accused. Thecompromise or settlement may include mediation, restitution,rescission of affected contracts, forfeiture of any benefitsresulting from a violation or potential violation of law,resignation of a public official or employee, or any other reliefthat is agreed upon between the commission or prosecutingauthority and the accused.

(2) Any settlement agreement entered into under division(G)(1) of this section shall be in writing and be accompanied byastatement of the findings of the commission or prosecutingauthority and the reasons for entering into the agreement. Thecommission or prosecuting authority shall retain the agreementandstatement inthe commission's orprosecutingauthority's officeand, inthecommission's orprosecutingauthority'sdiscretion,may make the agreement, the statement, andanysupportinginformation public, unless the agreement providesotherwise.

(3) If a settlement agreement is breached by the accused,the commission or prosecuting authority, inthe commission'sorprosecuting authority'sdiscretion, may rescind theagreement andreinstitute anyinvestigation, hearing, orprosecution of theaccused. Noinformation obtained from theaccused in reaching thesettlementthat is not otherwisediscoverable from the accusedshall be usedin any proceedingbefore the commission or by theappropriateprosecuting authorityin prosecuting the violation.Notwithstanding any other section ofthe Revised Code, if asettlement agreement is breached, anystatute of limitations foraviolation of this chapter or section2921.42 or 2921.43 of theRevised Code is tolled from the date thecomplaint or charge isfiled until the date the settlementagreement is breached.

Sec. 103.132. The legislative service commission, in conjunction with the legislative information systems office, shall establish and maintain an electronic database containing current and historical revenue and expenditure data for each school district in the state that is easy to use and readily accessible through the internet.

Sec. 108.05.  (A) The lieutenant governor shall be a member of thegovernor'scabinet and shall preside at its meetings in the absence of the governor.

(B) The governor may appoint the lieutenant governor as an administrativedepartment head listed in section 121.03 of the Revised Code, as directorof the office of criminal justice services pursuant to section 181.52 of theRevised Code, asthe governor's representative on any board, agency, committee, orcommission of which thegovernor is a member and has the authority to appoint a representative, or inan advisory capacity to any nonelective board, agency, committee, orcommission in the executive department or may give the lieutenantgovernorany special assignment as the governor considers in the interest of the state.

(C) When carrying out any of the functions described in division (B) of thissection, the lieutenant governor shall be reimbursed from funds of theparticular authority for necessary expenses incurred in the conduct ofauthority business.

Sec. 109.54.  (A) The bureau of criminal identificationandinvestigation may investigate any criminal activity in thisstatethat is of statewide or intercounty concern when requestedbylocal authorities and may aid federal authorities, whenrequested,in their investigation of any criminal activity inthis state. The bureau may investigate any criminal activity in this state related to the conduct of elections when requested by the secretary of state.The bureau may investigate any criminal activity inthis stateinvolving drug abuse or illegal drug distributionprohibited underChapter 3719. or 4729. of the Revised Code. Thesuperintendentand any agent of the bureau may participate, asthe director of anorganized crime task force established undersection 177.02 of theRevised Code or as a member of theinvestigatory staff of a taskforce established under that section, in aninvestigation oforganized criminal activity anywhere within this state undersections 177.01 to 177.03 of the Revised Code.

(B) The bureau may provide any trained investigativepersonnel and specialized equipment that are requested by anysheriff or chief of police, by the authorized designee of anysheriff or chiefof police, or by any other authorized lawenforcement officer to aid andassist the officer in theinvestigation and solution of any crime orthe control of anycriminal activity occurring withinthe officer's jurisdiction.This assistance shall be furnished by the bureauwithoutdisturbing or impairing any of the existing lawenforcementauthority or the prerogatives of local lawenforcement authoritiesor officers. Investigators providedpursuant to this section, orengaged in an investigation pursuantto section 109.83 of theRevised Code, may go armed in the samemanner as sheriffs andregularly appointed police officers undersection 2923.12 of theRevised Code.

(C)(1) The bureau shall obtain recording equipment thatcanbe used to record depositions of the type described indivision(A) of section 2152.81 and division (A) ofsection2945.481 ofthe Revised Code, or testimony of the typedescribed in division(D) of section 2152.81 anddivision (D) of section2945.481 or indivision (C) of section 2937.11 of theRevised Code, shall obtainclosed circuit equipment that can be used totelevise testimony ofthe type described in division (C) ofsection 2152.81 anddivision (C) of section 2945.481or indivision (B) of section2937.11 of the Revised Code, and shallprovide the equipment, uponrequest, to any court for use inrecording any deposition ortestimony of one of those typesor in televising thetestimony inaccordance with the applicable division.

(2) The bureau shall obtain the names, addresses, andtelephone numbers of persons who are experienced in questioningchildren in relation to an investigation of a violation ofsection2905.03, 2905.05, 2907.02, 2907.03, 2907.04,2907.05, 2907.06,2907.07, 2907.09,2907.21, 2907.23, 2907.24, 2907.31, 2907.32,2907.321,2907.322, 2907.323, or 2919.22 ofthe Revised Code or anoffense of violence and shallmaintain a list of those names,addresses, and telephone numbers. Thelist shall include aclassification of the names,addresses, and telephone numbers byappellate district. Uponrequest, the bureau shall provide anycounty sheriff, chief ofpolice, prosecuting attorney, villagesolicitor, city director oflaw, or similar chief legal officerwith the name, address, andtelephone number of any personcontained in the list.

Sec. 109.57.  (A)(1) The superintendent of the bureau ofcriminal identification and investigation shall procure from whereverprocurable and filefor record photographs, pictures, descriptions, fingerprints,measurements, and other information that may be pertinent ofall persons who have been convicted of committing within this state afelony, any crimeconstituting a misdemeanor on the first offense and a felony on subsequentoffenses, or any misdemeanor described in division(A)(1)(a) of section 109.572 of the Revised Code, of allchildren under eighteen years of age who have been adjudicateddelinquent children for committing within this state an act that wouldbe a felony oran offense of violence if committed by an adult or who have beenconvicted ofor pleaded guilty to committing within this state a felony or an offenseof violence, and of allwell-known and habitual criminals. The personin charge of anycounty, multicounty, municipal, municipal-county, ormulticounty-municipal jail or workhouse, community-based correctionalfacility, halfway house, alternative residential facility, orstate correctional institution and the person incharge of any state institution having custody of a personsuspected of having committed a felony, any crime constitutinga misdemeanor on the first offense and a felony on subsequent offenses,or any misdemeanor described in division (A)(1)(a)of section 109.572 of the Revised Code or having custody of a childunder eighteen years of age with respect to whom there isprobablecause to believe that the child may have committed an act that wouldbe a felony oran offense of violence if committed by an adult shall furnish suchmaterialto the superintendent ofthe bureau. Fingerprints, photographs, or otherdescriptive information of a child who is under eighteen years of age,has not been arrested or otherwise taken into custody for committing an actthat would be a felony or an offense ofviolence if committed by an adult, has notbeen adjudicated a delinquent child for committing an actthat would be a felony or an offense of violenceif committed by an adult, has not been convicted ofor pleaded guilty to committing afelony or anoffense of violence, and is not a child with respect to whom there isprobable cause tobelieve that the child may have committed an actthat would be a felony oran offense of violence if committed by an adultshall not be procured by the superintendent or furnished by anyperson in charge of anycounty, multicounty, municipal, municipal-county, ormulticounty-municipal jail or workhouse, community-based correctionalfacility, halfway house, alternative residential facility, orstate correctional institution, except asauthorized in section 2151.313 of the Revised Code.

(2) Every clerk of acourt of record in this state, other than thesupreme court or a court of appeals, shall send to thesuperintendent ofthe bureau a weekly report containing a summary of each caseinvolving a felony, involving any crime constituting amisdemeanor on thefirst offense and a felony on subsequent offenses, involving a misdemeanordescribed in division (A)(1)(a) of section 109.572of the Revised Code, or involving anadjudication in a case in which a child under eighteen years of age wasalleged to be a delinquent childfor committing an act that would be afelony or an offense of violence if committed byan adult. The clerkof the court of common pleas shall include in the report and summary the clerksends under this division all information described in divisions(A)(2)(a) to (f) of this sectionregarding a case before the court of appeals that is served by thatclerk. The summary shall be written on the standard formsfurnished by thesuperintendent pursuant to division (B) of this section and shallinclude the following information:

(a) The incident tracking number contained on the standard formsfurnished by the superintendent pursuant to division (B) of thissection;

(b) The style and number of the case;

(c) The date of arrest;

(d) The date that the person was convicted of or pleaded guiltyto the offense, adjudicated a delinquent child for committing the act thatwould bea felony or anoffense of violence if committed by an adult, found not guilty of theoffense, or found not to be a delinquent child for committing an act thatwould be afelony or anoffense of violence if committed by an adult, the date of an entrydismissingthe charge, an entry declaring a mistrial of the offense in which the personis discharged, an entry finding that the person or child is not competent tostand trial, or an entry of a nolle prosequi, or the date of any otherdetermination that constitutes final resolution of the case;

(e) A statement of the original charge with the section of the Revised Codethat was alleged to be violated;

(f) If the person or child was convicted, pleaded guilty, or wasadjudicated a delinquent child, the sentence orterms of probation imposed or any other disposition of theoffender or the delinquent child.

If the offense involved the disarming of a law enforcement officer or anattempt to disarm a law enforcement officer, the clerk shallclearly state that fact in the summary, and the superintendent shall ensurethat a clear statement of that fact is placed in the bureau's records.

(3) The superintendent shall cooperate with and assistsheriffs,chiefs of police, and other law enforcement officers in the establishment ofa complete system of criminal identification and in obtainingfingerprints and other means of identification of all personsarrested on a charge of a felony, any crime constituting amisdemeanor on the first offense and a felony on subsequentoffenses, or a misdemeanor described in division(A)(1)(a) of section 109.572 of the Revised Code and of all childrenundereighteen years of age arrested or otherwise taken into custody for committingan act that wouldbe a felony or an offense of violence if committed by an adult. Thesuperintendent also shall file for record thefingerprint impressions of all persons confined in a county, multicounty,municipal, municipal-county, or multicounty-municipal jail or workhouse,community-based correctional facility, halfway house,alternative residential facility, or state correctional institution forthe violation of statelaws and of all children undereighteen years of age whoare confined in a county, multicounty, municipal, municipal-county, ormulticounty-municipal jail or workhouse, community-basedcorrectional facility, halfway house, alternative residential facility, orstate correctionalinstitution or in anyfacility for delinquent children for committing an actthat would be a felony oran offense of violence if committed by an adult, and any otherinformationthat the superintendent may receive from law enforcementofficials of the state and its political subdivisions.

(4) The superintendent shall carry out Chapter 2950. oftheRevised Code with respect to the registration ofpersons who are convicted of or plead guiltyto either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and with respect to all other duties imposed onthe bureau under that chapter.

(5) The bureau shall perform centralized recordkeeping functions for criminal history records and services in this state for purposes of the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code and is the criminal history record repository as defined in that section for purposes of that compact. The superintendent or the superintendent's designee is the compact officer for purposes of that compact and shall carry out the responsibilities of the compact officer specified in that compact.

(B) The superintendent shall prepare and furnish to everycounty, multicounty, municipal, municipal-county, ormulticounty-municipal jail or workhouse, community-based correctionalfacility, halfway house, alternative residential facility, orstate correctional institution and to every clerk of a court in thisstate specified in division (A)(2) of thissection standard forms for reporting the information requiredunder division (A) of thissection. The standard forms that the superintendent prepares pursuant tothis division may be in a tangible format, in an electronic format, or in bothtangible formats and electronic formats.

(C) The superintendent may operate a center forelectronic, automated, or other data processing for the storageand retrieval of information, data, and statistics pertaining tocriminals and to children under eighteen years of age who are adjudicateddelinquent children for committing anact that would be a felony or an offense ofviolence if committed by an adult, criminal activity, crime prevention,lawenforcement,and criminal justice, and may establish and operate a statewidecommunications network to gather and disseminate information,data, and statistics for the use of law enforcement agencies. Thesuperintendent may gather, store, retrieve, anddisseminate information, data, and statistics that pertain to children who areunder eighteen years of age and that are gathered pursuant to sections 109.57to 109.61 of the Revised Code together with information, data, andstatistics that pertain to adults and that are gathered pursuant to thosesections. In addition to any other authorized use of information, data, and statistics of that nature, the superintendent or the superintendent's designee may provide and exchange the information, data, and statistics pursuant to the national crime prevention and privacy compact as described in division (A)(5) of this section.

(D) The information and materials furnished to thesuperintendent pursuant to division (A) of this section andinformation and materials furnished to any board or person underdivision (F) or (G) of this section are not public records under section149.43 of the Revised Code.

(E) The attorney general shall adopt rules, in accordancewith Chapter 119. of the Revised Code, setting forth theprocedure by which a person may receive or release informationgathered by the superintendent pursuant todivision (A) of thissection. A reasonable fee may be charged for this service. If atemporary employment service submits a request for a determinationof whether a person the service plans to refer to an employmentposition has been convicted of or pleaded guilty to an offenselisted in division (A)(1), (3), (4), (5), or (6) of section 109.572of the Revised Code, the request shall be treated as a singlerequest and only one fee shall be charged.

(F)(1) As used in division (F)(2) of this section, "headstart agency" means an entity in this state that has beenapproved to be an agency for purposes of subchapter II of the"Community Economic Development Act," 95 Stat. 489 (1981), 42U.S.C.A. 9831, as amended.

(2)(a) In addition to or in conjunction with any request thatis required to be made under section 109.572, 2151.86, 3301.32,3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, 5126.28,5126.281, or 5153.111 of the Revised Code, the board of educationof any school district; the director of mental retardation anddevelopmental disabilities; any county board of mental retardationand developmental disabilities; any entity under contract with acounty board of mental retardation and developmentaldisabilities; the chief administrator of any chartered nonpublicschool; the chief administrator of any home health agency;the chief administrator of or person operating any childday-care center, type A family day-care home, or type B familyday-care home licensed or certified under Chapter 5104. of theRevised Code; the administrator of any type C family day-carehome certified pursuant to Section 1 of Sub. H.B. 62 of the 121stgeneral assembly or Section 5 of Am. Sub. S.B. 160 of the 121stgeneral assembly; the chief administrator of any head start agency;or the executive director of a public children services agencymay request that the superintendent of the bureau investigate anddetermine, with respect to any individual who has applied foremployment in any position after October 2, 1989, or any individualwishing to apply for employment with a board of education mayrequest, with regard to theindividual, whether the bureau has anyinformation gathered under division (A) of this section thatpertains to that individual. On receipt of the request, thesuperintendent shall determine whether that informationexistsand, upon request of the person, board, or entity requestinginformation, also shall request from the federal bureau ofinvestigation any criminal records it has pertainingto thatindividual. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within thirty days of the date that the superintendentreceives arequest, the superintendent shall send to the board, entity, orperson a report of any information that the superintendentdetermines exists,including information contained in records that have been sealedunder section 2953.32 of the Revised Code, and, within thirtydays of its receipt, shall send the board, entity, or person areport of any information received from the federalbureau of investigation, other than information the disseminationof which is prohibited by federal law.

(b) When a board of education is required to receive informationunder this section as a prerequisite to employment of anindividual pursuant to section 3319.39 of the Revised Code, it may accept acertified copy of records that were issuedby the bureau of criminal identification and investigation and that arepresented by an individual applying for employment with thedistrict in lieu of requesting that information itself. In such a case, theboard shall accept the certified copy issued by the bureau in order to make aphotocopy of it for that individual's employment application documents andshall return the certified copy to the individual. In a case of that nature,a district only shallaccept a certified copy of records of that nature within one yearafter the date of their issuance by thebureau.

(3) The state board of education may request, with respectto any individual who has applied for employment after October 2,1989, in any position with the state board or the department ofeducation, any information that a school district board ofeducation is authorized to request under division (F)(2)of this section, and thesuperintendent of the bureau shall proceed as if the request hasbeen received from a school district board of education underdivision (F)(2) of this section.

(4) When the superintendent of the bureau receives arequest for information under section 3319.291of the Revised Code, the superintendent shall proceed as if therequest has been received from a school district board ofeducation under division (F)(2) of this section.

(5) When a recipient of an OhioReads a classroomorcommunity readingimprovement grant paid under section 3301.86 or 3301.87 of the RevisedCodeor an entity approved by the OhioReads councilrequests, with respect to any individual who applies to participate inproviding any program or servicethrough an entity approved by the OhioReads councilorfunded in whole or inpart by the grant, the information that a school district board ofeducation is authorized to request under division(F)(2)(a) ofthis section, the superintendent of the bureau shall proceed as if therequest has beenreceived from a school district board of education under division(F)(2)(a) of this section.

(G) In addition to or in conjunction withany request that is required to be made under section 173.41, 3701.881,3712.09,3721.121, or 3722.151 of the RevisedCode with respect to an individual who has applied for employment ina position that involves providing direct care to an older adult, the chiefadministrator of a PASSPORT agency that provides services through thePASSPORT program created under section 173.40 of the RevisedCode, home health agency,hospice care program, home licensed under Chapter 3721.of the Revised Code, adult day-care programoperated pursuant to rules adopted under section 3721.04 of theRevised Code, or adult care facilitymay request that the superintendent of the bureauinvestigate and determine, with respect to any individual who hasapplied afterJanuary 27, 1997, for employment in a position thatdoes not involve providingdirect care to an older adult, whether the bureau has any informationgathered under division (A) of this section that pertainsto that individual. On receipt of the request, thesuperintendent shall determine whether that informationexistsand, on request of the administrator requesting information,shall also request from the federal bureau of investigation anycriminal records it has pertaining to thatindividual. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Withinthirty days of the date a request is received, the superintendentshall send to the administrator a report of anyinformation determined to exist, including information containedin records that have been sealed under section 2953.32 of theRevised Code, and, within thirty days of itsreceipt, shall send the administrator a report of anyinformation received from the federal bureau ofinvestigation,other than information the dissemination of which is prohibitedby federal law.

(H) Information obtained by a board,administrator, or other person under this section is confidentialand shall not be released or disseminated.

(I) The superintendent may charge a reasonable fee forproviding information or criminal records under division (F)(2)or (G) of this section.

Sec. 109.579.  (A) On receipt of a request pursuant to division (B) of section 4123.444 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any criminal offense involving theft, receiving stolen property, embezzlement, forgery, fraud, passing bad checks, money laundering, drug trafficking, or any criminal offense involving money or securities, as set forth in Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the Revised Code or other law of this state, or the laws of any other state or of the United States that are substantially equivalent to those offenses.

(B) The superintendent shall conduct a criminal records check pursuant to division (A) of this section as follows:

(1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the request, including any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code.

(2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the request. The superintendent shall review or cause to be reviewed any information that the superintendent receives from the federal bureau of investigation.

(3) The superintendent shall forward the results of a criminal records check conducted pursuant to this division to the administrator of workers' compensation.

(C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is requested pursuant to division (B) of section 4123.444 of the Revised Code. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.

(2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is requested pursuant to section 4123.444 of the Revised Code. Any person for whom the administrator requests the superintendent to conduct a criminal records check pursuant to that section shall have the person's fingerprint impressions made at a county sheriff's office, a municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.

(3) The superintendent may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check. The methods shall include, but are not limited to, electronic methods.

(D) A determination whether any information exists that indicates that a person previously has been convicted of or pleaded guilty to any offense listed or described in division (A) of this section that the superintendent makes pursuant to information considered in a criminal records check under this section is valid for the person who is the subject of that criminal records check for a period of one year after the date the superintendent makes that determination.

(E) The superintendent shall prescribe and charge a reasonable fee for providing a criminal records check requested under section 4123.444 of the Revised Code. If another request for a criminal records check is made under this section for a person for whom a valid determination under division (D) of this section is available, the superintendent shall provide the determination for a reduced fee.

Sec. 109.79.  (A) The Ohio peace officer trainingcommissionshall establish and conduct a training school for law enforcementofficers of any political subdivision of the state or of thestate public defender's office. The school shall be known as theOhio peace officer training academy. No bailiff or deputybailiff of a court of record of this state and no criminalinvestigator employed by the state public defender shall bepermitted to attend the academy for training unless the employingcourt of the bailiff or deputy bailiff or the state publicdefender, whichever is applicable, has authorized the bailiff,deputy bailiff, or investigator to attend the academy.

The Ohio peace officer training commission shall developthetraining program, which shall include courses in both the civiland criminal functions of law enforcement officers, a course incrisis intervention with six or more hours of training, andtraining in the handling of missing children and child abuse andneglect cases, and shall establish rules governing qualificationsfor admission to the academy. The commission mayrequirecompetitive examinations to determine fitness of prospectivetrainees, so long as the examinations or other criteria foradmission to the academy are consistent with the provisions ofChapter 124. of the Revised Code.

The Ohio peace officer training commission shalldeterminetuition costs which shall be sufficient in the aggregate to paythe costs of operating the academy. The costs of acquiring andequipping the academy shall be paid from appropriations made bythe general assembly to the Ohio peace officer trainingcommissionfor that purpose, or from gifts or grants received for thatpurpose, or from fees for goods related to the academy.

The law enforcement officers, during the period of theirtraining, shall receive compensation as determined by thepolitical subdivision that sponsors them or, if the officer is acriminal investigator employed by the state public defender, asdetermined by the state public defender. The politicalsubdivision may pay the tuition costs of the law enforcementofficers they sponsor and the state public defender may pay thetuition costs of criminal investigators of that office who attendthe academy.

If trainee vacancies exist, the academy may train and issuecertificates of satisfactory completion to peace officers who areemployed by a campus police department pursuant to section1713.50 of the Revised Code, by a qualified nonprofit corporationpolice department pursuant to section 1702.80 of the RevisedCode, or by a railroad company, who are amusement park police officers appointed and commissioned by a judge of the appropriate municipal court or county court pursuant to section 4973.17 of the Revised Code, or who are hospital policeofficers appointed and commissioned by the governor pursuant tosections 4973.17 to 4973.22 of the Revised Code, provided that nosuch officer shall be trained at the academy unless the officermeets the qualifications established for admission to the academyand the qualified nonprofit corporation police department,railroad company, hospital, or amusement park or the private college oruniversity that established the campus police department prepaysthe entire cost of the training. A qualified nonprofitcorporation police department, railroad company, hospital, or amusement park or aprivate college or university that has established a campuspolice department is not entitled to reimbursement from the statefor any amount paid for the cost of training the railroadcompany's peace officers or the peace officers of the qualifiednonprofit corporation police department, campus policedepartment, hospital, or amusement park.

The academy shall permit investigators employed by thestate medical board to take selected courses that the boarddetermines are consistent with its responsibilities for initialand continuing training of investigators as required undersections 4730.26 and 4731.05 of theRevised Code. The boardshall pay the entire cost of training that investigators receiveat the academy.

(B) As used in this section:

(1) "Law enforcement officers" include any undercover drugagent, any bailiff or deputy bailiff of a court of record, andany criminal investigator who is employed by the state publicdefender.

(2) "Undercover drug agent" means any person who:

(a) Is employed by a county, township, or municipalcorporation for the purposes set forth in division (B)(2)(b) ofthis section but who is not an employee of a county sheriff'sdepartment, of a township constable, or of the police departmentof a municipal corporation or township;

(b) In the course of the person's employment by a county,township,or municipal corporation, investigates and gathers informationpertaining to persons who are suspected of violating Chapter2925. or 3719. of the Revised Code, and generally does not wear auniform in the performance of the person's duties.

(3) "Crisis intervention training" has the same meaning asin section 109.71 of the Revised Code.

(4) "Missing children" has the same meaning as in section2901.30 of the Revised Code.

Sec. 109.91.  (A) There is hereby established within theoffice of the attorney general the crime victims assistanceoffice.

(B) There is hereby established the state victimsassistance advisory committee. The committee shall consist of a chairperson,to be appointed by the attorney general, four three exofficio members, and fifteen members to be appointed by theattorney general as follows: one member who represents the Ohiovictim-witness association; three members who represent localvictim assistance programs, including one from a municipallyoperated program and one from a county-operated program; onemember who represents the interests of elderly victims; onemember who is a board member of any statewide or localorganization that exists primarily to aid victims of domesticviolence, or who is an employee of, or counselor for, such anorganization; one member who is an employee or officer of acounty probation department or a probation department operated bythe department of rehabilitation and correction; one member whois a county prosecuting attorney; one member who is a city lawdirector; one member who is a county sheriff; one member who is amember or officer of a township or municipal police department;one member who is a court of common pleas judge; one member whois a municipal court judge or county court judge; and two memberswho are private citizens and are not government employees.

The committee shall include the following ex officio,nonvotingmembers: the chief justice of the supreme court, the attorneygeneral, one member of the senate to be designated by thepresident of the senate, and one member of the house ofrepresentatives to be designated by the speaker of the house.

Members of the committee shall serve without compensation,butshall be reimbursed for travel and other necessary expenses thatare incurred in the conduct of their official duties as membersof the committee. The chairpersonand members of the committee appointed bythe attorney general shall serve at the pleasure of the attorneygeneral. The chief justice of the supreme court and the attorneygeneral shall serve on the committee until the end of theterm ofoffice that qualified them the attorney general for membership on thecommittee. Themember of the senate and the member of the house ofrepresentatives shall serve at the pleasure of the president ofthe senate and the speaker of the house of representatives,respectively.

(C) The victims assistance advisory committee shallperformboth of the following duties:

(1) Advise the crime victims assistance office indetermining crime and delinquency victim service needs,determining crime and delinquency victim policies for the state,and improving and exercising leadership in the quality of crimeand delinquency victim programs in the state;

(2) Review and recommend to the crime victims assistanceoffice the victim assistance programs that should be consideredfor the receipt of state financial assistance pursuant to section109.92 of the Revised Code. The financial assistance allocationrecommendations of the committee shall be based on thefollowingpriorities:

(a) Programs in existence on July 1, 1985, shall be givenfirst priority;

(b) Programs offering or proposing to offer the broadestrange of services and referrals to the community served,including medical, psychological, financial, educational,vocational, and legal services that were not in existence on July1, 1985, shall be given second priority;

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

(D) As used in this section and section 109.92 of theRevised Code, "victim assistance program" includes, but is notlimited to a program that provides at least one of the following:

(1) Services to victims of any offense of violence ordelinquent act that would be an offense of violence if committedby an adult;

(2) Financial assistance or property repair services tovictims of crime or delinquent acts;

(3) Assistance to victims of crime or delinquent acts injudicial proceedings;

(4) Assistance to victims of crime or delinquent actsunder the operation of any political subdivision of the state ora branch of the criminal justice system set forth in division(B)(1)(a), (2)(b), or (3)(c) of section 181.51 5502.61 of the Revised Code;

(5) Technical assistance to persons or organizations thatprovide services to victims of crime or delinquent acts under theoperation of a branch of the criminal justice system set forth indivisions division (B)(1)(a), (2)(b), and (3) or (c) of section 181.51 5502.61 of the RevisedCode.

A victim assistance program does not include the programfor the reparation of crime victims established pursuant toChapter 2743. of the Revised Code.

Sec. 109.98. As used in this section, "state retirement board" means the public employees retirement board, board of trustees of the Ohio police and fire pension fund, school employees retirement board, state teachers retirement board, and state highway patrol retirement board.

If a member of a state retirement board breaches the member's fiduciary duty to the retirement system, the attorney general may maintain a civil action against the board member for harm resulting from that breach. The Notwithstanding sections 145.10, 742.09, 3307.13, 3309.13, and 5505.23 of the Revised Code, after being informed of an allegation that the entire board has breached its fiduciary duty, the state retirement board may retain independent legal counsel, including legal counsel provided by the board's fiduciary insurance carrier, to advise the board and to represent the board.

The attorney general may recover damages or be granted injunctive relief, which shall include the enjoinment of specified activities and the removal of the member from the board. Any damages awarded shall be paid to the retirement system. The authority to maintain a civil action created by this section is in addition to any authority the attorney general possesses under any other provision of the Revised Code.

Sec. 109.981.  If a voting member of workers' compensation oversight commission breaches the member's fiduciary duty to the bureau of workers' compensation, the attorney general may maintain a civil action against the board member for harm resulting from that breach. Notwithstanding section 4121.128 of the Revised Code, after being informed of an allegation that the entire oversight commission has breached its fiduciary duty, the oversight commission may retain independent legal counsel, including legal counsel provided by the oversight commission's fiduciary insurance carrier, to advise the board and to represent the board. The attorney general may recover damages or be granted injunctive relief, which shall include the enjoinment of specified activities and the removal of the member from the board. Any damages awarded shall be paid to the bureau. The authority to maintain a civil action created by this section is in addition to any authority the attorney general possesses under any other provision of the Revised Code.

Sec. 117.10.  The auditor of state shall audit all public offices as providedin this chapter. The auditor of state also may audit theaccounts of private institutions,associations, boards, and corporationsreceiving public money for their useand may require of them annual reports in such form as theauditor of state prescribes.

If the auditor of state performs or contracts for the performance of an audit, including a special audit, of the public employees retirement system, school employees retirement system, state teachers retirement system, state highway patrol retirement system, or Ohio police and fire pension fund, the auditor of state shall make a timely report of the results of the audit to the Ohio retirement study council.

The auditor of state may audit the accounts of any provider as defined insection 5111.06 of the Revised Code, if requested by thedepartment ofjob and family services.

If a public office has been audited by an agency of the United Statesgovernment, the auditor of state may, if satisfied that thefederalaudit has been conducted according to principles and procedures not contraryto those of the auditor of state, use and adopt the federal audit and reportin lieu of an audit by the auditor of state's own office.

Within thirty days after the creation or dissolution or the winding up ofthe affairs of any public office, that public office shall notify the auditorof state in writing that this action has occurred.

Sec. 120.06.  (A)(1) The state public defender, whendesignated by the court or requested by a county public defenderor joint county public defender, may provide legal representationin all courts throughout the state to indigent adults andjuveniles who are charged with the commission of an offense oractfor which the penalty or any possible adjudication includesthepotential loss of liberty.

(2) The state public defender may provide legalrepresentation to any indigent person who, while incarcerated inany state correctional institution, is charged with a felonyoffense,for which the penalty or any possible adjudication thatmay beimposed by a court upon conviction includes the potentialloss ofliberty.

(3) The state public defender may provide legalrepresentation to any person incarcerated in any correctionalinstitution of the state, in any matter in which the personasserts the person is unlawfully imprisoned or detained.

(4) The state public defender, in any case in which thestatepublic defender has provided legal representation or isrequested to do so bya county public defender or joint countypublic defender, mayprovide legal representation on appeal.

(5) The state public defender, when designated by thecourtor requested by a county public defender, joint countypublicdefender, or the director of rehabilitation andcorrection, shallprovide legal representation in parole andprobation revocationmattersor matters relating to the revocation of community controlor post-release control under a community control sanction orpost-release control sanction, unless the state public defenderfinds that the allegedparole or probation violatoror allegedviolator of a community control sanction or post-release controlsanction has thefinancial capacity to retainthe allegedviolator's owncounsel.

(6) If the state public defender contracts with a countypublic defender commission, a joint county public defendercommission, or a board of county commissioners for the provisionof services, under authority of division (C)(7) of section 120.04of the Revised Code, the state public defender shall providelegalrepresentation in accordance with the contract.

(B) The state public defender shall not be required toprosecute any appeal, postconviction remedy, or other proceedingpursuant to division (A)(3), (4), or (5) of this section, unlessthe state public defender first is satisfied that there isarguable merit to the proceeding.

(C) A court may appoint counsel or allow an indigentpersonto select the indigent's own personal counsel to assist the statepublic defender as co-counsel when the interests of justice sorequire. When co-counsel is appointed to assist the state publicdefender, the co-counsel shall receive any compensation that thecourt may approve, not to exceed the amounts provided for insection 2941.51 of the Revised Code.

(D)(1) When the state public defender is designated by thecourt or requested by a county public defender or joint countypublic defender to provide legal representation for an indigentperson in any case, other than pursuant to a contract enteredintounder authority of division (C)(7) of section 120.04 of theRevised Code, the state public defender shall send to the countyin which the case is filed an itemized a bill for fifty per cent of detailingthe actual cost of the representation that separately itemizes legal fees and expenses. The county, upon receiptof an itemized bill from the state public defender pursuant tothis division, shall pay fifty per cent of the actual cost of thelegal representation as set forth in the itemized bill. pay the state public defender each of the following amounts:

(a) For the amount identified as legal fees in the itemized bill, one hundred per cent of the amount identified as legal fees less the state reimbursement rate as calculated by the state public defender pursuant to section 120.34 of the Revised Code for the month the case terminated, as set forth in the itemized bill;

(b) For the amount identified as expenses in the itemized bill, one hundred per cent.

(2) Upon payment of the itemized bill under division (D)(1) of this section, the county may submit the cost of the expenses, excluding legal fees, to the state public defender for reimbursement pursuant to section 120.33 of the Revised Code.

(3) When the state public defender provides investigation or mitigation services to private appointed counsel or to a county or joint county public defender as approved by the appointing court, other than pursuant to a contract entered into under authority of division (C)(7) of section 120.04 of the Revised Code, the state public defender shall send to the county in which the case is filed a bill itemizing the actual cost of the services provided. The county, upon receipt of an itemized bill from the state public defender pursuant to this division, shall pay one hundred per cent of the amount as set forth in the itemized bill. Upon payment of the itemized bill received pursuant to this division, the county may submit the cost of the investigation and mitigation services to the state public defender for reimbursement pursuant to section 120.33 of the Revised Code.

(4) There ishereby created in the state treasury the county representationfund for the deposit of moneys received from counties under thisdivision. All moneys credited to the fund shall be used by thestate public defender to provide legal representation forindigentpersons when designated by the court or requested by acounty orjoint county public defender or to provide investigation or mitigation services, including investigation or mitigation services to private appointed counsel or a county or joint county public defender, as approved by the court.

(E)(1) Notwithstanding any contrary provision of sections109.02, 109.07, 109.361 to 109.366, and 120.03 of the RevisedCodethat pertains to representation by the attorney general, anassistant attorney general, or special counsel of an officer oremployee, as defined in section 109.36 of the Revised Code, or ofan entity of state government, the state public defender mayelectto contract with, and to have the state pay pursuant todivision(E)(2) of this section for the services of, privatelegal counselto represent the Ohio public defender commission,the state publicdefender, assistant state public defenders,other employees of thecommission or the state public defender,and attorneys describedin division (C) of section 120.41 of theRevised Code in amalpractice or other civil action or proceedingthat arises fromalleged actions or omissions related toresponsibilities derivedpursuant to this chapter, or in a civilaction that is based uponalleged violations of the constitutionor statutes of the UnitedStates, including section 1983 of Title42 of the United StatesCode, 93 Stat. 1284 (1979), 42 U.S.C.A.1983, as amended, and thatarises from alleged actions oromissions related toresponsibilities derived pursuant to thischapter, if the statepublic defender determines, in good faith,that the defendant inthe civil action or proceeding did not actmanifestly outside thescope of the defendant's employment or officialresponsibilities,with malicious purpose, in bad faith, or in awanton or recklessmanner. If the state public defender electsnot to contractpursuant to this division for private legalcounsel in a civilaction or proceeding, then, in accordance withsections 109.02,109.07, 109.361 to 109.366, and 120.03 of theRevised Code, theattorney general shall represent or provide forthe representationof the Ohio public defender commission, thestate public defender,assistant state public defenders, otheremployees of thecommission or the state public defender, orattorneys described indivision (C) of section 120.41 of theRevised Code in the civilaction or proceeding.

(2)(a) Subject to division (E)(2)(b) of this section,payment from the state treasury for the services of private legalcounsel with whom the state public defender has contractedpursuant to division (E)(1) of this section shall be accomplishedonly through the following procedure:

(i) The private legal counsel shall file with the attorneygeneral a copy of the contract; a request for an award of legalfees, court costs, and expenses earned or incurred in connectionwith the defense of the Ohio public defender commission, thestatepublic defender, an assistant state public defender, anemployee,or an attorney in a specified civil action orproceeding; awritten itemization of those fees, costs, andexpenses, includingthe signature of the state public defenderand the state publicdefender's attestation that the fees,costs, and expenses wereearned or incurred pursuant to division (E)(1) of this section tothe best of the state public defender's knowledge andinformation;a written statementwhether the fees, costs, and expenses are forall legal servicesto be rendered in connection with that defense,are only forlegal services rendered to the date of the requestand additionallegal services likely will have to be provided inconnection withthat defense, or are for the final legal servicesrendered inconnection with that defense; a written statementindicatingwhether the private legal counsel previously submitteda requestfor an award under division (E)(2) of this section inconnectionwith that defense and, if so, the date and the amountof eachaward granted; and, if the fees, costs, and expenses arefor alllegal services to be rendered in connection with thatdefense orare for the final legal services rendered in connectionwith thatdefense, a certified copy of any judgment entry in thecivilaction or proceeding or a signed copy of any settlementagreemententered into between the parties to the civil action orproceeding.

(ii) Upon receipt of a request for an award of legal fees,court costs, and expenses and the requisite supportivedocumentation described in division (E)(2)(a)(i) of this section,the attorney general shall review the request and documentation;determine whether any of the limitations specified in division(E)(2)(b) of this section apply to the request; and, if an awardof legal fees, court costs, or expenses is permissible afterapplying the limitations, prepare a document awarding legal fees,court costs, or expenses to the private legal counsel. Thedocument shall name the private legal counsel as the recipient ofthe award; specify the total amount of the award as determined bythe attorney general; itemize the portions of the award thatrepresent legal fees, court costs, and expenses; specify anylimitation applied pursuant to division (E)(2)(b) of this sectionto reduce the amount of the award sought by the private legalcounsel; state that the award is payable from the state treasurypursuant to division (E)(2)(a)(iii) of this section; and beapproved by the inclusion of the signatures of the attorneygeneral, the state public defender, and the private legalcounsel.

(iii) The attorney general shall forward a copy of thedocument prepared pursuant to division (E)(2)(a)(ii) of thissection to the director of budget and management. The award oflegal fees,court costs, or expenses shall be paid out of thestate public defender'sappropriations, to the extent there is asufficient available balance in thoseappropriations. If thestate public defender does not have a sufficientavailable balancein the state public defender's appropriations to pay theentireaward of legal fees, court costs, or expenses, the directorshallmake application for a transfer of appropriationsout of theemergency purposesaccount or any other appropriation foremergencies orcontingencies in an amount equal to the portion oftheaward that exceeds the sufficient available balance in thestate publicdefender's appropriations. A transfer ofappropriations out ofthe emergencypurposes account or any otherappropriation for emergencies or contingencies shall beauthorizedif there are sufficient moneys greater than the sumtotal of thenpending emergency purposes account requests, orrequests forreleases from the other appropriation. Ifa transfer ofappropriations out ofthe emergency purposes account orotherappropriation for emergencies or contingencies is made to payanamount equal to the portion of theaward that exceeds thesufficient available balance in the state publicdefender'sappropriations, the director shall cause the paymenttobe madetothe private legal counsel. If sufficient moneys do not existinthe emergency purposes account or other appropriation foremergencies or contingencies to pay an amount equal to the portionofthe award that exceeds the sufficient available balance in thestate publicdefender's appropriations, the private legalcounselshall request the general assembly to make anappropriationsufficient to pay an amount equal to the portion of theaward thatexceeds the sufficient available balance in the state publicdefender's appropriations, and no payment in that amount shallbemade until the appropriation has been made. The private legalcounsel shall make the request during the current biennium andduring each succeeding biennium until a sufficient appropriationis made.

(b) An award of legal fees, court costs, and expensespursuant to division (E) of this section is subject to thefollowing limitations:

(i) The maximum award or maximum aggregate of a series ofawards of legal fees, court costs, and expenses to the privatelegal counsel in connection with the defense of the Ohio publicdefender commission, the state public defender, an assistantstatepublic defender, an employee, or an attorney in a specifiedcivilaction or proceeding shall not exceed fifty thousanddollars.

(ii) The private legal counsel shall not be awarded legalfees, court costs, or expenses to the extent the fees, costs, orexpenses are covered by a policy of malpractice or otherinsurance.

(iii) The private legal counsel shall be awarded legalfeesand expenses only to the extent that the fees and expensesarereasonable in light of the legal services rendered by theprivatelegal counsel in connection with the defense of the Ohiopublicdefender commission, the state public defender, anassistant statepublic defender, an employee, or an attorney in aspecified civilaction or proceeding.

(c) If, pursuant to division (E)(2)(a) of this section,theattorney general denies a request for an award of legal fees,court costs, or expenses to private legal counsel because of theapplication of a limitation specified in division (E)(2)(b) ofthis section, the attorney general shall notify the privatelegalcounsel in writing of the denial and of the limitation applied.

(d) If, pursuant to division (E)(2)(c) of this section, aprivate legal counsel receives a denial of an award notificationor if a private legal counsel refuses to approve a document underdivision (E)(2)(a)(ii) of this section because of the proposedapplication of a limitation specified in division (E)(2)(b) ofthis section, the private legal counsel may commence a civilaction against the attorney general in the court of claims toprove the private legal counsel's entitlement to the awardsought,to prove that division(E)(2)(b) of this section does not prohibitor otherwise limitthe award sought, and to recover a judgment forthe amount of theaward sought. A civil action under division(E)(2)(d) of thissection shall be commenced no later than twoyears after receiptof a denial of award notification or, if theprivate legalcounsel refused to approve a document under division(E)(2)(a)(ii) of this section because of the proposed applicationof a limitation specified in division (E)(2)(b) of this section,no later than two years after the refusal. Any judgment of thecourt of claims in favor of the private legal counsel shall bepaid from the state treasury in accordance with division(E)(2)(a)of this section.

(F) If a court appoints the office ofthe state publicdefender to represent a petitioner in apostconviction reliefproceeding under section 2953.21 of theRevised Code, thepetitioner hasreceived a sentence of death, and the proceedingrelates to thatsentence, all of the attorneys who represent thepetitioner inthe proceeding pursuant to the appointment, whetheran assistantstate public defender, the state public defender, oranotherattorney, shall be certified under Rule20 of the RulesofSuperintendence forthe Courtsof Ohio torepresent indigentdefendants charged with or convicted of anoffense forwhich thedeath penalty can be or has been imposed.

(G) As used in this section:

(1) "Community control sanction" has the same meaning as insection 2929.01 of the Revised Code.

(2) "Post-release control sanction" has the same meaning asin section 2967.01 of the Revised Code.

Sec. 120.07. There is hereby created in the state treasury the civil case filing fee fund to receive all funds deposited in the fund pursuant to sections 1901.26, 1907.24, and 2303.201 of the Revised Code. All money credited to the fund shall be used by the state public defender for the purpose of appointing assistant state public defenders and for providing other personnel, equipment, and facilities necessary for the operation of the state public defender office.

Sec. 120.13.  (A) The county commissioners in any countymay establish a county public defender commission. Thecommission shall have five members, three of whom shall beappointed by the board of county commissioners, and two by thejudge, or the presiding judge if there is one, of the court ofcommon pleas of the county. At least one member appointed byeach of these appointing bodies shall be an attorney admitted tothe practice of law in this state.

(B) The board of county commissioners shall select aspecific day for the county public defender commission to beestablished and on which all members' appointments shall takeeffect, and shall notify the Ohio public defender commission ofthe date.

(C) Of the initial appointments made to the county publicdefender commission, two appointments by the county commissionersand one appointment by the court shall be for a term of two yearsending two years after the date the commission is established,and one appointment by each of the appointing bodies shall be fora term ending four years after the date the commission isestablished. Thereafter, terms of office shall be for fouryears, each term ending on the same day of the same month of theyear as did the term which it succeeds. Each member shall holdoffice from the date of his appointment until the end of the termfor which he the member was appointed. Any member appointed tofill avacancy occurring prior to the expiration of the term for whichhis the member's predecessor was appointed shall hold office forthe remainderof such term. Any member shall continue in office subsequent tothe expiration date of his the member's term until hisa successor takes office,or until a period of sixty days has elapsed, whichever occursfirst.

(D) The members of the commission shall choose as chairmanchairpersonone of the commission members, who shall serve as chairmanchairperson fortwo years. Meetings shall be held at least quarterly and at suchother times as called by the chairman chairperson or by requestof the countypublic defender. Members of the commission may receive an amountfixed by the county commissioners, but not in excess of theamounts set for the members of the Ohio public defendercommission pursuant to section 124.14 of the Revised Code perdiem for every meeting of the board they attend, and necessaryexpenses including mileage for each mile necessarily traveled.

(E) The county commissioners may terminate the countypublic defender commission at any time if at least ninety daysprior to termination, the commissioners notify the Ohio publicdefender commission in writing of the termination date. Upon thetermination date all pending county public defender matters shallbe transferred to the state public defender, a joint countypublic defender, or appointed counsel.

(F) Fifty per cent of the The cost of representation in allmatters assumed by the state public defender shall be charged tothe counties in accordance with division (D) of section 120.06 ofthe Revised Code.

Sec. 120.23.  (A) The boards of county commissioners intwo or more adjoining or neighboring counties may form themselvesinto a joint board and proceed to organize a district for theestablishment of a joint county public defender commission. Thecommission shall have three members from each county, who shallbe appointed by the board of county commissioners of the county.

(B) The boards shall agree on a specific date for thejoint county public defender commission to be established, onwhich date the appointments of all members shall take effect.The joint board shall notify the Ohio public defender commissionof the date.

(C) Of the initial appointments made by each county to thejoint county public defender commission, one appointment shall befor a term of one year ending one year after the date thecommission is established, one appointment shall be for a term oftwo years ending two years after the date the commission isestablished, and one appointment shall be for a period of threeyears, ending three years after the date the commission isestablished. Thereafter, terms of office shall be for threeyears, each term ending on the same day of the same month of theyear as did the term which it succeeds. Each member shall holdoffice from the date of his appointment until the end of the termfor which he the member was appointed. Any member appointed tofill avacancy occurring prior to the expiration of the term for whichhis the member's predecessor was appointed shall hold office forthe remainderof the term. Any member shall continue in office subsequent tothe expiration date of his the member's term until hisa successor takes office,or until a period of sixty days has elapsed, whichever occursfirst.

(D) The members of the commission shall choose as chairmanchairpersonone of the commission members, who shall serve as chairmanchairperson fortwo years. Meetings shall be held at least quarterly and at suchother times as called by the chairman chairperson or by requestof the jointcounty public defender. Members of the commission may receive anamount fixed by the agreement of the boards of commissioners ofthe counties in the district, but not in excess of the amount setfor the members of the Ohio public defender commission pursuantto section 124.14 of the Revised Code per diem for every meetingof the commission they attend, and necessary expenses includingmileage for each mile necessarily traveled.

(E) The agreement of the boards of county commissionersestablishing the joint county public defender commission shallprovide for the allocation of the proportion of expenses to bepaid by each county, which may be based upon population, numberof cases, or such other factors as the commissioners determine tobe appropriate. The county commissioners may amend theiragreement from time to time to provide for a different allocationof the proportion of expenses to be paid by each county.

(F) The county auditor of the county, with the greatestpopulation is hereby designated as the fiscal officer of a jointcounty public defender district organized under this section.The county auditors of the several counties composing the jointcounty public defender commission district shall meet at thecommission office not less than once in each six months, toadjust accounts and to transact such other duties in connectionwith the commission as pertain to the business of their office.

(G) Each member of the board of county commissioners whomeets by appointment to consider the organization of a jointcounty public defender commission shall, upon presentation ofproperly certified accounts, be paid his the member's necessaryexpenses upona warrant drawn by the county auditor of his the member'scounty.

(H) The board of county commissioners of any county withina joint county public defender commission district may withdrawfrom the district. Such withdrawal shall not be effective untilat least ninety days after the board has notified the Ohio publicdefender commission, the joint county public defender commissionof the district, and each board of county commissioners in thedistrict, in writing of the termination date. The failure of aboard of county commissioners to approve an annual operatingbudget for the office of the joint county public defender asprovided in division (C)(1) of section 120.24 of the Revised Codeconstitutes a notice of withdrawal by the county from thedistrict, effective on the ninetieth day after commencement ofthe next fiscal year. Upon the termination date, all jointcounty public defender matters relating to the withdrawing countyshall be transferred to the state public defender, a countypublic defender, or appointed counsel.

(I) Fifty per cent of the The cost of representation in allmatters assumed by the state public defender shall be charged tothe counties in accordance with division (D) of section 120.06 ofthe Revised Code.

Members of the joint county public defender commission whoare residents of a county withdrawing from such district aredeemed to have resigned their positions upon the completion ofthe withdrawal procedure provided by this section. Vacanciesthus created shall not be filled.

If two or more counties remain within the district afterthe withdrawal, the boards of county commissioners of theremaining adjoining or neighboring counties may agree to continuethe operation of the joint county public defender commission andto reallocate the proportionate share of expenses to be paid byeach participating county.

Sec. 120.36. (A) If a person who is a defendant in a criminal case or a party in a case in juvenile court requests or is provided a state public defender, a county or joint county public defender, or any other counsel appointed by the court, the court in which the criminal case is initially filed or the juvenile court, whichever is applicable, shall assess, unless the application fee is waived or reduced, a non-refundable application fee of twenty-five dollars.

The court shall direct the person to pay the application fee to the clerk of court. The person shall pay the application fee at the time the person files an affidavit of indigency or a financial disclosure form with the court or within seven days of that date. If the person does not pay the application fee within that seven-day period, the court shall assess the application fee at sentencing or at the final disposition of the case.

If a case involving a felony that was initially filed in a municipal court or a county court is bound over to the court of common pleas and the defendant in the case failed to pay the application fee in the municipal court or county court, the court of common pleas shall assess the application fee at the initial appearance of the defendant in the court of common pleas. If a case involving an alleged delinquent child is transferred to the court of common pleas for prosecution of the involved child as an adult and if the involved child failed to pay the fee in the juvenile court, the court of common pleas shall assess the application fee at the initial appearance of the child in the court of common pleas.

The court shall assess an application fee pursuant to this section one time per case. An appeal shall not be considered a separate case for the purpose of assessing the application fee. The court may waive or reduce the fee upon a finding that the person lacks financial resources that are sufficient to pay the fee or that payment of the fee would result in an undue hardship.

(B) No court, state public defender, county or joint county public defender, or other counsel appointed by the court shall deny a person the assistance of counsel solely due to the person's failure to pay the application fee assessed pursuant to division (A) of this section. A person's present inability, failure, or refusal to pay the application fee shall not disqualify that person from legal representation.

(C) The application fee assessed pursuant to division (A) of this section is separate from and in addition to any other amount assessed against a person who is found to be able to contribute toward the cost of the person's legal representation pursuant to division (D) of section 2941.51 of the Revised Code.

(D) The clerk of the court that assessed the fees shall forward all application fees collected pursuant to this section to the county treasurer for deposit in the county treasury. The county shall retain eighty per cent of the application fees so collected to offset the costs of providing legal representation to indigent persons. Each month, the county auditor shall remit twenty per cent of the application fees so collected to the state public defender. The state public defender shall deposit the remitted fees into the state treasury to the credit of the client payment fund created pursuant to division (B)(5) of section 120.04 of the Revised Code. The state public defender may use that money in accordance with that section.

(E) On or before the first day of March of each year beginning in the year 2007, each clerk of court shall provide to the state public defender and the state auditor a report including all of the following:

(1) The number of persons in the previous calendar year who requested or were provided a state public defender, county or joint county public defender, or other counsel appointed by the court;

(2) The number of persons in the previous calendar year for whom the court waived the application fee pursuant to division (A) of this section;

(3) The dollar value of the assessed application fees pursuant to division (A) of this section in the previous calendar year;

(4) The amount of assessed application fees collected in the previous calendar year;

(5) The balance of unpaid assessed application fees at the open and close of the previous calendar year.

(F) As used in this section:

(1) "Clerk of court" means the clerk of the court of common pleas of the county, the clerk of the juvenile court of the county, the clerk of a municipal court in the county, the clerk of a county-operated municipal court, or the clerk of a county court in the county, whichever is applicable.

(2) "County-operated municipal court" has the same meaning as in section 1901.03 of the Revised Code.

Sec. 120.52.  There is hereby established in the statetreasury the legal aid fund, which shall be for the charitablepublic purpose of providing financial assistance to legal aidsocieties that provide civil legal services to indigents. Thefund shall contain all funds credited to it by the treasurer ofstate pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09and 4705.10 of the Revised Code and income from investment creditedto it by the treasurer of state in accordance with this section.

The treasurer of state may invest moneys contained in thelegal aid fund in any manner authorized by the Revised Code forthe investment of state moneys. However, no such investmentshall interfere with any apportionment, allocation, or payment ofmoneys in January and July of each calendar year, as required bysection 120.53 of the Revised Code. All income earned as aresult of any such investment shall be credited to the fund.

The state public defender, through the Ohio legalassistance foundation, shall administer the payment of moneys outof the fund. Four and one-half per cent of the moneys in thefund shall be reserved for the actual, reasonable costs ofadministering sections 120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and4705.10 of the Revised Code. Moneys that are reserved foradministrative costs but that are not used for actual, reasonableadministrative costs shall be set aside for use in the mannerdescribed in division (A) of section120.521 of the Revised Code. The remainder of the moneys in the legal aid fundshall bedistributed in accordance with section 120.53 of the RevisedCode. The Ohio legal assistance foundation shall establish, in accordance with Chapter 119. of the Revised Code, rulesgoverning the administration of the legal aid fund, including theprogram programs established under sections 1901.26, 1907.24, 2303.201, 4705.09, and 4705.10 of theRevised Code regarding interest on interest-bearing trust accounts of anattorney, law firm, or legal professional association.

Sec. 120.53.  (A) A legal aid society that operates withinthe state may apply to the Ohio legal assistance foundation forfinancial assistance from the legal aid fund established bysection 120.52 of the Revised Code to be used for the funding ofthe society during the calendar year following the calendar yearin which application is made.

(B) An application for financial assistance made underdivision (A) of this section shall be submitted by the first dayof November of the calendar year preceding the calendar year forwhich financial assistance is desired and shall include all ofthe following:

(1) Evidence that the applicant is incorporated in thisstate as a nonprofit corporation;

(2) A list of the trustees of the applicant;

(3) The proposed budget of the applicant for these fundsfor the following calendar year;

(4) A summary of the services to be offered by theapplicant in the following calendar year;

(5) A specific description of the territory orconstituency served by the applicant;

(6) An estimate of the number of persons to be served bythe applicant during the following calendar year;

(7) A general description of the additional sources of theapplicant's funding;

(8) The amount of the applicant's total budget for thecalendar year in which the application is filed that it willexpend in that calendar year for legal services in each of thecounties it serves;

(9) A specific description of any services, programs,training, and legal technical assistance to be delivered by theapplicant or by another person pursuant to a contract with theapplicant, including, but not limited to, by private attorneys orthrough reduced fee plans, judicare panels, organized pro bonoprograms, and mediation programs.

(C) The Ohio legal assistance foundation shall determinewhether each applicant that filed an application for financialassistance under division (A) of this section in a calendar yearis eligible for financial assistance under this section. To beeligible for such financial assistance, an applicant shallsatisfy the criteria for being a legal aid society and shall be in compliancewith the provisions of sections 120.51 to 120.55 of the Revised Code and withthe rules and requirements the foundation establishes pursuant to section120.52 of the Revised Code. The Ohio legal assistance foundation then, on orbefore the fifteenth dayof December of the calendar year in which the application isfiled, shall notify each such applicant, in writing, whether itis eligible for financial assistance under this section, and ifit is eligible, estimate the amount that will be available forthat applicant for each six-month distribution period, asdetermined under division (D) of this section.

(D) The Ohio legal assistance foundation shall allocatemoneys contained in the legal aid fund twice each year fordistribution to applicants that filed their applications in theprevious calendar year and were determined to be eligibleapplicants.

All moneys contained in the fund on the first day ofJanuary of a calendar year shall be allocated, after deduction ofthe costs of administering sections 120.51 to 120.55 and sections1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised Code that are authorized bysection 120.52 of the Revised Code, according to this section andshall be distributed accordingly on the thirty-first day ofJanuary of that calendar year, and all moneys contained in thefund on the first day of July of that calendar year shall beallocated, after deduction of the costs of administering thosesections that are authorized by section 120.52 of the RevisedCode, according to this section and shall be distributedaccordingly on the thirty-first day of July of that calendaryear. In making the allocations under this section, the moneys in the fundthat were generated pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231,4705.09, and 4705.10 of the Revised Code and all income generatedfrom the investment of such moneys shall be apportioned asfollows:

(1) After deduction of the amount authorized and used foractual, reasonable administrative costs under section 120.52 ofthe Revised Code:

(a) Five per cent of the moneys remaining in the fund,plus any moneys reserved for administrative costs under thatsection that are not used for actual, reasonable administrativecosts, shall be reserved for use in the manner described in division (A) of section 120.521 of the Revised Code or for distribution to legal aid societiesthat provide assistance to special population groups of theireligible clients, engage in special projects that have asubstantial impact on their local service area or on significantsegments of the state's poverty population, or provide legaltraining or support to other legal aid societies in the state;

(b) After deduction of the amount described in division(D)(1)(a) of this section, one and three-quarters per cent of themoneys remaining in the fund shall be apportioned among entitiesthat received financial assistance from the legal aid fund priorto the effective date of this amendment but that, on and afterthe effective date of this amendment, no longer qualify as alegal aid society that is eligible for financial assistance underthis section.

(c) After deduction of the amounts described in divisions (D)(1)(a) and (b) of this section, fifteen per cent of the moneys remaining in the fund shall be placed in the legal assistance foundation fund for use in the manner described in division (A) of section 120.521 of the Revised Code.

(2) After deduction of the actual, reasonableadministrative costs under section 120.52 of the Revised Code andafter deduction of the amounts identified in division divisions (D)(1)(a)and, (b), and (c) of this section, the remaining moneys shall beapportioned among the counties that are served by eligible legalaid societies that have applied for financial assistance underthis section so that each such county is apportioned a portion ofthose moneys, based upon the ratio of the number of indigents whoreside in that county to the total number of indigents who residein all counties of this state that are served by eligible legalaid societies that have applied for financial assistance underthis section. Subject to division (E) of this section, themoneys apportioned to a county under this division then shall beallocated to the eligible legal aid society that serves thecounty and that has applied for financial assistance under thissection. For purposes of this division, the source of dataidentifying the number of indigent persons who reside in a countyshall be the most recent decennial census figures from the UnitedStates department of commerce, division of census.

(E) If the Ohio legal assistance foundation, in attemptingto make an allocation of moneys under division (D)(2) of thissection, determines that a county that has been apportioned moneyunder that division is served by more than one eligible legal aidsociety that has applied for financial assistance under thissection, the Ohio legal assistance foundation shall allocate themoneys that have been apportioned to that county under division(D)(2) of this section among all eligible legal aid societiesthat serve that county and that have applied for financialassistance under this section on a pro rata basis, so that eachsuch eligible society is allocated a portion based upon theamount of its total budget expended in the prior calendar yearfor legal services in that county as compared to the total amountexpended in the prior calendar year for legal services in thatcounty by all eligible legal aid societies that serve that countyand that have applied for financial assistance under thissection.

(F) Moneys allocated to eligible applicants under thissection shall be paid twice annually, on the thirty-first day ofJanuary and on the thirty-first day of July of the calendar yearfollowing the calendar year in which the application is filed.

(G)(1) A legal aid society that receives financialassistance in any calendar year under this section shall file anannual report with the Ohio legal assistance foundation detailingthe number and types of cases handled, and the amount and typesof legal training, legal technical assistance, and other serviceprovided, by means of that financial assistance. No informationcontained in the report shall identify or enable theidentification of any person served by the legal aid society orin any way breach client confidentiality.

(2) The Ohio legal assistance foundation shall make anannual report to the governor, the general assembly, and thesupreme court on the distribution and use of the legal aid fund. Thefoundation also shall include in the annual report an audited financialstatement of all gifts, bequests, donations, contributions, and other moneysthe foundation receives. No information contained in the report shallidentify or enablethe identification of any person served by a legal aid society,or in any way breach confidentiality.

(H) A legal aid society may enter into agreements for theprovision of services, programs, training, or legal technicalassistance for the legal aid society or to indigent persons.

Sec. 121.37.  (A)(1) There is hereby created the Ohio familyand children first cabinet council. The council shall becomposedof the superintendent of public instruction and thedirectors ofyouth services, job and family services,mental health,health,alcohol and drug addiction services, mental retardationanddevelopmental disabilities, and budget and management. Thechairperson of the council shall be the governor or thegovernor'sdesignee and shall establish procedures for the council'sinternalcontrol and management.

(2) The purpose of the cabinet council is to help familiesseeking government services. This section shall not beinterpreted or applied to usurp the role of parents, but solelytostreamline and coordinate existing government services forfamilies seeking assistance for their children.

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

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

(b) Advise and assess local governments on thecoordinationof service delivery to children;

(c) Hold meetings at such times and places as may beprescribed by the council's procedures and maintain records ofthemeetings, except that records identifyingindividual children areconfidential and shall be disclosedonly as provided by law;

(d) Develop programs and projects, including pilotprojects,to encourage coordinated efforts at the state and locallevel toimprove the state's social service deliverysystem;

(e) Enter into contracts with and administer grants tocounty family and children first councils, as well asother countyormulticounty organizations to plan and coordinate servicedeliverybetween state agencies and local service providers forfamiliesand children;

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

(g) Enter into interagency agreementsto encouragecoordinated efforts at the state and local level to improve thestate's social service delivery system. The agreements mayinclude provisionsregarding the receipt, transfer, andexpenditure of funds;

(h) Identify public and private funding sources for servicesprovided to alleged or adjudicated unruly children and childrenwho are at risk of being alleged or adjudicated unruly children,including regulations governing access to and use of the services;

(i) Collect information provided by local communitiesregarding successful programs for prevention, intervention, andtreatment of unruly behavior, including evaluations of theprograms;

(j) Identify and disseminate publications regarding allegedor adjudicated unruly children and children who are at risk ofbeing alleged or adjudicated unruly children and regardingprograms serving those types of children;

(k) Maintain an inventory of strategic planning facilitatorsfor use by government or nonprofit entities that serve alleged oradjudicated unruly children or children who are at risk of beingalleged or adjudicated unruly children.

(3) The cabinet council shall provide forthe following:

(a) Reviews of service and treatmentplans for children forwhich such reviews are requested;

(b) Assistance as the councildetermines to benecessary tomeet the needs of children referred bycounty familyand childrenfirst councils;

(c) Monitoring and supervisionof astatewide,comprehensive, coordinated, multi-disciplinary,interagency systemfor infants and toddlers with developmentaldisabilities or delaysand their families, as establishedpursuant to federal grantsreceived and administered by thedepartment of health for earlyintervention services under the"Education of the Handicapped ActAmendments of 1986," 100 Stat. 1145 (1986), 20 U.S.C.A. 1471 Individuals with Disabilities Education Act of 2004," 20 U.S.C.A. 1400, asamended.

(B)(1) Each board of county commissioners shallestablish acounty family and childrenfirst council. The board may inviteany local publicor private agency orgroup that funds, advocates,or provides services to children and families tohave arepresentative become a permanent or temporary member of itscountycouncil. Each county council mustinclude the followingindividuals:

(a) At least three individuals who are not employed by an agency represented on the council and whose families are or havereceivedservices from an agency represented on the council oranother county'scouncil. Where possible, the number of membersrepresenting families shall beequal to twenty per cent of thecouncil's membership.

(b) The director of the board ofalcohol, drug addiction,and mental health services that servesthe county, or, in the caseof a county that has a board ofalcohol and drug addictionservices and a community mentalhealth board, the directors ofboth boards. If a board of alcohol, drugaddiction, and mentalhealth services covers more than one county, the director maydesignate aperson to participate on the county's council.

(c) The health commissioner, or the commissioner'sdesignee,of theboard of health of each city and general health district inthecounty. If the county has two or more health districts, thehealth commissioner membership may be limited to the commissionersof the twodistricts with the largest populations.

(d) The director of the county department of job andfamilyservices;

(e) The executive director of thecounty agency responsiblefor the administration of public childrenservices pursuant to section5153.15 of theRevised Code agency;

(f) The superintendent of thecounty board of mentalretardation and developmental disabilities;

(g) The county's juvenile court judge senior in serviceoranother judge of the juvenile court designated by theadministrativejudge or, where there is no administrative judge,by the judge senior inservice;

(h) The superintendent of the city, exemptedvillage, orlocal school district with the largest number ofpupils residingin the county, as determined by the departmentof education, whichshall notify each board of countycommissioners of itsdetermination at least biennially;

(i) A school superintendent representing allother schooldistricts with territory in the county, asdesignated at abiennial meeting of the superintendents of thosedistricts;

(j) A representative of themunicipal corporation with thelargest population in thecounty;

(k) The president of the board of countycommissioners, oran individual designated by the board;

(l) A representative of the regional office of thedepartment ofyouth services;

(m) A representative of thecounty's head start agencies, asdefined in section 3301.31 3301.32 ofthe Revised Code;

(n) A representative of the county's earlyinterventioncollaborative established pursuant to the federalearlyintervention program operated under the"Education of theHandicapped ActAmendments of 1986";

(o) A representative of a local nonprofit entitythat funds,advocates, or provides services to children and families.

Notwithstanding any other provision of law, the publicmembers of a countycouncil are notprohibited from serving on thecouncil and making decisionsregarding the duties of the council,including those involving the fundingof joint projects and thoseoutlined in the county's servicecoordination mechanismimplemented pursuant todivision (C) of this section.

The cabinet council shall establish a state appeals processto resolvedisputes among the members of a county councilconcerning whether reasonableresponsibilities as members arebeing shared. The appeals process may beaccessed only by amajority vote of the council members who are required toserve onthe council. Upon appeal, the cabinet council may order thatstatefunds for services to children and families be redirected toa county's boardof county commissioners.

(2) A The purpose of the county council is to streamline and coordinate existing government services for families seeking services for their children. In seeking to fulfill its purpose, a county council shall provide for the following:

(a) Referrals to the cabinet council of thosechildren forwhom thecounty council cannot provide adequate services;

(b) Development and implementation of a process thatannually evaluates andprioritizes services,fills service gapswhere possible, and invents new approachesto achieve betterresults for families and children;

(c) Participation in the developmentof a countywide,comprehensive, coordinated,multi-disciplinary, interagency systemfor infants and toddlerswith developmental disabilities or delaysand their families, asestablished pursuant to federal grantsreceived and administeredby the department of health for earlyintervention servicesunder the "Education of theHandicapped ActAmendments of 1986";

(d) Maintenance of an accountabilitysystem tomonitor thecounty council's progress in achievingresults for families andchildren;

(e) Establishment of a mechanism toensure ongoinginputfrom a broad representation of families who are receivingserviceswithin the county system.

(3)(a) Except as provided in division (B)(3)(b)of thissection, a county council shall comply with thepolicies,procedures, and activities prescribed by the rules orinteragencyagreements of a state department participating onthe cabinetcouncil whenever the countycouncilperforms a function subject tothose rules or agreements.

(b) On application of a county council, thecabinet councilmay grant an exemption from any rules orinteragency agreements ofa state department participating onthe council if an exemption isnecessary for the council toimplement an alternative program orapproach forservice delivery to families andchildren. Theapplication shall describe the proposed programor approach andspecify the rules or interagency agreements from whichanexemption is necessary. The cabinet council shall approve ordisapprove the application in accordance with standards andprocedures it shall adopt. If an application is approved, theexemption is effective only while the programor approach is beingimplemented, including areasonable period during which theprogram or approach is being evaluated for effectiveness.

(4)(a) Each county council shall designate anadministrativeagent for the council from among the following public entities:the board of alcohol, drug addiction, and mental health services,including aboard of alcohol and drug addiction or a communitymental health board if thecounty is served by separate boards;the board of county commissioners; anyboard of health of thecounty's city and general health districts; the countydepartmentof job and family services; the county agencyresponsible for theadministration of children services pursuant to section 5153.15 ofthe RevisedCode; thecounty board of mental retardation anddevelopmental disabilities; any of thecounty's boards ofeducation or governing boards of educational servicecenters; orthe county's juvenile court. Any of the foregoing publicentities, other than the board of county commissioners, maydecline to serveas the council's administrative agent.

A county council's administrative agent shall serve as thecouncil'sappointing authority for any employees of the council.The councilshall file an annual budget with itsadministrativeagent, with copies filed with the county auditor and with theboard of county commissioners, unless the board is serving as thecouncil'sadministrative agent. The council's administrativeagent shall ensure thatall expenditures are handled in accordancewith policies, procedures, andactivities prescribed by statedepartments in rules or interagency agreementsthat are applicableto the council's functions.

The administrative agent for a county council may do any ofthe followingon behalf of the council:

(i) Enter into agreements or administer contracts withpublic orprivate entities to fulfill specific council business.Such agreements andcontracts are exempt from the competitivebidding requirements of section307.86 of the RevisedCode if theyhave been approved by the countycouncil and they are for thepurchase of family and child welfare or childprotection servicesor other social or job and familyservices for families andchildren. The approval of the county council is notrequired toexempt agreements or contracts entered into under section 5139.34,5139.41, or 5139.43 of the RevisedCode from the competitivebidding requirementsof section 307.86 of the Revised Code.

(ii) As determined by the council, provide financialstipends,reimbursements, or both, to family representatives forexpenses related tocouncil activity;

(iii) Receive by gift, grant, devise, or bequest anymoneys,lands,or other property for the purposes for which the council isestablished. Theagent shall hold, apply, and dispose of themoneys, lands, or other propertyaccording to the terms of thegift, grant, devise, or bequest. Any interestor earnings shallbe treated in the same manner and are subject to the sameterms asthe gift, grant, devise, or bequest from which it accrues.

(b)(i) If the county council designates the board of countycommissioners as its administrative agent, the board may, byresolution,delegate any of its powers and duties asadministrative agent to an executivecommittee the boardestablishes from the membership of the county council. The boardshall name to the executive committee at least the individualsdescribed in divisions (B)(1)(b) through(h)(a) to (i) of this section andmay appoint the president of the board oranother individual asthe chair of the executive committee. The executive committee must include at least one family county council representative who does not have a family member employed by an agency represented on the council.

(ii) The executive committee may, with the approval of theboard,hire an executive director to assist the county council inadministering itspowers and duties. The executive director shallserve in the unclassifiedcivil service at the pleasure of theexecutive committee. The executivedirector may, with theapproval of the executive committee, hire otheremployees asnecessary to properly conduct the county council's business.

(iii) The board may require the executive committee tosubmit anannual budget to the board for approval and may amend orrepeal the resolutionthat delegated to the executive committeeits authority as the countycouncil's administrative agent.

(5) Two or more county councils may enter into anagreementto administer their county councils jointly bycreating a regionalfamily and children first council. A regional councilpossessesthe same duties and authoritypossessed by a county council,except that the duties andauthority apply regionally rather thanto individual counties. Prior toentering into an agreement tocreate a regionalcouncil, the members of each county council tobe part of theregional council shall meet to determine whetherall or part ofthe members of each county council will serve asmembers of theregional council.

(6) A board of county commissioners may approve a resolutionby a majorityvoteof the board's members that requires the countycouncil to submit a statement to the board each timethe councilproposes to enter into an agreement, adopt aplan, or make adecision,other than a decision pursuant to section 121.38 of theRevised Code, thatrequires theexpenditure of funds for two ormore families. Thestatement shall describe the proposedagreement, plan, or decision.

Not later than fifteen days after the board receives thestatement, itshall, by resolution approved by a majority of itsmembers, approve ordisapprove the agreement, plan, or decision.Failure of the board to pass aresolution during that time periodshall be considered approval of theagreement, plan, or decision.

An agreement, plan, or decision for which a statement isrequired to besubmitted to the board shall be implemented only ifit is approvedby the board.

(C) Each county shall develop acounty service coordinationmechanism. The county service coordination mechanism shall serve as the guiding document for coordination of services in the county. For children who also receive services under the help me grow program, the service coordination mechanism shall be consistent with rules adopted by the department of health under section 3701.61 of the Revised Code. All family service coordination plans shall be developed in accordance with the county service coordination mechanism. Themechanism shall be developedand approved with theparticipation of the countyentities representing child welfare;mentalretardation and developmental disabilities; alcohol, drugaddiction, and mental health services; health; juvenile judges;education; the county family and children first council; and thecountyearlyintervention collaborative established pursuant tothefederal earlyintervention program operated under the"Education of theHandicapped Act Amendments of 1986." The countyshallestablish an implementation schedule for the mechanism. Thecabinet councilmay monitor the implementation and administrationof each county's servicecoordination mechanism.

Each mechanism shall include all ofthefollowing:

(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 juvenilecourt or a child whose parent or custodian is voluntarily seekingservices an agency, including a juvenile court, or a family voluntarily seeking service coordination, to refer the child and family to the county council for service coordination in accordance with the county service coordination mechanism;

(2) A procedure ensuring that a family and all appropriate staff from involved agencies, including a representative from the appropriate school district, are notified of and invited to participate in all family service coordination plan meetings;

(3) A procedure that permits a family to initiate a meeting to develop or review the family's service coordination plan and allows the family to invite a family advocate, mentor, or support person of the family's choice to participate in any such meeting;

(4) A procedure for ensuring that a family service coordination plan meeting is conducted before a non-emergency out-of-home placement for all multi-need children, or within ten days of a placement for emergency placements of multi-need children. The family service coordination plan shall outline how the county council members will jointly pay for services, where applicable, and provide services in the least restrictive environment.

(5) A procedure for monitoring the progress and tracking the outcomes of each service coordination plan requested in the county including monitoring and tracking children in out-of-home placements to assure continued progress, appropriateness of placement, and continuity of care after discharge from placement with appropriate arrangements for housing, treatment, and education.

(6) A procedure for protecting the confidentiality of all personal family information disclosed during service coordination meetings or contained in the comprehensive family service coordination plan.

(7) A procedure for assessing the service needs and strengths of thefamily of any child or family that has been referred to the council for service coordination, including a child who is an abused,neglected, dependent, unruly, or delinquent child and under thejurisdiction of the juvenile court or a child whose parent orcustodian is voluntarily seeking services, and for ensuring that parents and custodians are afforded the opportunity to participate;

(3)(8) A procedure for development of a comprehensive joint familyservice coordination plandescribed in division(D) of this section;

(4)(9) A local dispute resolutionprocess to serve as theprocess that must be used first to resolvedisputes among theagencies represented on the county council concerning theprovision ofservicesto children,including children who areabused, neglected, dependent, unruly,alleged unruly, ordelinquent children and under the jurisdiction of the juvenilecourt and children whose parents or custodians arevoluntarilyseeking services. The local dispute resolutionprocess shallcomplywith section121.38 of the Revised Code. The The local dispute resolution process shall be used to resolve disputes between a child's parents or custodians and the county council regarding service coordination. The county council shall inform the parents or custodians of their right to use the dispute resolution process. Parents or custodians shall use existing local agency grievance procedures to address disputes not involving service coordination. The dispute resolution process is in addition to and does not replace other rights or procedures that parents or custodians may have under other sections of the Revised Code.

Thecabinetcouncil shall adopt rules inaccordance with Chapter 119.of theRevised Code establishing anadministrativereview processtoaddress problems that arise concerning the operation of alocaldispute resolution process.

Nothing in division (C)(4) of this section shall be interpreted as overriding or affecting decisions of a juvenile court regarding an out-of-home placement, long-term placement, or emergency out-of-home placement.

(D)Each county shall develop a comprehensive joint family service coordinationplanthat does both all of the following:

(1) Designates service responsibilities among the variousstate and localagencies that provide services to children andtheir families, includingchildren who are abused, neglected,dependent, unruly, or delinquent childrenand under thejurisdiction of the juvenile court and children whose parents orcustodians are voluntarily seeking services;

(2) Designates an individual, approved by the family, to track the progress of the family service coordination plan, schedule reviews as necessary, and facilitate the family service coordination plan meeting process;

(3) Ensures that assistance and services to be provided are responsive to the strengths and needs of the family, as well as the family's culture, race, and ethnic group, by allowing the family to offer information and suggestions and participate in decisions. Identified assistance and services shall be provided in the least restrictive environment possible.

(4) Includes a service coordination process for dealing witha childwho is alleged to be an unruly child. The servicecoordination process shall include methods todivert the childfrom the juvenile court system;

(5) Includes timelines for completion of goals specified in the plan with regular reviews scheduled to monitor progress toward those goals;

(6) Includes a plan for dealing with short-term crisis situations and safety concerns.

(E)(1) The service coordination process provided forunderdivision(D)(2)(4) of this section may include, but is not limitedto, the following:

(a) An assessment of the needs and strengths of the childand the child'sfamily and the services the child and the child'sfamily need;

(b) Designation of the person or agency to conduct theassessment of the child and the child's family as described indivision(E)(1)(a)(C)(7) of this section and designation oftheinstrument or instruments to be used to conduct the assessment;

(c) Designation of the agency to provide case managementservices to the child and to the child's family;

(d)(b) An emphasis on the personal responsibilities of thechild and the parental responsibilities of the parents, guardian,or custodianof the child;

(e)(c) Involvement of local law enforcement agencies andofficials.

(2) The method to divert a child from the juvenile courtsystem that must be included in the service coordination processmay include, butis not limitedto, the following:

(a) The preparation of a complaint under section 2151.27 ofthe Revised Codealleging that the child is an unruly child andnotifying the child andthe parents, guardian, or custodian thatthe complaint hasbeen prepared to encourage the child and theparents, guardian, orcustodian to comply with other methods todivert thechild from the juvenile court system;

(b) Conducting a meeting with the child, the parents,guardian, or custodian, and other interested parties todeterminethe appropriate methods to divert the child from the juvenilecourt system;

(c) A method for dealing with short-term crisis situationsinvolving a confrontation between the child and the parents,guardian,or custodian;

(d) A method to provide to the child and thechild's familya short-term respite from a short-term crisis situationinvolvinga confrontation between the child and the parents, guardian,orcustodian;

(e)(d) A program to provide a mentor to the child or theparents, guardian, or custodian;

(f)(e) A program to provide parenting education to the parents,guardian, or custodian;

(g)(f) An alternative school program for children who aretruant from school, repeatedly disruptive in school, or suspendedor expelledfrom school;

(h)(g) Other appropriate measures, including, but not limitedto,any alternative methods to divert a child from the juvenilecourtsystem that are identified by the Ohio family and childrenfirst cabinet council.

(F) Each county may review and revise the servicecoordination process described in division (D)(2) of this sectionbased on the availability of funds under Title IV-A of the "SocialSecurity Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,or to the extent resources are available from any other federal,state, or local funds.

Sec. 121.373. There is hereby created in the state treasury the family and children first administration fund. The fund shall consist of money that the director of budget and management transfers from one or more funds of one or more agencies represented on the Ohio family and children first cabinet council. The director may transfer only money that state or federal law permits to be used for the cabinet council's administrative costs. Money in the fund shall be used to pay the cabinet council's administrative costs.

Sec. 121.38.  (A) An agency represented on a county family andchildren first council that disagrees with the council's decision concerningthe services orfunding for services a child is to receive from agencies represented on thecouncil may initiate the local dispute resolutionprocess established inthe county service coordination mechanism applicableto the council. On completion of theprocess, the decision maker designated in the mechanism shall issue a writtendetermination that directs one or more agencies represented on the council toprovide servicesor funding for services to the child. The determination shall include a planof care governing the manner in which the services orfunding are to be provided. The decision maker shall base the plan of care onthe comprehensive joint family service coordination plan developed as part of the county'sservicecoordination mechanism and on evidence presented during the localdispute resolution process. The decision makermay require an agency toprovide services or funding only if the child's condition or needs qualify thechild for services under the laws governing the agency.

(B) An agency subject to a determination issued pursuant to alocal dispute resolution process shall immediately comply with thedetermination,unless the agency objects to the determination by doing one of the followingnot 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 trafficoffender, filing in the juvenile court of the county having jurisdiction overthe child's case a motion requesting that the court hold a hearing todetermine which agencies are to provide services or funding for services tothe child.

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

The court shall hold a hearing as soon as possible, but notlaterthanninety days after the motion or complaint is filed. At least five daysbefore the date on which the court hearing is to be held, the court shall sendeach agency subject to the determination written notice by first class mail ofthe date, time, place, and purpose of the court hearing. In the case of amotion filed under division (B)(1) of this section, the court mayconduct the hearing as part of the adjudicatory or dispositional hearingconcerning the child, if appropriate, and shall provide notice as required forthose hearings.

Except in cases in which the hearing is conducted as part of theadjudicatory or dispositional hearing, a hearing held pursuant to thisdivision shall be limited to a determination of which agencies are to provideservices or funding for services to the child. At the conclusion of thehearing, the court shall issue an order directing one or more agenciesrepresented on the county council to provide servicesorfunding for services to the child. The order shall include a plan of caregoverning themanner in which the services or funding are to be provided. The court shallbase the plan of care on the comprehensive joint family service coordination plandeveloped as part ofthe county's service coordination plan and on evidencepresented during the hearing. An agency required by the order to provideservices or funding shall be a party to anyjuvenile court proceeding concerning the child. The court may require anagency to provide services or funding for a child only if the child'scondition or needs qualify the child for services under the laws governing theagency.

(C) While the local dispute resolution process or court proceedingspursuant to this section are pending, each agency shall provide services andfunding as required by the decision made by the county council beforedispute resolution was initiated. If an agency that provides services orfunds during the local dispute resolution process or court proceedingsis determinedthrough the process or proceedings not to be responsible for providing them,it shall be reimbursed for the costs of providing the services orfundingby the agencies determined to be responsible for providing them.

Sec. 121.381. A parent or custodian who disagrees with a decision rendered by a county family and children first council regarding services for a child may initiate the dispute resolution process established in the county service coordination mechanism pursuant to division (C)(10) of section 121.37 of the Revised Code.

Not later than sixty days after the parent or custodian initiates the dispute resolution process, the council shall make findings regarding the dispute and issue a written determination of its findings.

Sec. 121.382. Each agency represented on a county family and children first council that is providing services or funding for services that are the subject of the dispute resolution process initiated by a parent or custodian under section 121.381 of the Revised Code shall continue to provide those services and the funding for those services during the dispute resolution process.

Sec. 121.403. (A) The Ohio community service council may do any of the following:

(1) Accept monetary gifts or donations;

(2) Sponsor conferences, meetings, or events in furtherance of the council's purpose described in section 121.40 of the Revised Code and charge fees for participation or involvement in the conferences, meetings, or events;

(3) Sell promotional items in furtherance of the council's purpose described in section 121.40 of the Revised Code.

(B) All monetary gifts and donations, funds from the sale of promotional items, and any fees paid to the council for conferences, meetings, or events sponsored by the council shall be deposited into the Ohio community service council gifts and donations fund, which is hereby created in the state treasury. Moneys in the fund may be used only as follows:

(1) To pay operating expenses of the council, including payroll, personal services, maintenance, equipment, and subsidy payments;

(2) To support council programs promoting volunteerism and community service in the state;

(3) As matching funds for federal grants.

Sec. 122.011.  (A) The department of development shalldevelop and promote plans and programs designed to assure thatstate resources are efficiently used, economic growth is properlybalanced, community growth is developed in an orderly manner, andlocal governments are coordinated with each other and the state,and for such purposes may do all of the following:

(1) Serve as a clearinghouse for information, data, andother materials that may be helpful or necessary to persons orlocal governments, as provided in section 122.07 of the RevisedCode;

(2) Prepare and activate plans for the retention,development, expansion, and use of the resources and commerce ofthe state, as provided in section 122.04 of the Revised Code;

(3) Assist and cooperate with federal, state, and localgovernments and agencies of federal, state, and localgovernmentsin the coordination of programs to carry out the functions andduties of the department;

(4) Encourage and foster research and developmentactivities, conduct studies related to the solution of communityproblems, and develop recommendations for administrative orlegislative actions, as provided in section 122.03 of the RevisedCode;

(5) Serve as the economic and community developmentplanningagency, which shall prepare and recommend plans andprograms forthe orderly growth and development of this state andwhich shallprovide planning assistance, as provided in section122.06 of theRevised Code;

(6) Cooperate with and provide technical assistance tostatedepartments, political subdivisions, regional and localplanningcommissions, tourist associations, councils ofgovernment,community development groups, community actionagencies, and otherappropriate organizations for carrying out thefunctions andduties of the department or for the solution ofcommunityproblems;

(7) Coordinate the activities of state agencies that haveanimpact on carrying out the functions and duties of thedepartment;

(8) Encourage and assist the efforts of and cooperate withlocal governments to develop mutual and cooperative solutions totheir common problems that relate to carrying out the purposes ofthis section;

(9) Study existing structure, operations, and financing ofregional or local government and those state activities thatinvolve significant relations with regional or local governmentalunits, recommend to the governor and to the general assembly suchchanges in these provisions and activities as will improve theoperations of regional or local government, and conduct otherstudies of legal provisions that affect problems related tocarrying out the purposes of this section;

(10) Create and operate a division of community developmentto develop andadminister programs and activities that areauthorized by federal statute orthe Revised Code;

(11) Until October 15, 2005 2007,establish fees and charges, inconsultation with thedirector of agriculture, for purchasingloans from financial institutions andproviding loan guaranteesunder the family farmloan program created under sections 901.80to 901.83 of the Revised Code;

(12) Provide loan servicing for the loans purchased andloanguaranteesprovidedunder section 901.80 of the Revised Codeasthat sectionexisted prior to October 15, 2005 2007;

(13) Until October 15, 2005 2007,and upon approval by thecontrolling board under division(A)(3) of section 901.82 of theRevisedCode of the release of money tobe used for purchasing aloan or providing a loan guarantee, request therelease ofthatmoney in accordance with division(B) of section 166.03 of theRevisedCode for use for the purposesof the fund created bysection 166.031 of theRevised Code.

(B)The director of development may request the attorneygeneralto, and the attorney general, in accordance with section109.02 of the Revised Code, shallbring a civil action in anycourt of competent jurisdiction. The director maybe sued in thedirector's official capacity, in connection with this chapter,inaccordance with Chapter 2743. of the Revised Code.

Sec. 122.075. (A) As used in this section:

(1) "Alternative fuel" means blended biodiesel or blended gasoline.

(2) "Biodiesel" means a mono-alkyl ester combustible liquid fuel that is derived from vegetable oils or animal fats, or any combination of those reagents, and that meets American society for testing and materials specification D6751-03a for biodiesel fuel (B100) blend stock distillate fuels.

(3) "Diesel fuel" and "gasoline" have the same meanings as in section 5735.01 of the Revised Code.

(4) "Ethanol" has the same meaning as in section 5733.46 of the Revised Code.

(5) "Blended biodiesel" means diesel fuel containing at least twenty per cent biodiesel by volume.

(6) "Blended gasoline" means gasoline containing at least eighty-five per cent ethanol by volume.

(7) "Incremental cost" means either of the following:

(a) The difference in cost between blended gasoline and gasoline containing ten per cent or less ethanol at the time that the blended gasoline is purchased;

(b) The difference in cost between blended biodiesel and diesel fuel containing two per cent or less biodiesel at the time that the blended biodiesel is purchased.

(B) For the purpose of improving the air quality in this state, the director of development shall establish an alternative fuel transportation grant program under which the director may make grants to businesses, nonprofit organizations, public school systems, or local governments for the purchase and installation of alternative fuel refueling facilities and for the purchase and use of alternative fuel.

(C) The director shall adopt rules in accordance with Chapter 119. of the Revised Code that are necessary for the administration of the alternative fuel transportation grant program. The rules shall establish at least all of the following:

(1) An application form and procedures governing the application process for a grant under the program;

(2) A procedure for prioritizing the award of grants under the program;

(3) A requirement that the maximum grant for the purchase and installation of an alternative fuel refueling facility be no more than fifty per cent of the cost of the facility;

(4) A requirement that the maximum grant for the purchase of alternative fuel be no more than fifty per cent of the incremental cost of the fuel;

(5) Any other criteria, procedures, or guidelines that the director determines are necessary to administer the program.

(D) There is hereby created in the state treasury the alternative fuel transportation grant fund. The fund shall consist of money as may be specified by the general assembly from the energy efficiency revolving loan fund created by section 4928.61 of the Revised Code. Money in the fund shall be used to make grants under the alternative fuel transportation grant program and by the director in the administration of that program.

Sec. 122.083. (A) The director of development shall administer a shovel ready sites program to provide grants for projects to port authorities and development entities approved by the director. Grants may be used to pay the costs of any or all of the following:

(1) Acquisition of property, including options;

(2) Preparation of sites, including brownfield clean-up activities;

(3) Construction of road, water, telecommunication, and utility infrastructure;

(4) Payment of professional fees the amount of which shall not exceed twenty per cent of the grant amount for a project.

(B) The director shall adopt rules in accordance with Chapter 119. of the Revised Code that establish procedures and requirements necessary for the administration of the program, including a requirement that a recipient of a grant enter into an agreement with the director governing the use of the grant.

(C) There is hereby created in the state treasury the shovel ready sites fund consisting of money appropriated to it. Money in the fund shall be used solely for the purposes of this section.

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

(1) "Full-time employee" means an individual who isemployed for consideration for at least thirty-five hours a week,or who renders any other standard of service generally acceptedby 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 inthe project that is the subject of the agreement after thetaxpayer enters into a tax credit agreement with the tax creditauthority under this section;

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

Under division (A)(2)(a) or (b) of this section, if the taxcredit authority determines it appropriate, "new employee" alsomay include an employee re-hired or called back from lay-off towork in a new facility or on a new product or service establishedor produced by the taxpayer after entering into the agreementunder this section or after the tax credit authority approves thetax credit in a public meeting. Except as otherwise provided in this paragraph, "new employee" does not includeany employee of the taxpayer who was previously employed in thisstate by a related member of the taxpayer and whose employmentwas shifted to the taxpayer after the taxpayer entered into thetax credit agreement or after the tax credit authority approvedthe credit in a public meeting, or any employee of the taxpayerfor which the taxpayer has been granted a certificate underdivision (B) of section 5709.66 of the Revised Code. However, if the taxpayer is engaged in the enrichment and commercialization of uranium or uranium products or is engaged in research and development activities related thereto and if the tax credit authority determines it appropriate, "new employee" may include an 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. "New employee" does not include an employee of thetaxpayer who is employed in an employment position thatwasrelocated to a project from other operations of the taxpayer inthis state or from operations of a related member of thetaxpayer in this state. Inaddition, "new employee" does not include a child, grandchild,parent, or spouse, other than a spouse who is legally separatedfrom the individual, of any individual who is an employee of thetaxpayer and who has a direct or indirect ownership interest ofat least five per cent in the profits, capital, or value of thetaxpayer. Such ownership interest shall be determined inaccordance with section 1563 of the Internal Revenue Code andregulations prescribed thereunder.

(3) "New income tax revenue" means the total amountwithheld under section 5747.06 of the Revised Code by thetaxpayer during the taxable year, or during the calendar year that includes the tax period, from the compensation of newemployees for the tax levied under Chapter 5747. of the RevisedCode.

(4) "Related member" has the same meaning as underdivision (A)(6) of section 5733.042 of the Revised Code withoutregard to division (B) of that section.

(B) The tax credit authority may make grants under thissection to foster job creation in this state. Such a grant shalltake the form of a refundable credit allowed against the taximposed by section 5725.18, 5729.03, 5733.06, or5747.02 or levied under Chapter 5751. of the Revised Code. Thecredit shall be claimed for the taxable years or tax periods specified in thetaxpayer's agreement with the tax credit authority under division(D) of this section. The With respect to taxes imposed under section 5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the credit shall be claimed after theallowance of all other credits provided by Chapter 5733. or 5747. in the order required under section 5733.98, 5747.98, or 5751.98of the Revised Code. The amount of the credit available for a taxable year or for a calendar year that includes a tax period equals the newincome tax revenue for the taxable that year multiplied by thepercentage specified in the agreement with the tax creditauthority. Any credit granted under this section against the tax imposed by section 5733.06 or 5747.02 of the Revised Code, to the extent not fully utilized against such tax for taxable years ending prior to 2008, shall automatically be converted without any action taken by the tax credit authority to a credit against the tax levied under Chapter 5751. of the Revised Code for tax periods beginning on or after July 1, 2008, provided that the person to whom the credit was granted is subject to such tax. The converted credit shall apply to those calendar years in which the remaining taxable years specified in the agreement end.

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

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

(2) The taxpayer's project is economically sound and willbenefit the people of this state by increasing opportunities foremployment and strengthening the economy of this state;

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

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

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

(2) The term of the tax credit, which shall not exceed fifteenyears, and the first taxable year, or first calendar year that includes a tax period, for which the credit may beclaimed;

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

(4) The percentage, as determined by the tax creditauthority, of new income tax revenue that will be allowed as theamount of the credit for each taxable year or for each calendar year that includes a tax period;

(5) A specific method for determining how many newemployees are employed during a taxable year or during a calendar year that includes a tax period;

(6) A requirement that the taxpayer annually shall reportto the director of development the number of newemployees, thenew income tax revenue withheld in connection with the newemployees, and any other information the director needs toperform the director's duties under this section;

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

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

(b) The taxpayer may relocate employment positions from elsewhereinthis state to the project site that is the subject of the agreement if thedirector of development determines both of thefollowing:

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

(ii) That the legislative authority of the county,township, or municipal corporation from which the employment positions wouldbe relocated hasbeen notified of the relocation.

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

(E) If a taxpayer fails to meet or comply with anycondition or requirement set forth in a tax credit agreement, thetax credit authority may amend the agreement to reduce thepercentage or term of the tax credit. The reduction of thepercentage or term shall take effect in the taxable yearimmediately following the taxable year in which the authorityamends the agreement or in the first tax period beginning in the calendar year immediately following the calendar year in which the authority amends the agreement. If the taxpayer relocates employment positions in violation of theprovision requiredunder division (D)(8)(a)of this section, the taxpayer shall not claim the tax credit under section5733.0610 of the Revised Code for any tax yearsfollowing the calendar year in which the relocation occurs, or shall not claimthe tax credit undersection 5725.32, 5729.032, or 5747.058 of the Revised Code for the taxable year inwhich the relocation occurs and any subsequent taxable years, and shall not claim the tax credit under division (A) of section 5751.50 of the Revised Code for any tax period in the calendar year in which the relocation occurs and any subsequent tax periods.

(F) Projects that consist solely ofpoint-of-final-purchase retail facilities are not eligible for atax credit under this section. If a project consists of bothpoint-of-final-purchase retail facilities and nonretailfacilities, only the portion of the project consisting of thenonretail facilities is eligible for a tax credit and only thenew income tax revenue from new employees of the nonretailfacilities shall be considered when computing the amount of thetax credit. If a warehouse facility is part of apoint-of-final-purchase retail facility and supplies only thatfacility, the warehouse facility is not eligible for a taxcredit. Catalog distribution centers are not consideredpoint-of-final-purchase retail facilities for the purposes ofthis division, and are eligible for tax credits under thissection.

(G) Financial statements and other information submittedto the department of development or the taxcredit authority byan applicant or recipient of a tax credit under this section, andany information taken for any purpose from such statements orinformation, are not public records subject to section 149.43 ofthe Revised Code. However, the chairperson of theauthority maymake use of the statements and other information for purposes ofissuing public reports or in connection with court proceedingsconcerning tax credit agreements under this section. Upon therequest of the tax commissioner or, if the applicant or recipient is an insurance company, upon the request of the superintendent of insurance, the chairperson of theauthorityshall provide to the commissioner or superintendent any statement or informationsubmitted by an applicant or recipient of a tax credit inconnection with the credit. The commissioner or superintendent shall preserve theconfidentiality of the statement or information.

(H) A taxpayer claiming a credit under this section shallsubmit to the tax commissioner or, if the taxpayer is an insurance company, to the superintendent of insurance, a copy of the director ofdevelopment's certificate of verification under division (D)(7)of this section for the taxable year or for the calendar year that includes the tax period. However, failure to submita copy of the certificate does not invalidate a claim for acredit.

(I) The director of development, afterconsultation withthe tax commissioner and the superintendent of insurance and in accordance with Chapter 119. of theRevised Code, shall adopt rules necessary to implement thissection. The rules may provide for recipients of tax creditsunder this section to be charged fees to cover administrativecosts of the tax credit program. At the time the directorgives publicnotice under division (A) of section 119.03 of the Revised Codeof the adoption of the rules, the director shall submit copies ofthe proposed rules to the chairpersons of the standingcommittees oneconomic development in the senate and the house ofrepresentatives.

(J) For the purposes of this section, a taxpayer mayinclude a partnership, a corporation that has made an electionunder subchapter S of chapter one of subtitle A of the InternalRevenue Code, or any other business entity through which incomeflows as a distributive share to its owners. A credit receivedunder this section by a partnership, S-corporation, or other suchbusiness entity shall be apportioned among the persons to whomthe income or profit of the partnership, S-corporation, or otherentity is distributed, in the same proportions as those in whichthe income or profit is distributed.

(K) If the director of development determinesthat ataxpayer who has received a credit under this section is notcomplying with the requirement under division (D)(3) of thissection, the director shall notify the tax credit authorityof thenoncompliance. After receiving such a notice, and after givingthe taxpayer an opportunity to explain the noncompliance, the taxcredit authority may require the taxpayer to refund to this statea portion of the credit in accordance with the following:

(1) If the taxpayer maintained operations at the projectlocation for at least one and one-half times the number of yearsof the term of the tax credit, an amount not exceedingtwenty-five per cent of the sum of any previously allowed creditsunder this section;

(2) If the taxpayer maintained operations at the projectlocation for at least the number of years of the term of the taxcredit, an amount not exceeding fifty per cent of the sum of anypreviously allowed credits under this section;

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

In determining the portion of the tax credit to be refundedto this state, the tax credit authority shall consider the effectof market conditions on the taxpayer's project and whether thetaxpayer continues to maintain other operations in this state. After making the determination, the authority shall certify theamount to be refunded to the tax commissioner or superintendent of insurance, as appropriate. The If the amount is certified to the commissioner, the commissionershall make an assessment for that amount against the taxpayerunder Chapter 5733. or, 5747., or 5751. of the Revised Code. If the amount is certified to the superintendent, the superintendent shall make an assessment for that amount against the taxpayer under Chapter 5725. or 5729. of the Revised Code. The timelimitations on assessments under Chapter 5733. or 5747. of theRevised Code those chapters do not apply to an assessment under this division,but the commissioner or superintendent, as appropriate, shall make the assessment within one yearafter the date the authority certifies to the commissioner or superintendentthe amount to berefunded.

(L) On or before the thirty-first day of March each year,the director of development shall submit areport to thegovernor, the president of the senate, and the speaker of thehouse of representatives on the tax credit program under thissection. The report shall include information on the number ofagreements that were entered into under this section during thepreceding calendar year, a description of the project that is thesubject of each such agreement, and an update on the status ofprojects under agreements entered into before the precedingcalendar year.

During the fifth year of the tax credit program, thedirector of development in conjunction with thedirector ofbudget and management shall conduct an evaluation of it. Theevaluation shall include assessments of the effectiveness of theprogram in creating new jobs in this state and of the revenueimpact of the program, and may include a review of the practicesand experiences of other states with similar programs. Thedirector of development shall submit a report onthe evaluationto the governor, the president of the senate, and the speaker ofthe house of representatives on or before January 1, 1998.

(M) There is hereby created the tax credit authority,which consists of the director of developmentand four othermembers appointed as follows: the governor, the president of thesenate, and the speaker of the house of representatives eachshall appoint one member who shall be a specialist in economicdevelopment; the governor also shall appoint a member who is aspecialist in taxation. Of the initial appointees, the membersappointed by the governor shall serve a term of two years; themembers appointed by the president of the senate and the speakerof the house of representatives shall serve a term of four years.Thereafter, terms of office shall be for four years. Initialappointments to the authority shall be made within thirty daysafter January 13,1993. Eachmember shall serve on the authority until the end of the term forwhich the member was appointed. Vacancies shall be filled inthe samemanner provided for original appointments. Any member appointedto fill a vacancy occurring prior to the expiration of the termfor which the member's predecessor was appointed shall holdoffice for theremainder of that term. Members may be reappointed to theauthority. Members of the authority shall receive theirnecessary and actual expenses while engaged in the business ofthe authority. The director of developmentshall serve aschairperson of the authority, and the members annuallyshall elect avice-chairperson from among themselves. Threemembers of theauthority constitute a quorum to transact and vote on thebusiness of the authority. The majority vote of the membershipof the authority is necessary to approve any such business,including the election of the vice-chairperson.

The director of development may appoint aprofessional employee of the department ofdevelopment to serve as the director's substitute at a meeting of theauthority. The director shallmake the appointment in writing. In the absence of the directorfrom a meeting of the authority, the appointed substitute shallserve as chairperson. In the absence of both thedirector and the director'ssubstitute from a meeting, the vice-chairpersonshall serve aschairperson.

(N) For purposes of the credits granted by this section against the taxes imposed under sections 5725.18 and 5729.03 of the Revised Code, "taxable year" means the period covered by the taxpayer's annual statement to the superintendent of insurance.

Sec. 122.171. (A) As used in this section:

(1) "Capital investment project" means a plan of investmentat a project site for the acquisition, construction, renovation,or repair ofbuildings, machinery, or equipment,or forcapitalized costs of basic research and new product developmentdetermined in accordance with generally accepted accountingprinciples, but does notincludeany of the following:

(a) Payments made for the acquisition of personal propertythroughoperating leases;

(b) Project costs paid before January 1, 2002, or afterDecember 31, 2006;

(c) Payments made to a related member as defined in section5733.042 of the Revised Code or to an elected consolidated taxpayer or a combined taxpayer as defined in section 5751.01 of the Revised Code.

(2) "Eligible business" means a business with Ohiooperationssatisfying all of the following:

(a) Employed an average of at least one thousand employeesin full-time employment positions at a project site during each ofthetwelve months preceding the application for a tax credit underthis section; and

(b) On or after January 1, 2002, has made payments for thecapital investment project ofeither of the following:

(i) At least two hundred million dollars in the aggregateat the projectsite during a period of three consecutive calendaryearsincluding the calendar year that includes a day of thetaxpayer's taxable year or tax period with respect to which the credit isgranted;

(ii) If the average wage of all full-time employment positions at theproject site is greater than four hundred per cent of the federalminimum wage, at least one hundred million dollars in the aggregate at the projectsite during a period of three consecutive calendar years includingthe calendar year that includes a day of the taxpayer's taxableyear or tax period with respect to which the credit is granted.

(c)Is engaged at the project site primarily as amanufacturer or is providing significant corporate administrativefunctions;

(d) Has had a capital investment project reviewed andapproved by the tax creditauthority as provided in divisions (C),(D), and (E) of thissection.

(3) "Full-time employment position" means a position ofemployment for consideration for at least thirty-five hours aweek that has beenfilled for at leastone hundred eighty days immediately precedingthe filing of anapplication under this section and for at leastone hundred eighty days during each taxable year or each calendar year that includes a tax period with respect towhich the credit isgranted.

(4)"Manufacturer" has the same meaning as in section5739.011 of the Revised Code.

(5) "Project site" means an integrated complexof facilitiesin this state, as specifiedby the tax credit authority under thissection, within afifteen-mile radius where a taxpayer is primarily operating as an eligible business.

(6) "Applicable corporation" means a corporation satisfying all of the following:

(a)(i) For the entire taxable year immediately preceding the tax year, the corporation develops software applications primarily to provide telecommunication billing and information services through outsourcing or licensing to domestic or international customers.

(ii) Sales and licensing of software generated at least six hundred million dollars in revenue during the taxable year immediately preceding the tax year the corporation is first entitled to claim the credit provided under division (B) of this section.

(b) For the entire taxable year immediately preceding the tax year, the corporation or one or more of its related members provides customer or employee care and technical support for clients through one or more contact centers within this state, and the corporation and its related members together have a daily average, based on a three hundred sixty-five day three-hundred-sixty-five-day year, of at least five hundred thousand successful customer contacts through one or more of their contact centers, wherever located.

(c) The corporation is eligible for the credit under division (B) of this section for the tax year.

(7) "Related member" has the same meaning as in section 5733.042 of the Revised Code as that section existed on the effective date of its amendment by Am. Sub. H.B. 215 of the 122nd general assembly, September 29, 1997.

(8) "Successful customer contact" means a contact with an end user via telephone, including interactive voice recognition or similar means, where the contact culminates in a conversation or connection other than a busy signal or equipment busy.

(9) "Telecommunications" means all forms of telecommunications service as defined in section 5739.01 of the Revised Code, and includes services in wireless, wireline, cable, broadband, internet protocol, and satellite.

(10)(a) "Applicable difference" means the difference between the tax for the tax year under Chapter 5733. of the Revised Code applying the law in effect for that tax year, and the tax for that tax year if section 5733.042 of the Revised Code applied as that section existed on the effective date of its amendment by Am. Sub. H.B. 215 of the 122nd general assembly, September 29, 1997, subject to division (A)(10)(b) of this section.

(b) If the tax rate set forth in division (B) of section 5733.06 of the Revised Code for the tax year is less than eight and one-half per cent, the tax calculated under division (A)(10)(a) of this section shall be computed by substituting a tax rate of eight and one-half per cent for the rate set forth in division (B) of section 5733.06 of the Revised Code for the tax year.

(c) If the resulting difference is negative, the applicable tax difference for the tax year shall be zero.

(B) The tax credit authority created under section 122.17 ofthe Revised Code may grant tax credits under this section for thepurpose of fostering job retention in this state. Uponapplication by an eligible business and upon consideration of therecommendation of the director of budget and management, taxcommissioner, and director of development under division (C) ofthis section, the tax credit authority may grant to an eligiblebusiness a nonrefundable credit against the tax imposed by section5733.06 or 5747.02 or levied under Chapter 5751. of the Revised Code for a period up to fifteentaxable years and against the tax levied by Chapter 5751. of the Revised Code for a period of up to fifteen calendar years. The credit shall be in anamount not exceedingseventy-five per cent of the Ohio income tax withheldfrom theemployees of the eligible business occupying full-time employmentpositions at theproject site during the calendar year thatincludes the last day of such business' taxable year or tax periodwith respectto which thecredit is granted. The amount of the credit shallnot be based onthe Ohio income tax withheld from full-timeemployees for acalendar year prior to the calendar year in whichthe minimum investmentrequirementreferred to indivision(A)(2)(b) of this section is completed.Thecredit shallbeclaimed only for the taxable years or tax periods specifiedin theeligiblebusiness' agreement with the tax credit authorityunder division(E) of this section, but in no event shall thecredit be claimedfor a taxable year or tax period terminating before the datespecified in theagreement. Any credit granted under this section against the tax imposed by section 5733.06 or 5747.02 of the Revised Code, to the extent not fully utilized against such tax for taxable years ending prior to 2008, shall automatically be converted without any action taken by the tax credit authority to a credit against the tax levied under Chapter 5751. of the Revised Code for tax periods beginning on or after July 1, 2008, provided that the person to whom the credit was granted is subject to such tax. The converted credit shall apply to those calendar years in which the remaining taxable years specified in the agreement end.

The credit computed under this division is in addition to any credit allowed under division (M) of this section which the tax credit authority may also include in the agreement.

Any unused portion of a tax credit may be carried forwardfornot more than three additional years after the year for whichthecredit is granted.

(C) A taxpayerthat proposes a capital investmentproject toretain jobs in this state may apply to the tax creditauthority toenter into an agreement for a tax credit under thissection. Thedirector of development shall prescribe the form oftheapplication. After receipt of an application, the authorityshallforward copies of the application to the director of budgetandmanagement, the tax commissioner, and the director ofdevelopment,each of whom shall review the application todetermine theeconomic impact the proposed project would have onthe state andthe affected political subdivisions and shall submita summary oftheir determinations and recommendations to theauthority. Theauthority shall make no agreements under thissection after June30, 2007.

(D) Upon review of the determinations and recommendationsdescribed in division (C) of this section, the tax creditauthority may enter into an agreement with the taxpayer for acredit under this section ifthe authority determines all ofthe following:

(1) The taxpayer's capital investment project will result inthe retention of full-time employment positions in this state.

(2) The taxpayer is economically sound and has the abilityto complete the proposed capital investment project.

(3) The taxpayer intends to and has the ability to maintainoperations at the project site for at least twice the term of thecredit.

(4) Receiving the credit is a major factor in the taxpayer'sdecision to begin, continue with, or complete the project.

(5) The political subdivisions in which the project islocated have agreed to provide substantial financial support tothe project.

(E) An agreement under this section shall include all of thefollowing:

(1) A detailed description of the project that is thesubject of the agreement, including the amount of the investment,the period over which the investment has been or is being made,and the number of full-time employment positions at the projectsite.

(2) The method of calculating the number of full-timeemployment positions as specified in division (A)(3) of thissection.

(3) The term and percentage of the tax credit, and thefirstyear for which the credit may be claimed.

(4) A requirement that the taxpayer maintainoperations atthe project site for at least twice the numberof years as theterm of the credit.

(5) A requirement that the taxpayer retain a specifiednumber of full-time employment positions at the project site andwithin this state for the term of the credit, including arequirement that the taxpayer continue to employ at least onethousand employees in full-time employment positions at theprojectsite during the entire term of any agreement, subject todivision (E)(7)of this section.

(6) A requirement that the taxpayer annually report to thedirector of development the number of full-time employmentpositions subject to the credit, the amount of tax withheld fromemployees in those positions, the amount of the payments made forthe capital investment project, and any other information thedirector needs to perform the director's duties under thissection.

(7) A requirement that the director of development annuallyreview the annual reports of the taxpayer to verify theinformation reported under division (E)(6) of this section andcompliance with the agreement. Upon verification, the directorshall issue a certificate to the taxpayer stating that theinformation has been verified and identifying the amount of thecredit for the taxable year. Unless otherwise specified by the tax credit authority in a resolution and included as part of the agreement, the director shall not issue acertificate for any year in which the total number of filledfull-time employment positions for each day of the calendar yeardivided by three hundred sixty-five is less than ninety per centof the full-time employment positions specified in division (E)(5)of this section. In determining the number of full-timeemployment positions, no position shall be counted that is filledby an employee who is included in the calculation of a tax creditunder section 122.17 of the Revised Code.

(8)(a) A provision requiring that the taxpayer, except asotherwise provided in division (E)(8)(b) of this section, shallnot relocate employment positions from elsewhere in this state tothe project site that is the subject of the agreement for thelesser of five years from the date the agreement is entered intoor the number of years the taxpayer is entitled to claim thecredit.

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

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

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

For purposes ofthis section, the movement of an employmentposition from onepolitical subdivision to another politicalsubdivision shall beconsidered a relocation of an employmentposition unless the movement is confined to the project site.Thetransfer of an individual employee from onepoliticalsubdivisionto another political subdivision shall notbeconsidered arelocation of an employment position as long astheindividual'semployment position in the first politicalsubdivision isrefilled.

(9) A waiver by the taxpayer of any limitations periodsrelating to assessments or adjustments resulting from thetaxpayer's failure to comply with the agreement.

(F) If a taxpayer fails to meet or comply with any conditionor requirement set forth in a tax credit agreement, the tax creditauthority may amend the agreement to reduce the percentage or termof the credit. The reduction of the percentage or term shall takeeffect in the taxable year immediately following the taxable yearin which the authority amends the agreement or in the first tax period beginning in the calendar year immediately following the calendar year in which the authority amends the agreement. If the taxpayerrelocates employment positions in violation of the provisionrequired under division (D)(8)(a) of this section, the taxpayershall not claim the tax credit under section 5733.0610 of theRevised Code for any tax years following the calendar year inwhich the relocation occurs, or shall not claim the tax creditunder section 5747.058 of the Revised Code for the taxable year inwhich the relocation occurs and any subsequent taxable years, and shall not claim the tax credit under division (A) of section 5751.50 of the Revised Code for the tax period in which the relocation occurs and any subsequent tax periods.

(G) Financial statements and other information submitted tothe department of development or the tax credit authority by anapplicant for or recipient of a tax credit under this section, andany information taken for any purpose from such statements orinformation, are not public records subject to section 149.43 ofthe Revised Code. However, the chairperson of the authority maymake use of the statements and other information for purposes ofissuing public reports or in connection with court proceedingsconcerning tax credit agreements under this section. Upon therequest of the tax commissioner, the chairperson of the authorityshall provide to the commissioner any statement or otherinformation submitted by an applicant for or recipient of a taxcredit in connection with the credit. The commissioner shallpreserve the confidentiality of the statement or otherinformation.

(H) A taxpayer claiming a tax credit under this sectionshall submit to the tax commissioner a copy of the director ofdevelopment's certificate of verification under division (E)(7) ofthis section for the taxable year or for the calendar year that includes the tax period. However, failure to submit acopy of the certificate does not invalidate a claim for a credit.

(I) For the purposes of this section, a taxpayer may includea partnership, a corporation that has made an election undersubchapter S of chapter one of subtitle A of the Internal RevenueCode, or any other business entity through which income flows as adistributive share to its owners. A tax credit received underthis section by a partnership, S-corporation, or other suchbusiness entity shall be apportioned among the persons to whom theincome or profit of the partnership, S-corporation, or otherentity is distributed, in the same proportions as those in whichthe income or profit is distributed.

(J) If the director of development determines that ataxpayerthat received a tax credit under this section isnotcomplying with the requirement under division (E)(4) of thissection, thedirector shall notify the tax credit authority of thenoncompliance. After receiving such a notice, and after givingthe taxpayer an opportunity to explain the noncompliance, theauthority may terminate the agreement and require the taxpayer torefund to the state all or a portion of the credit claimed inprevious years, as follows:

(1) If the taxpayer maintained operations at the projectsite for less than the term of the credit, the amount required tobe refunded shall not exceed the amount of any tax creditspreviously allowed and received under this section.

(2) If the taxpayer maintained operations at the projectsite longer than the term of the credit but less than one andone-half times the term of the credit, the amount required to berefunded shall not exceed fifty per cent of the sum of any taxcredits previously allowed and received under this section.

(3) If the taxpayer maintained operations at the projectsite for at least one and one-half times the term of the creditbut less than twice the term of the credit, the amount required tobe refunded shall not exceed twenty-five per cent of the sum ofany tax credits previously allowed and received under thissection.

In determining the portion of the credit to be refunded tothis state, the authority shall consider the effect of marketconditions on the taxpayer's project and whether the taxpayercontinues to maintain other operations in this state. Aftermaking the determination, the authority shall certify the amountto be refunded to the tax commissioner. The commissioner shallmake an assessment for that amount against the taxpayer underChapter 5733. or, 5747., or 5751. of the Revised Code. The time limitationson assessments under Chapter 5733. or 5747. of the Revised Code those chapters donot apply to an assessment under this division, but thecommissioner shall make the assessment within one year after thedate the authority certifies to the commissioner the amount to berefunded.

If the director of development determines that a taxpayerthat received a tax credit under this section has reduced thenumber of employees agreed to under division (E)(5) of thissection by more than ten per cent, the director shall notify thetax credit authority of the noncompliance. After receiving suchnotice, and after providing the taxpayer an opportunity to explainthe noncompliance, the authority may amend the agreement to reducethe percentage or term of the tax credit. The reduction in thepercentage or term shall take effect in the taxable year, or in the calendar year that includes the tax period, in whichthe authority amends the agreement.

(K) The director of development, after consultation with thetax commissioner and in accordance with Chapter 119. of theRevised Code, shall adopt rules necessary to implement thissection. The rules may provide for recipients of tax creditsunder this section to be charged fees to cover administrativecosts of the tax credit program. At the time the director givespublic notice under division (A) of section 119.03 of the RevisedCode of the adoption of the rules, the director shall submitcopies of the proposed rules to the chairpersons of the standingcommittees on economic development in the senate and the house ofrepresentatives.

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

(M)(1) A nonrefundable credit shall be allowed to an applicable corporation and its related members in an amount equal to the applicable difference. The credit is in addition to the credit granted to the corporation or related members under division (B) of this section. The credit is subject to divisions (B) to (E) and division (J) of this section.

(2) A person qualifying as an applicable corporation under this section for a tax year does not necessarily qualify as an applicable corporation for any other tax year. No person is entitled to the credit allowed under division (M) of this section for the tax year immediately following the taxable year during which the person fails to meet the requirements in divisions (A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled to the credit allowed under division (M) of this section for any tax year for which the person is not eligible for the credit provided under division (B) of this section.

Sec. 122.172.  (A) As used in this section, "tax liability" means the tax owed under section 5733.06 or 5747.02 of the Revised Code after allowance of all nonrefundable credits and prior to the allowance of all refundable credits. The tax owed under section 5733.06 of the Revised Code shall take into account any adjustments to such tax required by division (G) of section 5733.01 of the Revised Code that apply prior to allowance of refundable credits.

(B)(1) The director of development shall administer the manufacturing equipment grant program to provide grants for new manufacturing machinery and equipment qualifying for the grant under section 122.173 of the Revised Code. Except as provided in division (C) of this section, the grants apply to the taxes imposed by sections 5733.06 and 5747.02 of the Revised Code for taxable years ending on or after July 1, 2005.

(2) To claim a grant, a taxpayer satisfying the requirements of section 122.173 of the Revised Code shall complete a grant request form, as prescribed by the director in consultation with the tax commissioner, and shall file the form with the tax return for the taxable year for which the grant is claimed. In no event shall the grant reduce a taxpayer's tax liability below the minimum tax owed for the taxable year. The grant request form shall provide the information required to allow the grant for the taxable year and is subject to audit by the director and the commissioner. Any portion of the grant in excess of the taxpayer's tax liability shall not be refundable but may be carried forward as provided in section 122.173 of the Revised Code. Upon the director's request, the commissioner shall provide completed grant request forms filed under this section to the director in a mutually agreed upon format.

(C) If a taxpayer is required to repay any credit allowed under section 5733.33 or 5747.31 of the Revised Code for a taxable year ending prior to July 1, 2005, for a reason not specified in Chapter 5733. or 5747. of the Revised Code, a grant shall be available for that taxable year under section 122.173 of the Revised Code to the extent provided in that section.

(D) Any tax liability under section 5733.06 or 5747.02 of the Revised Code that is underpaid as the result of an improper claim for a grant under this section may be assessed by the tax commissioner in the manner provided by section 5733.11 or 5747.11 of the Revised Code.

Sec. 122.173.  (A) As used in this section:

(1) "Manufacturing machinery and equipment" means engines and machinery, and tools and implements, of every kind used, or designed to be used, in refining and manufacturing. "Manufacturing machinery and equipment" does not include property acquired after December 31, 1999, that is used:

(a) For the transmission and distribution of electricity;

(b) For the generation of electricity, if fifty per cent or more of the electricity that the property generates is consumed, during the one-hundred-twenty-month period commencing with the date the property is placed in service, by persons that are not related members to the person who generates the electricity.

(2) "New manufacturing machinery and equipment" means manufacturing machinery and equipment, the original use in this state of which commences with the taxpayer or with a partnership of which the taxpayer is a partner. "New manufacturing machinery and equipment" does not include property acquired after December 31, 1999, that is used:

(a) For the transmission and distribution of electricity;

(b) For the generation of electricity, if fifty per cent or more of the electricity that the property generates is consumed, during the one-hundred-twenty-month period commencing with the date the property is placed in service, by persons that are not related members to the person who generates the electricity.

(3)(a) "Purchase" has the same meaning as in section 179(d)(2) of the Internal Revenue Code.

(b) For purposes of this section, any property that is not manufactured or assembled primarily by the taxpayer is considered purchased at the time the agreement to acquire the property becomes binding. Any property that is manufactured or assembled primarily by the taxpayer is considered purchased at the time the taxpayer places the property in service in the county for which the taxpayer will calculate the county excess amount.

(c) Notwithstanding section 179(d) of the Internal Revenue Code, a taxpayer's direct or indirect acquisition of new manufacturing machinery and equipment is not purchased on or after July 1, 1995, if the taxpayer, or a person whose relationship to the taxpayer is described in subparagraphs (A), (B), or (C) of section 179(d)(2) of the Internal Revenue Code, had directly or indirectly entered into a binding agreement to acquire the property at any time prior to July 1, 1995.

(4) "Qualifying period" means the period that begins July 1, 1995, and ends June 30, 2005.

(5) "County average new manufacturing machinery and equipment investment" means either of the following:

(a) The average annual cost of new manufacturing machinery and equipment purchased for use in the county during baseline years, in the case of a taxpayer that was in existence for more than one year during baseline years.

(b) Zero, in the case of a taxpayer that was not in existence for more than one year during baseline years.

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

(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, provided that the company is not classified for federal income tax purposes as an association taxable as a corporation.

(8) "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 of economic distress, or a municipal corporation the majority of the population of which is situated in such a county:

(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.

(9) "Eligible area" means a distressed area, a labor surplus area, an inner city area, or a situational distress area.

(10) "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.

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

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

(13) "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 county's or municipal corporation's economy. In order to be designated as a situational distress area, for a period not to exceed thirty-six months, the county or municipal corporation may petition the director of development. The petition shall include written documentation that demonstrates all of the following adverse effects on the local economy:

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

(b) The impact that the job loss has on the county's or municipal corporation's unemployment rate as measured by the state director of job and family 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 suppliers located in the county or municipal corporation.

(14) "Cost" has the same meaning and limitation as in section 179(d)(3) of the Internal Revenue Code.

(15) "Baseline years" means:

(a) Calendar years 1992, 1993, and 1994, with regard to a grant claimed for the purchase during calendar year 1995, 1996, 1997, or 1998 of new manufacturing machinery and equipment;

(b) Calendar years 1993, 1994, and 1995, with regard to a grant claimed for the purchase during calendar year 1999 of new manufacturing machinery and equipment;

(c) Calendar years 1994, 1995, and 1996, with regard to a grant claimed for the purchase during calendar year 2000 of new manufacturing machinery and equipment;

(d) Calendar years 1995, 1996, and 1997, with regard to a grant claimed for the purchase during calendar year 2001 of new manufacturing machinery and equipment;

(e) Calendar years 1996, 1997, and 1998, with regard to a grant claimed for the purchase during calendar year 2002 of new manufacturing machinery and equipment;

(f) Calendar years 1997, 1998, and 1999, with regard to a grant claimed for the purchase during calendar year 2003 of new manufacturing machinery and equipment;

(g) Calendar years 1998, 1999, and 2000, with regard to a grant claimed for the purchase during calendar year 2004 of new manufacturing machinery and equipment;

(h) Calendar years 1999, 2000, and 2001, with regard to a grant claimed for the purchase on or after January 1, 2005, and on or before June 30, 2005, of new manufacturing machinery and equipment.

(16) "Related member" has the same meaning as in section 5733.042 of the Revised Code.

(17) "Qualifying controlled group" has the same meaning as in section 5733.04 of the Revised Code.

(18) "Tax liability" has the same meaning as in section 122.172 of the Revised Code.

(B)(1) Subject to divisions (I) and (J) of this section, a grant is allowed against the tax imposed by section 5733.06 or 5747.02 of the Revised Code for a taxpayer that purchases new manufacturing machinery and equipment during the qualifying period, provided that the new manufacturing machinery and equipment are installed in this state not later than June 30, 2006. The taxpayer need not be a manufacturer.

(2)(a) Except as otherwise provided in division (B)(2)(b) of this section, a grant may be claimed under this section in excess of one million dollars only if the cost of all manufacturing machinery and equipment owned in this state by the taxpayer claiming the grant on the last day of the calendar year exceeds the cost of all manufacturing machinery and equipment owned in this state by the taxpayer on the first day of that calendar year.

As used in division (B)(2)(a) of this section, "calendar year" means the calendar year in which the machinery and equipment for which the grant is claimed was purchased.

(b) Division (B)(2)(a) of this section does not apply if the taxpayer claiming the grant applies for and is issued a waiver of the requirement of that division. A taxpayer may apply to the director of development for such a waiver in the manner prescribed by the director, and the director may issue such a waiver if the director determines that granting the grant is necessary to increase or retain employees in this state, and that the grant has not caused relocation of manufacturing machinery and equipment among counties within this state for the primary purpose of qualifying for the grant.

(C)(1) Except as otherwise provided in division (C)(2) and division (I) of this section, the grant amount is equal to seven and one-half per cent of the excess of the cost of the new manufacturing machinery and equipment purchased during the calendar year for use in a county over the county average new manufacturing machinery and equipment investment for that county.

(2) Subject to division (I) of this section, as used in division (C)(2) of this section, "county excess" means the taxpayer's excess cost for a county as computed under division (C)(1) of this section.

Subject to division (I) of this section, a taxpayer with a county excess, whose purchases included purchases for use in any eligible area in the county, the grant amount is equal to thirteen and one-half per cent of the cost of the new manufacturing machinery and equipment purchased during the calendar year for use in the eligible areas in the county, provided that the cost subject to the thirteen and one-half per cent rate shall not exceed the county excess. If the county excess is greater than the cost of the new manufacturing machinery and equipment purchased during the calendar year for use in eligible areas in the county, the grant amount also shall include an amount equal to seven and one-half per cent of the amount of the difference.

(3) If a taxpayer is allowed a grant for purchases of new manufacturing machinery and equipment in more than one county or eligible area, it shall aggregate the amount of those grants each year.

(4) Except as provided in division (J) of this section, the taxpayer shall claim one-seventh of the grant amount for the taxable year ending in the calendar year in which the new manufacturing machinery and equipment is purchased for use in the county by the taxpayer or partnership. One-seventh of the taxpayer grant amount is allowed for each of the six ensuing taxable years. Except for carried-forward amounts, the taxpayer is not allowed any grant amount remaining if the new manufacturing machinery and equipment is sold by the taxpayer or partnership or is transferred by the taxpayer or partnership out of the county before the end of the seven-year period unless, at the time of the sale or transfer, the new manufacturing machinery and equipment has been fully depreciated for federal income tax purposes.

(5)(a) A taxpayer that acquires manufacturing machinery and equipment as a result of a merger with the taxpayer with whom commenced the original use in this state of the manufacturing machinery and equipment, or with a taxpayer that was a partner in a partnership with whom commenced the original use in this state of the manufacturing machinery and equipment, is entitled to any remaining or carried-forward grant amounts to which the taxpayer was entitled.

(b) A taxpayer that enters into an agreement under division (C)(3) of section 5709.62 of the Revised Code and that acquires manufacturing machinery or equipment as a result of purchasing a large manufacturing facility, as defined in section 5709.61 of the Revised Code, from another taxpayer with whom commenced the original use in this state of the manufacturing machinery or equipment, and that operates the large manufacturing facility so purchased, is entitled to any remaining or carried-forward grant amounts to which the other taxpayer who sold the facility would have been entitled under this section had the other taxpayer not sold the manufacturing facility or equipment.

(c) New manufacturing machinery and equipment is not considered sold if a pass-through entity transfers to another pass-through entity substantially all of its assets as part of a plan of reorganization under which substantially all gain and loss is not recognized by the pass-through entity that is transferring the new manufacturing machinery and equipment to the transferee and under which the transferee's basis in the new manufacturing machinery and equipment is determined, in whole or in part, by reference to the basis of the pass-through entity that transferred the new manufacturing machinery and equipment to the transferee.

(d) Division (C)(5) of this section applies only if the acquiring taxpayer or transferee does not sell the new manufacturing machinery and equipment or transfer the new manufacturing machinery and equipment out of the county before the end of the seven-year period to which division (C)(4) of this section refers.

(e) Division (C)(5)(b) of this section applies only to the extent that the taxpayer that sold the manufacturing machinery or equipment, upon request, timely provides to the tax commissioner any information that the tax commissioner considers to be necessary to ascertain any remaining or carried-forward amounts to which the taxpayer that sold the facility would have been entitled under this section had the taxpayer not sold the manufacturing machinery or equipment. Nothing in division (C)(5)(b) or (e) of this section shall be construed to allow a taxpayer to claim any grant amount with respect to the acquired manufacturing machinery or equipment that is greater than the amount that would have been available to the other taxpayer that sold the manufacturing machinery or equipment had the other taxpayer not sold the manufacturing machinery or equipment.

(D) The taxpayer shall claim the grant allowed by this section in the manner provided by section 122.172 of the Revised Code. Any portion of the grant in excess of the taxpayer's tax liability for the taxable year shall not be refundable but may be carried forward for the next three consecutive taxable years.

(E) A taxpayer purchasing new manufacturing machinery and equipment and intending to claim the grant shall file, with the director of development, a notice of intent to claim the grant on a form prescribed by the director of development. The director of development shall inform the tax commissioner of the notice of intent to claim the grant. No grant may be claimed under this section for any manufacturing machinery and equipment with respect to which a notice was not filed by the date of a timely filed return, including extensions, for the taxable year that includes September 30, 2005, but a notice filed on or before such date under division (E) of section 5733.33 of the Revised Code of the intent to claim the credit under that section or section 5747.31 of the Revised Code also shall be considered a notice of the intent to claim a grant under this section.

(F) The director of development shall annually certify, by the first day of January of each year during the qualifying period, the eligible areas for the tax grant for the calendar year that includes that first day of January. The director shall send a copy of the certification to the tax commissioner.

(G) New manufacturing machinery and equipment for which a taxpayer claims the credit under section 5733.31, 5733.311, 5747.26, or 5747.261 of the Revised Code shall not be considered new manufacturing machinery and equipment for purposes of the grant under this section.

(H)(1) Notwithstanding sections 5733.11 and 5747.13 of the Revised Code, but subject to division (H)(2) of this section, the tax commissioner may issue an assessment against a person with respect to a grant claimed under this section for new manufacturing machinery and equipment described in division (A)(1)(b) or (2)(b) of this section, if the machinery or equipment subsequently does not qualify for the grant.

(2) Division (H)(1) of this section shall not apply after the twenty-fourth month following the last day of the period described in divisions (A)(1)(b) and (2)(b) of this section.

(I) Notwithstanding any other provision of this section to the contrary, in the case of a qualifying controlled group, the grant available under this section to a taxpayer or taxpayers in the qualifying controlled group shall be computed as if all corporations in the group were a single corporation. The grant shall be allocated to such a taxpayer or taxpayers in the group in any amount elected for the taxable year by the group. The election shall be revocable and amendable during the period described in division (B) of section 5733.12 of the Revised Code.

This division applies to all purchases of new manufacturing machinery and equipment made on or after January 1, 2001, and to all baseline years used to compute any grant attributable to such purchases; provided, that this division may be applied solely at the election of the qualifying controlled group with respect to all purchases of new manufacturing machinery and equipment made before that date, and to all baseline years used to compute any grant attributable to such purchases. The qualifying controlled group at any time may elect to apply this division to purchases made prior to January 1, 2001, subject to the following:

(1) The election is irrevocable;

(2) The election need not accompany a timely filed report, but the election may accompany a subsequently filed but timely application for refund, a subsequently filed but timely amended report, or a subsequently filed but timely petition for reassessment.

(J) Except as provided in division (B) of section 122.172 of the Revised Code, no grant under this section may be claimed for any taxable year for which a credit is allowed under section 5733.33 or 5747.31 of the Revised Code. If the tax imposed by section 5733.06 of the Revised Code for which a grant is allowed under this section has been prorated under division (G)(2) of section 5733.01 of the Revised Code, the grant shall be prorated by the same percentage as the tax.

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

(1) "Facility" means all real property and interests inreal property owned by a either of the following:

(a) A landlord and leased to a tenant pursuantto a project that is the subject of an agreement under thissection;

(b) The United States or any department, agency, or instrumentality of the United States.

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

(3) "Landlord" means a county or municipal corporation, ora corporate entity that is an instrumentality of a county ormunicipal corporation and that is not subject to the tax imposedby section 5733.06 or5747.02 of the Revised Code;.

(4) "New employee" means a full-time employee firstemployed by, or under or pursuant to a contract with, the tenant in the project that is the subject of theagreement after a landlord enters into an agreement with the taxcredit authority under this section;.

(5) "New income tax revenue" means the total amountwithheld under section 5747.06 of the Revised Code by the tenant or tenantsat a facility during a year from the compensation of newemployees for the tax levied under Chapter 5747. of the RevisedCode;.

(6) "Retained income tax revenue" means the total amount withheld under section 5747.06 of the Revised Code from employees retained at an existing facility recommended for closure to the base realignment and closure commission in the United States department of defense.

(7) "Tenant" means the United States, any department,agency, or instrumentality of the United States, or any person under contract with the United States or any department, agency, or instrumentality of the United States.

(B) The tax credit authority may enter into an agreementwith a landlord under which an annual payment equal to the newincome tax revenue or retained income tax revenue, as applicable, or the amount called for under division (D)(3)or (4) of this section shall be made to the landlord from moneysof this state that were not raised by taxation, and shall becredited by the landlord to the rental owing from the tenant tothe landlord for a facility.

(C) A landlord that proposes a project to create new jobsin this state or retain jobs in this state at an existing facility recommended for closure or realignment to the base realignment and closure commission in the United States department of defense may apply to the tax credit authority to enter intoan agreement for annual payments under this section. Thedirector of development shall prescribe the form of theapplication. After receipt of an application, the authority mayenter into an agreement with the landlord for annual paymentsunder this section if it determines all of the following:

(1) The project will create new jobs in this state; or retain jobs at a facility recommended for closure or realignment to the base realignment and closure commission in the United States department of defense.

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

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

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

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

(2) The term of the agreement, which shall not exceed twenty years;

(3) Based on the estimated new income tax revenue or retained income tax revenue, as applicable, to bederived from the facility at the time the agreement is enteredinto, provision for a guaranteed payment to the landlordcommencing with the issuance by the landlord of any bonds orother forms of financing for the construction of the facility andcontinuing for the term approved by the authority;

(4) Provision for offsets to this state of the annualpayment in years in which such annual payment is greater than theguaranteed payment of amounts previously paid by thisstate to the landlord in excess of the new income tax revenue or retained income tax revenue, as applicable, byreason of the guaranteed payment;

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

(6) A requirement that the landlord annually shall obtainfrom the tenant and report to the director of development thenumber of new employees, and the new income tax revenue withheld inconnection with the new employees, or the number of retained employees and the retained income tax revenue withheld in connection with the retained employees, as applicable, and any other information thedirector needs to perform the director's duties under thissection;

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

(E) The director of development, in accordance withChapter 119. of the Revised Code, shall adopt rules necessary toimplement this section.

Sec. 122.40.  (A) There is hereby created the developmentfinancing advisory council to assist in carrying out the programscreated pursuant to sections 122.39 to 122.62 and Chapter 166. ofthe Revised Code.

(B) The council shall consist of seven members appointedby the governor, with the advice and consent of the senate, who areselected for their knowledge of and experience in economicdevelopment financing, one member of the senate appointed by thepresident of the senate, one member of the house ofrepresentatives appointed by the speaker of the house ofrepresentatives, and the director of development or the director's designee. With respect to thecouncil:

(1) No more than four members of the council appointed bythe governor shall be members of the same political party.

(2) Each member shall hold office from the date of the member'sappointment until the end of the term for which the memberwas appointed.

(3) The terms of office for the seven members appointed bythe governor shall be for five years commencing on the first dayof January and ending on the thirty-first day of December. The seven members appointed by the governor who are serving terms of office of seven years on the effective date of this amendment December 30, 2004, shall continue to serve those terms, but their successors in office, including the filling of a vacancy occurring prior to the expiration of those terms, shall be appointed for terms of five years in accordance with this division.

(4) Any member of the council is eligible forreappointment.

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

(6) Except as otherwise provided in division (B)(3) of this section, any member appointed to fill a vacancy occurring priorto the expiration of the term for which the member's predecessor wasappointed shall hold office for the remainder of thepredecessor's term.

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

(8) Before entering upon duties as a member of the council,each member shalltake an oath provided by Section 7 of Article XV, OhioConstitution.

(9) The governor may, at any time, remove any nonlegislative memberpursuant to section 3.04 of the Revised Code.

(10) Members of the council, notwithstanding section101.26of the Revised Code with respect to members who are members ofthe general assembly, shall receive their necessary and actualexpenses while engaged in the business of the council andshall bepaid at the per diem rate of step 1, pay range 31, of section124.15 of the Revised Code.

(11) Four Six members of the council constitute a quorum and the affirmative vote of six members is necessary for any action taken by the council.

(12) In the event of the absence of a member appointed bythe president of the senate or by the speaker of the house ofrepresentatives, the following persons may serve in the member'sabsence: the president of the senate or the speaker of thehouse, as the case may be, or a member of the senate or of thehouse of representatives, of the same political party as thedevelopment financing advisory council member, designatedby thepresident of the senate or the speaker of the house.

Sec. 122.603. (A)(1) Upon approval by the director ofdevelopment and after enteringinto a participation agreement withthe department of development, a participating financialinstitution making acapital accessloan shall establish a programreserve account.Theaccount shallbe an interest-bearing accountand shall containonly moneys deposited into itunder the programand the interestpayable on the moneys in the account.

(2) All interest payable on the moneys in the programreserve accountshall be added to the moneys and held as anadditionalloss reserve. The director may require that a portionor all ofthe accrued interest so held in the accountbe releasedto the department. If the director causes a release of accruedinterest, the director shall deposit the released amount into the capital access loan programfund created in section 122.601 of the Revised Code. The director shall notrequire the release of that accruedinterest more than twice inafiscal year.

(B) When a participating financial institution makes acapitalaccess loan, it shall requirethe eligible business to payto the participating financial institution afee in an amount thatis not less than one and one-half per cent,and not more thanthree per cent, of the principal amount of theloan. Theparticipating financial institutionshall deposit the fee into itsprogram reserve account,and it also shall deposit into theaccount an amount of its own funds equal to the amount of the fee.Theparticipatingfinancial institution may recover from theeligible business all or part ofthe amount that the participatingfinancial institution isrequired to deposit into the accountunder this division in any manner agreedto by theparticipatingfinancial institution and the eligible business.

(C) For each capital access loan made by a participatingfinancial institution,the participating financial institutionshall certify to the director, withina period specified by thedirector, that theparticipating financial institution has madethe loan. The certification shall include the amount of the loan,theamount of the fee received from the eligible business, theamount of its ownfunds that theparticipating financialinstitution deposited into its programreserve account to reflectthat fee, and any other information specified bythe director.

(D) On Upon receipt of each of the first three certifications from a participating financial institution made under division (C) of this section and subject to section 122.602 of the Revised Code, the director shall disburse to the participating financial institution from the capital access loan program fund an amount equal to fifty per cent of the principal amount of the particular capital access loan for deposit into the participating financial institution's program reserve account. Thereafter, upon receipt of a certification from that participating financial institution made under division(C) ofthis section andsubject to section 122.602 of the Revised Code,the director shalldisburse to the participating financialinstitution from the capital access loan program fund an amountequal to ten percent of theprincipal amount ofthe particular capital access loan for depositinto the participatingfinancialinstitution's program reserveaccount. The disbursement of moneys from the fund to aparticipating financial institution does not require approval fromthe controlling board.

(E) If the amount in a program reserve account exceeds anamountequal to thirty-three per cent of a participating financialinstitution'soutstanding capital access loans, thedepartment maycause the withdrawal of the excess amount and the deposit ofthewithdrawn amount into the capital access loan program fund.

(F)(1) The department may cause the withdrawal of the totalamountin a participating financial institution's program reserveaccount if any of the followingapplies:

(a) The financial institution is no longer eligible toparticipatein the program.

(b) The participation agreement expires without renewal bythedepartment or the financial institution.

(c) The financial institution has no outstandingcapitalaccess loans.

(d) The financial institution has not made a capitalaccessloan within the preceding twenty-four months.

(2) If the department causes a withdrawal under division(F)(1) of this section, the department shall deposit the withdrawnamount into the capital access loan program fund.

Sec. 122.71.  As used in sections 122.71 to 122.83 oftheRevised Code:

(A)"Financial institution" means any banking corporation,trust company, insurance company, savings and loan association,building and loan association, or corporation, partnership,federal lending agency, foundation, or other institution engagedin lending or investing funds for industrial or businesspurposes.

(B)"Project" means any real or personal propertyconnectedwith or being a part of an industrial, distribution,commercial,or research facility to be acquired, constructed,reconstructed,enlarged, improved, furnished, or equipped, or anycombinationthereof, with the aid provided under sections 122.71to 122.83 ofthe Revised Code, for industrial,commercial,distribution, andresearch development of the state.

(C)"Mortgage" means the lien imposed on a project by amortgage on real property, or by financing statements on personalproperty, or a combination of a mortgage and financing statementswhen a project consists of both real and personal property.

(D)"Mortgagor" means the principal user of a project ortheperson, corporation, partnership, or associationunconditionallyguaranteeing performance by the principal user ofits obligationsunder the mortgage.

(E)(1)"Minority business enterprise" means an individualwhois a United States citizen and owns and controls a business,or apartnership, corporation, or joint venture of any kind that isowned and controlled by United States citizens, which citizenorcitizens areresidents ofthis state and aremembers of one ofthe followingeconomicallydisadvantaged groups:Blacks or African Americans, AmericanIndians, Hispanics or Latinos, andOrientals Asians.

(2)"Owned and controlled" means that at least fifty-onepercent of the business, including corporate stock if acorporation,is owned by persons who belong to one or more of thegroups setforth in division (E)(1) of this section, and thatthose ownershave control over the management andday-to-dayoperations of thebusiness and an interest in the capital,assets, and profits andlosses of the business proportionate totheir percentage ofownership. In order to qualify as a minoritybusiness enterprise,a business shall have been owned andcontrolled by those personsat least one year prior tobeingawarded a contract pursuant tothis section.

(F)"Community improvement corporation" means acorporationorganized under Chapter 1724. of the Revised Code.

(G)"Ohio development corporation" means a corporationorganized under Chapter 1726. of the Revised Code.

(H)"Minority contractors business assistance organization"means an entity engaged in the provision of management andtechnical business assistance to minority business enterpriseentrepreneurs.

(I)"Minority business supplier development council" means anonprofit organization established as an affiliate of the nationalminority supplier development council.

(J) "Regional economic development entity" means an entity that is under contract with the director of development to administer a loan program under this chapter in a particular area of the state.

Sec. 122.72.  (A) There is hereby created the minoritydevelopment financing advisory board to assist in carryingout the programs created pursuant to sections 122.71 to 122.89 122.90 of the RevisedCode.

(B) The board shall consist of seven ten members. The director of development or the director's designee shall be a voting member on the board. Seven members shall be appointed bythe governor with the advice and consent of the senate andselected because of their knowledge of and experience inindustrial, business, and commercial financing, suretyship,construction, and their understanding of the problems of minoritybusiness enterprises; one member also shall be a member of the senate and appointed by thepresident of the senate, and one member also shall be a member of the house ofrepresentatives andappointed by the speaker of the house of representatives. With respect to theboard, all of the following apply:

(1) Not more than four of the members of the board appointed by thegovernor shall be of the same political party.

(2) Each member shall hold office from the date of the member's appointmentuntil the end of the term for which the member was appointed.

(3) The terms of office for the seven members appointedby the governor shall be for seven years, commencing on the firstday of October and ending on thethirtieth day of September of the seventh year, except that of the originalseven members, three shall beappointed for three years and two shall be appointed for fiveyears.

(4) Any member of the board is eligible forreappointment.

(5) Any member appointed to fill a vacancy occurring prior to theexpiration of the term for which his the member's predecessorwas appointed shall hold office for the remainder of his thepredecessor's term.

(6) Any member shall continue in office subsequent to the expirationdate of his the member's term until his the member'ssuccessor takes office, or until a period of sixty days has elapsed, whicheveroccurs first.

(7) Before entering upon his official duties as a member ofthe board, each member shall take an oathas provided by Section 7 of Article XV, Ohio Constitution.

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

(9) Notwithstanding section 101.26 of the Revised Code, members shallreceive their necessary and actual expenses while engaged in the business ofthe board and shall be paid at the per diem rate of step 1 of pay range 31 ofsection 124.15 of the Revised Code.

(10) Five Six members of theboard constitute a quorum and the affirmativevote of five six members is necessary for any action taken by theboard.

(11) In the event of the absence of a member appointed by thepresident of the senate or by the speaker of the house ofrepresentatives, either of the following persons may serve in the member'sabsence:

(a) The president of the senate or the speaker of the house ofrepresentatives, whoever appointed the absent member;

(b) A member of the senate or of the house of representativesof the same political party as the absent member, as designated by thepresident of the senate or the speaker of the house of representatives,whoever appointed the absent member.

(12) The board shall annually elect one of its members as chairmanchairperson and another as vice-chairmanvice-chairperson.

Sec. 122.73.  (A) The minority development financing advisory board and thedirector of development are invested withthe powers and duties provided in sections 122.71 to122.89 122.90 ofthe Revised Code, in order to promote the welfare of the peopleof the state by encouraging the establishment and expansion ofminority business enterprises,; to stabilize theeconomy,; to provide employment,; to assist in the developmentwithin the state of industrial, commercial, distribution, andresearch activities required for the people of the state, and fortheir gainful employment,; or otherwise to create or preserve jobsand employment opportunities, or improve the economic welfare ofthe people of the state. It is hereby determined that theaccomplishment of those purposes is essential so that the peopleof the state may maintain their present high standards of livingin comparison with the people of other states and so thatopportunities for employment and for favorable markets for theproducts of the state's natural resources, agriculture, andmanufacturing shall be improved and. It further is determined that it is necessary for thestate to establish the programs authorized under sections 122.71 to 122.89 122.90of the Revised Code to establish the minority development financingadvisory board, and to invest it and the director of development with thepowers and duties provided in sections 122.71 to 122.89 122.90 of theRevised Code.

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

(1) Make recommendations to the director as to applications for assistancepursuant to sections 122.71 to 122.89 122.90 of the Revised Code. The board mayrevise its recommendations to reflect any changes in the proposed assistancemade by the director.

(2) Advise the director in the administration of sections 122.71 to 122.89 122.90 ofthe Revised Code.

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

Sec. 122.74.  (A)(1) The director of development shall do all of the following:

(1)(a) Receive applications for assistance under sections 122.71 to 122.89 122.90 ofthe Revised Code, and, after processing but subject to division (A)(2) of this section, forward them to theminority development financing advisory board together with necessarysupporting information;

(2)(b) Receive the recommendations of the board and make a final determinationwhether to approve the application for assistance;

(3)(c) Receive recommendations from a regional economic development entity for loans made under section 122.76 of the Revised Code and make a final determination, notwithstanding divisions (A)(1) and (2) of this section, whether to approve the proposed loan;

(d) Transmit the director's determinations to approve assistance to thecontrolling board together with any information the controlling board requiresfor its review and decision as to whether to approve the assistance.

(2) The director is not required to submit any determination, data, terms, or any other application materials or information to the minority development financing advisory board when provision of the assistance has been recommended to the director by a regional economic development entity.

(B) The director may do all of the following:

(1) Fix the rate of interest and charges to be made upon or with respectto moneys loaned or guaranteed by the director and the terms upon whichmortgages and lease rentals may be guaranteed and the rates of charges to bemade for them and make provisions for the operation of the fundsestablished by the director in accordance with this section and sections122.80 and, 122.88, and 122.90 of the Revised Code;

(2) Loan and guarantee moneys from the fund established inaccordance withsection 122.80 of the Revised Code pursuant to and in compliance with sections122.71 to122.89 122.90 of the Revised Code.

(3) Acquire in the name of the director any property ofany kind orcharacter in accordance with sections 122.71 to 122.89 122.90 of the Revised Code, bypurchase,purchase at foreclosure, or exchange on such terms and in such manner as thedirector considers proper;

(4) Make and enter into all contracts and agreementsnecessary orincidental to the performance of the director's duties and the exercise of thedirector's powers under sections 122.71 to 122.89 122.90 of the Revised Code;

(5) Maintain, protect, repair, improve, and insure anyproperty that thedirector has acquired and dispose of it by sale, exchange, or lease for theconsideration and on the terms and in the manner as the director considersproper, but the director shall not operate any such property as a businessexcept as the lessor of it;

(6)(a) When the cost of any contract for the maintenance,protection, repair, or improvement of any property held by the director, otherthan compensation for personal services, involves an expenditure of more thanfifty thousand dollars, the director shall make a written contract with thelowest responsive and responsible bidder in accordance with section 9.312 ofthe Revised Code after advertisement for not less than two consecutive weeksin a newspaper ofgeneral circulation in the county where such contract, or some substantialpart of it, is to be performed, and in such other publications as the directordetermines, which notice shall state the general character of the work and thegeneral character of the materials to be furnished, the place where plans andspecifications therefor may be examined, and the time and place of receivingbids.

(b) Each bid for a contract for the construction, demolition,alteration, repair, or reconstruction of an improvement shall contain the fullname of every person interested in it and meet the requirements of section153.54 of the Revised Code.

(c) Each bid for a contract, except as provided in division(B)(6)(b) of this section, shall contain the fullname ofevery person interested in it and shall be accompanied by bond or certifiedcheck on a solvent bank, in such amount as the director considers sufficient,that if the bid is accepted a contract will be entered into and theperformance of the proposal secured.

(d) The director may reject any and all bids.

(e) A bond with good and sufficient surety, approved by thedirector, shall be required of every contractor awarded a contract except asprovided in division (B)(6)(b) of this section, inan amount equal to at least fifty per cent of the contract price, conditionedupon faithful performance of the contract.

(7) Employ or contract with financial consultants,appraisers, consultingengineers, superintendents, managers, construction and accounting experts,attorneys, and other employees and agents as are necessary in the director'sjudgment and fix their compensation;

(8) Receive and accept grants, gifts, and contributions of money,property, labor, and other things of value to be held, used, and applied onlyfor the purpose for which such the grants, gifts, and contributions are made, fromindividuals, private and public corporations, from the UnitedStates or any agency thereof, from the state or any agency thereof,and from any political subdivision of the state, and may agree to repay anycontribution of money or to return any property contributed or the valuethereof at such times, in such amounts, and on such terms and conditions,excluding the payment of interest, as the director determines at the time such thecontribution is made, and may evidence such the obligations by notes, bonds, orother written instruments;

(9) Establish with the treasurer of state the fundsprovided in sections122.80 and 122.88 of the Revised Code in addition to such funds as thedirector determinesare necessary or proper;

(10) Adopt rules under Chapter 119. of the Revised Codenecessary to implementsections 122.71 to 122.83 122.90 of the Revised Code.

(11) Do all acts and things necessary or proper to carry out thepowersexpressly granted and the duties imposed in sections 122.71 to 122.89 122.90 of theRevised Code.

(C)(1) All expenses and obligations incurred by the director incarrying out the director's powers and in exercising thedirector's duties under sections122.71 to 122.89 122.90 of the Revised Code shall be payable solely from revenues orother receiptsor income of the director, from grants, gifts, and contributions, or fundsestablished in accordance with such sections. Such sections do not authorizethe director to incur indebtedness or to impose liability on the state or anypolitical subdivision of the state.

(2) Financial statements and other data submitted to the director by anycorporation, partnership, or person in connection with financial assistanceprovided under sections 122.71 to 122.89 122.90 of the Revised Code, or anyinformation taken from such statements or data for any purpose, shall not beopen to public inspection.

Sec. 122.75.  The director of development shall, for theminority business development loan program and, the minoritybusiness bonding program, and the minority business bond guarantee program under sections 122.87 to 122.89 122.90 ofthe Revised Code, do all of the following:

(A) Hire employees, consultants, and agents and fix theircompensation;

(B) Adopt bylaws and rules for the regulation of thebusiness of the minority development financing advisory board;

(C) Receive and accept grants, gifts, and contributions ofmoney, property, labor, and other things of value, to be held,used, and applied only for the purpose for which the grants,gifts, and contributions are made, from individuals, private andpublic corporations, the United States or any agency of theUnited States, the state or any agency of the state, andany political subdivision of the state. The director may agree to repay anycontribution of moneyor to return any property contributed or its value at such times,in such amounts, and on such terms and conditions, excluding thepayment of interest, as the director determines at the time thecontribution is made. The director may evidence the obligationsby written contracts, subject to section 122.76 of the RevisedCode; provided, that the director shall not thereby incurindebtedness of or impose liability upon the state or anypolitical subdivision.

(D) Establish funds with the treasurer of state inaddition to the minority business bonding fund created undersection 122.88 of the Revised Code;

(E) Invest money in the funds the director establishes pursuantto division (D) of this section that is in excess of current needs,in notes, bonds, or other obligations that are direct obligationsof or are guaranteed by the United States, or in certificates ofdeposit or withdrawable accounts of banks, trust companies, and orsavings and loan associations organized under the laws of this state or theUnited States, and may creditthe income or sell the investments at the director'sdiscretion;

(F) Acquire any property of any kind or character inaccordance with sections 122.71 to 122.83 of the RevisedCode, by purchase, purchase at foreclosure, or exchange on terms and in amanner the director considers proper;

(G)(1) Maintain, protect, repair, improve, and insure anyproperty the director has acquired and dispose of it by sale,exchange, orlease for the consideration and on terms and in a manner thedirector considers proper. The director may not operate any property as abusiness except as a lessor of the property. When the cost of anycontract for the maintenance, protection, repair, or improvementof any property of the advisory board connected with the minoritybusiness development loan program, other than compensation forpersonal services, involves an expenditure of more than onethousand dollars, the director shall enter into a writtencontract with the lowest and best bidder after advertisement fornot less than four consecutive weeks in a newspaper of generalcirculation in the county where the contract, or somesubstantial part of it, is to be performed, and in otherpublications as the director determines. The notice shall statethe general character of the work and the general character ofthe materials to be furnished, the place where plans andspecifications for the work and materials may be examined, and the time andplace of receiving bids.

(2) Each bid for a contract for the construction,demolition, alteration, repair, or reconstruction of animprovement shall contain the full name of every personinterested in it and meet the requirements of section 153.54 ofthe Revised Code.

(3) Each bid for a contract, except as provided in division(G)(2) of this section, shall contain the full name of everyperson interested in it and shall be accompanied by a bond orcertified check on a solvent bank, in the amount of ten per centof the bid, that if the bid is accepted a contract will beentered into and the performance of its proposal secured. Thedirector may reject any or all bids. A bond with good andsufficient surety, approved by the director, shall be required ofall contractors in an amount equal to at least one hundred percent of the contract price, conditioned upon faithful performanceof the contract.

(H) Expend money appropriated to the department ofdevelopment by the general assembly for the purposes of sections122.71 to 122.83 and 122.87 to 122.89 122.90 of the Revised Code;

(I) Do all acts and things necessary or proper to carryout the powers expressly granted and the duties imposed insections 122.71 to 122.83 and 122.87 to 122.89 122.90 of the RevisedCode.

Sec. 122.751.  The minority development financingadvisory board or a regional economic development entity shall onlyconsider an application for a loan from any applicant after a certification bythe equal employment opportunity coordinator of the department ofadministrative services under division (B)(1) of section 123.151 of theRevised Code that the applicant is a minority business enterprise, or after a certification by the minority business supplier development council that the applicant is a minority business, and that theapplicant satisfies all criteria regarding eligibility for assistance pursuantto section 122.76 of the Revised Code.

Sec. 122.76.  (A) The director of development, withcontrolling boardapproval, may lend funds to minority businessenterprises and to communityimprovement corporations, Ohiodevelopment corporations, minority contractors business assistanceorganizations, and minority business supplier developmentcouncils for the purpose ofloaning funds to minority businessenterprises and for thepurpose of procuring or improving real orpersonal property, orboth, for the establishment, location, orexpansion ofindustrial, distribution, commercial, or researchfacilities inthe state, if the director determines, in thedirector'ssole discretion, that all of the following apply:

(1) The project is economically sound and will benefit thepeople of the state by increasing opportunities for employment,bystrengthening the economy of the state, or expanding minoritybusiness enterprises.

(2) The proposed minority business enterprise borrower isunable to finance the proposed project through ordinary financialchannels at comparable terms.

(3) The value of the project is or, upon completion, willbe at least equal to the total amount of the moneyexpended in theprocurement or improvement of the project, and one or morefinancial institutions or othergovernmental entities have loanednot less than thirty per centof that amount.

(4) The amount to be loaned by the director will notexceedsixty per cent of the total amount expended in theprocurement orimprovement of the project.

(5) The amount to be loaned by the director will beadequately secured by a first or second mortgage upon theprojector by mortgages, leases, liens, assignments, or pledgeson or ofother property or contracts as the director requires,andsuchmortgage will not be subordinate to any other liens ormortgagesexcept the liens securing loans or investments made byfinancialinstitutionsreferred toin division (A)(3) of thissection, andthe liens securing loans previouslymade by anyfinancialinstitution in connection with the procurement orexpansion of allor part of a project.

(B) Any proposed minority business enterpriseborrowersubmitting an application for assistance under this section shallnothave defaulted on a previous loan from the director, and nofull or limitedpartner, major shareholder, or holder of anequity interest ofthe proposed minority business enterpriseborrower shall have defaultedon a loan from the director.

(C) The proposed minority business enterprise borrowershalldemonstrate to the satisfaction of the director that it isable tosuccessfully compete in the private sector if it obtainsthenecessary financial, technical, or managerial support andthatsupport is available through the director, the minoritybusinessdevelopment office of the department of development, orotheridentified and acceptable sources. In determining whetheraminority business enterprise borrower will be able tosuccessfullycompete, the director may giveconsideration to such factors asthe successful completion of orparticipation in courses of study,recognized by the board ofregents as providing financial,technical, or managerial skillsrelated to the operation of thebusiness, by the economicallydisadvantaged individual, owner, orpartner, and the priorsuccess of the individual, owner, orpartner in personal, career,or business activities, as well as toother factors identified bythe director.

(D) The director shall not lend funds for the purpose ofprocuring or improving motor vehicles, power-driven vehicles,officeequipment, raw materials, smalltools, supplies,inventories, or accounts receivable.

Sec. 122.77.  (A) The director of development with controlling board approvalmay make loan guarantees to small businesses and corporations for the purposeof guaranteeing loans made to small businesses by financial institutions forthe purpose of procuring or improving real or personal property, or both, forthe establishment, location, or expansion of industrial, distribution,commercial, or research facilities in the state, if the director determines,in his the director's sole discretion, that all of the followingapply:

(1) The project is economically sound and will benefit the people of thestate by increasing opportunities for employment, by strengthening the economyof the state, or expanding minority business enterprises;.

(2) The proposed small business borrower is unable to finance the proposedproject through ordinary financial channels at comparable terms;.

(3) The value of the project is, or upon completion of it will be, atleast equal to the total amount of the money expended in the procurement orimprovement of the project and of which amount one or more financialinstitutions or other governmental entities have loaned not less than thirtyper cent;.

(4) The amount to be guaranteed by the director will not exceed fifty eighty percent of the total amount expended in the procurement or improvement of theproject;.

(5) The amount to be guaranteed by the director will be adequately securedby a first or second mortgage upon the project, or by mortgages, leases,liens, assignments, or pledges on or of other property or contracts as thedirector shall require and that such mortgage will not be subordinate to anyother liens or mortgages except the liens securing loans or investments madeby financial institutions referred to in division (A)(3) of thissection, and the liens securing loans previously made by any financialinstitution in connection with the procurement or expansion of all or part ofa project.

(B) The proposed small business borrower shall not have defaultedon a previous loan or guarantee from the director, and no full or limitedpartner, or major shareholder, or holder of any equity interest of theproposed minority business enterprise borrower shall have defaulted on a loanor guarantee from the director.

(C) The proposed small business borrower shall demonstrate to thesatisfaction of the director that it is able to successfully compete in theprivate sector if it obtains the necessary financial, technical, or managerialsupport and that support is available through the director, the minoritybusiness development office of the department of development, or otheridentified and acceptable sources. In determining whether a small businessborrower will be able to successfully compete, the director may giveconsideration to such factors as the successful completion of or participationin courses of study, recognized by the board of regents as providingfinancial, technical, or managerial skills related to the operation of thebusiness, by the economically disadvantaged individual, owner, or partner, andthe prior success of the individual, owner, or partner in personal, career, orbusiness activities, as well as to other factors identified by the director.

(D) The director shall not guarantee funds for the purpose ofprocuring or improving motor vehicles, power driven vehicles, officeequipment, raw materials, small tools, supplies, inventories, or accountsreceivable.

Sec. 122.78.  Fees, charges, rates ofinterest, timesof payment of interest and principal, and other terms,conditions, and provisions of the loans and guarantees made by the director ofdevelopment pursuant to sections 122.71 to 122.89 122.90 of the Revised Code shall besuch as the director determines to be appropriate and infurtherance of thepurpose for which the loans and guarantees are made, but the mortgage liensecuringany money loaned or guaranteed by the director may be subordinate tothe mortgagelien securing any money loaned or invested by a financial institution, butshall be superior to that securing any money loaned or expendedby any other corporation or person. The funds used in makingthese loans or guarantees shall be disbursed upon order of the director.

Sec. 122.79.  The exercise of the powers granted bysections 122.71 to 122.89 122.90of the Revised Code, will be in all respects for the benefit of the people ofthe state, for the increase of their commerce and prosperity, for the increaseand expansion of minority business enterprises, and for the improvement ofconditions of employment, and will constitute the performance of essentialgovernmental functions; therefore, the director of development shall not berequired to pay any taxes upon any property or assets held by himthe director, or upon any property acquired or used by himthe director under sections 122.71 to 122.89 122.90 of the Revised Code, orupon the income from it, provided that this exemption shall not apply to anyproperty held by the director while it is in the possession of a privateperson, partnership, or corporation and used for privatepurposes for profit, in which case such tax liability shall accrueto such the private person, partnership, or corporation.

Sec. 122.82.  All moneys, funds, properties, and assets acquired by thedirector of development shall be held by him the director intrust to carry out his the director's powersand duties, shall be used as provided in sections 122.71to 122.89 122.90 oftheRevised Code, and shall at no time be part of other public funds.

Sec. 122.83.  Any person who intentionally misrepresents that person's self asowning, controlling, operating, or participating in a minority businessenterprise for the purpose of obtaining funds, contracts, subcontracts,services, or any other benefits under sections 122.71 to 122.85 or 122.87 to122.89 122.90 of the Revised Code is guilty of theft by deception, pursuant tosection 2913.02 of the Revised Code.

Sec. 122.95.  As used in sections 122.95 to 122.952 of the Revised Code:

(A) "Commercial or industrial areas" means areas established by a state, county, municipal, or other zoned either commercial or industrial by the local zoning authority as being most appropriate for business, commerce, industry, or trade or an area not zoned by state or local law, regulation, or ordinance, but in which there is located one or more commercial or industrial activities.

(B) "Eligible county" means any of the following:

(1) A county designated as being in the "Appalachian region" under the "Appalachian Regional Development Act of 1965," 79 Stat. 5, 40 U.S.C. App. 403;

(2) A county that is a "distressed area" as defined in section 122.16 of the Revised Code;

(3) A county that within the previous calendar year has had a population of less than one hundred thousand according to the most recent federal decennial census and in which three hundred fifty or more residents of the county were, during the most recently completed calendar year, permanently or temporarily terminated from a private sector employment position for any reason not reflecting discredit on the employee;

(4) A county that has a population of one hundred thousand or more according to the most recent federal decennial census and in which one thousand or more residents of the county were, during the most recently completed calendar year, permanently or temporarily terminated from a private sector employment position for any reason not reflecting discredit on the employee job loss numbering two hundred or more of which one hundred or more are manufacturing-related as reported in the notices prepared by the department of job and family services pursuant to the "Worker Adjustment and Retraining Notification Act," 102 Stat. 890 (1988), 29 U.S.C. 2101 et seq., as amended.

Sec. 122.951.  (A) If the director of development determines that a grant from the industrial site improvement fund will may create new jobs or preserve existing jobs and employment opportunities in an eligible county, the director may grant up to one million five hundred thousand dollars from the fund to the eligible county for the purpose of acquiring commercial or industrial land or buildings and making improvements to commercial or industrial areas within the eligible county, including, but not limited to:

(1) Expanding, remodeling, renovating, and modernizing buildings, structures, and other improvements;

(2) Remediating environmentally contaminated property on which hazardous substances exist under conditions that have caused or would cause the property to be identified as contaminated by the Ohio or United States environmental protection agency; and

(3) Infrastructure improvements, including, but not limited to, site preparation, including building demolition and removal; streets, roads, bridges, and traffic control devices; parking lots and facilities; water and sewer lines and treatment plants; gas, electric, and telecommunications, including broadband, hook-ups; and water and railway access improvements.

A grant awarded under this section shall provide not more than seventy-five per cent of the estimated total cost of the project for which an application is submitted under this section. In addition, not more than ten per cent of the amount of the grant shall be used to pay the costs of professional services related to the project.

(B) An eligible county may apply to the director for a grant under this section in the form and manner prescribed by the director. The eligible county shall include on the application all information required by the director. The application shall require the eligible county to provide a detailed description of how the eligible county would use a grant to improve commercial or industrial areas within the eligible county, and to specify how a grant will lead to the creation of new jobs or the preservation of existing jobs and employment opportunities in the eligible county. The eligible county shall specify in the application the amount of the grant for which the eligible county is applying.

(C) An eligible county that receives a grant under this section is not eligible for any additional grants from the industrial site improvement fund in the fiscal year in which the grant is received and in the subsequent fiscal year.

(D) An eligible county may designate a port authority, community improvement corporation as defined in section 122.71 of the Revised Code, or other economic development entity that is located in the county to apply for a grant under this section. If a port authority, community improvement corporation, or other economic development entity is so designated, references to an eligible county in this section include references to the authority, corporation, or other entity.

Sec. 123.01.  (A) The department of administrativeservices, in addition to those powers enumerated in Chapters 124.and 125. of the Revised Code and provided elsewhere by law,shall exercise the following powers:

(1) To prepare, or contract to be prepared, by licensedengineers or architects, surveys, general and detailed plans,specifications, bills of materials, and estimates of cost for anyprojects, improvements, or public buildings to be constructed bystate agencies that may be authorized by legislativeappropriations or any other funds made available therefor,provided that the construction of the projects, improvements, orpublic buildings is a statutory duty of the department. Thissection does not require the independent employment of anarchitect or engineer as provided by section 153.01 of theRevised Code in the cases to which that section applies noraffect or alter the existing powers of the director oftransportation.

(2) To have general supervision over the construction ofany projects, improvements, or public buildings constructed for astate agency and over the inspection of materials previous totheir incorporation into those projects, improvements, orbuildings;

(3) To make contracts for and supervise the constructionof any projects and improvements or the construction and repairof buildings under the control of a state agency, exceptcontracts for the repair of buildings under the management andcontrol of the departments of public safety, job andfamily services,mental health, mental retardation and developmental disabilities,rehabilitation and correction, and youth services, the bureau ofworkers' compensation, therehabilitationservices commission, and boards of trustees of educational andbenevolent institutions and except contracts for the construction of projects that do not require the issuance of a building permit or the issuance of a certificate of occupancy and that are necessary to remediate conditions at a hazardous waste facility, solid waste facility, or other location at which the director of environmental protection has reason to believe there is a substantial threat to public health or safety or the environment. These contracts shall be made andentered into by the directors of public safety, job andfamily services,mental health, mental retardation and developmental disabilities,rehabilitation and correction, and youth services, theadministrator of workers' compensation, the rehabilitation services commission,and theboards oftrustees of such institutions, and the director of environmental protection, respectively. All such contractsmay be in whole or in part on unit price basis of maximumestimated cost, with payment computed and made upon actualquantities or units.

(4) To prepare and suggest comprehensive plans for thedevelopment of grounds and buildings under the control of a stateagency;

(5) To acquire, by purchase, gift, devise, lease, orgrant, all real estate required by a state agency, in theexercise of which power the department may exercise the power ofeminent domain, in the manner provided by sections 163.01 to163.22 of the Revised Code;

(6) To make and provide all plans, specifications, andmodels for the construction and perfection of all systems ofsewerage, drainage, and plumbing for the state in connection withbuildings and grounds under the control of a state agency;

(7) To erect, supervise, and maintain all public monumentsand memorials erected by the state, except where the supervisionand maintenance is otherwise provided by law;

(8) To procure, by lease, storage accommodations for astate agency;

(9) To lease or grant easements or licenses forunproductive and unused lands or other property under the controlof a state agency. Such leases, easements, or licenses shall begranted for a period not to exceed fifteen years and shall beexecuted for the state by the director of administrative servicesand the governor and shall be approved as to form by the attorneygeneral, provided that leases, easements, or licenses may begranted to any county, township, municipal corporation, portauthority, water or sewer district, school district, librarydistrict, health district, park district, soil and waterconservation district, conservancy district, or other politicalsubdivision or taxing district, or any agency of the UnitedStates government, for the exclusive use of that agency,political subdivision, or taxing district, without any right ofsublease or assignment, for a period not to exceed fifteen years,and provided that the director shall grant leases, easements, orlicenses of university land for periods not to exceed twenty-fiveyears for purposes approved by the respective university's boardof trustees wherein the uses are compatible with the uses andneeds of the university and may grant leases of university landfor periods not to exceed forty years for purposes approved bythe respective university's board of trustees pursuant to section123.77 of the Revised Code.

(10) To lease office space in buildings for the use of astate agency;

(11) To have general supervision and care of thestorerooms, offices, and buildings leased for the use of a stateagency;

(12) To exercise general custodial care of all realproperty of the state;

(13) To assign and group together state offices in anycity in the state and to establish, in cooperation with the stateagencies involved, rules governing space requirements for officeor storage use;

(14) To lease for a period not to exceed forty years,pursuant to a contract providing for the construction thereofunder a lease-purchase plan, buildings, structures, and otherimprovements for any public purpose, and, in conjunctiontherewith, to grant leases, easements, or licenses for landsunder the control of a state agency for a period not to exceedforty years. The lease-purchase plan shall provide that at theend of the lease period, the buildings, structures, and relatedimprovements, together with the land on which they are situated,shall become the property of the state without cost.

(a) Whenever any building, structure, or other improvementis to be so leased by a state agency, the department shall retaineither basic plans, specifications, bills of materials, andestimates of cost with sufficient detail to afford bidders allneeded information or, alternatively, all of the following plans,details, bills of materials, and specifications:

(i) Full and accurate plans suitable for the use ofmechanics and other builders in the improvement;

(ii) Details to scale and full sized, so drawn andrepresented as to be easily understood;

(iii) Accurate bills showing the exact quantity ofdifferent kinds of material necessary to the construction;

(iv) Definite and complete specifications of the work tobe performed, together with such directions as will enable acompetent mechanic or other builder to carry them out and affordbidders all needed information;

(v) A full and accurate estimate of each item of expenseand of the aggregate cost thereof.

(b) The department shall give public notice, in suchnewspaper, in such form, and with such phraseology as thedirector of administrative services prescribes, published onceeach week for four consecutive weeks, of the time when and placewhere bids will be received for entering into an agreement tolease to a state agency a building, structure, or otherimprovement. The last publication shall be at least eight dayspreceding the day for opening the bids. The bids shall containthe terms upon which the builder would propose to lease thebuilding, structure, or other improvement to the state agency.The form of the bid approved by the department shall be used, anda bid is invalid and shall not be considered unless that form isused without change, alteration, or addition. Before submittingbids pursuant to this section, any builder shall comply withChapter 153. of the Revised Code.

(c) On the day and at the place named for receiving bidsfor entering into lease agreements with a state agency, thedirector of administrative services shall open the bids and shallpublicly proceed immediately to tabulate the bids upon duplicatesheets. No lease agreement shall be entered into until thebureau of workers' compensation has certified that the person tobe awarded the lease agreement has complied with Chapter 4123. ofthe Revised Code, until, if the builder submitting the lowest andbest bid is a foreign corporation, the secretary of state hascertified that the corporation is authorized to do business inthis state, until, if the builder submitting the lowest and bestbid is a person nonresident of this state, the person has filedwith the secretary of state a power of attorney designating thesecretary of state as its agent for the purpose of acceptingservice of summons in any action brought under Chapter 4123. ofthe Revised Code, and until the agreement is submitted to theattorney general and the attorney general's approval is certifiedthereon. Withinthirty days after the day on which the bids are received, thedepartment shall investigate the bids received and shalldetermine that the bureau and the secretary of state have madethe certifications required by this section of the builder whohas submitted the lowest and best bid. Within ten days of thecompletion of the investigation of the bids, the department shallaward the lease agreement to the builder who has submitted thelowest and best bid and who has been certified by the bureau andsecretary of state as required by this section. If bidding forthe lease agreement has been conducted upon the basis of basicplans, specifications, bills of materials, and estimates ofcosts, upon the award to the builder the department, or thebuilder with the approval of the department, shall appoint anarchitect or engineer licensed in this state to prepare suchfurther detailed plans, specifications, and bills of materials asare required to construct the building, structure, orimprovement. The department shall adopt such rules as arenecessary to give effect to this section. The department mayreject any bid. Where there is reason to believe there iscollusion or combination among bidders, the bids of thoseconcerned therein shall be rejected.

(15) To acquire by purchase, gift, devise, or grant and totransfer, lease, or otherwise dispose of all real propertyrequired to assist in the development of a conversion facility asdefined in section 5709.30 of the Revised Code as that section existed before its repeal by Amended Substitute House Bill 95 of the 125th general assembly;

(16) To lease for a period not to exceed forty years,notwithstanding any other division of this section, thestate-owned property located at 408-450 East Town Street,Columbus, Ohio, formerly the state school for the deaf, to adeveloper in accordance with this section. "Developer," as usedin this section, has the same meaning as in section 123.77 of theRevised Code.

Such a lease shall be for the purpose of development of theland for use by senior citizens by constructing, altering,renovating, repairing, expanding, and improving the site as itexisted on June 25, 1982. A developer desiring to lease the landshall prepare for submission to the department a plan fordevelopment. Plans shall include provisions for roads, sewers,water lines, waste disposal, water supply, and similar matters tomeet the requirements of state and local laws. The plans shallalso include provision for protection of the property byinsurance or otherwise, and plans for financing the development,and shall set forth details of the developer's financialresponsibility.

The department may employ, as employees or consultants,persons needed to assist in reviewing the development plans.Those persons may include attorneys, financial experts,engineers, and other necessary experts. The department shallreview the development plans and may enter into a lease if itfinds all of the following:

(a) The best interests of the state will be promoted byentering into a lease with the developer;

(b) The development plans are satisfactory;

(c) The developer has established the developer's financialresponsibility and satisfactory plans for financing thedevelopment.

The lease shall contain a provision that construction orrenovation of the buildings, roads, structures, and othernecessary facilities shall begin within one year after the dateof the lease and shall proceed according to a schedule agreed tobetween the department and the developer or the lease will beterminated. The lease shall contain such conditions andstipulations as the director considers necessary to preserve thebest interest of the state. Moneys received by the statepursuant to this lease shall be paid into the general revenuefund. The lease shall provide that at the end of the leaseperiod the buildings, structures, and related improvements shallbecome the property of the state without cost.

(17) To lease to any person any tract of land owned by thestate and under the control of the department, or any part ofsuch a tract, for the purpose of drilling for or the pooling ofoil or gas. Such a lease shall be granted for a period notexceeding forty years, with the full power to contract for,determine the conditions governing, and specify the amount thestate shall receive for the purposes specified in the lease, andshall be prepared as in other cases.

(18) To manage the use of space owned and controlled by the department, including space in property under the jurisdiction of the Ohio building authority, by doing all of the following:

(a) Biennially implementing, by state agency location, a census of agency employees assigned space;

(b) Periodically in the discretion of the director of administrative services:

(i) Requiring each state agency to categorize the use of space allotted to the agency between office space, common areas, storage space, and other uses, and to report its findings to the department;

(ii) Creating and updating a master space utilization plan for all space allotted to state agencies. The plan shall incorporate space utilization metrics.

(iii) Conducting a cost-benefit analysis to determine the effectiveness of state-owned buildings;

(iv) Assessing the alternatives associated with consolidating the commercial leases for buildings located in Columbus.

(c) Commissioning a comprehensive space utilization and capacity study in order to determine the feasibility of consolidating existing commercially leased space used by state agencies into a new state-owned facility.

(B) This section and section 125.02 of the Revised Codeshall not interfere with any of the following:

(1) The power of the adjutant general to purchase militarysupplies, or with the custody of the adjutant general of propertyleased, purchased, or constructed by the state and used formilitary purposes, or with the functions of the adjutant generalas director of state armories;

(2) The power of the director of transportation inacquiring rights-of-way for the state highway system, or theleasing of lands for division or resident district offices, orthe leasing of lands or buildings required in the maintenanceoperations of the department of transportation, or the purchase ofreal propertyfor garage sites or division or resident district offices, or inpreparing plans and specifications for and constructing suchbuildings as the director may require in the administration ofthe department;

(3) The power of the director of public safety and theregistrar of motor vehicles to purchase or lease real propertyand buildings to be used solely as locations to which a deputyregistrar is assigned pursuant to division (B) of section4507.011 of the Revised Code and from which the deputy registrar isto conduct the deputy registrar's business, the power of the director ofpublic safety to purchase or lease real property and buildings to be used aslocations for division or district offices as required in the maintenance ofoperations of the department of public safety, and the power of thesuperintendent of the statehighway patrol in the purchase or leasing of real property andbuildings needed by the patrol, to negotiate the sale of real property ownedby the patrol, to rent or lease real property owned or leased by the patrol,and to make or cause to be made repairs to all property owned or under thecontrol of the patrol;

(4) The power of the division of liquor control in theleasing or purchasing of retail outlets and warehouse facilitiesfor the use of the division;

(5) The power of the director of development to enter into leasesof real property, buildings, and office space to be used solely as locationsfor the state's foreign offices to carry out the purposes of section 122.05of the Revised Code;

(6) The power of the director of environmental protection to enter into environmental covenants, to grant and accept easements, or to sell property pursuant to division (G) of section 3745.01 of the Revised Code.

(C) Purchases for, and the custody and repair of,buildings under the management and control of the capitol squarereview and advisory board, the rehabilitation services commission, the bureau ofworkers' compensation, or thedepartments of public safety,job and family services, mental health, mental retardationanddevelopmental disabilities, and rehabilitation and correction,and buildings of educational and benevolent institutions underthe management and control of boards of trustees, are not subjectto the control and jurisdiction of the department ofadministrative services.

(D) Any instrument by which real property is acquired pursuant tothis sectionshall identify the agency of the state that has the use and benefit of thereal property as specified in section 5301.012 of the Revised Code.

Sec. 123.152. (A) As used in this section, "EDGE business enterprise" means a sole proprietorship, association, partnership, corporation, limited liability corporation, or joint venture certified as a participant in the encouraging diversity, growth, and equity program by the director of administrative services under this section of the Revised Code.

(B) The director of administrative services shall establish a business assistance program known as the encouraging diversity, growth, and equity program and shall adopt rules in accordance with Chapter 119. of the Revised Code to administer the program and that do all of the following:

(1) Establish procedures by which a sole proprietorship, association, partnership, corporation, limited liability corporation, or joint venture may apply for certification as an EDGE business enterprise;

(2) Establish Except as provided in division (B)(14) of this section, establish agency procurement goals for contracting with EDGE business enterprises in the award of contracts under Chapters 123., 125., and 153. of the Revised Code based on the availability of eligible program participants by region or geographic area, as determined by the director, and by standard industrial code or equivalent code classification.

(a) Goals established under division (B)(2) of this section shall be based on a percentage level of participation and a percentage of contractor availability.

(b) Goals established under division (B)(2) of this section shall be applied at the contract level, relative to an overall dollar goal for each state agency, in accordance with the following certification categories: construction, architecture, and engineering; professional services; goods and services; and information technology services.

(3) Establish a system of certifying EDGE business enterprises based on a requirement that the business owner or owners show both social and economic disadvantage based on the following, as determined to be sufficient by the director:

(a) Relative wealth of the business seeking certification as well as the personal wealth of the owner or owners of the business;

(b) Social disadvantage based on any of the following:

(i) A rebuttable presumption when the business owner or owners demonstrate membership in a racial minority group or show personal disadvantage due to color, ethnic origin, gender, physical disability, long-term residence in an environment isolated from the mainstream of American society, location in an area of high unemployment;

(ii) Some other demonstration of personal disadvantage not common to other small businesses;

(iii) By business location in a qualified census tract.

(c) Economic disadvantage based on economic and business size thresholds and eligibility criteria designed to stimulate economic development through contract awards to businesses located in qualified census tracts.

(4) Establish standards to determine when an EDGE business enterprise no longer qualifies for EDGE business enterprise certification;

(5) Develop a process for evaluating and adjusting goals established by this section to determine what adjustments are necessary to achieve participation goals established by the director;

(6) Establish a point system or comparable system to evaluate bid proposals to encourage EDGE business enterprises to participate in the procurement of professional design and information technology services;

(7) Establish a system to track data and analyze each certification category established under division (B)(2)(b) of this section;

(8) Establish a process to mediate complaints and to review EDGE business enterprise certification appeals;

(9) Implement an outreach program to educate potential participants about the encouraging diversity, growth, and equity program;

(10) Establish a system to assist state agencies in identifying and utilizing EDGE business enterprises in their contracting processes;

(11) Implement a system of self-reporting by EDGE business enterprises as well as an on-site inspection process to validate the qualifications of an EDGE business enterprise;

(12) Establish a waiver mechanism to waive program goals or participation requirements for those companies that, despite their best-documented efforts, are unable to contract with certified EDGE business enterprises;

(13) Establish a process for monitoring overall program compliance in which equal employment opportunity officers primarily are responsible for monitoring their respective agencies;

(14) Establish guidelines for state universities as defined in section 3345.011 of the Revised Code and the Ohio school facilities commission created in section 3318.30 of the Revised Code for awarding contracts pursuant to Chapters 153., 3318., and 3345. of the Revised Code to allow the universities and commission to establish agency procurement goals for contracting with EDGE business enterprises.

(C) Not later than December 31, 2003, the director of administrative services shall prepare a detailed report to the governor outlining and evaluating the progress made in implementing the Business and personal financial information and trade secrets submitted by encouraging diversity, growth, and equity program applicants to the director pursuant to this section are not public records for purposes of section 149.43 of the Revised Code, unless the director presents the financial information or trade secrets at a public hearing or public proceeding regarding the applicant's eligibility to participate in the program.

Sec. 123.17. (A) As used in this section, "institution of higher education" means a state university or college, as defined in section 3345.12 of the Revised Code, or a state community college.

(B) The Not later than December 30, 2005, the state architect shall establish a local administration competency certification program to certify institutions of higher education to administer capital facilities projects pursuant to section 3345.51 of the Revised Code without the supervision, control, or approval of the department of administrative services. The program shall offer instruction in the administration of capital facilities projects for employees of institutions of higher education who are responsible for such administration and who are selected by their employing institutions to participate in the program.

(C) The program shall provide instruction about the provisions of Chapters 9., 123., and 153. of the Revised Code and any rules or policies adopted by the department regarding the planning, design, and construction of capital facilities, including all of the following:

(1) The planning, design, and construction process;

(2) Contract requirements;

(3) Construction management;

(4) Project management.

(D) The state architect shall award local administration competency certification to any institution of higher education if all of the following apply:

(1) The institution applied for certification on a form and in a manner prescribed by the state architect.

(2) The state architect determines that a sufficient number of the institution's employees, representing a sufficient number of employee classifications, responsible for the administration of capital facilities projects has have successfully completed the certification program to ensure that any capital facilities project undertaken by the institution will be administered successfully and in accordance with all provisions of the Revised Code, and the board of trustees of the institution provides written assurance to the state architect that the institution will select new employees to participate in the certification program as necessary to compensate for employee turnover.

(3) The state architect determines that the employees of the institution enrolled in the program demonstrate successful completion of the competency certification training and a satisfactory level of knowledge of and competency in the requirements for administering capital facilities projects.

(4) The institution pays the fee prescribed by division (E)(F) of this section.

(5) The board of trustees of the institution provides written assurance to the state architect that the institution will conduct biennial audits of the institution's administration of capital facilities projects in accordance with division (C) of section 3345.51 of the Revised Code.

(6) The board of trustees of the institution agrees in writing to indemnify and hold harmless the state and the department for any claim of injury, loss, or damage that results from the institution's administration of a capital facilities project.

(E) Local administration competency certification granted under this section shall remain in effect for as long as the state architect determines that both of the following apply:

(1) The institution of higher education maintains a sufficient number of employees responsible for the administration of capital facilities projects who have successfully completed the certification program and have demonstrated a satisfactory level of knowledge of and competency in the requirements for administering capital facilities projects;

(2) The institution is performing the biennial audits prescribed in division (C) of section 3345.51 of the Revised Code.

If the state architect determines that an institution of higher education has failed to comply with the conditions of division (E)(1) or (2) of this section, the state architect shall revoke the institution's certification and shall notify the board of trustees of the institution in writing of the revocation.

(F) The state architect shall establish, subject to the approval of the director of budget and management, the amount of the fee required to be paid by any institution of higher education that seeks certification under this section. The amount of the fees shall be set to cover the costs to implement this section, including the costs for materials and the competency certification training sessions. Any fees received under this section shall be paid into the state treasury to the credit of the state architect's fund established under section 123.10 of the Revised Code.

(F)(G) Nothing in this section shall prohibit an institution that administers a capital facilities project under section 3345.51 of the Revised Code from requesting guidance or other services from the department of administrative services.

Sec. 124.07. (A) The director of administrative services shallappoint such examiners, inspectors, clerks, and other assistantsas are necessary to carry out sections 124.01 to 124.64 of theRevised Code. The director may designate persons in or out ofthe official service of the state to serve as examiners orassistants under the director's direction. An examiner orassistant shallreceive such the compensation for each day actually and necessarilyspent in the discharge of duties as an examineror assistant asis determined by that the director determines; provided, that, if any such theexaminer or assistant is in the official service of the state orany political subdivision of the state, it shall be apart of theexaminer's or assistant's official duties to render such those services inconnection with such an examination without extra compensation.

(B) Each state agency and each state-supported college and oruniversity shall pay the cost of the services and facilitiesfurnished to it by the department of administrative services thatare necessary to provide and maintain payroll services asprescribed in section 125.21 of the Revised Code and state meritstandards as prescribed in sections 124.01 to 124.64 of theRevised Code for the agency, or state-supported college, or university. If amunicipal corporation chooses to use the services and facilitiesfurnished by the department that are necessary to provide andmaintain the standards so prescribed, the municipal corporationshall pay the cost of the services and facilities that thedepartment furnishes to it. SuchThe charges against a state agency, astate-supported college or university, or a municipal corporation shall becomputed on a reasonable cost basis in accordance with proceduresprescribed by the director of budget and management. Any moneysthe department of administrative services receives from any such astate agency, a state-supported college, or university, or a municipal corporation which under this division thatare in excess of the amount necessary to pay the cost offurnishing such the department's services and facilities during any fiscal yearshall be either refunded to or credited for the ensuing fiscalyear to the state agency, the state-supported college, or university, or the municipalcorporation that contributed the excess moneys.

(C) The director of administrative services may enter into anagreement with any municipal corporation or other politicalsubdivision to furnish services and facilities of the departmentof administrative services in the administration of its a meritprogram. Such The agreement shall provide that the department shall be reimbursedfor the reasonablecosts of such those services and facilities as determined by thedirector.

(D) All moneys received by the department of administrativeservices as reimbursement for payroll and merit program servicesperformed and facilities furnished under this section shall be paid into the statetreasury to the credit of the human resources servicesfund, which is hereby created.

(E) In counties of the state in which are located cities havingmunicipal civil service commissions, the director of administrative services may designatethe municipal civil service commission of the largest city withinsuch the county as the director's agent for the purpose ofcarrying out such theprovisions of sections 124.01 to 124.64 of the Revised Code,within such counties the county, as that the director designates. Each municipalcivil service commission designated as an agent of the directorshall render to the director, at the end of each month, render an itemized statement tothe director of the cost incurred by such the commission for workdone as the agent of the director, and the director shall, afterapproving such that statement, shall pay the total amount of it tothetreasurer of such the municipal corporation in the same manner asother expenses of the department of administrative services.

(F) The director, of administrative services and the examiners, inspectors, clerks, and assistants referred to in this sectionshall receive, in addition to their salaries, receive reimbursement forsuch necessary traveling and other expenses as are incurred inthe actual discharge of their official duties. The director mayalso incur the necessary expenses for stationery, printing, andother supplies incident to the business of the department ofadministrative services.

Sec. 124.321.  (A) Whenever it becomes necessary for anappointing authority to reduce its work force, the appointingauthority shall lay off employees or abolish their positions inaccordance with sections 124.321 to 124.327 of the Revised Codeand the rules of the director of administrative services.

(B)(1) Employees may be laid off as a result of a lack offunds within an appointing authority. For appointing authoritieswhich that employ persons whose salary or wage is paid by warrant ofthe auditor of state, the director of budget and management shallbe responsible for determining whether a lack of funds exists.For all other appointing authorities which that employ persons whosesalary or wage is paid other than by warrant of the auditor ofstate, the appointing authority shall itself shall determine whether alack of funds exists and shall file a statement of rationale andsupporting documentation with the director of administrativeservices prior to sending the layoff notice.

A (2) As used in this division, a "lack of funds" means an appointing authority has a currentor projected deficiency of funding to maintain current, or tosustain projected, levels of staffing and operations. Thissection does not require any transfer of money between funds inorder to offset a deficiency or projected deficiency of federalfunding for a program.

(3) The director of budget and management shall promulgate adoptrules, under Chapter 119. of the Revised Code, for agencies whoseemployees are paid by warrant of the auditor of state, fordetermining whether a lack of funds exists.

(C)(1) Employees may be laid off as a result of lack of workwithin an appointing authority. For appointing authorities whoseemployees are paid by warrant of the auditor of state, thedirector of administrative services shall determine whether alack of work exists. All other appointing authorities shallthemselves determine whether a lack of work exists and shall filea statement of rationale and supporting documentation with thedirector of administrative services prior to sending the layoff noticeof layoff.

A (2) As used in this division, a "lack of work, for purposes of layoff," means an appointingauthority has a current or projected temporary decrease in theworkload, expected to last less than one year, which that requires areduction of current or projected staffing levels. Thedetermination of a lack of work shall indicate the current orprojected temporary decrease in the workload of an appointingauthority and whether the current or projected staffing levels ofthe appointing authority will be excessive.

(D)(1) Employees may be laid off as a result of abolishmentof positions. Abolishment As used in this division, "abolishment" means the permanent deletion of aposition or positions from the organization or structure of anappointing authority due to lack of continued need for theposition. An

For purposes of this division, an appointing authority may abolish positions for any one or any combination of the following reasons: as aresult of a reorganization for the efficient operation of theappointing authority, for reasons of economy, or for lack ofwork. The determination of the need to abolish positions shallindicate the lack of continued need for positions within anappointing authority

(2)(a) Reasons of economy permitting an appointing authority to abolish a position and to lay off the holder of that position under this division shall be determined at the time the appointing authority proposes to abolish the position. The reasons of economy shall be based on the appointing authority's estimated amount of savings with respect to salary, benefits, and other matters associated with the abolishment of the position, except that the reasons of economy associated with the position's abolishment instead may be based on the appointing authority's estimated amount of savings with respect to salary and benefits only, if:

(i) Either the appointing authority's operating appropriation has been reduced by an executive or legislative action, or the appointing authority has a current or projected deficiency in funding to maintain current or projected levels of staffing and operations; and

(ii) It files a notice of the position's abolishment with the director of administrative services within one year of the occurrence of the applicable circumstance described in division (D)(2)(a)(i) of this section.

(b) The following principles apply when a circumstance described in division (D)(2)(a)(i) of this section would serve to authorize an appointing authority to abolish a position and to lay off the holder of the position under this division based on the appointing authority's estimated amount of savings with respect to salary and benefits only:

(i) The position's abolishment shall be done in good faith and not as a subterfuge for discipline.

(ii) If a circumstance affects a specific program only, the appointing authority only may abolish a position within that program.

(iii) If a circumstance does not affect a specific program only, the appointing authority may identify a position that it considers appropriate for abolishment based on the reasons of economy. Appointing authorities

(3) Each appointing authority shall themselvesdetermine itself whether any position should be abolished and shall filea statement of rationale and supporting documentation with thedirector of administrative services prior to sending the noticeof abolishment. If

If an abolishment results in a reduction of thework force, the appointing authority shall follow the proceduresfor laying off employees, subject to the following modifications:

(1)(a) The employee whose position has been abolished shallhave the right to fill an available vacancy within the employee'sclassification;.

(2)(b) If the employee whose position has been abolished hasmore retention points than any other employee serving in the sameclassification, then the employee with the fewest retentionpoints shall be displaced;.

(3)(c) If the employee whose position has been abolished hasthe fewest retention points in the classification, the employeeshall have the right to fill an available vacancy in a lowerclassification in the classification series;.

(4)(d) If the employee whose position has been abolished hasthe fewest retention points in the classification, the employeeshall displace the employee with the fewest retention points inthe next or successively lower classification in theclassification series.

(E) The director of administrative services shallpromulgate adopt rules, under Chapter 119. of the Revised Code, for thedetermination of lack of work within an appointing authority, forthe abolishment of positions by an appointing authority, and forthe implementation of this section.

Sec. 124.328.  A classified employee may appeal alayoff, or adisplacement which that is theresult of a layoff, to the state personnel board of review. Theappeal shall be filed or post-marked postmarked no later than ten days after receipt ofthe layoff notice of layoff or after the date the employee is displaced. In casesinvolving the laying off of classified employees, the affected employee or appointing authority mayappeal the decision of the state personnel board of review to the court of common pleascourt. The appeal from the state personnel board of review shall be made inaccordance with section 119.12 of the Revised Code.

Sec. 125.041.  Nothing in sections 125.02,125.03 to 125.08, 125.12 to 125.16, 125.18,125.31 to 125.76, or 125.831 of the RevisedCode shall be construed as limiting the attorney general, auditor of state,secretary of state, or treasurer of state in any of the following:

(A) Purchases for less than the dollaramounts for the purchase of supplies or services determined pursuant todivision (D) of section 125.05 of the Revised Code;

(B) Purchases that equal orexceed the dollar amounts for the purchase of supplies or services determinedpursuant to division (D) of section 125.05 of the Revised Code with theapproval of the controlling board, if that approval isrequired by section127.16 of the Revised Code;

(C) The final determination of the nature or quantity making anypurchase of supplies or services to be purchased pursuant to section125.06 of the Revised Code;

(D) The final determination and disposal of excess and surplussupplies;

(E) The inventory of state property;

(F) The purchase of printing;

(G) The Activities related to information technology development and use;

(H) The fleet management program.

Sec. 125.05.  Except as provided in division (E) of thissection, no state agency shall purchase any supplies orservices except as provided in divisions (A) to (C) of this section.

(A) Subject to division (D) of this section, a state agency may, withoutcompetitive selection, make any purchase of services that cost fifty thousanddollars or less or any purchase of supplies that cost twenty-five thousanddollars or less. The agency may make the purchase directly or may make thepurchase from or through the department of administrative services, whicheverthe agency determines. Thedepartmentshall establish written procedures to assist state agencies whenthey makedirect purchases. If the agency makes the purchase directly, itshall make the purchase by a term contract whenever possible.

(B) Subject to division (D) of this section, a state agencywanting to purchase services that cost more thanfifty thousand dollars or supplies that cost more thantwenty-five thousand dollars shall, unless otherwise authorized by law, makethe purchase from or through the department. The department shall make thepurchase by competitive selection under section 125.07 of theRevised Code. If the director of administrative services determines that itis not possible or not advantageous to the state for the department to makethe purchase, the department shall grant the agency a release and permit undersection 125.06 of the Revised Code to make the purchase. Section 127.16 ofthe Revised Code does not apply to purchases the department makes under thissection.

(C) An agency that has been granted a release and permit to makea purchase may make the purchase without competitive selection if after makingthe 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 administrativeservices approves the purchase.

(D) Not later than January 31, 1997, the amountsspecified in divisions (A) and (B) of this section and, notlater than the thirty-first day of January of each second yearthereafter, any amounts computed by adjustments made under this division,shall be increased or decreased by the average percentage increase or decreasein the consumer price index prepared by the United Statesbureau of labor statistics (U.S. CityAverage for Urban Wage Earners and Clerical Workers: "All Items1982-1984=100") for the twenty-four calendar month period prior to theimmediately preceding first day of January over the immediatelypreceding twenty-four calendar month period, as reported by the bureau. Thedirector of administrative services shall make this determination and adjustthe appropriate amounts accordingly.

(E) If the eTech Ohio SchoolNetcommission, the department of education,or the Ohio education computernetwork determines that it can purchase software services or supplies forspecified school districts at a price less than the price for which thedistricts could purchase the same software services or supplies forthemselves, the office commission, department, or network shall certify that fact to thedepartment of administrative services and, acting as an agent for thespecified school districts, shall make that purchase without following theprovisions in divisions (A) to (D) of this section.

Sec. 125.11.  (A) Subject to division (B) of thissection,contracts awarded pursuant toa reverse auctionunder section125.072 of the Revised Code or pursuant tocompetitivesealedbidding, including contracts awarded undersection125.081 oftheRevised Code, shall be awarded to thelowestresponsive andresponsible bidder on each item inaccordance withsection 9.312of the Revised Code. When thecontract is for meatproducts asdefined in section 918.01 of theRevised Code orpoultry productsas defined in section 918.21 ofthe RevisedCode, only those bidsreceived from vendors offeringproducts fromestablishments on thecurrent listof meat andpoultry vendors established andmaintained by thedirector ofadministrative services undersection 125.17 of theRevised Codeshall be eligible foracceptance. The department ofadministrative services may acceptor reject any or all bids inwhole or by items, except that whenthe contract is for servicesorproducts available from aqualified nonprofit agencypursuant tosections 125.60 to 125.6012 or 4115.31 to 4115.35of the Revised Code, thecontractshall be awarded to that agency.

(B) Prior to awarding a contract under division (A) ofthissection, the department of administrative services or thestateagency responsible for evaluating a contract for thepurchase ofproducts shall evaluate the bids receivedaccording tothecriteria and procedures established pursuant to divisions(C)(1)and (2) of section 125.09 of the Revised Code fordetermining if aproduct is produced or mined in the UnitedStates and if a productisproduced or mined inthis state. Thedepartment or otherstate agency shall first remove bids that offerproductsthathave not been or that will not beproduced or mined intheUnitedStates. From among the remaining bids, the departmentorotherstate agency shall select the lowest responsive andresponsiblebid, inaccordance with section 9.312 of the RevisedCode, fromamong thebids that offerproducts thathave beenproduced ormined inthis statewhere sufficientcompetitioncan be generatedwithinthisstate toensure thatcompliancewith theserequirements will not result inan excessiveprice forthe productor acquiring adisproportionately inferiorproduct.Ifthere aretwo or morequalified bids that offerproducts that have beenproduced or minedinthis state, itshall be deemed thatthere issufficient competitionto prevent anexcessive price for theproduct or the acquiring ofadisproportionately inferior product.

(C) Division (B) of this section applies to contracts forwhich competitive bidding is waived by the controlling board.

(D) Division (B) of this section does not apply tothepurchase by the division of liquor control ofspirituousliquor.

(E) The director of administrative services shall publishinthe form of a model act for use by counties, townships,municipalcorporations, or any other political subdivisiondescribed indivision (B) of section 125.04 of the Revised Code, asystem ofpreferencesfor productsmined andproduced inthisstate and inthe United States and forOhio-basedcontractors.Themodel actshall reflect substantialequivalenceto the systemofpreferencesin purchasing and publicimprovementcontractingprocedures underwhich the state operatespursuant tothis chapterand section153.012 of the Revised Code. To themaximum extentpossible,consistent with the Ohio systemofpreferences inpurchasing andpublic improvement contractingprocedures, themodel act shallincorporate all of therequirements of the federal"Buy AmericaAct," 47 Stat. 1520(1933), 41 U.S.C. 10a to 10d, asamended, andthe rules adoptedunder that act.

Before and during the development and promulgationofthemodel act, the director shall consult with appropriatestatewideorganizations representing counties, townships, andmunicipalcorporations so as to identify the special requirementsandconcerns these political subdivisions have in their purchasingandpublic improvement contracting procedures. The directorshallpromulgate the model act by rule adopted pursuant toChapter 119.of the Revised Code and shall revise the act asnecessary toreflect changes in this chapter or section 153.012of the RevisedCode.

The director shall make available copies of the model act,supporting information, and technical assistance to any township,county, or municipal corporation wishing to incorporate theprovisions of the act into its purchasing or public improvementcontracting procedure.

Sec. 125.18. (A) There is hereby established the office of information technology housed within the department of administrative services. The office shall be under the supervision of a chief information officer to be appointed by the governor and subject to removal at the pleasure of the governor. The chief information officer shall serve as the director of the office.

(B) The director of the office of information technology shall advise the governor regarding the superintendence and implementation of statewide information technology policy.

(C) The director of the office of information technology shall lead, oversee, and direct state agency activities related to information technology development and use. In that regard, the director shall do all of the following:

(1) Coordinate and superintend statewide efforts to promote common use and development of technology by state agencies. The office of information technology shall establish policies and standards that govern and direct state agency participation in statewide programs and initiatives.

(2) Establish policies and standards for the acquisition and use of information technology by state agencies, including, but not limited to, hardware, software, technology services, and security, with which state agencies shall comply;

(3) Establish criteria and review processes to identify state agency information technology projects that require alignment or oversight. As appropriate, the office of information technology shall provide the governor and the director of budget and management with notice and advice regarding the appropriate allocation of resources for those projects. The director of the office of information technology may require state agencies to provide, and may prescribe the form and manner by which they must provide, information to fulfill the director's alignment and oversight role.

(D) The office of information technology shall have the same authority given to the department of administative services under sections 125.01, 125.02, 125.023, 125.04, 125.05, 125.06, 125.07, 125.071, 125.072, 125.081, 125.09, 125.10, 125.11, and 125.25 of the Revised Code for the purchase of information technology supplies and services for state agencies.

(E) The office of information technology may make contracts for, operate, and superintend technology supplies and services for state agencies in accordance with this chapter.

(F) The office of information technology may establish cooperative agreements with federal and local government agencies and state agencies that are not under the authority of the governor for the provision of technology services and the development of technology projects.

(G) As used in this section, "state agency" means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government, other than any state-supported institution of higher education, the office of the auditor of state, treasurer of state, secretary of state, or attorney general, the public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the school employees retirement system, the state highway patrol retirement system, the general assembly or any legislative agency, or the courts or any judicial agency.

Sec. 125.25. (A) The director of administrative services may debar a vendor from consideration for contract awards upon a finding based upon a reasonable belief that the vendor has done any of the following:

(1) Abused the selection process by repeatedly withdrawing bids or proposals before purchase orders or contracts are issued or failing to accept orders based upon firm bids;

(2) Failed to substantially perform a contract according to its terms, conditions, and specifications within specified time limits;

(3) Failed to cooperate in monitoring contract performance by refusing to provide information or documents required in a contract, failed to respond to complaints to the vendor, or accumulated repeated justified complaints regarding performance of a contract;

(4) Attempted to influence a public employee to breach ethical conduct standards or to influence a contract award;

(5) Colluded to restrain competition by any means;

(6) Been convicted of a criminal offense related to the application for or performance of any public or private contract, including, but not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, and any other offense that directly reflects on the vendor's business integrity;

(7) Been convicted under state or federal antitrust laws;

(8) Deliberately or willfully submitted false or misleading information in connection with the application for or performance of a public contract;

(9) Violated any other responsible business practice or performed in an unsatisfactory manner as determined by the director;

(10) Through the default of a contract or through other means had a determination of unresolved finding for recovery by the auditor of state under section 9.24 of the Revised Code;

(11) Acted in such a manner as to be debarred from participating in a contract with any governmental agency.

(B) When the director reasonably believes that grounds for debarment exist, the director shall send the vendor a notice of proposed debarment indicating the grounds for the proposed debarment and the procedure for requesting a hearing on the proposed debarment. The hearing shall be conducted in accordance with Chapter 119. of the Revised Code. If the vendor does not respond with a request for a hearing in the manner specified in Chapter 119. of the Revised Code, the director shall issue the debarment decision without a hearing and shall notify the vendor of the decision by certified mail, return receipt requested.

(C) The director shall determine the length of the debarment period and may rescind the debarment at any time upon notification to the vendor. During the period of debarment, the vendor is not eligible to participate in any state contract. After the debarment period expires, the vendor shall be eligible to be awarded contracts by state agencies.(D) The director, through the office of information technology and the office of procurement services, shall maintain a list of all vendors currently debarred under this section.

Sec. 125.60. As used in sections 125.60 to 125.6012 of the Revised Code:

(A) "Community rehabilitation program" means an agency that:

(1) Is organized under the laws of the United States or this state such that no part of its net income inures to the benefit of any shareholder or other individual;

(2) Is certified as a sheltered workshop, if applicable, by the wage and hour division of the United States department of labor;

(3) Is registered and in good standing with the secretary of state as a domestic nonprofit or not-for-profit corporation;

(4) Complies with applicable occupational health and safety standards required by the laws of the United States or of this state;

(5) Operates in the interest of persons with work-limiting disabilities, provides vocational or other employment-related training to persons with work-limiting disabilities, and employs persons with work-limiting disabilities in the manufacture of products or the provision of services;

(6) Is a nonprofit corporation for federal tax purposes.

(B) "Government ordering office" means any of the following:

(1) Any state agency, including the general assembly, the supreme court, and the office of a state elected official, or any state authority, board, bureau, commission, institution, or instrumentality that is funded in total or in part by state money;

(2) A county, township, or village.

(C) "Person with a work-limiting disability" means an individual who has a disability as defined in the "Americans with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C. 12101, and who:

(1) Because of that disability is substantially limited in the type or quantity of work the individual can perform or is prevented from working regularly;

(2) Meets criteria established by the office of procurement from community rehabilitation programs.

Sec. 125.601. (A) Not later than July 1, 2007, the director of administrative services shall establish the office of procurement from community rehabilitation programs within the department of administrative services. The director shall designate an employee of the department to serve as administrator of the office.

(B) Not later than July 1, 2007, the director shall abolish the state committee for the purchase of products and services provided by persons with severe disabilities in accordance with section 4115.36 of the Revised Code.

Sec. 125.602. (A) The department of mental retardation and developmental disabilities, the department of mental health, the department of job and family services, the rehabilitation services commission, and any other state or governmental agency or community rehabilitation program responsible for the provision of rehabilitation and vocational educational services to persons with work-limiting disabilities may, through written agreement, cooperate in providing resources to the department of administrative services for the operation of the office of procurement from community rehabilitation programs. These resources may include, but are not limited to, leadership and assistance in dealing with the societal aspects of meeting the needs of persons with work-limiting disabilities.

(B) The office and all governmental entities that administer socioeconomic programs may enter into contractual agreements, cooperative working relationships, or other arrangements that are necessary for effective coordination and realization of the objectives of these entities.

Sec. 125.603. (A) The office of procurement from community rehabilitation programs shall do the following in addition to other duties specified in sections 125.60 to 125.6012 of the Revised Code:

(1) Establish, maintain, and periodically update a procurement list of approved supplies and services available from qualified nonprofit agencies;

(2) Monitor the procurement practices of government ordering offices to ensure compliance with sections 125.60 to 125.6012 of the Revised Code;

(3) In cooperation with qualified nonprofit agencies, government ordering offices, the department of mental retardation and developmental disabilities, the department of mental health, the department of job and family services, and the rehabilitation services commission, develop and recommend to the director of administrative services rules the director shall adopt in accordance with Chapter 119. of the Revised Code for the effective and efficient administration of sections 125.60 to 125.6012 of the Revised Code;

(4) Prepare a report of its activities by the last day of December of each year. The report shall be posted electronically on the office's web site.

(B) The office of procurement from community rehabilitation programs may enter into contractual agreements and establish pilot programs to further the objectives of sections 125.60 to 125.6012 of the Revised Code.

Sec. 125.604. A community rehabilitation program may apply to the office of procurement from community rehabilitation programs to be certified as qualified to provide its supplies and services for procurement by government ordering offices. The office shall prescribe the form of the application. If the office is satisfied the program is qualified, it shall certify the program as a qualified nonprofit agency for the purposes of sections 125.60 to 125.6012 of the Revised Code.

Sec. 125.605. The office of procurement from community rehabilitation programs may certify any entity to serve as an approved agent of a qualified nonprofit agency for the purposes of sections 125.60 to 125.6012 of the Revised Code. The office shall prescribe procedures under which an entity can apply and be considered for such certification. An approved agent may do any of the following:

(A) Contract with the office of procurement from community rehabilitation programs to provide centralized business facilitation or other assistance to qualified nonprofit agencies. The office shall consult with qualified nonprofit agencies before agreeing to such a contract.

(B) Act as a distributor of supplies and services registered on the procurement list maintained by the office under section 125.603 of the Revised Code;

(C) Provide marketing, administrative, and other services related to sales.

Sec. 125.606. Prior to purchases by government ordering offices, the office of procurement from community rehabilitation programs shall attempt to establish for each item on the procurement list a fair market price that is representative of the range of prices that a government ordering office would expect to pay to purchase the item in the marketplace. When establishing a fair market price for an item, the office of procurement from community rehabilitation programs shall consider the costs of doing business with respect to that item, including sales, marketing, and research and development costs and agent fees. If the office of procurement from community rehabilitation programs cannot establish a fair market price for a particular supply or service, the government ordering office shall attempt to establish the fair market price pursuant to division (B) of section 125.607 of the Revised Code for each purchase of such supply or service.

Sec. 125.607. (A) Before purchasing any supply or service, a governmental ordering office shall determine whether the supply or service is on the procurement list maintained by the office of procurement from community rehabilitation programs. If the supply or service is on the list at an established fair market price, the government ordering office shall purchase it from the qualified nonprofit agency or approved agent at that price.

(B) If the supply or service is on the procurement list but a fair market price has not been established, the government ordering office shall attempt to negotiate an agreement with one or more of the listed qualified nonprofit agencies or approved agents. The office of procurement from community rehabilitation programs may accept as fair market price an agreement negotiated between the government ordering office and a qualified nonprofit agency or approved agent.

(C) If an agreement is not successfully negotiated, the office may establish a fair market price, or it may release a government ordering office from the requirements of this section.

(D) A purchase under divisions (A) to (C) of this section is not subject to any competitive selection or competitive bidding requirements, notwithstanding any other provision of law.

(E) The department of administrative services has the authority to structure or regulate competition among qualified nonprofit agencies for the overall benefit of the program.

Sec. 125.608. All government ordering offices purchasing supplies and services from qualified non-profit agencies or their approved agents shall reimburse the department of administrative services a reasonable sum to cover the department's costs of administering sections 125.60 to 125.6012 of the Revised Code. The department may bill administrative costs to government ordering offices directly, or allow qualified non-profit agencies or approved agents to collect and remit department administrative fees, at the department's discretion. Any department administrative fees collected and remitted by qualified nonprofit agencies or their approved agents shall be considered allowable expenses in addition to the fair market price approved under section 125.606 or 125.607 of the Revised Code. The money so paid shall be deposited in the state treasury to the credit of the general services fund created under section 125.15 of the Revised Code.

Sec. 125.609. The office of procurement from community rehabilitation programs, on its own or pursuant to a request from a government ordering office, may release a government ordering office from compliance with sections 125.60 to 125.6012 of the Revised Code. If the office determines that compliance is not possible or not advantageous, or if conditions prescribed in rules as may be adopted under section 125.603 of the Revised Code for granting a release are met, the office may grant a release. The release shall be in writing, and shall specify the supplies or services to which it applies, the period of time during which it is effective, and the reason for which it is granted.

Sec. 125.6010. Section 125.607 of the Revised Code does not apply to the purchase of a product or service available from a state agency, state instrumentality, or political subdivision under any law in effect on July 1, 2005.

Sec. 125.6011. (A) Nothing in sections 125.60 to 125.6012 of the Revised Code shall be construed to prohibit the purchase of a supply or service from a qualified nonprofit agency by a political subdivision that is not a government ordering office.

(B) Purchases made under this section by a political subdivision, as defined in section 125.04 of the Revised Code, are exempt from any competitive selection procedures otherwise required by law. Purchases under this section shall be made from qualified nonprofit agencies or their approved agents.

(C) A political subdivision, as defined in section 125.04 of the Revised Code, may not purchase under division (C) of that section a supply or service on the procurement list established under section 125.603 of the Revised Code.

Sec. 125.6012. A government ordering office and qualified nonprofit agency shall provide the necessary information and documentation requested by the office of procurement from community rehabilitation programs to enable the office to effectively administer sections 125.60 to 125.6012 of the Revised Code.

Sec. 125.831. As used in sections 125.831 to 125.833 of the Revised Code:

(A) "Law enforcement officer" means an officer, agent, or employee of a state agency upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of that statutory duty and authority, but does not include such an officer, agent, or employee if that duty and authority is location specific.

(B)(1) "Motor vehicle" means any automobile, car minivan, cargo van, passenger van, sport utility vehicle, or pickup truck with a gross vehicle weight of under twelve thousand pounds.

(2) "Motor vehicle" does not include, except for the purposes of division (C) of section 125.832 of the Revised Code, any vehicle described in division (B)(1) of this section that is used by a law enforcement officer and law enforcement agency or any vehicle that is so described and that is equipped with specialized equipment that is not normally found in such a vehicle and that is used to carry out a state agency's specific and specialized duties and responsibilities.

(C) "Specialized equipment" does not include standard mobile radios with no capabilities other than voice communication, exterior and interior lights, or roof-mounted caution lights.

(D) "State agency" means every organized body, office, board, authority, commission, or agency established by the laws of the state for the exercise of any governmental or quasi-governmental function of state government regardless of the funding source for that entity, other than any state-supported state institution of higher education, the office of the governor, lieutenant governor, auditor of state, treasurer of state, secretary of state, or attorney general, the general assembly or any legislative agency, or the courts or any judicial agency, or any state retirement system or retirement program established by or referenced in the Revised Code.

(E) "State institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.

Sec. 125.832. (A) The department of administrative services is granted exclusive authority over the acquisition and management of all motor vehicles used by state agencies. In carrying out this authority, the department shall do both of the following:

(1) Approve the purchase or lease of each motor vehicle for use by a state agency. The department shall decide if a motor vehicle shall be leased or purchased for that use.

Except as otherwise provided in division (A)(1) of this section, on and after July 1, 2005, each state agency shall acquire all passenger motor vehicles under the department's master leasing program. If the department determines that acquisition under that program is not the most economical method and if the department and the state agency acquiring the passenger motor vehicle can provide economic justification for doing so, the department may approve the purchase, rather than the lease, of a passenger motor vehicle for the acquiring state agency.

(2) Direct and approve all funds that are expended for the purchase, lease, repair, maintenance, registration, insuring, and other costs related to the possession and operation of motor vehicles for the use of state agencies.

(B) The director of administrative services shall establish and operate a fleet management program. The director shall operate the program for purposes including, but not limited to, cost-effective acquisition, maintenance, management, analysis, and disposal of all motor vehicles owned or leased by the state. All state agencies shall comply with statewide fleet management policies and procedures established by the director for the program, including, but not limited to, motor vehicle assignments, additions of motor vehicles to fleets or motor vehicle replacements, motor vehicle fueling, and motor vehicle repairs.

(C) The director shall establish and maintain a fleet reporting system and shall require state agencies to submit to the department information relative to state motor vehicles, including motor vehicles described in division (B)(2) of section 125.831 of the Revised Code, to be used in operating the fleet management program. State agencies shall provide to the department fleet data and other information, including, but not limited to, mileage and costs. The data and other information shall be submitted in formats and in a manner determined by the department.

(D) All state agency purchases or leases of motor vehicles are subject to the prior approval of the director under division (A)(1) of this section.

(E) State agencies that utilize state motor vehicles or pay mileage reimbursements to employees shall provide a fleet plan to the department as directed by the department.

(F)(1) The fleets of state agencies that consist of one hundred or less vehicles on July 1, 2004, shall be managed by the department's fleet management program on a time schedule determined by the department, unless the state agency has received delegated authority as described in division (G) of this section.

(2) The fleets of state agencies that consist of greater than one hundred motor vehicles, but less than five hundred motor vehicles, on July 1, 2005, also shall be managed by the department's fleet management program on a time schedule determined by the department, unless the state agency has received delegated authority as described in division (G) of this section.

(G)(1) The department may delegate any or all of its duties regarding fleet management to a state agency, if the state agency demonstrates to the satisfaction of the department both of the following:

(a) Capabilities to institute and manage a fleet management program, including, but not limited to, the presence of a certified fleet manager;

(b) Fleet management performance, as demonstrated by fleet data and other information submitted pursuant to annual reporting requirements and any other criteria the department considers necessary in evaluating the performance.

(2) The department may determine that a state agency is not in compliance with this section and direct that the agency's fleet management duties be transferred to the department.

(H) The proceeds derived from the disposition of any motor vehicles under this section shall be paid to whichever of the following applies:

(1) The fund that originally provided moneys for the purchase or lease of the motor vehicles;

(2) If the motor vehicles were originally purchased with moneys derived from the general revenue fund, the proceeds shall be deposited, in the director's discretion, into the state treasury for to the credit to of either the fleet management fund created by section 125.83 of the Revised Code or the investment recovery fund created by section 125.14 of the Revised Code.

(I)(1) The department shall create and maintain a certified fleet manager program.

(2) State agencies that have received delegated authority as described in division (G) of this section shall have a certified fleet manager.

(J) The department annually shall prepare and submit a statewide fleet report to the governor, the speaker of the house of representatives, and the president of the senate. The report shall be submitted not later than the thirty-first day of January following the end of each fiscal year. It may include, but is not limited to, the numbers and types of motor vehicles, their mileage, miles per gallon, and cost per mile, mileage reimbursements, accident and insurance data, and information regarding compliance by state agencies having delegated authority under division (G) of this section with applicable fleet management requirements.

(K) The director shall adopt rules for implementing the fleet management program that are consistent with recognized best practices. The program shall be supported by reasonable fee charges for the services provided. The director shall collect these fees and deposit them into the state treasury to the credit for the fleet management fund created by section 125.83 of the Revised Code. The setting and collection of fees under this division is not subject to any restriction imposed by law upon the director's or the department's authority to set or collect fees.

(L) The director also shall adopt rules that prohibit, except in very limited circumstances, the exclusive assignment of state-owned, leased, or pooled motor vehicles to state employees and that prohibit the reimbursement under section 126.31 of the Revised Code of state employees who use their own motor vehicles for any mileage they incur above an amount that the department shall determine annually unless reimbursement for the excess mileage is approved by the department in accordance with standards for that approval the director shall establish in those rules. Beginning on the effective date of this section September 26, 2003, no such state-owned, leased, or pooled motor vehicle shall be personally assigned as any form of compensation or benefit of state employment, and no such state-owned, leased, or pooled motor vehicle shall be assigned to an employee solely for commuting to and from home and work.

(M) The director shall do both of the following:

(1) Implement to the greatest extent possible the recommendations from the 2002 report entitled "Administrative Analysis of the Ohio Fleet Management Program" in connection with the authority granted to the department by this section;

(2) Attempt to reduce the number of passenger vehicles used by state agencies during the fiscal years ending on June 30, 2004, and June 30, 2005.

(N) Each state agency shall reimburse the department for all costs incurred in the assignment of motor vehicles to the state agency.

(O) The director shall do all of the following in managing the fleet management program:

(1) Determine how motor vehicles will be maintained, insured, operated, financed, and licensed;

(2) Pursuant to the formula in division (O)(3) of this section, annually establish the minimum number of business miles per year an employee of a state agency must drive in order to qualify for approval by the department to receive a motor vehicle for business use;

(3) Establish the minimum number of business miles per year at an amount that results when the annual motor vehicle cost is divided by the amount that is the reimbursement rate per mile minus the amount that is the sum of the fuel cost, the operating cost, and the insurance cost. As used in this division:

(a) "Annual motor vehicle cost" means the price of a motor vehicle divided by the number of years an average motor vehicle is used.

(b) "Fuel cost" means the average price per gallon of motor fuel divided by the miles per gallon fuel efficiency of a motor vehicle.

(c) "Insurance cost" means the cost of insuring a motor vehicle per year divided by the number of miles an average motor vehicle is driven per year.

(d) "Operating cost" means the maintenance cost of a motor vehicle per year divided by the product resulting when the number of miles an average motor vehicle is driven per year is multiplied by the number of years an average motor vehicle is used.

(e) "Reimbursement rate per mile" means the reimbursement per mile rate for travel expenses as provided by rule of the director of budget and management adopted under division (B) of section 126.31 of the Revised Code.

(P)(1) Not later than the fifteenth day of September of each year, each state institution of higher education shall report to the department on all of the following topics relating to motor vehicles that the institution acquires and manages:

(a) The methods it uses to track the motor vehicles;

(b) Whether or not it uses a fuel card program to purchase fuel for, or to pay for the maintenance of, the motor vehicles;

(c) Whether or not it makes bulk purchases of fuel for the motor vehicles.

(2) Assuming it does not use the fleet management tracking, fuel card program, and bulk fuel purchases tools and services that the department provides, the report of a state institution of higher education required by division (P)(1) of this section also shall include both of the following:

(a) An analysis of the amount the institution would save, if any, if it were to use the fleet management tracking, fuel card program, and bulk fuel purchases tools and services that the department provides instead of the fleet management system the institution regularly uses;

(b) A rationale for either continuing with the fleet management system that the institution regularly uses or changing to the use of those tools and services that the department provides.

(3) The department shall certify within ninety days after receipt of all reports under division (P)(1) of this section a list of those state institutions of higher education that the department determines would save amounts if they were to use the fleet management tracking, fuel card program, and bulk fuel purchases tools and services that the department provides. The institutions so certified then shall use those tools and services that the department provides until the department next certifies institutions under division (P)(3) of this section.

Sec. 126.25.  The accounting and budgeting services provided by the director of budget andmanagement shall be supported by user charges. The directorshall determine a rate that is sufficient to defray the expense of thoseservices and the manner by which those charges shall be collected. All moneycollected from user charges shall be deposited in the state treasury to thecredit of the state accounting and budgeting fund, which is hereby created. Rebates orrevenue shares received from any state payment card program established underdivision(B) of section 126.21 of the Revised Code and miscellaneous payments thatreimburse expenses paid from the state accounting and budgeting fund may be deposited intothe state accounting and budgeting fund and used to support accounting and budgeting services.

Sec. 127.16.  (A) Upon the request of either a stateagencyor the director of budget and management and after thecontrollingboard determines that an emergency or a sufficienteconomic reasonexists, the controlling board may approvethe making of a purchasewithout competitive selection as provided indivision (B) of thissection.

(B) Except as otherwise provided in this section, no stateagency, using money that has been appropriated to it directly,shall:

(1) Make any purchase from a particular supplier, thatwouldamount to fifty thousand dollars or more when combined withboththe amount of all disbursements to the supplier during thefiscalyear for purchases made by the agency and the amount ofalloutstanding encumbrances for purchases made by the agencyfrom thesupplier, unless the purchase is made by competitiveselection orwith the approval of the controlling board;

(2) Lease real estate from a particular supplier, if thelease would amount to seventy-five thousand dollars or more whencombined with both the amount of all disbursements to thesupplierduring the fiscal year for real estate leases made bythe agencyand the amount of all outstanding encumbrances forreal estateleases made by the agency from the supplier, unlessthe lease ismade by competitive selection or with the approvalof thecontrolling board.

(C) Any person who authorizes a purchase in violation ofdivision (B) of this section shall be liable to the state for anystate funds spent on the purchase, and the attorney general shallcollect the amount from the person.

(D) Nothing in division (B) of this section shall beconstrued as:

(1) A limitation upon the authority of the director oftransportation as granted in sections 5501.17, 5517.02, and5525.14 of the Revised Code;

(2) Applying to medicaid provider agreements under Chapter5111. of the Revised Codeor payments or provideragreements under thedisability medical assistance programestablished under Chapter5115. of the Revised Code;

(3) Applying to the purchase of examinations from a solesupplier by a state licensing board under Title XLVII of theRevised Code;

(4) Applying to entertainment contracts for the Ohio statefair entered into by the Ohio expositions commission, providedthat the controlling board has given its approval to thecommission to enter into such contracts and has approved a totalbudget amount for such contracts as agreed upon by commissionaction, and that the commission causes to be kept itemizedrecordsof the amounts of money spent under each contract andannuallyfiles those records with the clerk of thehouse of representativesand the clerk of the senate followingthe close of the fair;

(5) Limiting the authority of the chief of the division ofmineral resources management to contractfor reclamation work withan operatormining adjacent land as provided in section 1513.27 oftheRevised Code;

(6) Applying to investment transactions and procedures ofany state agency, except that the agency shall file with theboardthe name of any person with whom the agency contracts tomake,broker, service, or otherwise manage its investments, aswell asthe commission, rate, or schedule of charges of suchperson withrespect to any investment transactions to beundertaken on behalfof the agency. The filing shall be in aform and at such times asthe board considers appropriate.

(7) Applying to purchases made with money for the per centfor arts program established by section 3379.10 of the RevisedCode;

(8) Applying to purchases made by the rehabilitationservices commission of services, or supplies, that are providedtopersons with disabilities, or to purchases made by thecommissionin connection with the eligibility determinations itmakes forapplicants of programs administered by the socialsecurityadministration;

(9) Applying to payments by the department of job andfamilyservices under section 5111.13 of the Revised Code for grouphealth plan premiums, deductibles, coinsurance, and othercost-sharing expenses;

(10) Applying to any agency of the legislative branch ofthestate government;

(11) Applying to agreements or contracts entered into undersection5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the Revised Code;

(12) Applying to purchases of services by the adult paroleauthority under section 2967.14 of the Revised Code or by thedepartment of youth services under section 5139.08 of the RevisedCode;

(13) Applying to dues or fees paid for membership in anorganization or association;

(14) Applying to purchases of utility services pursuant tosection 9.30 of the Revised Code;

(15) Applying to purchases made in accordance with rulesadopted by the department of administrative services of motorvehicle, aviation, or watercraft fuel, or emergency repairs ofsuch vehicles;

(16) Applying to purchases of tickets for passenger airtransportation;

(17) Applying to purchases necessary to provide publicnotifications required by law or to provide notifications of jobopenings;

(18) Applying to the judicial branch of state government;

(19) Applying to purchases of liquor for resale by thedivision of liquorcontrol;

(20) Applying to purchases of motor courier and freightservices made in accordance with department of administrativeservices rules;

(21) Applying to purchases from the United States postalservice and purchases of stamps and postal meter replenishmentfrom vendors at rates established by the United States postalservice;

(22) Applying to purchases of books, periodicals,pamphlets,newspapers, maintenance subscriptions, and otherpublishedmaterials;

(23) Applying to purchases from other state agencies,including state-assisted institutions of higher education;

(24) Limiting the authority of the director ofenvironmentalprotection to enter into contracts under division(D) of section3745.14 of the Revised Code to conduct compliancereviews, asdefined in division (A) of that section;

(25) Applying to purchases from a qualified nonprofitagencypursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of the RevisedCode;

(26) Applying to payments by the department of job andfamilyservices to the United States department of health andhumanservices for printing and mailing notices pertaining to thetaxrefund offset program of the internal revenue service of theUnited States department of the treasury;

(27) Applying to contracts entered into by the departmentofmental retardation and developmental disabilities undersections5123.18, 5123.182, and 5123.199 of the Revised Code;

(28) Applying to payments made by the department of mentalhealth under aphysician recruitment program authorized by section5119.101 of the RevisedCode;

(29) Applying to contracts entered into with persons bythedirector of commerce for unclaimed funds collection andremittanceefforts as provided in division(F) of section 169.03 of theRevisedCode. The director shall keepan itemized accounting ofunclaimed funds collected by thosepersons and amounts paid tothem for their services.

(30) Applying to purchases made by a state institution ofhighereducationin accordance with the terms of a contractbetween the vendor and aninter-university purchasing groupcomprised of purchasing officers of stateinstitutions of highereducation;

(31) Applying to the department of job and familyservices'purchases of healthassistance services under the children'shealth insurance program partI provided for under section 5101.50of the Revised Code or the children'shealthinsurance programpart II provided for under section 5101.51of the Revised Code;

(32) Applying to payments by the attorney general from thereparations fund to hospitals and other emergency medicalfacilities for performing medical examinations to collect physicalevidence pursuant to section 2907.28 of the Revised Code;

(33) Applying to contracts with a contracting authority oradministrative receiver under division (G)(2)(B) of section 5126.055 5126.056of the Revised Code;

(34) Applying to reimbursements paid to the United States department of veterans affairs for pharmaceutical and patient supply purchases made on behalf of the Ohio veterans' home agency;

(35) Applying to agreements the department of job and family services enters into with terminal distributors of dangerous drugs under section 5110.12 of the Revised Code.

(E) Notwithstanding division (B)(1) of this section, thecumulative purchase threshold shall be seventy-five thousanddollars for the departments of mental retardation anddevelopmental disabilities, mental health, rehabilitation andcorrection, and youth services.

(F) When determining whether a state agency has reachedthecumulative purchase thresholds established in divisions(B)(1),(B)(2), and (E) of this section, all of the followingpurchases bysuch agency shall not be considered:

(1) Purchases made through competitive selection or withcontrolling 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 asin section 125.01 of the Revised Code.

Sec. 131.02. (A) Whenever any amount is payable to the state,the officer, employee, or agent responsible for administering thelaw under which the amount is payable shall immediately proceedtocollect the amount or cause the amount to be collected andshallpay the amount into the state treasury or into the appropriate custodial fund in the manner setforthpursuant to section 113.08 of the Revised Code. If Except as otherwise provided in this division, if theamount isnot paid within forty-five days after payment is due,the officer,employee, or agent shall certify the amount due tothe attorneygeneral, in the form and manner prescribed by theattorneygeneral, and notify the director of budget andmanagement thereof. In the case of an amount payable by a student enrolled in a state institution of higher education, the amount shall be certified within the later of forty-five days after the amount is due or the tenth day after the beginning of the next academic semester, quarter, or other session following the session for which the payment is payable. The attorney general may assess the collection cost to the amount certified in such manner and amount as prescribed by the attorney general.

For the purposes of this section, a payment is due at the time provided in divisions (A)(1) to (9) of this section. If more than one division applies to a payment, the payment is due at the earliest of the applicable times.

(1) If a law, including an administrative rule, of this state prescribes the time a payment is required to be made or reported, when the payment is required by that law to be paid or reported.

(2) If the payment is for services rendered, when the rendering of the services is completed.

(3) If the payment is reimbursement for a loss, when the loss is incurred.

(4) In the case of a fine or penalty for which a law or administrative rule does not prescribe a time for payment, when the fine or penalty is first assessed.

(5) If the payment arises from a legal finding, judgment, or adjudication order, when the finding, judgment, or order is rendered or issued.

(6) If the payment arises from an overpayment of money by the state to another person, when the overpayment is discovered.

(7) The date on which the amount for which an individual is personally liable under section 5735.35, section 5739.33, or division (G) of section 5747.07 of the Revised Code is determined.

(8) Upon proof of claim being filed in a bankruptcy case.

(9) Any other appropriate time determined by the officer, employee, or agent responsible for administering the law under which the amount is payable on the basis of statutory requirements or ordinary business processes of the state agency to which the payment is owed.

(B)(1) The attorney general shall give immediate notice bymailorotherwise to the party indebted of the nature and amountof theindebtedness.

(2) If the amount payable to this state arises from ataxlevied under Chapter 5733., 5739., 5741., or 5747. of theRevisedCode, the notice also shall specify all of the following:

(a) The assessment or case number;

(b) The tax pursuant to which the assessment is made;

(c) The reason for the liability, including, ifapplicable,that a penalty or interest is due;

(d) An explanation of how and when interest will be addedtothe amount assessed;

(e) That the attorney general and tax commissioner,actingtogether, havethe authority, but are not required, tocompromisetheclaim and accept payment over a reasonabletime, if suchactions are in thebest interest of the state.

(C) The attorney general shall collect the claim or secure ajudgment and issue an execution for its collection.

(D) Each claim shall bear interest, from the day on whichtheclaim became due, at the rate per annumrequired by section 5703.47 of the Revised Code.

(E) The attorney general and the chief officer of the agencyreporting a claim, acting together, may do any of thefollowing if such action is in the best interests of the state:

(1) Compromise the claim;

(2) Extend for a reasonable period the time for payment ofthe claim by agreeing to accept monthly or other periodicpayments. The agreement may require security for payment of theclaim.

(3) Add fees to recover the cost of processing checks or other draft instruments returned for insufficient funds and the cost of providing electronic payment options.

(F)(1) Except as provided in division (F)(2) of this section, if the attorney general finds, after investigation, that any claim due and owing to the state is uncollectible, the attorney general, with the consent of the chief officer of the agency reporting the claim, may do the following:

(a) Sell, convey, or otherwise transfer the claim to one or more private entities for collection;

(b) Cancel the claim or cause it to be cancelled.

(2) The attorney general shall cancel or cause to be cancelled an unsatisfied claim on the date that is forty years after the date the claim is certified.

(3) If information contained in a claim that is sold, conveyed, or transferred to a private entity pursuant to this section is confidential pursuant to federal law or a section of the Revised Code that implements a federal law governing confidentiality, such information remains subject to that law during and following the sale, conveyance, or transfer.

Sec. 131.022.  (A) As used in this section:

(1) "Final overdue claim" means a claim that has been certified to the attorney general under section 131.02 of the Revised Code, that has been final for at least one year, and for which no arrangements have been made for the payment thereof or, if such arrangements have been made, the person owing the claim has failed to comply with the terms of the arrangement for more than thirty days.

"Final overdue claim" includes collection costs incurred with respect to such a claim and assessed by the attorney general under division (A) of section 131.02 of the Revised Code, interest accreting to the claim under division (D) of that section, and fees added under division (E)(3) of that section.

(2) "Final" means a claim has been finalized under the law providing for the imposition or determination of the amount due, and any time provided for appeal of the amount, legality, or validity of the claim has expired without an appeal having been filed in the manner provided by law. "Final" includes, but is not limited to, a final determination of the tax commissioner for which the time for appeal has expired without a notice of appeal having been filed.

(B) If a claim is certified to the attorney general under section 131.02 of the Revised Code, at any time after the claim is a final overdue claim, the attorney general may sell or otherwise transfer the claim to any person. If the claim is to be sold, it may be sold by private negotiated sale or at public auction conducted by the attorney general or a designee, as is most likely, in the opinion of the attorney general, to yield the most favorable return on the sale. For the purposes of this division, a public auction includes an auction conducted electronically whereby bids are solicited and received via the internet and the solicitation is open to the public.

(C) The attorney general may consolidate any number of final overdue claims for sale under this section.

(D) Not less than sixty days before first offering a final overdue claim for sale, the attorney general shall provide written notice, by ordinary mail, to the person owing the claim at that person's last known mailing address. The notice shall state the following:

(1) The nature and amount of the claim;

(2) The manner in which the person may contact the office of the attorney general to arrange terms for payment of the claim;

(3) That if the person does not contact the office of the attorney general within sixty days after the date the notice is issued and arrange terms for payment of the claim all of the following apply:

(a) The claim will be offered for sale to a private party for collection by that party by any legal means;

(b) The person is deemed to be denied any right to seek and obtain a refund of any amount from which the claim arises if the applicable law otherwise allows for such a refund;

(c) The person is deemed to waive any right the person may have to confidentiality of information regarding the claim to the extent confidentiality is provided under any other section of the Revised Code.

(E) Upon the sale or transfer of a final overdue claim under this section, the claim becomes the property of the purchaser or transferee, and may be sold or otherwise transferred by that person to any other person or otherwise disposed of. The owner of the claim is entitled to all proceeds from the collection of the claim. Purchasers or transferees of a final overdue claim are subject to any applicable laws governing collection of debts of the kind represented by the claim.

(F) Upon the sale or transfer of a final overdue claim under this section, no refund shall be issued or paid to the person owing the claim for any part of the amount from which the claim arises.

(G) Notwithstanding any other section of the Revised Code, the attorney general, solely for the purpose of effecting the sale or transfer of a final overdue claim under this section, may disclose information about the person owing the claim that otherwise would be confidential under a section of the Revised Code, and the person shall have no right of action against such disclosure to the extent such a right is available under that section.

(H) The authority granted under this section is supplemental to the authority granted under section 131.02 of the Revised Code.

Sec. 131.23.  The various political subdivisions of thisstate may issue bonds, and any indebtedness created by suchissuance shall not be subject to the limitations or included inthe calculation of indebtedness prescribed by sections 133.05,133.06, 133.07, and 133.09 of the Revised Code, but such bondsmay be issued only under the following conditions:

(A) The subdivision desiring to issue such bonds shallobtain from the county auditor a certificate showing the totalamount of delinquent taxes due and unpayable to such subdivisionat the last semiannual tax settlement.

(B) The fiscal officer of that subdivision shall prepare astatement, from the books of the subdivision, verified by thefiscal officerunder oath, which shall contain the following facts of suchsubdivision:

(1) The total bonded indebtedness;

(2) The aggregate amount of notes payable or outstandingaccounts of the subdivision, incurred prior to the commencementof the current fiscal year, which shall include all evidences ofindebtedness issued by the subdivision except notes issued inanticipation of bond issues and the indebtedness of anynontax-supported public utility;

(3) Except in the case of school districts, the aggregatecurrent year's requirement for disabilityfinancial assistance and disability medical assistance provided under Chapter 5115. of the RevisedCode that the subdivision is unable to finance except by theissue of bonds;

(4) The indebtedness outstanding through the issuance ofany bonds or notes pledged or obligated to be paid by anydelinquent taxes;

(5) The total of any other indebtedness;

(6) The net amount of delinquent taxes unpledged to payany bonds, notes, or certificates, including delinquentassessments on improvements on which the bonds have been paid;

(7) The budget requirements for the fiscal year for bondand note retirement;

(8) The estimated revenue for the fiscal year.

(C) The certificate and statement provided for indivisions (A) and (B) of this section shall be forwarded to thetax commissioner together with a request for authority to issuebonds of such subdivision in an amount not to exceed seventy percent of the net unobligated delinquent taxes and assessments dueand owing to such subdivision, as set forth in division (B)(6) ofthis section.

(D) No subdivision may issue bonds under this section inexcess of a sufficient amount to pay the indebtedness of thesubdivision as shown by division (B)(2) of this section and,except in the case of school districts, to provide funds fordisability financial assistance and disability medical assistance, as shown bydivision (B)(3) of this section.

(E) The tax commissioner shall grant to such subdivisionauthority requested by such subdivision as restricted bydivisions (C) and (D) of this section and shall make a record ofthe certificate, statement, and grant in a record book devotedsolely to such recording and which shall be open to inspection bythe public.

(F) The commissioner shall immediately upon issuing theauthority provided in division (E) of this section notify theproper authority having charge of the retirement of bonds of suchsubdivision by forwarding a copy of such grant of authority andof the statement provided for in division (B) of this section.

(G) Upon receipt of authority, the subdivision shallproceed according to law to issue the amount of bonds authorizedby the commissioner, and authorized by the taxing authority,provided the taxing authority of that subdivision may byresolution submit to the electors of that subdivision thequestion of issuing such bonds. Such resolution shall make thedeclarations and statements required by section 133.18 of theRevised Code. The county auditor and taxing authority shallthereupon proceed as set forth in divisions (C) and (D) of suchsection. The election on the question of issuing such bondsshall be held under divisions (E), (F), and (G) of such section,except that publication of the notice of such election shall bemade on four separate days prior to such election in one or morenewspapers of general circulation in the subdivisions. Suchbonds may be exchanged at their face value with creditors of thesubdivision in liquidating the indebtedness described andenumerated in division (B)(2) of this section or may be sold asprovided in Chapter 133. of the Revised Code, and in either eventshall be uncontestable.

(H) The per cent of delinquent taxes and assessmentscollected for and to the credit of the subdivision after theexchange or sale of bonds as certified by the commissioner shallbe paid to the authority having charge of the sinking fund of thesubdivision, which money shall be placed in a separate fund forthe purpose of retiring the bonds so issued. The properauthority of the subdivisions shall provide for the levying of atax sufficient in amount to pay the debt charges on all suchbonds issued under this section.

(I) This section is for the sole purpose of assisting thevarious subdivisions in paying their unsecured indebtedness, andproviding funds for disability financial assistance and disability medical assistance. The bonds issued under authorityof this section shall not beused for any other purpose and any exchange for other purposes,or the use of the money derived from the sale of such bonds bythe subdivision for any other purpose, is misapplication offunds.

(J) The bonds authorized by this section shall beredeemable or payable in not to exceed ten years from date ofissue and shall not be subject to or considered in calculatingthe net indebtedness of the subdivision. The budget commissionof the county in which the subdivision is located shall annuallyallocate such portion of the then delinquent levy due suchsubdivision which is unpledged for other purposes to the paymentof debt charges on the bonds issued under authority of thissection.

(K) The issue of bonds under this section shall begoverned by Chapter 133. of the Revised Code, respecting theterms used, forms, manner of sale, and redemption except asotherwise provided in this section.

The board of county commissioners of any county may issuebonds authorized by this section and distribute the proceeds ofsuch bond issues to any or all of the cities and townships ofsuch counties, according to their relative needs for disabilityfinancial assistance and disability medical assistance as determined by such county.

All sections of the Revised Code inconsistent with orprohibiting the exercise of the authority conferred by thissection are inoperative respecting bonds issued under thissection.

Sec. 133.08.  (A) In addition to any power to issuesecurities under other provisions of the Revised Code for thepurposes, a county may issue revenue securities as authorized inthis section.

(B) A county may issue revenue securities to fund orrefund revenue securities previously issued, or for any purposesfor which it could issue self-supporting securities and, withoutlimitation, any of the following general purposes:

(1) For one or more established sewer districts, any ofthe purposes provided in divisions (C)(2)(a) and (b) of section133.07 of the Revised Code;

(2) Hospital facilities as defined in division (E) ofsection 140.01 of the Revised Code;

(3) Facilities described in division (C)(10) of section133.07 of the Revised Code;

(4) Off-street parking facilities pursuant to section307.02 of the Revised Code.

(C) The county shall establish rates or charges for theuse, availability, or rental of the facilities to which thefinancing relates, being the improvement, enterprise, system,project, or categories of improvements or the operation orfunction that the facilities serve, which rates or charges shallbe designed to provide revenues to the county sufficient to paythe costs of all current expenses of the facilities payable bythe county and to pay the debt charges on the securities and toestablish and maintain any contractually required special fundsrelating to the securities or the facilities.

(D) Revenue securities issued under this section shall notbe general obligations of the county. Revenue securities issuedunder this section shall be secured only by a pledge of and lienupon the revenues of the county, derived from its ownership oroperation of the facilities, including those rates or charges orrents and any interest subsidies or debt charges, grants, orother payments by federal or state agencies available therefor,and the covenants of the county to maintain sufficient rentals,rates, and charges to produce revenues sufficient to pay allcurrent expenses of the facilities payable by the county and topay the debt charges on the securities and to establish andmaintain any contractually required special funds relating to thesecurities or the facilities, and, if the securities areanticipatory securities, to issue the revenue securities inanticipation of the issuance of which the revenue securities areissued. Revenue securities may also be secured by a pledge ofand lien on the proceeds of any securities issued to fund orrefund those revenue securities.

(E) The county officers authorized by the county taxingauthority shall execute the necessary documents, including butnot limited to trust agreements and leases, to provide for thepledge, protection, and disposition of the pledged revenues fromwhich debt charges and any special fund deposits are to be paid.

(F) As long as any of these revenue securities, in eitheroriginal or refunded form, remain outstanding, except asotherwise provided in those documents, all parts of thefacilities the revenues from which are pledged, shall remainunder the control of the county taxing authority, whether anyparts of the facilities are leased to or operated by others orare in or thereafter come within the boundaries of any municipalcorporation, and the facilities shall remain subject to the powerand duty of the taxing authority to fix and collect rates orcharges or rents for the use of facilities.

(G) The authority to issue securities of the county underthis section for permanent improvements described in division(B)(2) of this section or division (C)(2)(d) of section 133.07 ofthe Revised Code may separately and independently be exercised bya board of county hospital trustees established under section339.02 of the Revised Code for those permanent improvements andrelated operations under the control of that board.

(H) Sections 9.98 to 9.983 of the Revised Code apply to securities issued under this section, notwithstanding any other provision in this chapter.

Sec. 133.081.  (A) As used in this section:

(1) "Anticipation notes" means notes issued inanticipation of the sales tax supported bonds authorized by thissection;

(2) "Authorizing proceedings" means theresolution, legislation, trust agreement, certification, andother agreements, instruments, and documents, as amended andsupplemented, authorizing, or providing for the security or saleor award of, sales tax supported bonds, and includes theprovisions set forth or incorporated in those bonds andproceedings;

(3) "County sales tax" means any sales tax levied by thetaxing authority of a county pursuant to section 5739.021 or5739.026 of the RevisedCode, and any tax levied bythat taxing authority upon storage, use, or consumption undersection 5741.021 or 5741.023 of theRevisedCode. However, "county salestax" does not include a sales tax subject to referendum or asales tax that was adopted as an emergency measure and issubject to initiative petition under section 5739.022 of theRevisedCode.

(4) "Sales tax supported bonds" means the salestax supported bonds authorized by this section, includinganticipation notes;

(5) "Refunding bonds" means sales tax supportedbonds issued to provide for the refunding of the sales taxsupported bonds referred to in this section as refundedobligations.

(B) The taxingauthority of a county which has levied a county sales tax forthe purpose of providing additional general revenues of thecounty pursuant to Chapter5739. of the RevisedCode may anticipate thereceipts of such tax and issue sales tax supported bonds of thecounty in the principal amount necessary to pay the costs offinancing any permanent improvement as defined in division(CC) of section 133.01 of theRevisedCode, or to refund any refundedobligations, provided that the taxing authority certifies thatthe annual debt charges on the sales tax supported bonds, or onthe sales tax supported bonds being anticipated by anticipationnotes, do not exceed the estimated annual county sales tax. Themaximum aggregate amount of sales tax supported bonds that maybe outstanding at any time in accordance with their terms shallnot exceed an amount which requires or is estimated to requirepayments from sales tax receipts of debt charges on the salestax supported bonds, or, in the case of anticipation notes,projected debt charges on the sales tax supported bondsanticipated, in any calendar year in an amount exceeding thecounty sales tax in anticipation of which the bonds oranticipation notes are issued as estimated by the fiscal officerbased on general sales tax receipts averaged for the prior twocalendar years prior to the year in which the sales taxsupported bonds are issued, and annualized for any increase inthe county sales tax which may have been levied in part duringsuch period or levied after such period. A taxing authority mayat any time issue renewal anticipation notes, issue sales taxsupported bonds to pay renewal anticipation notes, and, if itconsiders refunding expedient, issue refunding sales taxsupported bonds whether the refunded obligations have or havenot matured. The refunding sales tax supported bonds shall besold and the proceeds needed for such purpose applied in themanner provided in the authorizing proceedings of the taxingauthority. The maximum maturity of sales tax supported bondsshall be calculated by the fiscal officer in accordance withsection 133.20 of the RevisedCode, and such calculationshall be filed with the taxing authority of the county prior topassage of a bond authorizing resolution. If the county salestax pledged to the payment of the sales tax supported bonds hasa stated expiration date, the final principal maturity date ofthe sales tax supported bonds shall not extend beyond the finalyear of collection of the county sales tax pledged to thepayment of the sales tax supported bonds.

(C) Everyissue of sales tax supported bonds outstanding in accordancewith their terms shall be payable out of the sales tax receiptsreceived by the county or proceeds of sales tax supported bonds,renewal anticipation notes, or refunding sales tax supportedbonds which may be pledged for such payment in the authorizingproceedings. The pledge shall be valid and binding from thetime the pledge is made, and the county sales tax receipts andproceeds so pledged and thereafter received by the county shallimmediately be subject to the lien of that pledge without anyphysical delivery of the county sales tax receipts or proceedsor further act. The lien of any pledge is valid and binding asagainst all parties having claims of any kind in tort, contract,or otherwise against the county, whether or not such partieshave notice of the lien. Neither the resolution nor any trustagreement by which a pledge is created or further evidenced needbe filed or recorded except in the records of the taxingauthority.

(D) Sales taxsupported bonds issued under this section do not constitute adebt, or a pledge of the faith and credit, of the state, thecounty, or any other political subdivision of the state, and theholders or owners of the notes have no right to have taxeslevied by the general assembly or by the taxing authority of anypolitical subdivision of the state, including the taxingauthority of the county, for the payment of debt charges. Unless paid from other sources, sales tax supported bonds arepayable from the sales tax receipts pledged for their payment asauthorized by this section. All sales tax supported bonds shallcontain on their face a statement to the effect that the salestax supported bonds, as to debt charges, are not debts orobligations of the state and are not debts of any politicalsubdivision of the state, but, unless paid from other sources,are payable from the sales tax receipts pledged for theirpayment. The utilization and pledge of the sales tax receiptsand proceeds of sales tax supported bonds, renewal anticipationnotes, or refunding sales tax supported bonds for the payment ofdebt charges is determined by the general assembly to create aspecial obligation which is not a bonded indebtedness subject toSection 11 ofArticleXII,OhioConstitution.

(E) The salestax supported bonds shall bear such date or dates, shall beexecuted in the manner, and shall mature at such time or times,in the case of any anticipation notes not exceeding ten yearsfrom the date of issue of the original anticipation notes and inthe case of any sales tax supported bonds or of any refundingsales tax supported bonds, not exceeding the maximum maturitycertified to the taxing authority pursuant to division(B) of this section, all as theauthorizing proceedings may provide. The sales tax supportedbonds shall bear interest at such rates, or at variable rate orrates changing from time to time, in accordance with provisionsin the authorizing proceedings, be in suchdenominations and form, either coupon or registered, carry suchregistration privileges, be payable in such medium of paymentand at such place or places, and be subject to such terms ofredemption, as the taxing authority may authorize or provide. The sales tax supported bonds may be sold at public or privatesale, and at, or at not less than, the price or prices as thetaxing authority determines. If any officer whose signature ora facsimile of whose signature appears on any sales taxsupported bonds or coupons ceases to be such officer beforedelivery of the sales tax supported bonds or anticipation notes,the signature or facsimile shall nevertheless be sufficient forall purposes as if that officer had remained in office untildelivery of the sales tax supported bonds. Whether or not thesales tax supported bonds are of such form and character as tobe negotiable instruments underTitleXIII of theRevisedCode, the sales tax supportedbonds shall have all the qualities and incidents of negotiableinstruments, subject only to any provisions for registration. Neither the members of the board of the taxing authority nor anyperson executing the sales tax supported bonds shall be liablepersonally on the sales tax supported bonds or be subject to anypersonal liability or accountability by reason of theirissuance.

(F) Notwithstandingany other provision of this section, sections 9.98 to 9.983, 133.02, 133.70, and 5709.76, and division(A) of section 133.03 of theRevisedCode apply to the sales taxsupported bonds. Sales tax supported bonds issued under thissection need not comply with any other law applicable to notesor bonds but the authorizing proceedings may provide thatdivisions (B) to(E) of section 133.25 of theRevisedCode apply to the sales taxsupported bonds or anticipation notes.

(G) Any authorized proceedings may contain provisions, subject to anyagreements with holders as may then exist, which shall be a partof the contract with the holders, as to the pledging of any orall of the county's anticipated sales tax receipts to secure thepayment of the sales tax supported bonds; the use anddisposition of the sales tax receipts of the county; thecrediting of the proceeds of the sale of sales tax supportedbonds to and among the funds referred to or provided for in theauthorizing proceedings; limitations on the purpose to which theproceeds of the sales tax supported bonds may be applied and thepledging of portions of such proceeds to secure the payment ofthe sales tax supported bonds or of anticipation notes; theagreement of the county to do all things necessary for theauthorization, issuance, and sale of those notes anticipated insuch amounts as may be necessary for the timely payment of debtcharges on any anticipation notes; limitations on the issuanceof additional sales tax supported bonds; the terms upon whichadditional sales tax supported bonds may be issued and secured;the refunding of refunded obligations; the procedure by whichthe terms of any contract with holders may be amended, and themanner in which any required consent to amend may be given;securing any sales tax supported bonds by a trust agreement orother agreement; and any other matters, of like or differentcharacter, that in any way affect the security or protection ofthe sales tax supported bonds or anticipation notes.

(H) The taxingauthority of a county may not repeal, rescind, or reduce anyportion of a county sales tax pledged to the payment of debtcharges on sales tax supported bonds issued by the county whilesuch sales tax supported bonds remain outstanding, and noportion of a county sales tax pledged to the payment of debtcharges on sales tax supported bonds shall be subject to repealor reduction by the electorate of the county or by the taxingauthority of the county while such sales tax supported bonds areoutstanding.

Sec. 133.09.  (A) Unless it is a township that hasadopted a limited home rule government under Chapter 504. of theRevised Code, a township shall not incur netindebtedness that exceeds anamount equal to five per cent of its tax valuation and, except asspecifically authorized by section 505.262 of the Revised Code or other laws,shall not incur any net indebtedness unless authorized by vote of theelectors.

(B) A township thathas adopted a limited home rule government underChapter 504. of the Revised Code shall not incur netindebtedness that exceeds an amount equal to ten and one-halfper cent of its tax valuation, or incur without a vote of theelectors net indebtedness that exceeds an amount equal to fiveand one-half per cent of that tax valuation. In calculating thenet indebtedness of a township that has adopted a limited homerule government, none of the following securities shall beconsidered:

(1) Self-supporting securities issued for anypurpose;

(2) Securities issued for the purpose of purchasing,constructing, improving, or extending water or sanitary orsurface and storm water sewerage systems or facilities, or acombination of those systems or facilities, to the extent thatan agreement entered into with another subdivision requires theother subdivision to pay to the township amounts equivalent todebt charges on the securities;

(3) Securities that are not general obligations of thetownship;

(4) Voted securities issued for the purposes ofredevelopment to the extent that their principal amount does notexceed an amount equal to two per cent of the tax valuation ofthe township;

(5) Securities issued for the purpose of acquiring orconstructing roads, highways, bridges, or viaducts, or for thepurpose of acquiring or making other highway permanentimprovements, to the extent that the resolution of the board of townshiptrustees authorizing the issuance of the securities includes a covenantto appropriate from money distributed to the township underChapter 4501., 4503.,4504., or 5735. of the Revised Code a sufficient amount tocover debt charges on and financing costs relating to thesecurities as they become due;

(6) Securities issued for energy conservation measuresunder section 505.264 of the Revised Code.

(C) In calculating the net indebtedness of anytownship, no obligation incurredunder division (B) of section 513.17 or under section 505.261, 505.264,505.265, 505.267, or 505.37 of the Revised Code, or in connection with a project undertaken pursuant to Section 515.03 of H.B. 66 of the 126th General Assembly,shall be considered.

Sec. 140.01.  As used in this chapter:

(A)"Hospital agency" means any public hospital agency oranynonprofit hospital agency.

(B)"Public hospital agency" means any county, board ofcounty hospital trustees established pursuant to section 339.02ofthe Revised Code, county hospital commission establishedpursuantto section 339.14 of the Revised Code, municipalcorporation,newcommunity authority organized under Chapter 349. of the RevisedCode, joint township hospital district, state or municipaluniversity orcollege operating or authorized to operate ahospital facility, or the state.

(C)"Nonprofit hospital agency" means a corporation orassociation not for profit, no part of the net earnings of whichinures or may lawfully inure to the benefit of any privateshareholder or individual, that has authority to own or operate ahospital facility or provides or is to provide services to one ormore other hospital agencies.

(D)"Governing body" means, in the case of a county, theboard of county commissioners or other legislative body; in thecase of a board of county hospital trustees, the board; in thecase of a county hospital commission, the commission; in the caseof a municipal corporation, the council or other legislativeauthority;in the case of a new community authority, its board oftrustees; in the case of a joint township hospital district, thejoint township district hospital board; in the case of a state ormunicipal university or college, its board of trustees or boardofdirectors; in the case of a nonprofit hospital agency, theboardof trustees or other body having general managementof theagency; and,in the case of the state, the director ofdevelopmentor the Ohiohigher educational facility commission.

(E)"Hospital facilities" means buildings, structures andother improvements, additions thereto and extensions thereof,furnishings, equipment, and real estate and interests in realestate, used or to be used for or in connection with one or morehospitals, emergency, intensive, intermediate, extended,long-term, or self-care facilities, diagnostic and treatment andout-patient facilities, facilities related to programs for homehealth services, clinics, laboratories, public health centers,research facilities, and rehabilitation facilities, for orpertaining to diagnosis, treatment, care, or rehabilitation ofsick, ill, injured, infirm, impaired, disabled, or handicappedpersons, or the prevention, detection, and control of disease,andalso includes education, training, and food servicefacilities forhealth professions personnel, housing facilitiesfor suchpersonnel and their families, and parking and servicefacilitiesin connection with any of the foregoing; and includesany one,part of, or any combination of the foregoing; andfurther includessite improvements, utilities, machinery,facilities, furnishings,and any separate or connected buildings,structures, improvements,sites, utilities, facilities, orequipment to be used in, or inconnection with the operation ormaintenance of, or supplementingor otherwise related to theservices or facilities to be providedby, any one or more of suchhospital facilities.

(F)"Costs of hospital facilities" means the costs ofacquiring hospital facilities or interests in hospital facilities, including membership interests in nonprofit hospital agencies, costs of constructing hospital facilities, costs of improving one or more hospital facilities, including reconstructing,rehabilitating, remodeling, renovating, and enlarging, costs ofequipping and furnishing such facilities, and all financing costspertaining thereto, including, without limitation thereto, costsof engineering, architectural, and other professional services,designs, plans, specifications and surveys, and estimates ofcost,costs of tests and inspections, the costs of any indemnityorsurety bonds and premiums on insurance, all related direct orallocable administrative expenses pertaining thereto, fees andexpenses of trustees, depositories, and paying agents for theobligations, cost of issuance of the obligations and financingcharges and fees and expenses of financial advisors, attorneys,accountants, consultants and rating services in connectiontherewith, capitalized interest on the obligations, amountsnecessary to establish reserves as required by the bondproceedings, the reimbursement of all moneys advanced or appliedby the hospital agency or others or borrowed from others for thepayment of any item or items of costs of such facilities, and allother expenses necessary or incident to planning or determiningfeasibility or practicability with respect to such facilities,andsuch other expenses as may be necessary or incident to theacquisition, construction, reconstruction, rehabilitation,remodeling, renovation, enlargement, improvement, equipment, andfurnishing of such facilities, the financing thereof, and theplacing of the same in use and operation, including any one, partof, or combination of such classes of costs and expenses, and means the costs of refinancing obligations issued by, or reimbursement of money advanced by, nonprofit hospital agencies or others the proceeds of which were used for the payment of costs of hospital facilities, if the governing body of the public hospital agency determines that the refinancing or reimbursement advances the purposes of this chapter, whether or not the refinancing or reimbursement is in conjunction with the acquisition or construction of additional hospital facilities.

(G)"Hospital receipts" means all moneys received by or onbehalf of a hospital agency from or in connection with theownership, operation, acquisition, construction, improvement,equipping, or financing of any hospital facilities, including,without limitation thereto, any rentals and other moneys receivedfrom the lease, sale, or other disposition of hospitalfacilities,and any gifts, grants, interest subsidies, or othermoneysreceived under any federal program for assistance infinancing thecosts of hospital facilities, and any other gifts,grants, anddonations, and receipts therefrom, available forfinancing thecosts of hospital facilities.

(H)"Obligations" means bonds, notes, or other evidencesofindebtedness or obligation, including interest couponspertainingthereto, issued or issuable by a public hospitalagency to paycosts of hospital facilities.

(I)"Bond service charges" means principal, interest, andcall premium, if any, required to be paid on obligations.

(J)"Bond proceedings" means one or more ordinances,resolutions, trust agreements, indentures, and other agreementsordocuments, and amendments and supplements to the foregoing, oranycombination thereof, authorizing or providing for the terms, including any variable interest rates, and conditions applicableto, or providing for the security of, obligations and theprovisions contained in such obligations.

(K)"Nursing home" has the same meaning as in division(A)(1)of section 5701.13 of the Revised Code.

(L)"Residential care facility" has the same meaning as indivision (A)(2)of section 5701.13 of the Revised Code.

(M)"Adult care facility" has the same meaning as indivision(A)(3) of section 5701.13 of the Revised Code.

(N)"Independent living facility" means any self-carefacility or other housing facility designed or used as aresidencefor elderly persons. An"independent living facility"does notinclude a residential facility, or that part of aresidentialfacility, that is any of the following:

(1) A hospital required to be certified by section 3727.02of the Revised Code;

(2) A nursing home or residential care facility;

(3) An adult care facility;

(4) A hospice licensed under section 3712.04 of theRevisedCode;

(5) A habilitation center as defined in section 5123.041ofthe Revised Code;

(6) A residential facility for the mentally ill licensedbythe department of mental health under section 5119.22 of theRevised Code;

(7)(6) A facility licensed to provide methadone treatmentundersection 3793.11 of the Revised Code;

(8)(7) A facility certified as an alcohol and drug addictionprogram undersection 3793.06 of the Revised Code;

(9)(8) A residential facility licensed under section 5123.19ofthe Revised Code or a facility providing services under acontractwith the department of mental retardation anddevelopmentaldisabilities under section 5123.18 of the RevisedCode;

(10)(9) A residential facility used as part of a hospital toprovide housing for staff of the hospital or students pursuing acourse of study at the hospital.

Sec. 141.011.  Beginning in calendar year 2001, the annualsalaries of the elective officers of the state shall be asfollowsrather than as prescribed by divisions (A) to (F) of section141.01 of the Revised Code:

(A)(1) In calendar year 2001 the annual salary of thegovernor shall be one hundred twenty-six thousand four hundredninety-seven dollars.

(2) In calendar years 2002 through 2006 the annual salaryof the governorshall be one hundred thirtythousand two hundredninety-two dollars.

(3) In calendar year 2007 the annual salary of the governorshallbethe annual salary in 2006 increased by each of thefollowing percentagesin succession:

(a) The lesser of three per cent or the percentageincrease,ifany, in the consumer price index from October 1, 2001, toSeptember 30, 2002, rounded to thenearest one-tenth of one percent;

(b) The lesser of three per cent or the percentageincrease,ifany, in the consumer price index from October 1, 2002, toSeptember 30, 2003, rounded to thenearest one-tenth of one percent;

(c) The lesser of three per cent or the percentage increase,ifany, in the consumer price index from October 1, 2003, toSeptember 30, 2004, rounded to thenearest one-tenth of one percent;

(d) The lesser of three per cent or the percentage increase,ifany, in the consumer price index from October 1, 2004, toSeptember 30, 2005, rounded to thenearest one-tenth of one percent;

(e) The lesser of three per cent or the percentage increase,ifany, in the consumer price index from October 1, 2005, toSeptember 30, 2006, rounded to thenearest one-tenth of one percent.

(4) In calendar year 2008 and thereafter, the annual salaryofthe governor shall be the annual salary in 2007 increased bythe lesserof the following:

(a) Three per cent;

(b) The percentage increase, if any, in the consumer priceindexfrom October 1, 2006, to September 30, 2007, rounded to thenearest one-tenth of one per cent.

(B)(1) In calendar year 2001 the annual salary of thelieutenantgovernorshall be sixty-six thousand threehundred sixdollars.

(2) In calendar years 2002 through 2006 the annual salaryof thelieutenant governor shall be sixty-eight thousand twohundred ninety-five dollars.

(3) In calendaryear 2007 the annual salary of the lieutenantgovernorshall be the annual salary in 2006 increased by each ofthe followingpercentages in succession:

(a) The lesser of three per cent or the percentage increase,ifany, in the consumer price index from October 1, 2001, toSeptember 30, 2002, rounded to thenearest one-tenth of one percent;

(b) The lesser of three per cent or the percentageincrease,ifany, in the consumer price index from October 1, 2002, toSeptember 30, 2003, rounded to thenearest one-tenth of one percent;

(c) The lesser of three per cent or the percentageincrease,ifany, in the consumer price index from October 1, 2003, toSeptember 30, 2004, rounded to thenearest one-tenth of one percent;

(d) The lesser of three per cent or the percentageincrease, ifany, in the consumer price index from October 1,2004, toSeptember 30, 2005, rounded to thenearest one-tenth ofone per cent;

(e) The lesser of three per cent or the percentage increase,ifany, in the consumer price index from October 1, 2005, toSeptember 30, 2006, rounded to thenearest one-tenth of one percent.

(4) In calendar year 2008 and thereafter, the annual salaryofthe lieutenant governor shall be the annual salary in 2007increased by the lesser of the following:

(a) Three per cent;

(b) The percentage increase, if any, in the consumer priceindexfrom October 1, 2006 to September 30, 2007, rounded to thenearest one-tenth of one per cent.

If the governor appoints the lieutenant governor as anadministrativedepartment head or as the director of the office ofcriminal justiceservices under section 108.05 of the RevisedCode, the lieutenant governormay acceptthe salary for thatoffice while serving as its head in lieu of the salary fortheoffice of lieutenant governor.

(C)(1) In calendar year 2001 the annual salary of thesecretary ofstate,auditor of state, treasurer of state, andattorney general shall be ninety-three thousand four hundredforty-sevendollars.

(2) In calendar year 2002 theannualsalary of thesecretary of state, auditor of state, treasurer of state, andattorney generalshall be ninety-six thousand twohundred fiftydollars.

(3) In each calendar year from 2003 through 2008, the annualsalary of the secretary of state, auditor of state, treasurer ofstate, and attorney general shall be increased bythe lesser ofthe following:

(a) Three per cent;

(b) The percentage increase, if any, in the consumer priceindexover the twelve-month period that ends on the thirtieth dayofSeptember of the immediately preceding year, rounded to thenearest one-tenth of one per cent.

(D) Upon the death of an elected executive officer of thestate listed in divisions (A) to (F) of section 141.01 of theRevised Code during that person's term of office, an amount shallbe paid in accordance with section 2113.04 of the Revised Code, orto thatperson's estate. The amount shall equal the amount of thesalary that theofficer would have received during the remainderof the officer's unexpiredterm or an amount equal to the salaryof that person's office for two years,whichever is less.

(E) As used in this section, "consumer price index" has thesamemeaning as in section 101.27 of the Revised Code.

Sec. 141.04.  (A) The annual salaries of the chief justiceof the supreme court and of the justices and judges named in thissection payable from the state treasury are as follows, rounded tothe nearest fifty dollars:

(1) For the chief justice of the supreme court, thefollowing amounts effective in the following years:

(a) Beginning January 1, 2000, one hundred twenty-fourthousand nine hundred dollars;

(b) Beginning January 1, 2001, one hundred twenty-eightthousand six hundred fifty dollars;

(c) After 2001, the amount determinedunder division (E)(1) of this section.

(2) For the justices of the supreme court, the followingamounts effective in the following years:

(a) Beginning January 1, 2000, one hundred seventeenthousand two hundred fifty dollars;

(b) Beginning January 1, 2001, one hundred twentythousand seven hundred fifty dollars;

(c) After 2001, the amountdeterminedunder division (E)(1) of this section.

(3) For the judges of the courts of appeals, thefollowingamounts effective in the following years:

(a) Beginning January 1, 2000, one hundred ninethousand two hundred fifty dollars;

(b) Beginning January 1, 2001, one hundred twelvethousand five hundred fifty dollars;

(c) After 2001, the amount determinedunder division (E)(1) of this section.

(4) For the judges of the courts of common pleas, the following amountseffective in the following years:

(a) Beginning January 1, 2000, one hundred thousand fivehundred dollars, reduced by an amount equal to the annual compensation paid tothat judge from the county treasury pursuant to section 141.05 of theRevised Code;

(b) Beginning January 1, 2001, one hundredthree thousand five hundred dollars, reduced by an amount equal to the annualcompensation paid to that judge from the county treasurypursuant to section 141.05 of the Revised Code;

(c) After 2001, the aggregate annual salary amountdeterminedunder division (E)(2) of this section reduced by an amount equalto the annual compensation paid to that judge from the county treasurypursuant to section 141.05of the Revised Code.

(5) For the full-time judges of a municipal court or thepart-time judges of a municipal court of a territory having apopulation of more than fifty thousand, the following amountseffective in the following years, which amounts shall be inaddition to all amounts received pursuant to divisions (B)(1)(a)and (2) of section 1901.11 of the Revised Code frommunicipal corporations and counties:

(a) Beginning January 1, 2000, thirty-two thousand six hundredfifty dollars;

(b) Beginning January 1, 2001, thirty-five thousand fivehundred dollars;

(c) After 2001, the amount determinedunder division (E)(3) of this section.

(6) For judges of a municipal court designated as part-time judges bysection 1901.08 of the Revised Code, other than part-time judges to whomdivision(A)(5) of this section applies, and for judges of a county court, thefollowing amounts effective in the following years, which amounts shall be inaddition to any amounts received pursuant to division(A) of section 1901.11 of the Revised Code from municipal corporations andcountiesor pursuant to division (A) of section 1907.16 of the Revised Codefrom counties:

(a) Beginning January 1, 2000, eighteen thousand eighthundred dollars;

(b) Beginning January 1, 2001, twenty thousand fourhundred fifty dollars;

(c) After 2001, the amount determinedunder division (E)(4) of this section.

(B) Except as provided in section 1901.121 of the RevisedCode, except as otherwise provided in this division, andexcept for the compensation to which the judgesdescribed in division (A)(5) of this section are entitledpursuant to divisions (B)(1)(a) and (2) ofsection 1901.11of the Revised Code, the annual salary of the chief justice of the supremecourt and of each justice or judge listed indivision (A) of this section shall be paid in equal monthlyinstallments from the state treasury. If the chief justice of thesupreme courtor any justice or judge listed in division (A)(2),(3), or (4) of thissection delivers a written request to be paid biweekly to the administrativedirector of the supreme court prior to the first day of Januaryof any year, the annual salary of the chief justice or thejustice or judge that is listed indivision (A)(2), (3), or (4) of this section shallbe paid, during the yearimmediately following the year in which the request is deliveredto the administrative director of the supreme court, biweekly from thestate treasury.

(C) Upon the death of the chief justice or a justice ofthe supreme court during that person's term of office, an amount shall be paidin accordance with section 2113.04 of the Revised Code, or to that person'sestate. The amount shall equal the amount of the salary that the chiefjustice or justice would have received during theremainder of the unexpired term or an amount equal to the salary ofoffice for two years, whichever is less.

(D) Neither the chief justice of the supreme court nor any justice orjudge of the supreme court, the court of appeals, the court ofcommon pleas, or the probate court shall hold any other office oftrust or profit under the authority of this state or the UnitedStates.

(E)(1) Each calendar year from 2002through2008, the annual salaries of the chief justice of the supreme court and of thejustices and judges named in divisions (A)(2) and (3) of this sectionshall be increased by an amount equal to the adjustment percentage for thatyear multiplied by the compensation paid the preceding year pursuant todivision (A)(1), (2), or (3) of this section.

(2) Each calendar year from 2002 through 2008, the aggregateannual salary payable under division (A)(4) of this section to thejudges named in that division shall be increased by an amountequal to the adjustment percentage for that year multiplied by theaggregate compensation paid the preceding year pursuant todivision (A)(4) of this section and section 141.05 of theRevised Code.

(3) Each calendar year from 2002 through 2008, the salary payablefrom the state treasury under division (A)(5) of this section tothe judges named in that division shall be increased by an amount equal to theadjustment percentage for that yearmultiplied by the aggregate compensation paid the preceding year pursuantto division (A)(5) of this section and division (B)(1)(a)of section 1901.11 of the Revised Code.

(4) Each calendar year from 2002 through 2008, the salary payablefrom the state treasury under division (A)(6) of this section tothe judges named in that division shall be increased by an amount equal to theadjustment percentage for that yearmultiplied by the aggregate compensation paid the preceding year pursuantto division (A)(6) of this section and division (A) ofsection 1901.11 of the Revised Code from municipalcorporationsand counties or division (A) of section 1907.16 of theRevisedCode from counties.

(F) In addition to the salaries payable pursuant to this section, the chief justice of the supreme court and the justices of the supreme court shall be entitled to a vehicle allowance of five hundred dollars per month, payable from the state treasury. The allowance shall be increased on the first day of January of each odd numbered year by an amount equal to the percentage increase, if any, in the consumer price index for the immediately preceding twenty-four month period for which information is available.

(G) As used in this section:

(1) The "adjustment percentage" for a year is the lesser of thefollowing:

(a) Three per cent;

(b) The percentage increase, if any, in the consumer priceindexover the twelve-month period that ends on the thirtieth day ofSeptember of the immediately preceding year, rounded to thenearest one-tenth of one per cent.

(2) "Consumer price index" has the same meaning as in section101.27 of the Revised Code.

(3) "Salary" does not include anyportion of the cost, premium, or charge for health, medical,hospital, dental, or surgical benefits, or any combination ofthose benefits, covering the chief justice of the supreme courtor a justice or judge named in this section and paid on the chiefjustice's or the justice's or judge's behalf by a governmentalentity.

Sec. 145.01.  As used in this chapter:

(A) "Public employee" means:

(1) Any person holding an office, not elective, under thestate or anycounty, township, municipal corporation, parkdistrict, conservancy district,sanitary district, healthdistrict, metropolitan housing authority, stateretirement board,Ohio historical society, public library, county law library,unioncemetery, joint hospital, institutional commissary, stateuniversity, orboard, bureau, commission, council, committee,authority, or administrativebody as the same are, or have been,created by action of the general assemblyor by the legislativeauthority of any of the units of local government namedindivision (A)(1) of this section, or employed andpaid in whole orin part by the state or anyof the authorities named in division(A)(1) of thissection in any capacity not covered bysection742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.

(2) A person who is a member of the public employeesretirement systemand whocontinues to perform the same or similarduties under the direction of acontractor who has contracted totake over what before the date of thecontract was a publiclyoperated function. The governmental unit with whichthe contracthas been made shall be deemed the employer for the purposes ofadministering this chapter.

(3) Any person who is an employee of a public employer,notwithstanding thatthe person's compensation for that employmentis derived from funds of aperson or entity other than theemployer. Credit for such service shall beincluded as totalservice credit, provided that the employee makes thepaymentsrequired by this chapter, and the employer makes the paymentsrequired by sections 145.48 and 145.51 of the Revised Code.

(4) A person who elects in accordance with section 145.015of the RevisedCode to remain a contributing member of the publicemployees retirementsystem.

In all cases of doubt, the public employees retirement boardshall determinewhether any person is a public employee, and itsdecision is final.

(B) "Member" means any public employee, other than a publicemployee excludedor exempted from membership in the retirementsystem by section 145.03,145.031, 145.032, 145.033, 145.034,145.035, or 145.38 of the Revised Code. "Member" includes a PERSretirant who becomes a member under division(C) of section 145.38of the Revised Code. "Member" also includes adisability benefitrecipient.

(C) "Head of the department" means the elective orappointive head of theseveral executive, judicial, andadministrative departments, institutions,boards, and commissionsof the state and local government as the same arecreated anddefined by the laws of this state or, in case of a chartergovernment, by that charter.

(D) "Employer" or "public employer" means the state or anycounty, township,municipal corporation, park district,conservancy district, sanitary district,health district,metropolitan housing authority, state retirement board, Ohiohistorical society, public library, county law library, unioncemetery, jointhospital, institutional commissary, state medicalcollege, state university,or board, bureau, commission, council,committee, authority, or administrativebody as the same are, orhave been, created by action of the general assemblyor by thelegislative authority of any of the units of local governmentnamedin this division not covered by section 742.01, 3307.01,3309.01, or 5505.01 of the RevisedCode. In addition, "employer"means the employer of any public employee.

(E) "Prior service" means all service as a public employeerendered beforeJanuary 1, 1935, and all service as an employee ofany employer who comeswithin the state teachers retirement systemor of the school employeesretirement system or of any otherretirement system established under the lawsof this staterendered prior to January 1, 1935, provided that if the employeeclaiming the service was employed in any capacity covered by thatother systemafter that other system was established, credit forthe service may be allowedby the public employees retirementsystem only when the employee has madepayment, to be computed onthe salary earned from the date of appointment tothe datemembership was established in the public employees retirementsystem,at the rate in effect at the time of payment, and theemployer has madepayment of the corresponding full liability asprovided by section 145.44 ofthe Revised Code. "Prior service"also means all service credited for activeduty with the armedforces of the United States as provided in section 145.30of theRevised Code.

If an employee who has been granted prior service credit bythe publicemployees retirement system for service rendered priorto January 1, 1935, asan employee of a board of educationestablishes, before retirement, one yearor more of contributingservice in the state teachers retirement system orschoolemployees retirement system, then the prior service ceases to betheliability of this system.

If the board determines that a position of any member in anycalendar yearprior to January 1, 1935, was a part-time position,the board shall determinewhat fractional part of a year's creditshall be allowed by the followingformula:

(1) When the member has been either elected or appointed toan office theterm of which was two or more years and for which anannual salary isestablished, the fractional part of the year'scredit shall be computed asfollows:

First, when the member's annual salary is one thousanddollars or less, theservice credit for each such calendar yearshall be forty per cent of a year.

Second, for each full one hundred dollars of annual salaryabove one thousanddollars, the member's service credit for eachsuch calendar year shall beincreased by two and one-half percent.

(2) When the member is paid on a per diem basis, the servicecredit for anysingle year of the service shall be determined byusing the number of days ofservice for which the compensation wasreceived in any such year as anumerator and using two hundredfifty days as a denominator.

(3) When the member is paid on an hourly basis, the servicecredit for anysingle year of the service shall be determined byusing the number of hours ofservice for which the compensationwas received in any such year as anumerator and using twothousand hours as a denominator.

(F) "Contributor" means any person who has an account in theemployees'savings fund created by section 145.23 of the RevisedCode. When used inthe sections listed in division (B) of section145.82 of theRevised Code, "contributor" includes any personparticipating in aPERS defined contribution plan.

(G) "Beneficiary" or "beneficiaries" means the estate or aperson or personswho, as the result of the death of a member,contributor, or retirant, qualifyfor or are receiving some rightor benefit under this chapter.

(H)(1) "Total service credit," except as provided in section145.37 of theRevised Code, means all service credited to a memberof the retirement systemsince last becoming a member, includingrestored service credit as provided bysection 145.31 of theRevised Code; credit purchased under sections 145.293and 145.299of the Revised Code; all the member's prior service credit; allthe member's military service credit computed as provided in thischapter; allservice credit established pursuant to section145.297 of the Revised Code;and any other service credited underthis chapter. In addition, "totalservice credit" includes anyperiod, not in excess of three years, duringwhich a member wasout of service and receiving benefits under Chapters 4121.and4123. of the Revised Code. For the exclusive purpose ofsatisfying theservice credit requirement and of determiningeligibility for benefits undersections 145.32, 145.33, 145.331,145.35, 145.36, and 145.361 of the RevisedCode, "five or moreyears of total service credit" means sixty or morecalendar monthsof contributing service in this system.

(2) "One and one-half years of contributing servicecredit,"as used in division (B) of section 145.45 of the RevisedCode,also means eighteen or more calendar months of employmentby amunicipal corporation that formerly operated its ownretirementplan for its employees or a part of its employees,provided thatall employees of that municipal retirement plan who haveeighteenor more months of such employment, uponestablishing membership inthe public employees retirementsystem, shall make a payment ofthe contributions they would have paidhad they been members ofthis system for the eighteen months ofemployment preceding thedate membership was established. Whenthat payment has been madeby all such employeemembers, acorresponding payment shall bepaid into the employers'accumulation fund by that municipalcorporation as the employerof the employees.

(3) Where a member also is a member of the state teachersretirement systemor the school employees retirement system, orboth, except in cases ofretirement on a combined basis pursuantto section 145.37 of the Revised Codeor as provided in section145.383 of the Revised Code,service credit for any period shallbe credited on the basis of the ratio thatcontributions to thepublic employees retirement systembear to totalcontributions inall state retirement systems.

(4) Not more than one year of credit may be given for anyperiod of twelvemonths.

(5) "Ohio service credit" means credit for service that wasrendered to thestate or any of its political subdivisions or anyemployer.

(I) "Regular interest" means interest at any rates for therespective funds and accounts as the public employees retirementboard maydetermine from time to time.

(J) "Accumulated contributions" means the sum of allamountscredited to a contributor's individual account in theemployees'savings fund together with any interestcredited to thecontributor's account under section 145.471 or 145.472 of theRevised Code.

(K)(1) "Final average salary" means the quotient obtainedbydividing by three the sum of the three full calendar years ofcontributing service in which the member's earnable salary washighest, except that if the member has a partial year ofcontributing service in the year the member's employmentterminates and the member's earnable salary for the partial yearis higherthan for any comparable period in the three years, themember's earnablesalary for the partial year shall be substitutedfor the member's earnablesalary for the comparable period duringthe three years in which the member'searnable salary was lowest.

(2) If a member has less than three years of contributingservice, themember's final average salary shall be the member'stotal earnable salarydivided by the total number of years,including any fraction of a year, of themember's contributingservice.

(3) For the purpose of calculating benefits payable to amember qualifying for service credit under division (Z) of thissection, "final average salary" means the total earnable salaryonwhich contributions were made divided by the total number ofyearsduring which contributions were made, including anyfraction of ayear. If contributions were made for less thantwelve months,"final average salary" means the member's totalearnable salary.

(L) "Annuity" means payments for life derived fromcontributions made by acontributor and paid from the annuity andpension reserve fund as provided inthis chapter. All annuitiesshall be paid in twelve equal monthlyinstallments.

(M) "Annuity reserve" means the present value, computed uponthe basis of themortality and other tables adopted by the board,of all payments to be made onaccount of any annuity, or benefitin lieu of any annuity, granted to aretirant as provided in thischapter.

(N)(1) "Disability retirement" means retirement as providedin section 145.36of the Revised Code.

(2) "Disability allowance" means an allowance paid onaccount of disabilityunder section 145.361 of the Revised Code.

(3) "Disability benefit" means a benefit paid as disabilityretirement undersection 145.36 of the Revised Code, as adisability allowance under section145.361 of the Revised Code, oras a disability benefit under section 145.37of the Revised Code.

(4) "Disability benefit recipient" means a member who isreceiving adisability benefit.

(O) "Age and service retirement" means retirement asprovided in sections145.32, 145.33, 145.331, 145.34, 145.37, and145.46 of the Revised Code.

(P) "Pensions" means annual payments for life derived fromcontributions madeby the employer that at the time of retirementare credited into the annuityand pension reserve fund from theemployers' accumulation fund and paid fromthe annuity and pensionreserve fund as provided in this chapter. Allpensions shall bepaid in twelve equal monthly installments.

(Q) "Retirement allowance" means the pension plus thatportion of the benefitderived from contributions made by themember.

(R)(1) Except as otherwise provided in division (R)of thissection, "earnable salary" meansall salary, wages, and otherearnings paid to a contributor by reason ofemployment in aposition covered by the retirement system. The salary, wages,andother earnings shall be determined prior to determination of theamountrequired to be contributed to the employees' savings fundunder section 145.47of the Revised Code and without regard towhether any of the salary, wages, orother earnings are treated asdeferred income for federal income taxpurposes. "Earnablesalary" includes the following:

(a) Payments made by the employer in lieu of salary, wages,or other earningsfor sick leave, personal leave, or vacation usedby the contributor;

(b) Payments made by the employer for the conversion of sickleave, personalleave, and vacation leave accrued, but not used ifthe payment is madeduringthe year in which the leave is accrued,except that payments made pursuant tosection 124.383 or 124.386of the Revised Code are not earnable salary;

(c) Allowances paid by the employer for full maintenance,consisting ofhousing, laundry, and meals, as certified to theretirement board by theemployer or the head of the departmentthat employs the contributor;

(d) Fees and commissions paid under section 507.09 of theRevised Code;

(e) Payments that are made under a disability leave programsponsored by theemployer and for which the employer is requiredby section 145.296 of theRevised Code to make periodic employerand employee contributions;

(f) Amounts included pursuant to divisions (K)(3) and (Y) ofthis section.

(2) "Earnable salary" does not include any of the following:

(a) Fees and commissions, other than those paid undersection 507.09 of theRevised Code, paid as sole compensation forpersonal services and fees andcommissions for special servicesover and above services for which thecontributor receives asalary;

(b) 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 orthe contributor's family, or amountspaid by the employer to thecontributor in lieu of providing the insurance;

(c) Incidental benefits, including lodging, food, laundry,parking, orservices furnished by the employer, or use of theemployer's property orequipment, or amounts paid by the employerto the contributor in lieu ofproviding the incidental benefits;

(d) Reimbursement for job-related expenses authorized by theemployer,including moving and travel expenses and expensesrelated to professionaldevelopment;

(e) Payments for accrued but unused sick leave, personalleave, orvacationthat are made at any time other than in theyear in which the sick leave,personal leave, or vacation wasaccrued;

(f) Payments made to or on behalf of a contributor that arein excess of theannual compensation that may be taken intoaccount by the retirement systemunder division (a)(17) of section401 of the "Internal Revenue Code of 1986,"100 Stat. 2085, 26U.S.C.A. 401(a)(17), as amended;

(g) Payments made under division (B), (C), or (E) of section5923.05 of the RevisedCode, Section 4 of Substitute Senate BillNo. 3 of the 119th generalassembly, Section 3 of AmendedSubstitute Senate BillNo. 164 of the 124th general assembly, orAmended Substitute House Bill No. 405 of the 124th generalassembly;

(h) Anything of value received by the contributor that isbased on orattributable to retirement or an agreement to retire,except that paymentsmade on or before January 1, 1989, that arebased on or attributable to anagreement to retire shall beincluded in earnable salary if both of thefollowing apply:

(i) The payments are made in accordance with contractprovisions that were ineffect prior to January 1, 1986;

(ii) The employer pays the retirement system an amountspecified by theretirement board equal to the additionalliability resulting from thepayments.

(3) The retirement board shall determine by rule whether anycompensation notenumerated in division (R) of this section isearnable salary, and its decision shall befinal.

(S) "Pension reserve" means the present value, computed uponthe basis of themortality and other tables adopted by the board,of all payments to be made onaccount of any retirement allowanceor benefit in lieu of any retirementallowance, granted to amember or beneficiary under this chapter.

(T)(1) "Contributing service" means all service credited toa member of thesystem since January 1, 1935, for whichcontributions are made as required bysections 145.47, 145.48, and145.483 of the Revised Code. In any yearsubsequent to 1934,credit for any service shall be allowed by the followingformula:

(a) For each month for which the member's earnable salary istwo hundredfifty dollars or more, allow one month's credit.

(b) For each month for which the member's earnable salary isless than twohundred fifty dollars, allow a fraction of a month'scredit. The numerator ofthis fraction shall be the earnablesalary during the month, and thedenominator shall be two hundredfifty dollars, except that if the member'sannual earnable salaryis less than six hundred dollars, the member's creditshall not bereduced below twenty per cent of a year for a calendar year ofemployment during which the member worked each month. Division(T)(1)(b) of this section shall notreduce any credit earnedbefore January 1, 1985.

(2) Notwithstanding division (T)(1) of this section, anelected official whoprior to January 1, 1980, was granted a fullyear of credit for each year ofservice as an elected officialshall be considered to have earned a full yearof credit for eachyear of service regardless of whether the service wasfull-time orpart-time. The public employees retirement board has noauthorityto reduce the credit.

(U) "State retirement board" means the public employeesretirement board, theschool employees retirement board, or thestate teachers retirement board.

(V) "Retirant" means any former member who retires and isreceiving a monthlyallowance as provided in sections 145.32,145.33, 145.331, 145.34, and 145.46of the Revised Code.

(W) "Employer contribution" means the amount paid by anemployer asdetermined under section 145.48 of the RevisedCode.

(X) "Public service terminates" means the last day for whicha publicemployee is compensated for services performed for anemployer or the date ofthe employee's death, whichever occursfirst.

(Y) When a member has been elected or appointed to anoffice, the term ofwhich is two or more years, for which anannual salary is established, and inthe event that the salary ofthe office is increased and the member is deniedthe additionalsalary by reason of any constitutional provision prohibiting anincrease in salary during a term of office, the member may electto have theamount of the member's contributions calculated uponthe basis of theincreased salary for the office. At the member'srequest, the board shallcompute the total additional amount themember would have contributed, or theamount by which each of themember's contributions would have increased, hadthe memberreceived the increased salary for the office the member holds. Ifthe member elects to have the amount by which the member'scontribution wouldhave increased withheld from the member'ssalary, the member shall notify theemployer, and the employershall make the withholding and transmit it to theretirementsystem. A member who has not elected to have that amount withheldmay elect at any time to make a payment to the retirement systemequal to theadditional amount the member's contribution wouldhave increased, plusinterest on that contribution, compoundedannually at a rate established bythe board and computed from thedate on which the last contribution would havebeen withheld fromthe member's salary to the date of payment. A member maymake apayment for part of the period for which the increasedcontribution wasnot withheld, in which case the interest shall becomputed from the date thelast contribution would have beenwithheld for the period for which thepayment is made. Upon thepayment of the increased contributions as providedin thisdivision, the increased annual salary as provided by law for theoffice for the period for which the member paid increasedcontributionsthereon shall be used in determining the member'searnable salary for thepurpose of computing the member's finalaverage salary.

(Z) "Five years of service credit," for the exclusivepurpose of satisfyingthe service credit requirements and ofdetermining eligibility for benefitsunder section 145.33 of theRevised Code, means employment covered under thischapter or undera former retirement plan operated, recognized, or endorsed bytheemployer prior to coverage under this chapter or under acombination ofthe coverage.

(AA) "Deputy sheriff" means any person who is commissionedand employed as afull-time peace officer by the sheriff of anycounty, and has been so employedsince on or before December 31,1965, and whose primary duties are to preservethe peace, toprotect life and property, and to enforce the laws of thisstate;any person who is or has been commissioned and employed as a peaceofficer by the sheriff of any county since January 1, 1966, andwho hasreceived a certificate attesting to the person'ssatisfactory completion ofthe peace officer training school asrequired by section 109.77 of the RevisedCode and whose primaryduties are to preserve the peace, protect life andproperty, andenforce the laws of this state; or any person deputized by thesheriff of any county and employed pursuant to section 2301.12 ofthe RevisedCode as a criminal bailiff or court constable who hasreceived a certificateattesting to the person's satisfactorycompletion of the peace officertraining school as required bysection 109.77 of the Revised Code and whoseprimary duties are topreserve the peace, protect life and property, andenforce thelaws of this state.

(BB) "Township constable or police officer in a townshippolice department ordistrict" means any person who iscommissioned and employed as a full-timepeace officer pursuant toChapter 505. or 509. of the Revised Code, who hasreceived acertificate attesting to the person's satisfactory completion ofthe peace officer training school as required by section 109.77 ofthe RevisedCode, and whose primary duties are to preserve thepeace, protect life andproperty, and enforce the laws of thisstate.

(CC) "Drug agent" means any person who is either of thefollowing:

(1) Employed full-time as a narcotics agent by a countynarcotics agencycreated pursuant to section 307.15 of the RevisedCode and has received acertificate attesting to the satisfactorycompletion of the peace officertraining school as required bysection 109.77 of the Revised Code;

(2) Employed full-time as an undercover drug agent asdefined in section109.79 of the Revised Code and is in compliancewith section 109.77 of theRevised Code.

(DD) "Department of public safety enforcement agent" means afull-timeemployee of thedepartment of public safety who isdesignated under section 5502.14of the Revised Code as anenforcement agent and who is in compliance withsection 109.77ofthe Revised Code.

(EE) "Natural resources law enforcement staff officer" meansafull-time employee of the department of natural resources who isdesignated anatural resources law enforcement staff officer undersection 1501.013 of theRevised Codeandis in compliance withsection 109.77 of the Revised Code.

(FF) "Park officer" means a full-time employee of thedepartment ofnaturalresources who is designated a park officerunder section 1541.10 of theRevised Code and is in compliancewith section 109.77 of the Revised Code.

(GG) "Forest officer" means a full-time employee of thedepartment of naturalresources who is designated a forest officerunder section 1503.29 of theRevised Code and is in compliancewith section 109.77 of the Revised Code.

(HH) "Preserve officer" means a full-timeemployee of thedepartment of natural resources who isdesignated a preserveofficer under section 1517.10 of theRevisedCode and is incompliance withsection 109.77 of the RevisedCode.

(II) "Wildlife officer" means a full-time employee of thedepartmentofnatural resources who is designated a wildlifeofficer under section 1531.13of the Revised Code and is incompliance with section 109.77 of the RevisedCode.

(JJ) "State watercraft officer" means a full-timeemployeeof the departmentof natural resources who is designated a statewatercraft officer undersection 1547.521 of the Revised Code andis in compliance with section 109.77of the Revised Code.

(KK) "Park district police officer" means a full-timeemployee of a parkdistrict who is designated pursuant to section511.232 or 1545.13 of theRevised Code and is in compliance withsection 109.77 of the Revised Code.

(LL) "Conservancy district officer" means a full-timeemployee of aconservancy district who is designated pursuant tosection 6101.75 of theRevised Code and is in compliance withsection 109.77 of the Revised Code.

(MM) "Municipal police officer" means a member of theorganized policedepartment of a municipal corporation who isemployed full-time, is incompliance with section 109.77 of theRevised Code, and is not a member of theOhio police and firepension fund.

(NN) "Veterans' home police officer" meansanypersonwho is employed ata veterans' home as apolice officerpursuant to section 5907.02 of theRevised Code andis incompliance with section 109.77 of the Revised Code.

(OO) "Special police officer for a mental healthinstitution" means anyperson who is designated as such pursuantto section 5119.14 of the RevisedCode and is in compliance withsection 109.77 of the Revised Code.

(PP) "Special police officer for an institution for thementally retarded anddevelopmentally disabled" means any personwho is designated as such pursuantto section 5123.13 of theRevised Code and is in compliance with section109.77 of theRevised Code.

(QQ) "State university law enforcement officer" means anyperson who isemployed full-time as a state university lawenforcement officer pursuant tosection 3345.04 of the RevisedCode and who is in compliance with section109.77 of the RevisedCode.

(RR)"House sergeant at arms" means any person appointed bythe speaker of the house of representatives under division (B)(1)of section 101.311 of the Revised Code who has arrest authorityunder division (E)(1) of that section.

(SS) "Assistant house sergeant at arms" means any personappointed by the house sergeant at arms under division (C)(1) ofsection 101.311 of the Revised Code.

(TT) "Regional transit authority police officer" means aperson who isemployed full time as a regional transit authoritypolice officer underdivision (Y) of section 306.35 of the RevisedCodeand is incompliance with section 109.77 of the Revised Code.

(UU)"State highway patrol police officer" means a specialpoliceofficer employed full time and designated by thesuperintendent of thestate highway patrol pursuant to section5503.09 of theRevised Code or a person servingfull time as aspecial police officer pursuant to that section on apermanentbasis on October 21, 1997, who is in compliancewith section109.77 of the Revised Code.

(VV) "Municipal public safety director" means a person who serves full-time as the public safety director of a municipal corporation with the duty of directing the activities of the municipal corporation's police department and fire department.

(WW) Notwithstanding section 2901.01 of the Revised Code,"PERS law enforcementofficer" means a sheriff, deputy sheriff,township constable or police officerin a township policedepartment or district, drug agent, municipal public safety director, department of publicsafetyenforcement agent, natural resources law enforcement staffofficer,park officer, forest officer, preserve officer,wildlifeofficer, state watercraftofficer, park district police officer,conservancy district officer,veterans' home police officer,special police officer for a mental healthinstitution, specialpolice officer for an institution for the mentallyretarded anddevelopmentally disabled, state university law enforcementofficer, municipalpolice officer,house sergeant at arms,assistant housesergeantat arms, regional transit authoritypolice officer, orstate highway patrol police officer.

(WW)(XX)"Hamilton county municipal courtbailiff" means apersonappointed bythe clerk of courts of the Hamilton countymunicipalcourt underdivision(A)(3) of section 1901.32 of theRevised Codewho is employed full time as abailiff or deputybailiff, who hasreceived a certificate attesting to theperson'ssatisfactorycompletion of the peace officer basic trainingdescribed indivision (D)(1) of section 109.77 of the RevisedCode,and whoseprimary duties are to preserve the peace, toprotectlife andproperty, and toenforce the laws of this state.

(XX)(YY) "Fiduciary" means a person who does any of thefollowing:

(1) Exercises any discretionary authority or control withrespect to themanagement of the system or with respect to themanagement or disposition ofits assets;

(2) Renders investment advice for a fee, direct or indirect,with respect tomoney or property of the system;

(3) Has any discretionary authority or responsibility in theadministrationof the system.

(YY)(ZZ) "Actuary" means an individual who satisfies all ofthefollowingrequirements:

(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 providingactuarial servicesto public retirement plans.

(ZZ)(AAA) "PERS defined benefit plan" means the plan described insections 145.201 to 145.79 of the Revised Code.

(AAA)(BBB) "PERS defined contribution plans" means the plan orplans established under section 145.81 of the Revised Code.

Sec. 145.33.  (A) Except as provided in division (B)or(C)ofthis section, a member with at least five years oftotalservicecredit who has attained age sixty, or who has thirtyyearsof total Ohio service credit, may apply for age and serviceretirement, which shall consist of:

(1) An annuity having a reserve equal to the amount of themember's accumulated contributions at that time;

(2) A pension equal to the annuity provided by division(A)(1) of this section;

(3) An additional pension, if the member can qualify forprior service, equal to forty dollars multiplied by the number ofyears, and fraction thereof, of such prior and military servicecredit;

(4) A basic annual pension equal to one hundred eightydollars if the member has ten or more years of total servicecredit as of October 1, 1956, except that the basic annualpensionshall not exceed the sum of the annual benefits providedbydivisions (A)(1), (2), and (3) of this section.

(5) When a member retires on age and service retirement,themember's total annual single lifetime allowance,including theallowances provided in divisions (A)(1), (2), (3), and (4) ofthissection, shall be not less than a base amount adjusted inaccordance with division (A)(5) of this sectionand determined bymultiplying themember's total service credit by the greater ofthe following:

(a) Eighty-six dollars;

(b) Two and two-tenths per cent of the member's finalaverage salaryfor each of the first thirty years of service plustwo andone-half per cent of the member's final average salary foreach subsequent year of service.

The allowance shall be adjusted by the factors of attainedage or years of service to provide the greater amount asdetermined by the following schedule:


Years ofPercentage
AttainedorTotal Serviceof
BirthdayCreditBase Amount


582575
592680
602785
6188
2890
6291
6394
2995
6497
6530 or more100

Members shall vest the right to a benefit in accordancewiththe following schedule, based on the member's attained agebySeptember 1, 1976:


Percentage
Attainedof
BirthdayBase Amount
66102
67104
68106
69108
70 or more110

(6) The total annual single lifetime allowance that amembershall receive under division (A)(5) of this section shallnotexceed the lesser of one hundred per cent of themember's finalaverage salary or the limit established by section 415 of the"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,as amended.

(B)(1) For the purposes of divisions (B) to(G) ofthissection,"total service credit as aPERS law enforcement officer"and "total service credit as a Hamilton county municipalcourtbailiff" includecredit for military service to the extentpermitted bydivision(E)(2) of this section and credit forservice as a policeofficer or statehighway patrol trooper to theextent permitted bydivisions(E)(3)and (4) ofthissection.

(2) A member who meets the conditions in division(B)(2)(a),(b), (c), or (d) ofthis section may apply for an age andserviceretirement benefit under thisdivision:

(a)The member has attained ageforty-eight and has at leasttwenty-five years oftotal servicecredit asaPERSlawenforcement officerwhose primaryduties were to preserve thepeace, protectlife and property, andenforce the laws in themember'sjurisdiction;

(b)The member has attained agefifty-two, and has atleasttwenty-five years of total servicecreditas aPERS lawenforcement officer, but themember's primary duties were otherthan to preserve the peace,protect life and property, and enforcethe laws in the member'sjurisdiction;

(c) The member has attained age fifty-two and has at leasttwenty-five years of total service as a Hamilton county municipalcourt bailiff;

(d) The member has attained age sixty-two and has atleastfifteen years of totalservice credit aseither of thefollowing:

(i) A PERSlawenforcement officer;

(ii) A Hamiltoncounty municipal court bailiff.

(3) A benefit paid under division (B)(2) of this sectionshallconsist of an annual single lifetime allowance equal to thesumoftwo and one-half per cent of the member's final averagesalarymultiplied by the first twenty-five years of the member'stotalservice plus two and one-tenth per cent of the member'sfinalaverage salary multiplied by the number of years of themember'stotal service credit in excess oftwenty-five years.

(4) A member with at least fifteen years of total servicecredit as aPERS law enforcementofficeror Hamilton countymunicipal court bailiff who voluntarily resigns or isdischargedfor anyreason except death, dishonesty, cowardice,intemperatehabits, or conviction of a felony may apply for anageand serviceretirement benefit, which shall consist of anannualsinglelifetime allowance equal to one and one-half percent ofthemember's final average salary multiplied by thenumber ofyears ofthe member's total service credit. Theallowance shallcommenceon the first day of the calendar monthfollowing themonth inwhich the application is filed with thepublic employeesretirement board on or after the attainment bythe applicant ofage fifty-two.

(C)(1) A member with at leasttwenty-five years of totalservice creditwhowould be eligible to retire underdivision(B)(2)(b) or (c) of this section had the memberattainedagefifty-two and who voluntarily resigns orisdischargedfor anyreasonexcept death, dishonesty,cowardice,intemperatehabits, orconviction of a felony, onor after thedate ofattainingforty-eight years ofage, but before the date ofattainingfifty-two yearsof age, may elect to receive a reducedbenefit asdetermined by the followingschedule:


Attained AgeReduced Benefit


4875% of the benefit payable under
division (B)(3) of this section
4980% of the benefit payable under
division (B)(3) of this section
5086% of the benefit payable under
division (B)(3) of this section
5193% of the benefit payable under
division (B)(3) of this section

(2) If a member elects to receive a reduced benefitafterattaining age forty-eight the reduced benefit is payable from thelater of thedate of the member's mostrecent birthday or the datethemember becomes eligible to receive the reduced benefit.

(3) Once a member elects to receive a reduced benefitdetermined by the schedule in division(C)(1) of thissectionandhas received a payment, themember may not reelect to changethatelection.

(4) If a member who has resigned or been discharged has leftondeposit the member's accumulated contributions in theemployees' savingsfund and has not elected to receive a reducedbenefit determinedby the schedule in division(C)(1) of thissection, uponattaining fifty-two years of age, the member shallbe entitled to receive abenefit computed and paid under division(B)(3) of thissection.

(D) A benefit paid under division (B)or(C) ofthissectionshall not exceed the lesser ofninety per cent of themember'sfinal average salary or the limit establishedby section415 ofthe"Internal Revenue Code of1986," 100 Stat. 2085, 26U.S.C.A.415, as amended.

(E)(1) A member with service credit as aPERS lawenforcementofficeror a Hamilton county municipal court bailiffand other service credit under this chaptermay elect oneof thefollowing:

(a) To have all the member's service credit under thischapter,including credit for service as aPERS law enforcementofficeror Hamilton county municipal court bailiff, usedincalculating a retirement allowance under division(A) of thissection if the member qualifies for an allowance underthatdivision;

(b) If the member qualifies for an allowance under division(B) or (C) of this section, tohave themember's service creditas aPERS law enforcementofficerorHamilton county municipalcourt bailiff used incalculating abenefit underthe appropriatedivision andthe member'screditfor all service other thanPERSlaw enforcementserviceorservice as a Hamilton county municipalcourt bailiff under thischapter used in calculating a benefitconsisting of a single lifeannuity having a reserve equal to theamount of the member'saccumulated contributions and anequalamount of the employer'scontributions.

(2) Notwithstanding sections 145.01 and 145.30 of theRevised Code, no more than four years of military service creditgranted under section 145.30 of the Revised Code and five yearsofmilitary service credit purchased under section 145.301 or 145.302of theRevised Code shall be used in calculating service as aPERSlawenforcement officeror Hamilton county municipal court bailiffor the total service credit of that person.

(3) Only credit for the member's service as aPERS lawenforcementofficer or service credit obtained as a police officeror statehighway patrol trooper shall be used in computing thebenefit of a member who qualifies for a benefitunderdivision(B)(2)(a), (b), or (d)(ii) or(4) or division(C) ofthissectionfor thefollowing:

(a) Any person who originally is commissioned and employedas a deputy sheriff by the sheriff of any county, or whooriginally is electedsheriff, on or after January 1, 1975;

(b) Any deputy sheriff who originally is employed as acriminal bailiffor court constable on or after April 16, 1993;

(c) Any person who originally is appointed as a townshipconstable or police officer in a township police department ordistrict on or after January 1, 1981;

(d) Any person who originally is employed as a countynarcotics agent on or after September 26, 1984;

(e) Any person who originally is employed as an undercoverdrug agent as defined in section 109.79 of the Revised Code,department of public safety enforcement agent who prior to June30, 1999, was a liquorcontrol investigator, park officer,forestofficer, wildlife officer,state watercraft officer, park districtpoliceofficer, conservancy district officer, veterans' homepolice officer, special police officer for a mental healthinstitution,special police officer for an institution for thementally retardedand developmentally disabled, or municipalpolice officer on orafter December 15, 1988;

(f) Any person who originally is employed as a stateuniversitylaw enforcement officer on or afterNovember 6, 1996;

(g)Any person who is originally employed as a stateuniversity lawenforcement officer by the university of Akron onor after September16, 1998;

(h) Any person who originally is employed as a preserveofficeron or after March18, 1999;

(i) Any person who originally is employed as a naturalresourceslaw enforcement staff officer on or after March 18,1999;

(j) Any person who is originally employed as a departmentofpublic safety enforcement agent on or after June 30,1999;

(k) Any person who is originally employed as a housesergeant at arms or assistant house sergeant at arms on or afterSeptember 5, 2001;

(l)Any person who is originally appointed as a regionaltransit authority police officer or state highway patrol policeofficer on or afterFebruary1, 2002;

(m) Any person who is originally employed as a municipal public safety director on or after the effective date of this amendment.

(4) Only credit for a member's service as a Hamilton countymunicipal court bailiff or service credit obtained as a PERS lawenforcement officer, police officer, or state highway patroltrooper shall be used in computing the benefit of a member whoqualifies for a benefit under division (B)(2)(c) or (d)(ii) or (4)ordivision (C) ofthissection for any person who originally isemployed as aHamiltoncounty municipal court bailiff on or afterNovember 6,1996.

(F) Retirement allowances determined under this sectionshall be paid as provided in section 145.46 of the Revised Code.

(G) For the purposes of this section, service prior toJune30, 1999,as a food stamp trafficking agent underformersection5502.14 of the Revised Code shall be considered service asalawenforcementofficer.

Sec. 147.05. (A) Before entering upon the duties oftheofficeof notary public,a notarypublicshall leavethenotarypublic's commission with the oathendorsedon thecommission withtheclerk of the court of common pleas ofthecounty in whichthenotary public resides. Theclerk shallrecord the commission ina bookkept for that purpose. Theclerk shallendorse on themargin of the record and on the backof thecommission the timethat the clerk receivedthe commission for recordand makeaproper index toallcommissionsso recorded. For recordingandindexinga commission, thefee of theclerkshall beasprovidedin division (R) of section 2303.20of the RevisedCode.

(B) The secretary of state shall maintain a record of thecommissions of each notary public appointed and commissioned bythe secretary of state under this chapter and make a proper indexto that record.

The governor's office shall transfer to the secretary ofstate's office, on or afterthe effective date of this amendmentJune 6, 2001,the record of notaries public formerly kept by thegovernor'soffice under section 107.10 of the Revised Code. Thesecretary ofstate's office shall maintain that record togetherwith the recordand index of commissions of notaries publicrequired by thisdivision.

(C) If a notary public legally changes the notary public's name or address after having been commissioned as a notary public, the notary public shall notify the secretary of state and the appropriate clerk of courts within thirty days after the name or address change. Notification to the secretary of state shall be on a form prescribed by the secretary of state.

(D) A notary, other than an attorney, who resigns the person's commission shall deliver to the secretary of state, on a form prescribed by the secretary of state, a written notice indicating the effective date of resignation.

Sec. 147.10.  No notary public shall do or perform any act as a notary publicknowing that his the notary public's term of office has expired or that the notary public has resigned the notary public's commission.

Sec. 147.11. A person appointed notary public who performs any act as such after the expiration of his the person's term of office or after the person resigns the person's commission, knowing that his the person's term has expired or that the person has resigned, shall forfeit not more than five hundred dollars, to be recovered by an action in the name of the state. Such act shall render such the person ineligible for reappointment.

Sec. 147.12.  An official act done by a notary public after the expiration ofhis the notary public's term of office or after the notary public resigns the notary public's commission is as valid as if doneduring his the notary public's term of office.

Sec. 147.371. (A) Upon receipt of a fee of two dollars and anaffidavit that theoriginal commissionof a notary public has beenlost or destroyed, a duplicate commission asnotary public shallbe issued by thesecretary of state.

(B) Upon receipt of a fee of two dollars and the properly completed, prescribed form for a name and address change under division (C) of section 147.05 of the Revised Code, the secretary of state shall issue a duplicate commission as a notary public.

Sec. 149.30.  The Ohio historical society, chartered bythis state as a corporation not for profit to promote a knowledgeof history and archaeology, especially of Ohio, and operatedcontinuously in the public interest since 1885, may performpublic functions as prescribed by law.

The general assembly may appropriate money to the Ohiohistorical society each biennium to carry out the publicfunctions of the society as enumerated in this section. Anappropriation by the general assembly to the society constitutesan offer to contract with the society to carry out those publicfunctions for which appropriations are made. An acceptance bythe society of the appropriated funds constitutes an acceptanceby the society of the offer and is considered an agreement by thesociety to perform those functions in accordance with the termsof the appropriation and the law and to expend the funds only forthe purposes for which appropriated. The governor may request onbehalf of the society, and the controlling board may release,additional funds to the society for survey, salvage, repair, orrehabilitation of an emergency nature for which funds have notbeen appropriated, and acceptance by the society ofthose funds constitutes an agreement on the part of the society toexpendthose funds only for the purpose for which released by thecontrolling board.

The society shall faithfully expend and apply all moneysreceived from the state to the uses and purposes directed by lawand for necessary administrative expenses. The If the general assembly appropriates money to the society for grants or subsidies to other entities for their site-related programs, the society, except for good cause, shall distribute the money within ninety days of accepting a grant or subsidy application for the money.

The society shallperform the public function of sending notice by certified mailto the owner of any property at the time it is listed on thenational register of historic places. The society shallaccurately record all expenditures of such funds in conformitywith generally accepted accounting principles.

The auditor of state shall audit all funds and fiscalrecords of the society.

The public functions to be performed by the Ohio historicalsociety shall include all of the following:

(A) Creating, supervising, operating, protecting,maintaining, and promoting for public use a system of statememorials, titles to which may reside wholly or in part with thisstate or wholly or in part with the society as provided in and inconformity to appropriate acts and resolves of the generalassembly, and leasing for renewable periods of two years or less,with the advice and consent of the attorney general and thedirector of administrative services, lands and buildings owned bythe state which are in the care, custody, and control of thesociety, all of which shall be maintained and kept for public useat reasonable hours;

(B) Making alterations and improvements, marking, andconstructing, reconstructing, protecting, or restoringstructures, earthworks, and monuments in its care, and equippingsuch facilities with appropriate educational maintenancefacilities;

(C) Serving as the archives administration for the stateand its political subdivisions as provided in sections 149.31 to149.42 of the Revised Code;

(D) Administering a state historical museum, to be theheadquarters of the society and its principal museum and library,which shall be maintained and kept for public use at reasonablehours;

(E) Establishing a marking system to identify alldesignated historic and archaeological sites within the state andmarking or causing to be marked historic sites and communitiesconsidered by the society to be historically or archaeologicallysignificant;

(F) Publishing books, pamphlets, periodicals, and otherpublications about history, archaeology, and natural science and offering one copy of each regular periodical issue to all publiclibraries in this state at a reasonable price, which shall not exceed one hundred ten per cent more than the total cost of publication;

(G) Engaging in research in history, archaeology, andnatural science and providing historical information upon requestto all state agencies;

(H) Collecting, preserving, and making available by allappropriate means and under approved safeguards all manuscript,print, or near-print library collections and all historicalobjects, specimens, and artifacts which pertain to the history ofOhio and its people, including the following original documents:Ohio Constitution of 1802; Ohio Constitution of 1851; proposedOhio Constitution of 1875; design and the letters of patent andassignment of patent for the state flag; S.J.R. 13 (1873); S.J.R.53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883);S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904);S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petitionform (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933);petition form (2) (1933); S.J.R. 57 (1936); petition form (1936);H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48(1947);

(I) Encouraging and promoting the organization anddevelopment of county and local historical societies;

(J) Providing to Ohio schools such materials as the society may prepare to facilitate theinstruction of Ohio history at a reasonable price, which shall not exceed one hundred ten per cent more than the total cost of preparation and delivery;

(K) Providing advisory and technical assistance to localsocieties for the preservation and restoration of historic andarchaeological sites;

(L) Devising uniform criteria for the designation ofhistoric and archaeological sites throughout the state andadvising local historical societies of the criteria and theirapplication;

(M) Taking inventory, in cooperation with the Ohio artscouncil, the Ohio archaeological council, and the archaeologicalsociety of Ohio, of significant designated and undesignated stateand local sites and keeping an active registry of all designatedsites within the state;

(N) Contracting with the owners or persons having aninterest in designated historic or archaeological sites orproperty adjacent or contiguous to those sites, oracquiring, bypurchase, gift, or devise, easements in those sites or inpropertyadjacent or contiguous to those sites, in order to controlorrestrict the use of those historic or archaeological sitesoradjacent or contiguous property for the purpose of restoring orpreserving the historical or archaeological significance oreducational value of those sites;

(O) Constructing a monument honoring Governor James A.Rhodes, which shall stand on the northeast quadrant of thegrounds surrounding the capitol building. The monument shall beconstructed with private funds donated to the Ohio historicalsociety and designated for this purpose. No public funds shallbe expended to construct this monument. The department ofadministrative services shall cooperate with the Ohio historicalsociety in carrying out this function and shall maintain themonument in a manner compatible with the grounds of the capitolbuilding.

(P) Commissioning a portrait of each departing governor, which shall bedisplayed in the capitol building. The Ohio historical society mayaccept private contributions designated for this purpose and, at thediscretion of its board of trustees, also may apply for the same purpose fundsappropriated by the general assembly to the society pursuant to this section.

(Q) Planning and developing a center at the capitolbuilding for the purpose of educating visitors about the historyof Ohio, including its political, economic, and socialdevelopment and the design and erection of the capitol buildingand its grounds. The Ohio historical society may acceptcontributions of private moneys and in-kind services designatedfor this purpose and may, at the discretion of its board oftrustees, also apply, for the same purpose, personnel and otherresources paid in whole or in part by its state subsidy.

(R) Submitting an annual report of its activities,programs, and operations to the governor within two months afterthe close of each fiscal year of the state.

The society shall not sell, mortgage, transfer, or disposeof historical or archaeological sites to which it has title andin which the state has monetary interest except by action of thegeneral assembly.

In consideration of the public functions performed by theOhio historical society for the state, employees of the societyshall be considered public employees within the meaning ofsection 145.01 of the Revised Code.

Sec. 150.07. (A) For the purpose stated in section 150.01of the Revised Code, the authority may authorize a lender to claimone ofthe tax credits allowed under section 5707.031,5725.19, 5727.241, 5729.08,5733.49,or 5747.80 of the Revised Code. Thecredits shall beauthorized by a written contract with the lender.The contractshall specify the terms under which the lender mayclaim thecredit, including the amount of loss, if any, the lendermustincur before the lender may claim the credit; specify thatthecreditshall not exceedthe amount of the loss; and specifythatthe lender may claim thecredit only for a loss certified byaprogramadministrator to theauthority under the proceduresprescribedunder division (B)(6) ofsection 150.05 of the RevisedCode.

(B) Tax credits may be authorized at any time after theauthority establishes the investment policy under section 150.03of the Revised Code, but a tax credit so authorized may not beclaimed until the beginning of the fifth year after the authorityestablishes the investment policy. A tax credit may not beclaimed after June 30, 2026.

(C) (1) Upon receiving certification of a lender's loss fromaprogram administrator pursuant to the procedures in theinvestmentpolicy, the authority shall issue a tax creditcertificate to thelender, except as otherwise provided indivision (D) of this section. The

(2) If the lender is a pass-through entity, as defined in section 5733.04 of the Revised Code, then each equity investor in the lender pass-through entity shall be entitled to claim one of the tax credits allowed under division (A) of this section for that equity investor's taxable year in which or with which ends the taxable year of the lender pass-through entity in an amount based on the equity investor's distributive or proportionate share of the credit amount set forth in the certificate issued by the authority. If all equity investors of the lender pass-through entity are not eligible to claim a credit against the same tax set forth in division (A) of this section, then each equity investor may elect to claim a credit against the tax to which the equity investor is subject to in an amount based on the equity investor's distributive or proportionate share of the credit amount set forth in the certificate issued by the authority.

(3) The authority shall not issue a certificate until the lender, in the manner prescribed by the authority, or in the case of a lender pass-through entity, until each equity investor in that lender pass-through entity, elects to receive a refundable or nonrefundable tax credit. The election, once made, is irrevocable. The certificate shall statetheamount of the credit, whether the credit is refundable or nonrefundable,andthe calendar year,undersection 5707.031, 5725.19, 5727.241,or 5729.08, the taxyear,undersection5733.49,or the taxableyear undersection5747.80of the RevisedCode, forwhich thecredit may beclaimed.Theauthority, inconjunctionwith the taxcommissioner,shalldevelopa system forissuing tax creditcertificates for thepurpose ofverifyingthat anycredit claimedisa creditissuedunder thissection andisproperly taken intheyear specified inthecertificate and incompliance withdivision(B)ofthissection.

(D) The authority shall not, in any fiscal year, issue taxcredit certificates in a total amount exceeding twenty milliondollars.

Sec. 150.10.  (A)Onthe first day of Januaryof the secondyear after the date of entering into an agreementunder section150.05 of theRevisedCodeand of each ensuing year, theauthorityshall file with the clerkof the houseofrepresentatives, theclerk of the senate, andthe chairpersonsofthe house and senatestanding committeespredominantlyconcernedwith economicdevelopment a writtenreport on theOhioventurecapital program.The report shall include all the following:

(1)Adescription of the details of theinvestment policyestablished or modified in accordance withsections 150.03and150.04 of the Revised Code;

(2)Theauthority's assessment of the program's achievementof itspurpose stated in section 150.01 of the Revised Code;

(3)Thevalue of tax credit certificates issued by theauthorityundersection 150.07 of the Revised Code in each fiscalyear ending on or before the preceding thirtieth day of June;

(4) Theamount of tax credits claimed pursuant to section 5707.031,5725.19, 5727.241, 5729.08, 5733.49, or 5747.80 of the Revised Code, as tothe respective taxesinvolved;

(5) Thefinancial status of theOhioventure capital fund;

(6) The names of venture capital funds in which money fromthe program fund has been invested and thelocations of theirprincipal offices, and the names ofthe enterprises in which eachof those venture capitalfunds has invested such money and thelocations of thoseenterprises' principal offices;

(7) Anyrecommendations for modifying the program to betterachieve thepurpose stated in section 150.01 of theRevisedCode.

(B) During each year that a report is issued under division(A) of this section, the chairperson of the authority, oranothermember of the authority designatedby thechairpersonas theauthority's representative, shallberequired to appear inpersonbefore the standing committees of thehouse andsenatepredominantly concernedwith economic developmentto givetestimony concerning the status of theOhio venturecapitalprogram.

Sec. 153.02.  (A) The director of administrative services may debar a contractor from contract awards for public improvements as referred to in section 153.01 of the Revised Code upon proof that the contractor has done any of the following:

(1) Defaulted on a contract requiring the execution of a takeover agreement as set forth in division (B) of section 153.17 of the Revised Code;

(2) Knowingly failed during the course of a contract to maintain the coverage required by the bureau of workers' compensation;

(3) Knowingly failed during the course of a contract to maintain the contractor's drug-free workplace program as required by the contract;

(4) Knowingly failed during the course of a contract to maintain insurance required by the contract or otherwise by law, resulting in a substantial loss to the owner, as owner is referred to in section 153.01 of the Revised Code;

(5) Misrepresented the firm's qualifications in the selection process set forth in sections 153.65 to 153.71 of the Revised Code;

(6) Been convicted of a criminal offense related to the application for or performance of any public or private contract, including, but not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, and any other offense that directly reflects on the contractor's business integrity;

(7) Been convicted of a criminal offense under state or federal antitrust laws;

(8) Deliberately or willfully submitted false or misleading information in connection with the application for or performance of a public contract;

(9) Been debarred from bidding on or participating in a contract with any state or federal agency.

(B) When the director reasonably believes that grounds for debarment exist, the director shall send the contractor a notice of proposed debarment indicating the grounds for the proposed debarment and the procedure for requesting a hearing on the proposed debarment. The hearing shall be conducted in accordance with Chapter 119. of the Revised Code. If the contractor does not respond with a request for a hearing in the manner specified in Chapter 119. of the Revised Code, the director shall issue the debarment decision without a hearing and shall notify the contractor of the decision by certified mail, return receipt requested.

(C) The director shall determine the length of the debarment period and may rescind the debarment at any time upon notification to the contractor. During the period of debarment, the contractor is not eligible to bid for or participate in any contract for a public improvement as referred to in section 153.01 of the Revised Code. After the debarment period expires, the contractor shall be eligible to bid for and participate in contracts for a public improvement as referred to in section 153.01 of the Revised Code.

(D) The director, through the office of the state architect, shall maintain a list of all contractors currently debarred under this section. Any governmental entity awarding a contract for construction of a public improvement may use a contractor's presence on the debarment list to determine whether a contractor is responsible or best under section 9.312 or any other section of the Revised Code in the award of a contract.

Sec. 154.11.  The issuingauthority may authorize and issue obligations for the refunding, includingfunding and retirement, of any obligations previously issued under thischapter and any bonds or notes previously issued under Chapter 152. of the Revised Code to pay costs of capital facilities leased to the Ohio cultural facilities commission, formerly known as the Ohio arts and sports facilities commission. Such obligations may be issued in amountssufficient for payment of the principal amount of the priorobligations, any redemption premiums thereon, principalmaturities of any such obligations maturing prior to theredemption of the remaining obligations on a parity therewith,interest accrued or to accrue to the maturity dates or dates ofredemption of such obligations, and any expenses incurred or tobe incurred in connection with such issuance and such refunding,funding, and retirement. Subject to the bond proceedingstherefor, the portion of proceeds of the sale of obligationsissued under this section to be applied to bond service chargeson the prior obligations shall be credited to the bond servicefund for those prior obligations. Obligations authorized under thissection shall be deemed to be issued for those purposes for whichthose prior obligations were issued and are subject to theprovisions of Chapter 154. of the Revised Code pertaining toother obligations, except as otherwise indicated by this sectionand except for division (A) of section 154.02 of the RevisedCode, provided that, unless otherwise authorized by the generalassembly, any limitations imposed by the general assemblypursuant to that division with respect to bond service chargesapplicable to the prior obligations shall be applicable to theobligations issued under this section to refund, fund, or retirethose prior obligations.

Sec. 173.26.  (A) Each of the following facilities shallannually pay to the department of aging six dollars for eachbed maintained by the facility for use by a resident during anypart of the previous year:

(1) Nursing homes, residential care facilities, and homesfor the aging as defined in section 3721.01 of the Revised Code;

(2) Facilities authorized to provide extended careservices under Title XVIII of the "Social Security Act," 49 Stat.620 (1935), 42 U.S.C. 301, as amended;

(3) County homes and district homes operated pursuant toChapter 5155. of the Revised Code;

(4) Adult care facilities as defined in section 3722.01 ofthe Revised Code;

(5) Facilities approved by the Veterans Administrationunder Section 104(a) of the "Veterans Health Care Amendments of1983," 97 Stat. 993, 38 U.S.C. 630, as amended, and usedexclusively for the placement and care of veterans.

The department shall, by rule adopted in accordance with Chapter 119.of the Revised Code, establish deadlines for payments required bythis section. A facility that fails, within ninety days after the established deadline, to pay a payment required by this section shall be assessed at two times the original invoiced payment.

(B) All money collected under this section shall bedeposited in the state treasury to the credit of the office ofthe state long-term care ombudsperson program fund,which is hereby created. Money credited to the fund shall be used solely topaythe costs of operating the regional long-term care ombudsperson programs.

(C) The state long-term care ombudsperson and theregional programs may solicit and receive contributions to support theoperation of the office or a regional program, except that nocontribution shall be solicited or accepted that would interferewith the independence or objectivity of the office or program.

Sec. 173.39. As used in sections 173.39 to 173.393 of the Revised Code, "community-based long-term care services" has the same meaning as in section 173.14 of the Revised Code.

Except as provided in section 173.392 of the Revised Code, the department of aging may not pay a person or government entity for providing community-based long-term care services under a program the department administers unless the person or government entity is certified under section 173.391 of the Revised Code and provides the services.

Sec. 173.391. (A) The department of aging or its designee shall do all of the following in accordance with Chapter 119. of the Revised Code:

(1) Certify a person or government entity to provide community-based long-term care services under a program the department administers if the person or government entity satisfies the requirements for certification established by rules adopted under division (B) of this section;

(2) When required to do so by rules adopted under division (B) of this section, take one or more of the following disciplinary actions against a person or government entity issued a certificate under division (A)(1) of this section:

(a) Issue a written warning;

(b) Require the submission of a plan of correction;

(c) Suspend referrals;

(d) Remove clients;

(e) Impose a fiscal sanction such as a civil monetary penalty or an order that unearned funds be repaid;

(f) Revoke the certificate;

(g) Impose another sanction.

(3) Hold hearings when there is a dispute between the department or its designee and a person or government entity concerning actions the department or its designee takes or does not take under division (A)(1) or (2)(c) to (g) of this section.

(B) The director of aging shall adopt rules in accordance with Chapter 119. of the Revised Code establishing certification requirements and standards for determining which type of disciplinary action to take under division (A)(2) of this section in individual situations. The rules shall establish procedures for all of the following:

(1) Ensuring that PASSPORT agencies, as defined in section 173.41 of the Revised Code, comply with that section;

(2) Evaluating the services provided to ensure that they are provided in a quality manner advantageous to the individual receiving the services;

(3) Determining when to take disciplinary action under division (A)(2) of this section and which disciplinary action to take.

(C) The procedures established in rules adopted under division (B)(2) of this section shall require that all of the following be considered as part of an evaluation:

(1) The service provider's experience and financial responsibility;

(2) The service provider's ability to comply with standards for the community-based long-term care services that the provider provides under a program the department administers;

(3) The service provider's ability to meet the needs of the individuals served;

(4) Any other factor the director considers relevant.

(D) The rules adopted under division (B)(3) of this section shall specify that the reasons disciplinary action may be taken under division (A)(2) of this section include good cause, including misfeasance, malfeasance, nonfeasance, confirmed abuse or neglect, financial irresponsibility, or other conduct the director determines is injurious to the health or safety of individuals being served.

Sec. 173.392. (A) The department of aging may pay a person or government entity for providing community-based long-term care services under a program the department administers, even though the person or government entity is not certified under section 173.391 of the Revised Code if all of the following are the case:

(1) The person or government entity has a contract with the department of aging or the department's designee to provide the services;

(2) The contract includes detailed conditions of participation for providers of services under a program the department administers and service standards that the person or government entity is required to satisfy;

(3) The person or government entity complies with the contract;

(4) The contract is not for medicaid-funded services, other than services provided under the PACE program administered by the department of aging under section 173.50 of the Revised Code.

(B) The director of aging shall adopt rules in accordance with Chapter 119. of the Revised Code governing both of the following:

(1) Contracts between the department of aging and persons and government entities regarding community-based long-term care services provided under a program the department administers;

(2) The department's payment for community-based long-term care services provided under such a contract.

Sec. 173.393. (A) Except as provided in division (B) of this section, the records of an evaluation conducted in accordance with rules adopted under division (B)(2) of section 173.391 of the Revised Code are public records for purposes of section 149.43 of the Revised Code and shall be made available on request of any person, including individuals receiving or seeking community-based long-term care services under a program the department of aging administers.

(B) A part of a record of an evaluation that is otherwise available as a public record under division (A) of this section is not available as a public record if its release would violate a federal or state statute, regulation, or rule, including regulations adopted by the United States department of health and human services to implement the health information privacy provisions of the "Health Insurance Portability and Accountability Act of 1996," 110 Stat. 1955, 42 U.S.C. 1320d, et seq., as amended.

Sec. 173.40.  There is hereby created a medicaid waivercomponent of themedicaid programestablished under Chapter 5111., as defined in section 5111.85 of the RevisedCode, to be known as thepreadmission screening system providingoptions and resources today program,or PASSPORT.The PASSPORTprogram shall provide home andcommunity-basedservices as analternative to nursing facilityplacement for aged and disabledmedicaid recipients. Theprogram shall be operated pursuant to ahome and community-basedwaiver granted by the United Statessecretary of health and humanservicesunder section 1915 of the"Social Security Act," 49 Stat.620 (1935), 42U.S.C. 1396n, asamended. The department of agingshall administer theprogramthrougha contractentered intowith thedepartmentof job andfamily servicesunder section5111.91 of the RevisedCode. Thedirectors director of aging andjob andfamily services shalladopt rules under section 5111.85 of the Revised Code and the director of aging shall adopt rulesinaccordance with Chapter 119.of the Revised Code toimplementthe program.

Sec. 5101.75 173.42 (A) As used in sections 5101.75, 5101.751,5101.752, 5101.753, and 5101.754 of the Revised Code this section:

(1)"Alternative source of long-term care" includes aresidential carefacility licensed under Chapter 3721. of theRevised Code, an adultcare facility licensed under Chapter 3722.of the Revised Code,home and community-based services, and anursinghome licensed under Chapter 3721. of the Revised Code thatis nota nursing facility Area agency on aging" means a public or private nonprofit entity designated under section 173.011 of the Revised Code to administer programs on behalf of the department of aging.

(2)"Long-term care consultation" means the process used to provide services under the long-term care consultation program established pursuant to this section, including, but not limited to, such services as the provision of information about long-term care options and costs, the assessment of an individual's functional capabilities, and the conduct of all or part of the reviews, assessments, and determinations specified in sections 5111.202, 5111.204, 5119.061, and 5123.021 of the Revised Code and the rules adopted under those sections.

(3) "Medicaid" means the medical assistance programestablished under Chapter 5111. of the Revised Code.

(3)(4)"Nursing facility" has the same meaning as in section5111.20 of the Revised Code.

(4)(5)"Representative" means a person acting on behalf ofanapplicant individual seeking a long-term care consultation, applying for admission to a nursing facility, or residing in a nursing facility. Arepresentativemay be a family member, attorney, hospital socialworker, or anyother person chosen to act on behalf of anapplicant the individual.

(5)"Third-party payment source" means a third-party payeras defined in section 3901.38 of the Revised Code or medicaid.

(B) Effective July 1, 1994, the department of job and familyservicesmay assess a person applying or intending to apply foradmission to a nursing facility who is not an applicant for orrecipient of medicaid to determine whether the person is in needof nursing facility services and whether an alternative source oflong-term care is more appropriate for the person in meeting theperson's physical, mental, and psychosocial needs than admissionto thefacility to which the person has applied.

Each assessment shall be performed by the department or anagency designatedby the department under section 5101.751 of theRevised Code and shall bebased on information provided by theperson or the person'srepresentative. It shall consider theperson's physical, mental,and psychosocial needs and theavailability and effectiveness ofinformal support and care. Thedepartment or designated agency shalldeterminethe person'sphysical, mental, and psychosocial needs by using,to the maximumextent appropriate, information from the residentassessmentinstrument specified in rules adopted by thedepartment underdivision (A) of section 5111.231 of the RevisedCode. Thedepartment or designated agency shall also use the criteria andprocedures established in rules adopted by the department underdivision (I) of this section. Assessments may be performed onlyby persons The department of aging shall develop a long-term care consultation program whereby individuals or their representatives are provided with long-term care consultations and receive through these professional consultations information about options available to meet long-term care needs and information about factors to consider in making long-term care decisions. The long-term care consultations provided under the program may be provided at any appropriate time, as permitted or required under this section and the rules adopted under it, including either prior to or after the individual who is the subject of a consultation has been admitted to a nursing facility.

(C) The long-term care consultation program shall be administered by the department of aging, except that the department may enter into a contract with an area agency on aging or other entity selected by the department under which the program for a particular area is administered by the area agency on aging or other entity pursuant to the contract.

(D) The long-term care consultations provided for purposes of the program shall be provided by individuals certified by the department under section 5101.752 173.43 ofthe Revised Code. The department or designated agency shall makearecommendation on the basis of the assessment and, not laterthanthe time the assessment is required to be performed underdivision (D) of this section, give the person assessed writtennotice of the recommendation, which shall explain the basis forthe recommendation. If the department or designated agencydeterminespursuantto an assessment that an alternative source oflong-term care ismore appropriate for the person than admissionto the facility towhich the person has applied, the department ordesignatedagency shall include in thenotice possible sources offinancial assistance for thealternative source of long-term care.If the department or designated agencyhas been informed that theperson has a representative, it shallgive the notice to therepresentative.

(C) A person (E) The information provided through a long-term care consultation shall be appropriate to the individual's needs and situation and shall address all of the following:

(1) The availability of any long-term care options open to the individual;

(2) Sources and methods of both public and private payment for long-term care services;

(3) Factors to consider when choosing among the available programs, services, and benefits;

(4) Opportunities and methods for maximizing independence and self-reliance, including support services provided by the individual's family, friends, and community.

(F) An individual's long-term care consultation may include an assessment of the individual's functional capabilities. The consultation may incorporate portions of the determinations required under sections 5111.202, 5119.061, and 5123.021 of the Revised Code and may be provided concurrently with the assessment required under section 5111.204 of the Revised Code.

(G)(1) Unless an exemption specified in division (I) of this section is applicable, each individual in the following categories shall be provided with a long-term care consultation:

(a) Individuals who apply or indicate an intention to apply for admission to a nursing facility, regardless of the source of payment to be used for their care in a nursing facility;

(b) Nursing facility residents who apply or indicate an intention to apply for medicaid;

(c) Nursing facility residents who are likely to spend down their resources within six months after admission to a nursing facility to a level at which they are financially eligible for medicaid;

(d) Individuals who request a long-term care consultation.

(2) In addition to the individuals included in the categories specified in division (G)(1) of this section, long-term care consultations may be provided to nursing facility residents who have not applied and have not indicated an intention to apply for medicaid. The purpose of the consultations provided to these individuals shall be to determine continued need for nursing facility services, to provide information on alternative services, and to make referrals to alternative services.

(H)(1) When a long-term care consultation is required to be provided pursuant to division (G)(1) of this section, the consultation shall be provided as follows or pursuant to division (H)(2) or (3) of this section:

(a) If the individual for whom the consultation is being provided has applied for medicaid and the consultation is being provided concurrently with the assessment required under section 5111.204 of the Revised Code, the consultation shall be completed in accordance with the applicable time frames specified in that section for providing a level of care determination based on the assessment.

(b) In all other cases, the consultation shall be provided not later than five calendar days after the department or the program administrator under contract with the department receives notice of the reason for which the consultation is required to be provided pursuant to division (G)(1) of this section.

(2) An individual or the individual's representative may request that a long-term care consultation be provided on a date that is later than the date required under division (H)(1)(a) or (b) of this section.

(3) If a long-term care consultation cannot be completed within the number of days required by division (H)(1) or (2) of this section, the department or the program administrator under contract with the department may do any of the following:

(a) Exempt the individual from the consultation pursuant to rules that may be adopted under division (L) of this section;

(b) In the case of an applicant for admission to a nursing facility, provide the consultation after the individual is admitted to the nursing facility;

(c) In the case of a resident of a nursing facility, provide the consultation as soon as practicable.

(I) An individual is not required to be assessed provided a long-term care consultation under division(B) of this section if any of the following apply:

(1) The circumstances individual or the individual's representative chooses to forego participation in the consultation pursuant to criteria specified by in rules adopted underdivision (I)(L) of this section exist.;

(2) The person individual is to receive care in a nursing facilityunder acontract for continuing care as defined in section 173.13of theRevised Code.;

(3) The person individual has a contractual right to admission to anursingfacility operated as part of a system of continuing careinconjunction with one or more facilities that provide a lessintensive level of services, including a residential carefacilitylicensed underChapter 3721. of the Revised Code, an adult-careadult care facilitylicensed under Chapter 3722. of the Revised Code, or anindependent living arrangement;

(4) The person individual is to receive continual care in a home forthe agedexempt from taxation under section 5701.13 of the RevisedCode;

(5) The person is to receive care in the nursing facilityfor notmore than fourteen days in order to provide temporaryrelief tothe person's primary caregiver and the nursing facilitynotifies thedepartment of the person's admittance not later thantwenty-four hoursafter admitting the person individual is seeking admission to a facility that is not a nursing facility with a provider agreement under section 5111.22 of the Revised Code;

(6) The person individual is to be transferred from another nursingfacility,unless the nursing facility from which or to which thepersonis to betransferred determines that the person's medicalconditionhas changedsubstantially since the person's admissionto the nursingfacility fromwhich the person is to be transferredor a review is requiredby athird-party payment source;

(7) The person individual is to be readmitted to a nursing facilityfollowinga period of hospitalization, unless the hospital ornursingfacility determines that the person's medical conditionhaschangedsubstantially since the person's admission to thehospital,or a review isrequired by a third-party payment source;

(8) The department or designated agency fails to complete anassessmentwithin the time required by division (D) or (E) of thissectionor determines after a partial assessment that the personshouldbe exempt from the assessment individual is exempted from the long-term care consultation requirement by the department or the program administrator pursuant to rules that may be adopted under division (L) of this section.

(D) The department or designated agency shall perform acompleteassessment, or, if circumstances provided by rulesadopted underdivision (I) of this section exist, a partialassessment, asfollows:

(1) In the case of a hospitalized person applying orintending to apply to a nursing facility, not later than twoworking days after the person or the person's representativeisnotifiedthat a bed is available in a nursing facility;

(2) In the case of an emergency as determined inaccordancewith rules adopted under division (I) of this section,not laterthan one working day after the person or theperson'srepresentative is notified that a bed is available in a nursingfacility;

(3) In all other cases, not later than five calendar daysafter the person or the person's representative who submitstheapplication is notified that a bed is available in a nursingfacility.

(E) If the department or designated agency conducts apartial assessmentunder division (D) of this section, it shallcomplete the rest ofthe assessment not later than one hundredeighty days after thedate the person is admitted to the nursingfacility unless theassessment entity determines the person shouldbe exempt from theassessment.

(F) A person assessed under this section or the person'srepresentative may file a complaint with the department about theassessment process. The department shall work to resolve thecomplaint in accordance with rules adopted under division (I) ofthis section.

(G) A person (J) At the conclusion of an individual's long-term care consultation, the department or the program administrator under contract with the department shall provide the individual or individual's representative with a written summary of options and resources available to meet the individual's needs. Even though the summary may specify that a source of long-term care other than care in a nursing facility is appropriate and available, the individual is not required to seek an alternative sourceof long-term care and may be admitted to or continue to reside ina nursing facility even though an alternative source of long-termcare is available or the person is determined pursuant to anassessmentunder this section not to need nursing facilityservices.

(H)(K) No nursing facility for which an operator has a provider agreement withthedepartment under section 5111.22 of the Revised Code shalladmitor retain any person, other than a person exempt from theassessment requirement as provided by division (C) of thissection, individual as a resident, unless the nursing facility has receivedevidence that a complete or partial assessment long-term care consultation has beencompleted for the individual or division (I) of this section is applicable to the individual.

(I)(L) The director of job and family services shallaging may adoptany rules in accordance withChapter 119. of the Revised Code toimplement and administer the director considers necessary for the implementation and administration of thissection. The rules shall includebe adopted in accordance with Chapter 119. of the Revised Code and may specify any or all of the following:

(1) The information a person being assessed or the person's representative must provide to enable the department ordesignatedagency todothe assessment;

(2) Criteria to be used to determine whether a person isinneed of nursing facility services;

(3) Criteria to be used to determine whether analternativesource of long-term care is appropriate for theperson beingassessed;

(4) Criteria and procedures to be used to determine aperson's physical, mental, and psychosocial needs;

(5) Criteria to be used to determine the effectiveness andcontinued availability of a person's current source of informalsupport and care;

(6) Circumstances, in addition to those specified indivision (C) of this section, under which a person is notrequiredto be assessed;

(7) Circumstances under which the department or designatedagency mayperform a partial assessment under division (D) of thissection;

(8) The method by which a situation will be determined tobean emergency for the purpose of division (D)(2) of thissection;

(9) The method by which the department will attempt toresolve complaints filed under division (F) of this section Procedures for providing long-term care consultations pursuant to this section;

(2) Information to be provided through long-term care consultations regarding long-term care services that are available;

(3) Criteria under which an individual or the individual's representative may choose to forego participation in a long-term care consultation;

(4) Criteria for exempting individuals from the long-term care consultation requirement;

(5) Circumstances under which it may be appropriate to provide an individual's long-term care consultation after the individual's admission to a nursing facility rather than before admission;

(6) Criteria for identifying nursing facility residents who would benefit from the provision of a long-term care consultation.

(J)(M) The director of job and family services aging may fine anursingfacility an amount determined by rules the director shalladoptin accordance with Chapter 119. of the Revised Code ineither ofthe following circumstances:

(1) The nursing facility fails to notify the departmentwithin the required time about an admission described in division(C)(5) of this section;

(2) The if the nursing facility admits or retains an individual, without evidence that acomplete or partial assessment long-term care consultation has been conducted provided, a person otherthan a person exempt from the assessment requirement as providedrequired by division (C) of this section.

The director shall deposit In accordance with section 5111.62 of the Revised Code, all fines collected under thisdivision shall be deposited into the state treasury to the credit of the residents protection fund established bysection5111.62 of the Revised Code.

Sec. 5101.752 173.43 The department of job and family servicesaging shall certifyregisterednurses licensed under Chapter 4723. ofthe Revised Code and social workersand independent social workerslicensed under Chapter 4757. of theRevised Code individuals who meetcertification requirements established by rule toperformassessments under provide long-term care consultations for purposes of section 5101.75 or 5101.754 173.42 of the Revised Code.The director of job and family services aging shall adoptrules inaccordance with Chapter 119. of theRevised Code governing thecertification process and requirements. The rulesshall specifythe education, experience, or training in geriatric long-termcarea person must have to qualify for certification.

Sec. 173.44. (A) As used in this section, "nursing home" and "residential care facility" have the same meanings as in section 3721.01 of the Revised Code.

(B) The department of aging may conduct an annual survey of nursing homes and residential care facilities. The survey shall include questions about capacity, occupancy, and private pay charges. The department may contract with an outside entity to conduct the survey and analyze the results. The results of the survey and any analysis completed by the department or its designee shall be made available to the general assembly, other state agencies, nursing home and residential care facility providers, and the general public.

(C) No nursing home or residential care facility shall recklessly fail to complete the survey.

Sec. 173.45. As used in this section and in sections 173.46 to 173.49 of the Revised Code:

(A) "Long-term care facility" means a nursing home or residential care facility.

(B) "Nursing home" and "residential care facility" have the same meanings as in section 3721.01 of the Revised Code.

(C) "Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.

Sec. 173.46. (A) The department of aging shall develop and publish a guide to long-term care facilities for use by individuals considering long-term care facility admission and their families, friends, and advisors. The guide, which shall be titled the Ohio long-term care consumer guide, may be published in printed form or in electronic form for distribution over the internet. The guide may be developed as a continuation or modification of the guide published by the department prior to the effective date of this section under rules adopted under section 173.02 of the Revised Code.

(B) The Ohio long-term care consumer guide shall include information on each long-term care facility in this state. For each facility, the guide shall include the following information, as applicable to the facility:

(1) Information regarding the facility's compliance with state statutes and rules and federal statutes and regulations;

(2) Information generated by the centers for medicare and medicaid services of the United States department of health and human services from the quality measures developed as part of its nursing home quality initiative;

(3) Results of the customer satisfaction surveys conducted under section 173.47 of the Revised Code;

(4) Any other information the department specifies in rules adopted under section 173.49 of the Revised Code.

Sec. 173.47. (A) For purposes of publishing the Ohio long-term care consumer guide, the department of aging shall conduct or provide for the conduct of an annual customer satisfaction survey of each long-term care facility. The results of the surveys may include information obtained from long-term care facility residents, their families, or both.

(B)(1) The department may charge fees for the conduct of annual customer satisfaction surveys. The department may contract with any person or government entity to collect the fees on its behalf. All fees collected under this section shall be deposited in accordance with section 173.48 of the Revised Code.

(2) The fees charged under this section shall not exceed the following amounts:

(a) Four hundred dollars for the customer satisfaction survey of a long-term care facility that is a nursing home;

(b) Three hundred dollars for the customer satisfaction survey pertaining to a long-term care facility that is a residential care facility.

(3) Fees paid by a long-term care facility that is a nursing facility shall be reimbursed through the medicaid program operated under Chapter 5111. of the Revised Code.

(C) Each long-term care facility shall cooperate in the conduct of its annual customer satisfaction survey.

Sec. 173.48. There is hereby created in the state treasury the long-term care consumer guide fund. Money collected from the fees charged for the conduct of customer satisfaction surveys under section 173.47 of the Revised Code shall be credited to the fund. The department of aging shall use money in the fund for costs associated with publishing the Ohio long-term care consumer guide, including, but not limited to, costs incurred in conducting or providing for the conduct of customer satisfaction surveys.

Sec. 173.49. The department of aging shall adopt rules as the department considers necessary to implement and administer sections 173.45 to 173.48 of the Revised Code. The rules shall be adopted under Chapter 119. of the Revised Code.

Sec. 173.50. (A) Pursuant to a contract entered into with the department of job and family services as an interagency agreement under section 5111.91 of the Revised Code, the department of aging shall carry out the day-to-day administration of the component of the medicaid program established under Chapter 5111. of the Revised Code known as the program of all-inclusive care for the elderly or PACE. The department of aging shall carry out its PACE administrative duties in accordance with the provisions of the interagency agreement and all applicable federal laws, including the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396u-4, as amended.

(B) The department of aging may adopt rules in accordance with Chapter 119. of the Revised Code regarding the PACE program, subject to both of the following:

(1) The rules shall be authorized by rules adopted by the department of job and family services.

(2) The rules shall address only those issues that are not addressed in rules adopted by the department of job and family services for the PACE program.

Sec. 173.99.  (A) A long-term care provider, person employed by a long-termcare provider, other entity, or employee of such other entity that violatesdivision (C) of section 173.24 of the Revised Code is subject to a fine not toexceed one thousand dollars for each violation.

(B) Whoever violates division (C) of section 173.23 of the Revised Code isguilty of registering a false complaint, a misdemeanor of the first degree.

(C) A long-term care provider, other entity, or person employed by a long-term care provider or other entity that violates division (E) of section 173.19 of the Revised Code by denying a representative of the office of the state long-term care ombudsperson program the access required by that division is subject to a fine not to exceed five hundred dollars for each violation.

(D) Whoever violates division (C) of section 173.44 of the Revised Code is subject to a fine of one hundred dollars.

Sec. 183.28.  The education technology trust fund is herebycreated in the state treasury. Money credited to the fund shallbe used to pay costs ofthe eTech Ohio SchoolNetcommission undersection3301.80 3353.02 of the Revised Code. Allinvestment earnings ofthe fund shallbe credited to the fund.

Sec. 184.02.  (A) The third frontier commission mayperform any act to ensure the performance of any functionnecessary or appropriate to carry out the purposes of, andexercise the powers granted under, sections 184.01 and 184.02 ofthe Revised Code. In addition, the commission may do any of thefollowing:

(1) Adopt, amend, and rescind rules under section 111.15 ofthe Revised Code for the administration of any aspect of itsoperations;

(2) Adopt bylaws governing its operations, including bylawsthat establish procedures and set policies as may be necessary toassist with the furtherance of its purposes;

(3) Appoint and set the compensation of employees needed tocarry out its duties;

(4) Contract with, retain the services of, or designate, andfix the compensation of, such financial consultants, accountants,other consultants and advisors, and other independent contractorsas may be necessary or desirable to carry out its duties;

(5) Solicit input and comments from the third frontieradvisory board, and specialized industry, professional, and otherrelevant interest groups concerning its purposes;

(6) Facilitate alignment of the state's science andtechnology programs and activities;

(7) Make grants and loans to individuals, public agencies,private companies or organizations, or joint ventures for any ofthe broad range of activities related to its purposes.

(B) The commission shall do all of the following:

(1) Establish a competitive process for the award of grantsand loans that is designed to fund the most meritorious proposalsand, when appropriate, provide for peer review of proposals;

(2) Within ninety days after the end of each fiscal year,submit to the governor and the general assembly a report of theactivities of the commission during the preceding fiscal year;

(3) With specific application to the biomedical research andtechnology transfer trust fund, periodically make strategicassessments of the types of state investments in biomedicalresearch and biotechnology in the state that would likely createjobs and business opportunities in the state and produce the mostbeneficial long-term improvements to the public health ofOhioians Ohioans, including, but not limited to, biomedical research andbiotechnology initiatives that address tobacco-related illnessesas may be outlined in any master agreement. The commission shallaward grants and loans from the fund pursuant to a processestablished under division (B)(1) of this section.

(C) Notwithstanding the authority granted to the commission under sections 184.01 to 184.04 of the Revised Code, the commission shall not make any grants or loans to individuals, public agencies, private companies or organizations, or joint ventures for any activities involving stem cell research with human embryonic tissue.

Sec. 305.171.  (A) The board of county commissioners ofany county may contract for, purchase, or otherwise procure andpay all or any part of the cost of group insurance policies thatmay provide benefits including, but not limited to,hospitalization, surgical care, major medical care, disability,dental care, eye care, medical care, hearing aids, orprescription drugs, and that may provide sickness and accidentinsurance, group legal services, or group life insurance, or acombination of any of the foregoing types of insurance orcoverage, for county officers and employees and their immediatedependents from the funds or budgets from which the county officers oremployees are compensated for services, issued by an insurancecompany.

(B) The board of county commissioners also may negotiate and contract for any planor plans of health care services with healthinsuring corporations holding acertificate of authority under Chapter 1751. of theRevised Code, provided that each county officer or employeeshall be permitted to do both of the following:

(1) Exercise an option between a plan offered by aninsurance company and such a plan or plans offered by healthinsuring corporations underthis division, on the condition that the county officer or employee shall payany amount by which the cost of the plan chosen by such the county officeror employee pursuant to this division exceeds the cost of theplan offered under division (A) of this section;

(2) Change from one of the plans to another at a time eachyear as determined by the board.

(C) Section 307.86 of the Revised Code does not apply tothe purchase of benefits for county officers or employees underdivisions (A) and (B) of this section when those benefits areprovided through a jointly administered health and welfare trustfund in which the county or contracting authority and acollective bargaining representative of the county employees orcontracting authority agree to participate.

(D) The board of trustees of a jointly administered trustfund that receives contributions pursuant to collectivebargaining agreements entered into between the board of countycommissioners of any county and a collective bargainingrepresentative of the employees of the county may provide forself-insurance of all risk in the provision of fringe benefits,and may provide through the self-insurance method specific fringebenefits as authorized by the rules of the board of trustees ofthe jointly administered trust fund. The fringe benefits mayinclude, but are not limited to, hospitalization, surgical care,major medical care, disability, dental care, vision care, medicalcare, hearing aids, prescription drugs, group life insurance,sickness and accident insurance, group legal services, or acombination of any of the foregoing types of insurance orcoverage, for county employees and their dependents.

(E) The board of county commissioners may provide thebenefits described in divisions (A) to (D) of this sectionthrough an individual self-insurance program or a jointself-insurance program as provided in section 9.833 of theRevised Code.

(F) When a board of county commissioners offers health benefits authorizedunder this section to an a county officer or employee of the county, the board mayoffer the benefits through a cafeteria plan meeting the requirements ofsection 125 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26U.S.C.A. 125, as amended, and, as part of that plan, may offer the county officer oremployee the option of receiving a cash payment in any form permissible undersuch cafeteria plans. A cash payment made to an a county officer or employee underthis division shall not exceed twenty-five per cent of the cost of premiums orpayments that otherwise would be paid by the board for benefits for the countyofficer or employee under a policy or plan.

(G) The board of county commissioners may establish a policy authorizing anycounty appointing authority to make a cash payment to any county officer or employeein lieu of providing a benefit authorized under this section if the county officer oremployee elects to take the cash payment instead of the offered benefit. Acash payment made to an a county officer or employee under this division shall notexceed twenty-five per cent of the cost of premiums or payments that otherwisewould be paid by the board for benefits for the county officer or employee under anoffered policy or plan.

(H) No cash payment in lieu of a health benefit shall be made to a countyofficer or employee under division (F) or (G) of this section unless the countyofficer or employee signs a statement affirming that the county officeror employee is covered under another health insurance or health carepolicy, contract, or plan, and setting forth the name of the employer, if any,that sponsors the coverage, the name of the carrier that provides thecoverage, and the identifying number of the policy, contract, or plan.

(I)(1) As used in this division:

(a) "County-operated municipal court" and "legislativeauthority" have the same meanings as in section 1901.03 of theRevised Code.

(b) "Health care coverage" has the same meaning as insection 1901.111 of the Revised Code.

(2) The legislative authority of a county-operatedmunicipal court, after consultation with the judges, or the clerkand deputy clerks, of the municipal court, shall negotiate andcontract for, purchase, or otherwise procure, and pay the costs,premiums, or charges for, group health care coverage for thejudges, and group health care coverage for the clerk and deputyclerks, in accordance with section 1901.111 or 1901.312 of theRevised Code.

(J) As used in this section:

(1) "County officer or employee" includes, but is not limited to, a member or employee of the county board of elections.

(2) "County-operated municipal court" and "legislative authority" have the same meanings as in section 1901.03 of the Revised Code.

(3) "Health care coverage" has the same meaning as in section 1901.111 of the Revised Code.

Sec. 305.28.  If a board of county commissioners by resolution elects to participate in a criminal justice regional information system as provided in section 2949.093 of the Revised Code, the board also shall create in its county treasury a criminal justice regional information fund. All money deposited into the fund shall be used only as provided in that section.

Sec. 306.331. Notwithstanding section 306.33 of the Revised Code, the board of trustees of any regional transit authority created by one county and two municipal corporations, with the county having a population of at least five hundred thousand according to the most recent federal census, shall be appointed and governed as provided in this section.

The board of trustees of such a regional transit authority shall consist of nine members, six of whom shall be appointed by the board of county commissioners, two of whom shall be appointed by the most populous municipal corporation that is included in the regional transit authority, and one of whom shall be appointed by the second most populous municipal corporation in the county, regardless of whether the second most populous municipal corporation in the county is a member of the regional transit authority. A trustee appointed under this section shall serve at the pleasure of the appointing authority.

The trustees of any authority first appointed under this section shall serve staggered terms. Thereafter each successor shall serve a term of three years, except that any person appointed to fill a vacancy shall be appointed to only the unexpired term. The resolutions or ordinances creating the regional transit authority may determine whether an appointed trustee is eligible for reappointment.

A majority of the board of trustees constitutes a quorum, the affirmative vote of which is necessary for any action taken by the authority. No vacancy in the board shall impair the rights of a quorum to exercise all rights and perform all the duties of the authority.

Each member of the board of trustees, before entering upon the trustee's official duties, shall take and subscribe to an oath or affirmation that the trustee will honestly, faithfully, and impartially perform the duties of office and that the trustee will not be personally interested directly or indirectly in any contract let by the regional transit authority.

After each member of the board has taken the oath as prescribed by this section, the board shall meet and organize by electing one of its members as president and another as vice-president, who shall hold their respective offices until the next annual meeting of the board as provided in its bylaws. At each annual meeting thereafter, the board shall elect from its membership a president and a vice-president who shall serve for a term of one year. The board shall hold regular and special meetings in a time, place, and manner established in its bylaws, provided that all meetings shall be open to the public except executive sessions as set forth in section 122.22 of the Revised Code.

The board shall appoint and fix the compensation of a secretary-treasurer, who shall be the fiscal officer. The secretary-treasurer shall not be a member of the board and shall serve at the pleasure of the board. Each member of the board of trustees is entitled to receive from the regional transit authority reimbursement for reasonable expenses in the performance of the trustee's duties.

Sec. 307.37. (A)As used in division (B)(3) of this section, "proposednewconstruction" means a proposal to erect, construct, repair, alter,redevelop, or maintain a single-family, two-family, orthree-family dwelling or any structure that is regulated by the Ohio building code.

(B)(1)(a) The board of county commissioners may adopt local residential building regulations governing residential buildings as defined in section 3781.06 of the Revised Code, to be enforced within the unincorporated area of the county or within districts the board establishes in any part of the unincorporated area. No local residential building regulation shall differ from the state residential building code the board of building standards establishes pursuant to Chapter 3781. of the Revised Code unless the regulation addresses subject matter not addressed by the state residential building code or is adopted pursuant to section 3781.01 of the Revised Code.

(b) The board of county commissioners may, by resolution, adopt, administer, and enforce within the unincorporated area of the county, or within districts the board establishes in the unincorporated area, an existing structures code pertaining to the repair and continued maintenance of structures and the premises of those structures provided that the existing structures code governs subject matter not addressed by, and is not in conflict with, the state residential building code adopted pursuant to Chapter 3781. of the Revised Code. The board may adopt by incorpoation incorporation by reference a model or standard code prepared and promulgated by the state, any agency of this state, or any private organization that publishes a recognized or standard existing structures code.

(c) The board shall assign the duties of administering and enforcing any local residential building regulations or existing structures code to a county officer or employee who is trained and qualified for those duties and shall establish by resolution the minimum qualifications necessary to perform those duties.

(2) The board may adopt regulations forparticipation in the national flood insurance program establishedin the"Flood Disaster Protection Act of 1973," 87 Stat. 975, 42U.S.C.A. 4002, as amended, and regulations adopted for thepurposes of section 1506.04 or 1506.07 of the Revised Codegoverning the prohibition, location, erection, construction,redevelopment, or floodproofing of new buildings or structures,substantial improvements to existing buildings or structures, orother development in unincorporated territory within flood hazardareas identified under the"Flood Disaster Protection Act of1973," 87 Stat. 975, 42 U.S.C.A. 4002, as amended, or withinLakeErie coastal erosion areas identifiedunder section 1506.06 oftheRevised Code, including, but not limited to, residential,commercial, institutional, or industrial buildings or structuresor other permanent structures, as defined in section1506.01 of the Revised Code. Rules adopted under division(B)(2)of this section shall not conflict with the state residential and nonresidentialbuilding codes adopted pursuant to section 3781.10 of the Revised Code.

(3)(a)A board may adopt regulations thatprovidefor a review of the specific effects of a proposed newconstruction onexisting surface orsubsurface drainage.Theregulations mayrequire reasonable drainage mitigation andreasonable alteration of aproposed new construction before abuildingpermit is issued in orderto prevent orcorrect anyadverseeffects that the proposed new construction mayhaveonexistingsurface or subsurface drainage. The regulations shall not be inconsistent with, more stringent than, or broader in scope than standards adopted by the natural resource conservation service in the United States department of agriculture concerning drainage or rules adopted by the environmental protection agency for reducing, controlling, or mitigating storm water runoff from construction sites, where applicable. The regulations shall allow a person who is registered under Chapter 4703. or 4733. of the Revised Code to prepare and submit relevant plans and other documents for review, provided that the person is authorized to prepare the plans and other documents pursuant to the person's registration.

(b) If regulations are adopted under division (B)(3) of thissection, the board shall specify in the regulations a procedurefor the review of the specific effects of a proposed newconstruction onexisting surface or subsurface drainage. Theprocedure shallinclude at a minimum all of the following:

(i) A meeting at which the proposed new construction shallbeexamined for those specific effects. The meeting shall be heldwithinthirty days after an application for a building permit isfiled or a review is requestedunless the applicant agrees in writing to extend that timeperiodor to postpone the meeting to another date, time, or place.Themeeting shall be scheduled within five days after anapplicationfor a building permit is filed or a review is requested.

(ii) Written notice of the date, time, and place of thatmeeting, sent by regular mail to the applicant. The writtennotice shall be mailed at least seven days before the scheduledmeeting date.

(iii) Completion of the review by the board of countycommissioners not later than thirty days after the application fora building permit is filed or a review is requested unless the applicant has agreed inwriting to extend that time period or postpone the meeting to alater time, in which case the review shall be completed not laterthan two days after the date of the meeting. A complete reviewshall include the issuance of any order of the board of countycommissioners regarding necessary reasonable drainage mitigationandnecessary reasonable alterations to the proposednewconstructionto prevent or correct any adverse effects on existingsurfaceorsubsurface drainage so long as those alterations comply with the state residential and nonresidential building codes adopted pursuant to section 3781.10 of the Revised Code. If the review is not completedwithin thethirty-day period or an extended or postponed periodthat theapplicant has agreed to, the proposed new constructionshall bedeemedto have no adverse effects on existing surface orsubsurfacedrainage, and those effects shall not be a valid basisfor the denial of abuilding permit.

(iv) A written statement, provided to the applicant at themeeting or in an order for alterations to a proposed newconstruction,informing the applicant of the right to seekappellate review ofthe denial of a building permit under division(B)(3)(b)(iii) ofthis section by filing a petition in accordancewith Chapter 2506.of the Revised Code.

(c) The regulations may authorize the board, after obtaining the advice of the county engineer, to enter intoan agreement with the countyengineer or anotherqualifiedpersonorentity to carry outany necessaryinspections and makeevaluations about what, if any,alterationsarenecessary toprevent or correct any adverseeffects that aproposednewconstruction mayhave on existingsurface orsubsurface drainage.

(d) Regulations adopted pursuant to division (B)(3) of thissection shall not apply to any property that a platting authority has approved under section 711.05, 711.09, or 711.10 of the Revised Code and shall not govern the same subject matter as the state residential or nonresidential building codes adopted pursuant to section 3781.10 of the Revised Code.

(e) As used in division (B)(3) of this section, "subsurfacedrainage" does not include a household sewage treatment system asdefined in section 3709.091 of the Revised Code.

(C)(1) Any regulation, code, or amendment may be adopted under thissection only after a public hearing at not fewer than two regular or specialsessions of the board. The board shall cause notice of any public hearing to be published inanewspaper of general circulation in the county once a week for the two consecutive weeks immediately preceding the hearing, except that if the board posts the hearing notice on the board's internet site on the world wide web, the board need publish only one notice of the hearing in a newspaper of general circulation if that newspaper notice includes the board's internet site and a statement that the notice is also posted on the internet site. Any notice of apublic hearing shall include the time, date, and place of the hearing.

(2) Any proposed regulation, code, or amendment shall be made available tothe public at the board office. The regulations or amendmentsshall take effect on the thirty-first day following the date oftheir adoption.

(D)(1) No person shall violate any regulation, code, or amendment theboard adopts under sections 307.37 to 307.40 of the Revised Code.

(2) Each day during which an illegal location, erection,construction, floodproofing, repair, alteration, development,redevelopment, or maintenance continues may be considered aseparate offense.

(E) Regulationsor amendments the board adopts pursuant to this section, with the exception of an existing structures code, donotaffect buildings or structures that exist or onwhichconstruction has begun on or before the date the board adopts the regulationoramendment.

(F)(1) The board may create a building department and employ the personnel it determines necessary to administer and enforce any local residential building regulations or existing structures code the board adopts pursuant to this section. The building department may enforce the state residential and nonresidential building codes adopted pursuant to Chapter 3781. of the Revised Code if the building department is certified pursuant to section 3781.10 of the Revised Code to enforce those codes.

(2) The board may direct the buildingdepartment, upon certification, to exercise enforcement authority and to accept andapprove plans pursuant to sections 3781.03 and 3791.04 of theRevised Code for the class of building for which the department and personnel are certified.

Sec. 307.676.  (A) As used in this section:

(1) "Food and beverages" means any raw, cooked, or processed edible substance used or intended for use in whole or in part for human consumption, including ice, water, spirituous liquors, wine, mixed beverages, beer, soft drinks, soda, and other beverages.

(2) "Convention facilities authority" has the same meaning as in section 351.01 of the Revised Code.

(3) "Convention center" has the same meaning as in section 307.695 of the Revised Code.

(B) The legislative authority of a county with a population of one million two hundred thousand or more according to the most recent federal decennial census or the most recent annual population estimate published or released by the United States census bureau at the time the resolution is adopted placing the levy on the ballot, may, by resolution adopted on or before July 1, 2008, by a majority of the members of the legislative authority and with the subsequent approval of a majority of the electors of the county voting upon it, levy a tax of not more than two per cent on every retail sale in the county of food and beverages to be consumed on the premises where sold to pay the expenses of administering the tax and to provide revenues for paying the direct and indirect costs of constructing, improving, expanding, equipping, financing, or operating a convention center. The resolution shall direct the board of elections to submit the question of levying the tax to the electors of the county at the next primary or general election in the county occurring not less than seventy-five days after the resolution is certified to the board of elections. The legislative authority shall establish all rules necessary to provide for the administration and allocation of the tax. The rules may prescribe the time for payment of the tax and may provide for imposition of a penalty, interest, or both for late payments, but any such penalty shall not exceed ten per cent of the amount of tax due and the rate at which interest accrues shall not exceed the rate per annum required under section 5703.47 of the Revised Code.

(C) A tax levied under this section shall remain in effect for the period of time specified in the resolution or ordinance levying the tax, but not for a longer period than forty years.

(D) A tax levied under this section is in addition to any other tax levied under Chapter 307., 4301., 4305., 5739., 5741., or any other chapter of the Revised Code. "Price," as defined in sections 5739.01 and 5741.01 of the Revised Code, does not include any tax levied under this section and any tax levied under this section does not include any tax imposed under Chapter 5739. or 5741. of the Revised Code.

(E) Any amount collected from a tax levied under this section may be contributed to a convention facilities authority created before July 1, 2005, but no amount collected from a tax levied under this section may be contributed to a convention facilities authority, corporation, or other entity created after July 1, 2005, unless the mayor of the municipal corporation in which the convention center is to be operated by that convention facilities authority, corporation, or other entity has consented to the creation of that convention facilities authority, corporation, or entity.

(F) The levy of any taxes under Chapter 5739. of the Revised Code on the same transactions subject to a tax under this section does not prevent the levy of a tax under this section.

Sec. 307.695.  (A) As used in this section, "conventioncenter" means any structure expressly designed and constructedforthe purposes of presenting conventions, public meetings, andexhibitions and includes parking facilities that serve the centerand any personal property used in connection with any suchstructure or facilities.

(B) A board of county commissioners may enter into anagreement with a convention and visitors' bureau operating in thecounty under which:

(1) The bureau agrees to construct and equip a conventioncenter in the county and to pledge and contribute from the taxrevenues received by it under division (A) of section5739.09 ofthe Revised Code, not more than such portion thereof that it isauthorized to pledge and contribute for the purposedescribed indivision (C) of this section; and

(2) The board agrees to levy a tax under division (C) ofsection5739.09 of the Revised Code and pledge andcontributetherevenues therefrom for the purpose described indivision (C)ofthis section.

(C) The purpose of the pledges and contributions describedin divisions (B)(1) and (2) of this section is payment ofprincipal, interest, and premium, if any, on bonds and notesissued by or for the benefit of the bureau to finance theconstruction and equipping of a convention center. The pledgesand contributions provided for in the agreement shall be for theperiod stated in the agreement, but not to exceed thirty years.Revenues determined from time to time by the board to be neededtocover the real and actual costs of administering the taximposedby division (C) of section5739.09 of the Revised Codemay not bepledged or contributed. The agreement shall providethat any suchbonds and notes shall be secured by a trustagreement between thebureau or other issuer acting for thebenefit of the bureau and acorporate trustee that is a trustcompany or bank having thepowers of a trust company within orwithout the state, and thetrust agreement shall pledge or assignto the retirement of thebonds or notes, all moneys paid by thecounty under this section.A tax the revenues from which arepledged under an agreemententered into by a board of countycommissioners under this sectionshall not be subject todiminution by initiative or referendum, ordiminution by statute,unless provision is made therein for anadequate substitutetherefor reasonably satisfactory to thetrustee under the trustagreement that secures the bonds andnotes.

(D) A pledge of money by a county under this section shallnot be indebtedness of the county for purposes of Chapter 133. ofthe Revised Code.

(E) If the terms of the agreement so provide, the board ofcounty commissioners may acquire and lease real property to theconvention bureau as the site of the convention center. Theleaseshall be for a term not to exceed thirty years and shall beonsuch terms as are set forth in the agreement. The purchaseandlease are not subject to the limitations of sections 307.02and307.09 of the Revised Code.

(F) In addition to the authority granted to a board of county commissioners under divisions (B) to (E) of this section, a board of county commissioners in a county with a population of one million two hundred thousand or more may establish and provide local funding options for constructing and equipping a convention center.

Sec. 307.86.  Anything to be purchased, leased, leased withan option or agreement to purchase, or constructed, including,butnot 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 countyor contracting authority, as defined in section 307.92 of theRevised Code, at a cost in excess of twenty-five thousand dollars,exceptas otherwise provided in division (D) of section 713.23 andinsections 125.04, 125.60 to 125.6012, 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,and6137.05 of the Revised Code, shall be obtained throughcompetitive bidding. However, competitive bidding is notrequiredwhen any of the following applies:

(A) The board of county commissioners, by a unanimous voteof its members, makes a determination that a real and presentemergency exists, and that determination and thereasons for itare entered in the minutes of the proceedings of the board, wheneither ofthe following applies:

(1) The estimated cost is less than fifty thousanddollars.

(2) There is actual physical disaster to structures, radiocommunicationsequipment, or computers.

For purposes of this division, "unanimous vote" means allthree members ofa board of county commissioners when all threemembers are present, or twomembers of the board if only twomembers, constituting a quorum, are present.

Whenever a contract of purchase, lease, or construction isexempted from competitive bidding under division (A)(1) of thissection because the estimated cost is less than fifty thousanddollars, but the estimated cost is twenty-five thousand dollars ormore,the county or contracting authority shall solicit informalestimates from no fewer than three persons who could perform thecontract, before awarding the contract. With regard to each suchcontract, the county or contracting authority shall maintain arecord of such estimates, including the name of each person fromwhom an estimate is solicited. The county or contractingauthority shall maintain the record for the longerof at least oneyear afterthe contract is awarded or the amount of time thefederal governmentrequires.

(B)(1) The purchase consists of supplies or a replacement orsupplemental part or parts for a product or equipment owned orleased by the county, and the only source of supply for thesupplies, part, or parts is limited to a single supplier.

(2) The purchase consists of services related to information technology, such as programming services, that are proprietary or limited to a single source.

(C) The purchase is from the federal government, the state,another county or contracting authority of another county, or aboard ofeducation, township, or municipal corporation.

(D) The purchase is made by a county department of job and family services under section 329.04 of the Revised Code and consists of family services duties or workforce developmentactivities or is made by a county board of mental retardation and developmental disabilities under section 5126.05 of the Revised Code and consists of program services, such as direct andancillary client services,child care, case managementservices, residential services,and family resource services.

(E) The purchase consists ofcriminal justice services,social services programs, family services,or workforcedevelopment activities bythe board of county commissioners fromnonprofit corporations orassociations under programsfunded bythefederal governmentor by state grants.

(F) The purchase consists of any form of an insurancepolicyor contract authorized to be issued under Title XXXIX oftheRevised Code or any form of health care planauthorized to beissued under Chapter 1751. of the Revised Code, or anycombinationof such policies,contracts, or plans that the contractingauthority is authorizedto purchase, and the contracting authoritydoes all of thefollowing:

(1) Determines that compliance with the requirements ofthissection would increase, rather than decrease, the cost ofthepurchase;

(2) Employs a competent consultant to assist thecontractingauthority in procuring appropriate coverages at thebest andlowest prices;

(3) Requests issuers ofthe policies, contracts, orplansto submit proposals to the contracting authority, in a formprescribed by the contracting authority, setting forth thecoverage and cost ofthe policies, contracts, or plans as thecontracting authority desires to purchase;

(4) Negotiates withthe issuers for the purpose ofpurchasingthe policies, contracts, or plans at the best andlowest price reasonably possible.

(G) The purchase consists of computer hardware, software,orconsulting services that are necessary to implement acomputerizedcase management automation project administered bythe Ohioprosecuting attorneys association and funded by a grantfrom thefederal government.

(H) Child care services are purchased for provision tocounty employees.

(I)(1) Property, including land, buildings, and other realproperty, is leased for offices, storage, parking, or otherpurposes, and all of the following apply:

(a) The contracting authority is authorized by the RevisedCode to lease theproperty.

(b) The contracting authority develops requests forproposals for leasing the property, specifying the criteria thatwill be considered prior to leasing the property, including thedesired size and geographic location of the property.

(c) The contracting authority receives responses fromprospective lessors with property meeting the criteria specifiedin the requests for proposals by giving notice in a mannersubstantially similar to the procedures established for givingnotice under section 307.87 of the Revised Code.

(d) The contracting authority negotiates with theprospective lessors to obtain a lease at the best and lowestpricereasonably possible considering the fair market value oftheproperty and any relocation and operational costs that may beincurredduring the period the lease is in effect.

(2) The contracting authority may use the services of arealestate appraiser to obtain advice, consultations, or otherrecommendations regarding the lease of property under thisdivision.

(J) The purchase is made pursuant to section 5139.34 orsections5139.41 to 5139.46 of the Revised Code and is of programsor services thatprovide casemanagement, treatment, or preventionservices to any felony or misdemeanantdelinquent, unruly youth,or status offender under the supervision of thejuvenile court,including, but not limited to, communityresidential care, daytreatment, services to children in their home, orelectronicmonitoring.

(K) The purchase is made by a public children servicesagency pursuant tosection 307.92 or 5153.16 of the Revised Codeand consists offamily services,programs, or ancillary servicesthat provide case management, prevention, ortreatment servicesfor children at risk of being or alleged to be abused,neglected,or dependent children.

(L) The purchase is to obtain the services of emergency medical service organizations under a contract made by the board of county commissioners pursuant to section 307.05 of the Revised Code with a joint emergency medical services district.

Any issuer of policies, contracts, or plans listed indivision (F) of this section and any prospective lessor underdivision (I) ofthis section may have the issuer's or prospectivelessor'sname and address, or the name and addressof an agent,placed on a specialnotification list to be kept by thecontracting authority, bysending the contracting authoritythatname and address. Thecontracting authority shall sendnotice toall persons listed onthe special notification list.Notices shallstate the deadlineand place for submittingproposals. Thecontracting authorityshall mail the notices atleast six weeksprior to the deadlineset by the contractingauthority forsubmitting proposals. Every five years thecontracting authoritymay review this listand remove any personfrom the list aftermailing the personnotification ofthataction.

Any contracting authority that negotiates a contract underdivision (F) of this section shall request proposals andrenegotiate with issuers in accordance with that division atleastevery three years from the date of the signing of such acontract.

Any consultant employed pursuant to division (F) of thissection and any real estate appraiser employed pursuant todivision (I) ofthis section shall disclose any fees orcompensation received from anysource in connection with thatemployment.

Sec. 307.88.  (A) Bids submitted pursuant to sections307.86 to 307.92 of the Revised Code shall be in a formprescribed by the contracting authority and filed in a sealedenvelope at the time and place mentioned in the advertisement notice.The bids received shall be opened and tabulated at the timestated in the notice. Each bid shall contain the full name ofeach person submitting the bid. Except as otherwise provided indivision (B) of this section, if If the bid is in excess of ten twenty-fivethousand dollars and for a contract for the construction,demolition, alteration, repair, or reconstruction of animprovement, it shall meet the requirements of section 153.54 ofthe Revised Code. If the bid is in excess of ten twenty-five thousanddollars and for any other contract authorized by sections 307.86to 307.92 of the Revised Code, it shall be accompanied by a bondor certified check, cashier's check, or money order on a solventbank or savings and loan association in a reasonable amountstated in the advertisement notice but not to exceed five per cent ofthe bid, conditioned that he shall the bidder, if histhe bidder's bid is accepted, shall execute a contract in conformity to theinvitation and his the bid.

(B) The board of county commissioners may, by a unanimousvote of the entire board, may permit a contracting authority toexempt a bid from any or all of the requirements of section153.54 of the Revised Code if the estimated cost is less thantwenty-five thousand dollars or less. If the board exempts a bid fromany but not all of these those requirements, the bid notice publishedin the newspaper pursuant to section 307.87 of the Revised Codeshall state the specific bid guaranty requirements that apply.If the board exempts a bid from all requirements of section153.54 of the Revised Code, the notice shall state that none ofthe requirements of that section apply.

Sec. 317.08. (A) Except as provided indivisions(C) and (D) of thissection, the county recorder shall keepsixseparate setsofrecords as follows:

(1) A record of deeds, in which shall be recorded alldeedsand other instruments of writing for the absolute andunconditional sale or conveyance of lands, tenements, andhereditaments; all notices as provided in sections 5301.47 to5301.56 of the Revised Code; all judgments or decrees in actionsbrought under section 5303.01 of the Revised Code; alldeclarations and bylaws, and all amendments to declarations andbylaws, as provided in Chapter 5311. of theRevised Code;affidavits as provided in section 5301.252 ofthe RevisedCode; all certificates as provided in section5311.17 of theRevised Code; all articles dedicatingarchaeological preservesaccepted by the director of the Ohiohistorical society undersection 149.52 of the Revised Code; allarticles dedicating naturepreserves accepted by the director ofnatural resources undersection 1517.05 of the Revised Code; allagreements for theregistration of lands as archaeological orhistoric landmarksunder section 149.51 or 149.55 of the RevisedCode; allconveyances of conservation easements and agriculturaleasementsunder section5301.68 of the Revised Code; allinstrumentsextinguishing agriculturaleasements under section901.21 or5301.691 of the Revised Code or pursuant toterms ofsuch aneasement granted to a charitable organization undersection5301.68 of the Revised Code; all instruments or ordersdescribedin division (B)(1)(c)(ii) of section 5301.56 of theRevised Code;all no further action letters issued under section122.654 or3746.11 of theRevised Code;all covenants not to sueissued undersection3746.12 of theRevised Code, including allcovenantsnotto sue issued pursuant to section 122.654 of theRevised Code;anyrestrictions on the use of property contained ina no furtheraction letter issued under section 122.654 of theRevised Code,any restrictions on the use ofpropertyidentifiedpursuant todivision (C)(3)(a) of section3746.10 of theRevisedCode, and any restrictions on the use of property contained in a deed or other instrument as provided in division (E) or (F) of section 3737.882 of the Revised Code; any easement executed or granted under section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code; any environmental covenant entered into in accordance with sections 5301.80 to 5301.92 of the Revised Code; allmemoranda of trust, asdescribed in division (A)ofsection5301.255 of the RevisedCode, that describe specificrealproperty; and all agreementsentered into under division (A)ofsection 1521.26 ofthe Revised Code;

(2) A record of mortgages, in which shall be recorded allofthe following:

(a) All mortgages, including amendments, supplements,modifications, and extensions of mortgages, or other instrumentsof writing by which lands, tenements, or hereditaments are or maybe mortgaged or otherwise conditionally sold, conveyed, affected,or encumbered;

(b) All executory installment contracts for the sale oflandexecuted after September 29, 1961, that by their terms arenotrequired to be fully performed by one or more of the partiestothem within one year of the date of the contracts;

(c) All options to purchase real estate, includingsupplements, modifications, and amendments of the options, but nooption of that nature shall be recorded if it does not state aspecific day and year of expiration of its validity;

(d) Any tax certificate sold under section 5721.33 of theRevised Code,or memorandumof it, that is presented forfilingof record.

(3) A record of powers of attorney, including allmemorandaof trust, as described in division (A) of section5301.255 of theRevised Code, that do not describe specific realproperty;

(4) A record of plats, in which shall be recorded allplatsand maps of town lots, of the subdivision of town lots, andofother divisions or surveys of lands, any center line survey ofahighway located within the county, the plat of which shall befurnished by the director of transportation or county engineer,and all drawingsand amendments to drawings, as provided inChapter 5311. of the RevisedCode;

(5) A record of leases, in which shall be recorded allleases, memoranda of leases, and supplements, modifications, andamendments of leases and memoranda of leases;

(6) A record of declarationsexecuted pursuant to section2133.02 of theRevised Codeand durable powers of attorney forhealth care executed pursuant to section1337.12 of the RevisedCode.

(B) All instruments or memoranda of instruments entitled torecord shall be recorded in the proper record in the order inwhich they are presented for record. The recorder may index,keep, and record in one volume unemployment compensation liens,internal revenue tax liens and other liens in favor of the UnitedStates as described in division (A) of section 317.09 of theRevised Code, personal tax liens, mechanic's liens, agriculturalproduct liens, notices of liens, certificates of satisfaction orpartial release of estate tax liens, discharges of recognizances,excise and franchise tax liens on corporations, broker's liens,and liensprovided for in sections 1513.33, 1513.37, 3752.13,5111.021 5111.022, and5311.18of the Revised Code.

The recording of an option to purchase real estate,includingany supplement, modification, and amendment of theoption, underthis section shall serve as notice to any purchaserof an interestin the real estate covered by the option onlyduring the period ofthe validity of the option as stated in theoption.

(C) In lieu of keeping the six separatesets of recordsrequired in divisions (A)(1) to(6) of this section and therecordsrequired in division(D) of this section, a countyrecorder mayrecord all the instruments required to be recorded bythissectionin two separate sets of record books. One set shallbecalled the"official records" and shall contain the instrumentslisted indivisions (A)(1),(2),(3),(5),and (6)and(D) of this section. Thesecond set of records shallcontain the instruments listed indivision(A)(4) of thissection.

(D) Except as provided in division(C)of thissection, thecounty recorder shall keep a separate set of recordscontainingall corrupt activity lien notices filed with therecorder pursuantto section 2923.36 of the Revised Code and aseparate set ofrecords containing all medicaid fraud liennoticesfiled with therecorder pursuant to section 2933.75 ofthe RevisedCode.

Sec. 317.36. (A) The county recorder shall collect the low- and moderate-income housing trust fund fee as specified in sections 317.32, 1563.42, 1702.59, 2505.13, 4141.23, 4509.60, 5111.021 5111.022, 5310.15, 5719.07, 5727.56, 5733.18, 5733.22, 6101.09, and 6115.09 of the Revised Code. The amount of any housing trust fund fee the recorder is authorized to collect is equal to the amount of any base fee the recorder is authorized to collect for services. The housing trust fund fee shall be collected in addition to the base fee.

(B) The recorder shall certify the amounts collected as housing trust fund fees pursuant to division (A) of this section into the county treasury as housing trust fund fees to be paid to the treasurer of state pursuant to section 319.63 of the Revised Code.

Sec. 319.20.  After complying with sections 319.202,315.251, and 319.203 of theRevised Code, and on application and presentation of title, withthe affidavits required by law, or the proper order of a court,bearing the last known address of the grantee, or of any one ofthe grantees named in the title, and a reference to the volumeand page of the recording of the next preceding recordedinstrument by or through which the grantor claims title, thecounty auditor shall transfer any land or town lot or partthereof, minerals therein, or mineral rights thereto, chargedwith taxes on the tax list, from the name in which it stands intothe name of the owner, when rendered necessary by a conveyance,partition, devise, descent, or otherwise. If by reason of theconveyance or otherwise, a part only of a tract or lot, mineralstherein, or mineral rights thereto, as charged in the tax list,is to be transferred, the auditor shall determine the tax valueof the part of a tract or lot of real estate, minerals therein,or mineral rights thereto, so transferred, and the value of theremaining part compared with the value of the whole.

Whenever a part only of a tract or lot of real estate hasbeen transferred by the auditor and such the tract or lot bearsunpaid taxes, penalties, interest, or special assessments, theunpaid taxes, penalties, interest, or special assessments shallimmediately be apportioned, upon demand or request by thetransferee or remaining owner, in the following manner:

(A) The auditor shall allocate to the part so transferred,and to the remaining part, amounts of any current or delinquenttaxes, interest, or penalties that have accrued against theparcel as a whole, proportionate to their respective values.

(B) The lien of taxes, penalties, interest, and specialassessments, as levied against the original tract, shall extendto the part so transferred and the part remaining only to theextent of the amounts so allocated to the respective parts.

This section does not change the total amount of taxes,special assessments, or other charges as originally levied, orthe total amount of the balance due. The auditor shall certifysuch apportionments to the county treasurer.

Whenever the state acquires an entire parcel or a part onlyof a parcel of real property in fee simple, the county auditor,upon application of the grantor or property owner or the state,which application shall contain a description of the property asit appears on the tax list and the date of transfer of ownership,shall prepare an estimate of the taxes that are a lien on saidthe property, but have not been determined, assessed, and levied forthe year in which the property was acquired. The county auditorshall thereupon apportion such the estimated taxes proportionatelybetween the grantor and the state for the period of the lien yearthat each had or shall have had ownership or possession of theproperty, whichever is earlier. The county treasurer shall accept payment from the state for estimated taxes at the time that the real property is acquired. If the state has paid in full in the year in which the property is acquired that proportion of the estimated taxes that the tax commissioner determines are not subject to remission by the county auditor for such year under division (C) of section 5713.08 of the Revised Code, the estimated taxes paid shall be considered the tax liability on the exempted property for that year.

Section 319.42 of the Revised Code applies to theapportionment of special assessments.

Complaint against such values as determined by the auditoror the allocation of assessments by the certifying authority maybe filed by the transferee or the remaining owner, and if filed,proceedings including appeals shall be had in the manner andwithin the time provided by sections 5717.01 to 5717.06 and5715.19 to 5715.22 of the Revised Code, for complaints againstvaluation or assessment of real property.

The auditor shall endorse on the deed or other evidences oftitle presented to the auditor that the proper transfer of the realestate described in such the deed has been made in the auditor's officeor thatit is not entered for taxation, and sign the auditor's name to suchthe deed. The address of the grantee, or any one of the grantees, set forthin the deed or other evidences of title shall be entered by theauditor on the transfer sheets and on the general tax list ofreal property prepared pursuant to section 319.28 of theRevised Code.

Sec. 319.302. (A)(1) Real property that is not intended primarily for use in a business activity shall qualify for a partial exemption from real property taxation. For purposes of this partial exemption, "business activity" includes all uses of real property, except farming; leasing property for farming; occupying or holding property improved with single-family, two-family, or three-family dwellings; leasing property improved with single-family, two-family, or three-family dwellings; or holding vacant land that the county auditor determines will be used for farming or to develop single-family, two-family, or three-family dwellings. For purposes of this partial exemption, "farming" does not include land used for the commercial production of timber that is receiving the tax benefit under section 5713.23 or 5713.31 of the Revised Code and all improvements connected with such commercial production of timber.

(2) Each year, the county auditor shall review each parcel of real property to determine whether it qualifies for the partial exemption provided for by this section as of the first day of January of the current tax year.

(B) After complying with section 319.301 of theRevised Code, thecounty auditor shall reduce the remaining sumsto be levied against each parcel of real property that is listed on thegeneral tax list and duplicate of real and public utilityproperty for the current tax year and that qualifies for partial exemption under division (A) of this section, and against each manufacturedand mobile home that istaxed pursuant to division (D)(2) of section4503.06 of the Revised Code and that is on themanufactured home tax list for the current tax year, by ten percent, to provide a partial exemption for that parcel or home. Except as otherwise provided in sections 323.152, 323.158, 505.06,and 715.263 of the Revised Code, theamount of the taxes remaining after any such reduction shall be thereal and public utility property taxes charged and payable on each parcel of real property, including property that does not qualify for partial exemption under division (A) of this section, and themanufactured home tax charged and payable, oneach property manufactured or mobile home, and shall be the amounts certified to the countytreasurer for collection. Upon receipt of the tax duplicate, thetreasurer shall certify to the tax commissioner the total amountby which taxes were reduced under this section, as shown onthe duplicate. Such reduction shall not directly or indirectlyaffect the determination of the principal amount of notes thatmay be issued in anticipation of any tax levies or the amount ofbonds or notes for any planned improvements. If afterapplication of sections 5705.31 and 5705.32 of the Revised Codeand other applicable provisions of law, including divisions (F) and (I) ofsection 321.24 of the Revised Code, there would be insufficientfunds for payment of debt charges on bonds or notes payable fromtaxes reduced by this section, the reduction of taxes providedfor in this section shall be adjusted to the extent necessary toprovide funds from such taxes.

(C) The tax commissioner may adopt rules governing the administration of the partial exemption provided for by this section.

(D) The determination of whether property qualifies for partial exemption under division (A) of this section is solely for the purpose of allowing the partial exemption under division (B) of this section.

Sec. 321.24.  (A) On or before the fifteenth day ofFebruary, in each year, the county treasurer shall settle withthecounty auditor for all taxes and assessments that thetreasurerhascollected on the general duplicate of real and public utilityproperty at the time of making the settlement.

(B) On or before the thirtieth day of June, in each year,the treasurer shall settle with the auditor for all advancepayments of general personal and classified property taxes thatthe treasurer has received at the time of making thesettlement.

(C) On or before the tenth day of August, in each year,thetreasurer shall settle with the auditor for all taxes andassessments that the treasurer has collected on the generalduplicates ofreal and public utility property at the time ofmaking suchsettlement, not included in the preceding Februarysettlement.

(D) On or before the thirty-first day of October, in eachyear, the treasurer shall settle with the auditor for all taxesthat the treasurer has collected on the general personal andclassifiedproperty duplicates, and for all advance payments ofgeneralpersonal and classified property taxes, not included inthepreceding June settlement, that the treasurer has received atthe time ofmaking such settlement.

(E) In the event the time for the payment of taxes isextended, pursuant to section 323.17 of the Revised Code, thedateon or before which settlement for the taxes so extended mustbemade, as herein prescribed, shall be deemed to be extended foralike period of time. At each such settlement, the auditorshallallow to the treasurer, on the moneys received or collectedandaccounted for by the treasurer, thetreasurer's fees, at therate or percentageallowed by law, at a full settlement of thetreasurer.

(F) Within thirty days after the day of each settlement oftaxes required under divisions (A) and (C) of this section, thetreasurer shall certify to the tax commissioner any adjustmentswhich that have been made to the amount certified previously pursuantto section 319.302 of the Revised Code and that the settlementhasbeen completed. Upon receipt of such certification, thecommissioner shall provide for payment to the county treasurerfrom the general revenue fund of an amount equal to one-half ofthe amount certified by the treasurer in the preceding tax yearunder section 319.302 of the Revised Code, less one-half of the amount computed for all taxing districts in that county for the current fiscal year under section 5703.80 of the Revised Code for crediting to the property tax administration fund. Such payment shall becredited upon receipt to the county's undivided income tax fund,and the county auditor shall transfer to the county general fundfrom the amount thereof the total amount of all fees and chargeswhich the auditor and treasurer would have been authorized toreceive had such section not been in effect and thatamount hadbeen levied and collected as taxes. The county auditor shalldistribute the amount remaining among the various taxingdistrictsin the county as if it had been levied, collected, andsettled asreal property taxes. The amount distributed to each taxing district shall be reduced by the total of the amounts computed for the district under divisions (A), (B), and (C) of section 5703.80 of the Revised Code, but the reduction shall not exceed the amount that otherwise would be distributed to the taxing district under this division. The tax commissioner shall make available to taxing districts such information as is sufficient for a taxing district to be able to determine the amount of the reduction in its distribution under this section.

(G)(1) Within thirty days after the day of the settlementrequired in division (D) of this section, the county treasurer shall notify the tax commissioner that the settlement has beencompleted. Upon receipt of that notification, the commissionershall provide for payment to the county treasurer from thegeneralrevenue fund of an amount equal to the amount certified under former section319.311 of theRevised Code and paid in the state's fiscal year 2003 multiplied by the percentage specified in division (G)(2) of this section. The paymentshall be creditedupon receipt to the county's undivided incometax fund, and thecounty auditor shall distribute the amountthereof among thevarious taxing districts of the county as if ithad been levied,collected, and settled as personal propertytaxes. The amountreceived by a taxing district under thisdivision shall beapportioned among its funds in the sameproportion as the currentyear's personal property taxes areapportioned.

(2) Payments required under division (G)(1) of this section shall be made at the following percentages of the amount certified under former section 319.311 of the Revised Code and paid under division (G)(1) of this section in the state's fiscal year 2003:

(a) In fiscal year 2004, ninety per cent;

(b) In fiscal year 2005, eighty per cent;

(c) In fiscal year 2006, seventy sixty-four per cent;

(d) In fiscal year 2007, sixty forty per cent;

(e) In fiscal year 2008, fifty thirty-two per cent;

(f) In fiscal year 2009, forty sixteen per cent;

(g) In fiscal year 2010, thirty per cent;

(h) In fiscal year 2011, twenty per cent;

(i) In fiscal year 2012, ten per cent.

After fiscal year 2012 2009, no payments shall be made under division (G)(1) of this section.

(H)(1) On or before the fifteenth day of April eachyear,the county treasurer shall settle with the county auditor for allmanufactured home taxes that the county treasurer hascollected onthemanufactured home tax duplicate at the time of making thesettlement.

(2) On or before the fifteenth day of September each year,thecounty treasurer shall settle with the county auditor for allremaining manufactured home taxes that the countytreasurer hascollected on the manufactured home tax duplicate atthe time ofmaking the settlement.

(3) If the time for payment of such taxes is extended undersection 4503.06 of the Revised Code, the time for making thesettlement as prescribed by divisions (H)(1) and (2) of thissection is extended for a like period of time.

(I) Within thirty days after the day of each settlement oftaxes required under division (H) of this section, the county treasurershall certify to the tax commissioner any adjustments that havebeen made to the amount certified previously pursuant to section319.302 of the Revised Code and that the settlement has beencompleted. Upon receipt of such certification, the commissionershall provide for payment to the county treasurer from the generalrevenue fund of an amount equal to one-half of the amountcertified by the treasurer in the current tax year under section319.302 of the Revised Code. Such payment shall be credited uponreceipt to the county's undivided income tax fund, and the countyauditor shall transfer to the county general fund from the amountthereof the total amount of all fees and charges that the auditorand treasurer would have been authorized to receive had suchsection not been in effect and that amount had been levied andcollected as taxes. The county auditor shall distribute theamount remaining among the various taxing districts in the countyas if it had been levied, collected, and settled as manufacturedhome taxes.

Sec. 323.01.  Except as otherwise provided, as used inChapter 323. of the Revised Code:

(A) "Subdivision" means any county, township, schooldistrict, or municipalcorporation.

(B) "Municipal corporation" includes chartermunicipalities.

(C) "Taxes" means the total amount of all charges againstan entry appearing on a tax list and the duplicate thereof thatwas prepared and certified in accordance with section 319.28 ofthe Revised Code, including taxes levied against real estate;taxes on property whose value is certified pursuant to section5727.23 of the Revised Code; recoupment charges applied pursuantto section 5713.35 of the Revised Code; all assessments;penalties and interest charged pursuant to section 323.121 of theRevised Code; charges added pursuant to section 319.35 of theRevised Code; and all of such charges which remain unpaid fromany previous tax year.

(D) "Current taxes" means all taxes charged against anentry on the general tax list and duplicate of real and publicutility property that have not appeared on such list andduplicate for any prior tax year and any penalty thereon chargedby division (A) of section 323.121 of the Revised Code. Currenttaxes, whether or not they have been certified delinquent, becomedelinquent taxes if they remain unpaid after the last dayprescribed for payment of the second installment of current taxeswithout penalty.

(E) "Delinquent taxes" means:

(1) Any taxes charged against an entry on the general taxlist and duplicate of real and public utility property that werecharged against an entry on such list and duplicate for a priortax year and any penalties and interest charged against suchtaxes.

(2) Any current taxes charged on the general tax list andduplicate of real and public utility property that remain unpaidafter the last day prescribed for payment of the secondinstallment of such taxes without penalty, whether or not theyhave been certified delinquent, and any penalties and interestcharged against such taxes.

(F) "Current tax year" means, with respect to particulartaxes, the calendar year in which the first installment of taxesis due prior to any extension granted under section 323.17 of theRevised Code.

(G) "Liquidated claim" means:

(1) Any sum of money due and payable, upon a writtencontractual obligation executed between the subdivision and thetaxpayer, but excluding any amount due on general and specialassessment bonds and notes;

(2) Any sum of money due and payable, fordisability financial assistance or disability medical assistance provided under Chapter5115. of the Revised Code that is furnished to or in behalf ofa subdivision, provided that such claim is recognized by aresolution or ordinance of the legislative body of suchsubdivision;

(3) Any sum of money advanced and paid to or received andused by a subdivision, pursuant to a resolution or ordinance ofsuch subdivision or its predecessor in interest, and the moralobligation to repay which sum, when in funds, shall be recognizedby resolution or ordinance by the subdivision.

Sec. 323.152.  In addition to the reduction in taxesrequiredunder section 319.302 of the Revised Code, taxes shallbe reducedas provided in divisions (A) and(B) of this section.

(A)(1) Division (A) of thissection applies to any of thefollowing:

(a) A person who is permanently and totally disabled;

(b) A person who is sixty-five years of age or older;

(c) A person who is the surviving spouse of a deceasedperson who was permanently and totally disabled or sixty-fiveyears of age or older and who applied and qualified for areduction in taxes under this division in the year of death,provided thesurviving spouse is at least fifty-nine but notsixty-five or more years ofage on the date the deceased spousedies.

(2) Real property taxes on a homestead owned and occupied,or ahomestead in a housing cooperative occupied, by aperson towhom division (A) of this sectionapplies shall be reduced foreach year for which the owner obtains a certificate of reductionfrom the county auditor under section 323.154 of the RevisedCodeor for which the occupant obtains a certificate of reduction inaccordance withsection 323.159 of the Revised Code. Thereductionshall equal the amount obtained bymultiplying the taxrate for the tax year for which thecertificate is issued by thereduction in taxable value shown inthe following schedule:


Reduce Taxable Value
Total Incomeby the Lesser of:


$11,900 or less$5,000 or seventy-five per cent
More than $11,900 but not more than $17,500$3,000 or sixty per cent
More than $17,500 but not more than $23,000$1,000 or twenty-five per cent
More than $23,000 -0-

(3) Each calendar year, the taxcommissioner shall adjustthe foregoing scheduleby completing thefollowingcalculationsin September of each year:

(a) Determine the percentage increase in the grossdomesticproduct deflator determined by the bureau of economicanalysis ofthe UnitedStates department of commercefrom the first day ofJanuary ofthe preceding calendar year to the last day ofDecember of thepreceding calendaryear;

(b) Multiply that percentage increase by each ofthe totalincome amounts, and by each dollar amount by which taxable valueisreduced, for the current tax year;

(c) Add the resulting product to each of the totalincomeamounts, and to each of the dollar amounts by which taxable valueisreduced, for the current tax year;

(d)(i) Except as provided in division (A)(3)(d)(ii) of this section, round the resulting sum to the nearestmultiple of onehundred dollars;

(ii) If rounding the resulting sum to the nearest multiple of one hundred dollars under division (A)(3)(d)(i) of this section does not increase the dollar amounts by which taxable value is reduced, the resulting sum instead shall be rounded to the nearest multiple of ten dollars.

The commissioner shall certify the amounts resulting fromtheadjustment to each county auditor not later than the firstday ofDecember each year. Thecertified amounts apply to the followingtax year. Thecommissioner shall not make the adjustment in anycalendar yearin which the amounts resulting from the adjustmentwould be lessthan the total income amounts, or less than thedollar amounts by whichtaxable value is reduced, for the currenttax year.

(B) Real To provide a partial exemption, real property taxes on any homestead, and manufacturedhometaxes on any manufactured or mobile home on which amanufactured home tax isassessed pursuant to division (D)(2) ofsection 4503.06 of theRevised Code, shall be reduced for eachyear forwhich the owner obtains a certificate ofreduction fromthe county auditor under section 323.154 of theRevised Code. Theamount of the reduction shall equal one-fourth two and one-half per centof the amount bywhich the of taxes charged and payable to be levied on thehomestead or themanufactured or mobile home are reduced for such yearunder after applyingsection 319.302 319.301 of theRevised Code.

(C) The reductions granted by this section do not apply tospecial assessments or respread of assessments levied against thehomestead, and if there is a transfer of ownership subsequent tothe filing of an application for a reduction in taxes, suchreductions are not forfeited for such year by virtue of suchtransfer.

(D) The reductions in taxable value referred to in thissectionshall be applied solely as a factor for the purpose ofcomputingthe reduction of taxes under this section and shall notaffectthe total value of property in any subdivision or taxingdistrictas listed and assessed for taxation on the tax lists andduplicates, or any direct or indirect limitations on indebtednessof a subdivision or taxing district. If after application ofsections 5705.31 and 5705.32 of the Revised Code, including theallocation of all levies within the ten-mill limitation to debtcharges to the extent therein provided, there would beinsufficient funds for payment of debt charges not provided forbylevies in excess of the ten-mill limitation, the reduction oftaxes provided for in sections 323.151 to 323.159 ofthe RevisedCode shall be proportionately adjusted to the extent necessarytoprovide such funds from levies within the ten-mill limitation.

(E) No reduction shall be made on the taxes due on thehomestead of any person convicted of violating division (C) or(D)of section 323.153 of the Revised Code for a period of threeyearsfollowing the conviction.

Sec. 325.31.  (A) On the first business day of each month,and at the end of the officer's term of office, each officernamed in section 325.27 of the Revised Code shall pay into the countytreasury, to the credit of the general county fund, on thewarrant of the county auditor, all fees, costs, penalties,percentages, allowances, and perquisites collected by theofficer's office during the preceding month or part thereof for officialservices, except the fees allowed the county auditor by division (B) ofsection 319.54 of the Revised Code, which shall be paid into thecounty treasury to the credit of the real estate assessment fundhereby created.

(B) Moneys to the credit of the real estate assessmentfund may be expended, upon appropriation by the board of countycommissioners, for the purpose of defraying one or more of the following:

(1) The costincurred by the county auditor in assessing real estate pursuantto Chapter 5713. of the Revised Code and manufactured and mobile homespursuant to Chapter 4503. of the Revised Code;

(2) At the countyauditor'sdiscretion, costs and expenses incurred by the county auditor in preparing the list of real and public utility property, in administering laws related to the taxation of real property and the levying of special assessments on real property, including administering reductions under Chapters 319. and 323. and section 4503.065 of the Revised Code, and to support assessments of real property in any administrative or judicial proceeding;

(3) At the county auditor's discretion, the expenses incurred by the county board of revision underChapter 5715. of the Revised Code;

(4) At the county auditor's discretion, the expenses incurred by the county auditor for geographic information systems, mapping programs, and technological advances in those or similar systems or programs;

(5) At the county auditor's discretion, expenses incurred by the county auditor in compiling the general tax list of tangible personal property and administering tangible personal property taxes under Chapters 5711. and 5719. of the Revised Code;

(6) At the county auditor's discretion, costs, expenses, and fees incurred by the county auditor in the administration of estate taxes under Chapter 5731. of the Revised Code and the amounts incurred under section 5731.41 of the Revised Code.

Any expenditures made fromthe real estate assessment fund shall comply with rules that thetax commissioner adopts under division (O) of section 5703.05 ofthe Revised Code. Those rules shall include a requirement that acopy of any appraisal plans, progress of work reports, contracts,or other documents required to be filed with the tax commissionershall be filed also with the board of county commissioners.

The board of county commissioners shall not transfer moneysrequired to be deposited in the real estate assessment fund toany other fund. Following an assessment of real propertypursuant to Chapter 5713. of the Revised Code, or an assessment of amanufactured or mobile home pursuant to Chapter 4503.of the Revised Code, any moneys notexpended for the purpose of defraying the cost incurred inassessing real estate or manufactured or mobile homes or for thepurpose of defraying the expenses described in divisions (B)(2), (3), (4), (5), and (6) of this section, and thereby remaining to the credit of thereal estate assessment fund, shall be apportioned ratably anddistributed to those taxing authorities that contributedto the fund. However, no such distribution shall be made if the amountof such unexpended moneys remaining to the credit of the realestate assessment fund does not exceed five thousand dollars.

(C) None of the officers named in section 325.27 of theRevised Code shall collect any fees from the county. Each ofsuch officers shall, at the end of each calendar year, make andfile a sworn statement with the board of county commissioners ofall such fees, costs, penalties, percentages, allowances, andperquisites which have been due in the officer's office andunpaid for more than one year prior to the date such statement is required tobe made.

Sec. 329.04.  (A) The county department of job and familyservices shallhave, exercise, and perform the following powersand duties:

(1) Perform any duties assigned bythe state department ofjob and family servicesregarding the provision of public familyservices, including the provision of the following servicestoprevent or reduce economic orpersonal dependency and tostrengthen family life:

(a) Services authorized bya Title IV-Aprogram, asdefined in section 5101.80 of the Revised Code;

(b) Social services authorized by Title XX of the"SocialSecurity Act" and provided for by section 5101.46 or 5101.461 of the RevisedCode;

(c) If the county department is designated as the childsupportenforcement agency, services authorized by Title IV-D ofthe "SocialSecurityAct" and provided for by Chapter 3125. ofthe Revised Code. The countydepartmentmay perform the servicesitself or contract with othergovernment entities, and, pursuantto division(C) of section 2301.35 and section 2301.42 of theRevised Code, privateentities, to perform the Title IV-Dservices.

(d) Duties assigned under section 5111.98 of the Revised Code.

(2) Administer disability financial assistance, as required by the state department of job andfamily services under section 5115.03 of the Revised Code;

(3) Administer disability medical assistance, as required by the state department of job and family services under section 5115.13 of the Revised Code;

(4) Administer burials insofar as the administration ofburials was,prior to September 12, 1947, imposed upon the boardof county commissionersand if otherwise required by state law;

(5)(4) Cooperate with state and federal authorities in anymatterrelating to family services and to act as the agent ofsuchauthorities;

(6)(5) Submit an annual account of itswork and expenses to theboard of county commissioners and to thestate department of joband family services at theclose of each fiscal year;

(7)(6) Exercise any powers and dutiesrelating to familyservices duties or workforce developmentactivities imposed upon thecounty department of job andfamilyservices by law, by resolutionof the board of county commissioners, or byorder of the governor,when authorized by law, to meetemergencies during war or peace;

(8)(7) Determine the eligibility for medical assistance ofrecipients of aid under Title XVI of the "Social Security Act";

(9)(8) If assigned by the state director of job andfamilyservices under section 5101.515of the Revised Code,determineapplicants' eligibility for health assistance under thechildren'shealth insurance program part II;

(10)(9) Enter into a plan of cooperation with the board ofcountycommissioners under section 307.983, consult withthe boardin the development of the transportation work plan developed undersection 307.985, establish with the board proceduresunder section307.986 forproviding services to children whose families relocatefrequently, and complywith thecontracts the board enters intounder sections 307.981 and 307.982 of theRevised Code that affectthe county department;

(11)(10) For the purpose of complying with a fiscal agreement the boardof county commissioners enters into undersection 307.98 of the Revised Code, exercise thepowers andperform the duties the fiscal agreement assigns to the countydepartment;

(12)(11) If the county department is designated as the workforcedevelopmentagency, provide the workforce development activitiesspecified in the contractrequired by section 330.05 of theRevised Code.

(B) The powers and duties of a county department of job andfamily services are, andshall be exercised and performed, underthe control and direction of the boardof county commissioners.The board may assign to the county department anypower or duty ofthe board regarding family services duties and workforce developmentactivities. If the new power or dutynecessitates the statedepartment of job and familyservices changing its federal costallocation plan, the county department may not implement the poweror dutyunless the United States department of health and humanservices approves thechanges.

Sec. 329.051.  The county department of job and familyservicesshall make voter registration applications as prescribed by the secretaryof state under section 3503.10 of the Revised Code available to persons whoare applying for, receiving assistance from, orparticipating in any of the following:

(A) The disability financialassistance program established under Chapter 5115. of the Revised Code;

(B) The disability medical assistance program established under Chapter 5115. of the Revised Code;

(C) The medical assistance program established underChapter 5111. of the Revised Code;

(D)(C) The Ohio works first program established under Chapter 5107.of the Revised Code;

(E)(D) The prevention, retention, and contingency programestablished under Chapter 5108. of the Revised Code.

Sec. 339.72.  (A) Each board of county commissioners shallprovide for the county to be served by a tuberculosis controlunit by designating a county tuberculosis control unit or byentering into an agreement with one or more boards of countycommissioners of other counties under which the boards jointlydesignate a district tuberculosis control unit. The entitydesignated as the county or district tuberculosis control unit may be any ofthe following:

(1) A communicable disease control program operatedby a board of health of a city or general health districtpursuant to section 3709.22 of the Revised Code;

(2) A tuberculosis program operated by a county that receivesfunds pursuant to section 339.77 of theRevised Code;

(3) A tuberculosis clinic established by a board ofcounty commissioners pursuant to section 339.76 of theRevised Code;

(4)(3) A hospital that provides tuberculosis clinicservices under a contract with a board of county commissionerspursuant to section 339.75 of the Revised Code.

(B) The entity designated under division (A) of thissection as the tuberculosis control unit shall accept that designation andfulfill its duties as the tuberculosis control unit specified under sections339.71 to 339.89 of the Revised Code.

Sec. 339.88.  The expenses incurred for detention under section 339.86 or339.87 of the Revised Code shall be paid by the individualdetained or if the individual is indigent, by the board of countycommissioners of the county from which the individual was removed. The boardof county commissioners may apply to the director of health for reimbursementunder section 339.77 of the Revised Code for expenses of detaining indigent individuals withtuberculosis.

Sec. 340.03.  (A) Subject to rules issued by the directorofmental health after consultation with relevant constituenciesasrequired by division (A)(11) of section 5119.06 of the RevisedCode, with regard to mental health services, the board ofalcohol,drug addiction, and mental health services shall:

(1) Serve as the community mental health planning agencyforthe county or counties under its jurisdiction, and in sodoing itshall:

(a) Evaluate the need forfacilities and community mentalhealthservices;

(b)In cooperation with other local and regionalplanningand funding bodies and with relevant ethnicorganizations,assessthe community mental health needs, setpriorities, anddevelopplans for the operation offacilities andcommunitymental healthservices;

(c) In accordance with guidelines issued by the directorofmental health after consultation with board representatives,develop and submit to the department of mental health, no laterthan six months prior to the conclusion of the fiscal year inwhich the board's current plan is scheduled to expire, acommunitymental health plan listing community mental healthneeds,including the needs of all residents of the district nowresidingin state mental institutions and severely mentallydisabledadults, children, and adolescents; all childrensubject to adetermination made pursuant to section 121.38 of the RevisedCode;and allthe facilities and community mental healthservices thatare or will bein operationor providedduringtheperiod forwhich the plan will be in operation in theservicedistrict tomeet such needs.

The plan shall include, but not be limited to, a statementofwhich of the services listed in section 340.09 of the RevisedCodethe board intends to provide or purchase, an explanation ofhowthe board intends to make any payments that it may berequired topay under section 5119.62 of the Revised Code, astatement of theinpatient and community-based services the boardproposes that thedepartment operate, an assessment of the numberand types ofresidential facilities needed, and such otherinformation as thedepartment requests, and a budget for moneysthe board expects toreceive. The board shall also submit anallocation request forstate and federal funds. Within sixtydays after the department'sdetermination that the plan andallocation request are complete,the department shall approve ordisapprove the plan and request,in whole or in part, accordingto the criteria developed pursuantto section 5119.61 of theRevised Code. The department'sstatement of approval ordisapproval shall specify the inpatientand the community-basedservices that the department will operatefor the board.Eligibility for financial support shall becontingent upon anapproved plan or relevant part of a plan.

If the director disapproves all or part of any plan, thedirector shall inform the board of the reasons for the disapprovaland ofthe criteria that must be met before the plan may beapproved. The director shall provide the board an opportunity topresentits case on behalf of the plan. The director shall givetheboard a reasonable time in which to meet the criteria, andshalloffer the board technical assistance to help it meet thecriteria.

If the approval of a plan remains in dispute thirty daysprior to the conclusion of the fiscal year in which the board'scurrent plan is scheduled to expire, the board or the directormayrequest that the dispute be submitted to a mutually agreeduponthird-party mediator with the cost to be shared by the boardandthe department. The mediator shall issue to the board andthedepartment recommendations for resolution of the dispute.Prior tothe conclusion of the fiscal year in which the currentplan isscheduled to expire, the director, taking intoconsideration therecommendations of the mediator, shall make afinal determinationand approve or disapprove the plan, in wholeor in part.

If a board determines that it is necessary to amend a planoran allocation request that has been approved under division(A)(1)(c) of this section, the board shall submit a proposedamendment to the director. The director may approve ordisapproveall or part of the amendment. If the director doesnot approveall or part of the amendment within thirty days afterit issubmitted, the amendment or part of it shall be consideredto havebeen approved. The director shall inform the board of thereasonsfordisapproval of all or part of an amendment and of the criteriathatmust be met before theamendment may be approved. Thedirector shall provide the boardan opportunity to present itscase on behalf of the amendment. The directorshall give theboard a reasonable time in which tomeet the criteria, and shalloffer the board technical assistanceto help it meet the criteria.

The board shall implement the plan approved by thedepartment.

(d) Receive, compile, and transmit to the department ofmental health applications for state reimbursement;

(e) Promote, arrange, and implement working agreementswithsocial agencies, both public and private, and with judicialagencies.

(2) Investigate, or request another agency to investigate,any complaint alleging abuse or neglect of any person receivingservices from a community mental health agency as defined insection 5122.01 of the Revised Code, or from a residentialfacility licensed under section 5119.22 of the Revised Code. Ifthe investigation substantiates the charge of abuse or neglect,the board shall take whatever action it determines is necessarytocorrect the situation, including notification of theappropriateauthorities. Upon request, the board shall provideinformationabout such investigations to the department.

(3)For the purpose of section 5119.611 of theRevised Code,cooperate with the director of mental health invisiting andevaluating whether the services of a community mentalhealthagency satisfy the certification standardsestablished byrulesadopted under that section;

(4) In accordance with criteria established under division(G) of section 5119.61 of the Revised Code, review and evaluatethe quality, effectiveness, andefficiency of services providedthrough itscommunity mentalhealthplanand submit its findingsand recommendations to the department ofmental health;

(5) In accordance with section 5119.22 of the RevisedCode,review applications for residential facility licenses andrecommend to the department of mental health approval ordisapproval of applications;

(6) Audit, in accordance with rules adopted by the auditorof state pursuant to section 117.20 of the Revised Code, at leastannually all programs and services provided under contract withthe board. In so doing, the board may contract for or employ theservices of private auditors. A copy of the fiscal audit reportshall be provided to the director of mental health, the auditorofstate, and the county auditor of each county in the board'sdistrict.

(7) Recruit and promote local financial support formentalhealth programs from private and public sources;

(8)(a)Enterinto contracts with public and privatefacilities for the operation of facility services included in theboard's community mental health plan and enter into contracts withpublic and privatecommunitymental healthagencies for theprovision ofcommunity mentalhealth serviceslisted in section340.09 of theRevised Code and included in theboard's communitymental healthplan.Contracts with communitymental healthagencies are subject to section 5119.611 of theRevised Code.Section 307.86 of the Revised Code does not applytocontractsentered into under this division. In contractingwithacommunity mental health agency, a boardshallconsider the costeffectiveness of services provided by thatagency and the qualityand continuity of care, and may review costelements, includingsalary costs, of the services to be provided.A utilizationreviewprocess shall be established as part of thecontract forservicesentered into between a board and acommunity mental healthagency. The board may establishthis process in a waythat ismost effective and efficientin meeting local needs. In the caseof acontract with acommunity mental health facility, as defined insection 5111.022 5111.023 of the Revised Code, to provideservices listed indivision (B) of that section, the contractshallprovide for thefacility to be paid in accordance with thecontract entered into between thedepartments ofjob andfamilyservices and mental health under section 5111.91 of the Revised Code andany rules adopted under division (A) of section5119.61 of theRevised Code.

If either the board or afacility or community mental healthagencywithwhichthe board contractsunder division (A)(8)(a)of thissection proposes not to renew the contract or proposessubstantialchanges in contract terms, the other party shall begiven writtennotice at least one hundred twenty days before theexpiration dateof the contract. During the first sixty days ofthis one hundredtwenty-day period, both parties shall attempt toresolve anydispute through good faith collaboration andnegotiation in orderto continue to provide services to personsinneed. If thedispute has not been resolved sixty days beforetheexpirationdate of the contract, either party may notify thedepartment ofmental health of the unresolved dispute. Thedirector may requireboth parties to submit the dispute to athirdparty with the costto be shared by the board and thefacility orcommunitymentalhealthagency. The third party shall issue tothe board,thefacility or agency,and the departmentrecommendations on how thedisputemay beresolved twenty daysprior to the expiration dateof thecontract, unless both partiesagree to a time extension.Thedirector shall adopt rulesestablishing the procedures of thisdispute resolution process.

(b) With the prior approval of the director of mentalhealth, a board may operate afacility or provide a communitymental health service as follows, if thereis no other qualifiedprivate orpublicfacility or communitymental health agency thatisimmediately available and willing tooperate sucha facility orprovide the service:

(i) In an emergency situation, any board may operate afacility or provide a communitymental health service in order toprovideessential services for the durationof the emergency;

(ii) In a service district with a population of at leastonehundred thousand but less than five hundred thousand, a boardmayoperate afacility or provide a community mental health servicefor nolonger than one year;

(iii) In a service district with a population of less thanone hundred thousand, a board may operate afacility or provide acommunity mentalhealthservice for nolonger than one year,exceptthat such a board may operate afacility or provide acommunity mental healthservice for more than one year with theprior approval of thedirector and the prior approval of the boardof countycommissioners, or of a majority of the boards of countycommissioners if the district is a joint-county district.

The director shall not give a board approval to operateafacility or provide a community mental health service underdivision(A)(8)(b)(ii) or (iii) of this sectionunless thedirectordetermines thatit is not feasible to have thedepartmentoperate thefacility or provide the service.

The director shall not give a board approval to operateafacility or provide a community mental health service underdivision(A)(8)(b)(iii) of this section unlessthe directordeterminesthat theboard willprovide greateradministrativeefficiency andmore or betterservices than wouldbe available ifthe boardcontracted with aprivate or publicfacility orcommunity mentalhealthagency.

The director shall not give a board approval to operateafacility previouslyoperatedbyaperson or other governmententityunless the board hasestablished to the director'ssatisfactionthat theperson or other government entity cannoteffectivelyoperate the facility orthattheperson or othergovernment entity has requestedthe board to take over operationof thefacility.The director shall not give a board approval toprovidea community mental health service previously provided by acommunity mental health agency unless the board has established tothe director's satisfaction that the agency cannot effectivelyprovide the service or that the agency has requested the boardtake over providing the service.

The director shall review and evaluatea board'soperationofa facility and provision of community mentalhealth serviceunderdivision (A)(8)(b) of this section.

Nothing in division (A)(8)(b) of this section authorizes aboard to administer or direct the daily operation of anyfacilityor communitymental health agency, buta facility or agency maycontract with aboard toreceive administrative services or staffdirection fromthe boardunder the direction of the governing bodyof thefacility or agency.

(9) Approve fee schedules and related charges or adopt aunit cost schedule or other methods of payment for contractservices provided by community mental health agencies inaccordance with guidelines issued by the department as necessaryto comply with state and federal laws pertaining to financialassistance;

(10) Submit to the director and the county commissionersofthe county or counties served by the board, and make availabletothe public, an annual report of the programs under thejurisdiction of the board, including a fiscal accounting;

(11) Establish, to the extent resources are available, acommunity support system, which provides for treatment, support,and rehabilitation services and opportunities. The essentialelements of the system include, but are not limited to, thefollowing components in accordance with section 5119.06 of theRevised Code:

(a) To locate persons in need of mental health services toinform them of available services and benefits mechanisms;

(b) Assistance for clients to obtain services necessary tomeet basic human needs for food, clothing, shelter, medical care,personal safety, and income;

(c) Mental health care, including, but not limited to,outpatient, partial hospitalization, and, whereappropriate,inpatient care;

(d) Emergency services and crisis intervention;

(e) Assistance for clients to obtain vocational servicesandopportunities for jobs;

(f) The provision of services designed to develop social,community, and personal living skills;

(g) Access to a wide range of housing and the provision ofresidential treatment and support;

(h) Support, assistance, consultation, and education forfamilies, friends, consumers of mental health services, andothers;

(i) Recognition and encouragement of families, friends,neighborhood networks, especially networks that include racialandethnic minorities, churches, community organizations, andmeaningful employment as natural supports for consumers of mentalhealth services;

(j) Grievance procedures and protection of the rights ofconsumers of mental health services;

(k) Case management, which includes continualindividualizedassistance and advocacy to ensure that neededservices are offeredand procured.

(12) Designate the treatment program, agency,orfacilityfor each person involuntarily committed to the boardpursuant toChapter 5122. of the Revised Code and authorizepayment for suchtreatment. The board shall provide the leastrestrictive and mostappropriate alternative that is availableforany personinvoluntarily committed to it and shall assurethat theserviceslisted in section 340.09 of the Revised Codeareavailable toseverely mentally disabled persons residingwithinits servicedistrict. The board shall establish theprocedure forauthorizingpayment for services, which may includepriorauthorization inappropriate circumstances. The board mayprovidefor servicesdirectly to a severely mentally disabledperson whenlife orsafety is endangered and when no communitymental healthagency isavailable to provide the service.

(13) Establish a method for evaluatingreferrals forinvoluntary commitment and affidavits filed pursuantto section5122.11 of the Revised Code in order to assist theprobatedivision of the court of common pleas in determiningwhether thereis probable cause that a respondent is subject toinvoluntaryhospitalization and what alternative treatment isavailable andappropriate, if any;

(14) Ensure that apartments or rooms built,subsidized,renovated, rented, owned, or leased by the board or acommunitymental health agency have been approved as meetingminimum firesafety standards and that persons residing in therooms orapartments are receiving appropriate and necessaryservices,including culturally relevant services, from acommunity mentalhealth agency. This division does not apply toresidentialfacilities licensed pursuant to section 5119.22 ofthe RevisedCode.

(15) Establish a mechanism for involvementof consumerrecommendation and advice on matters pertainingto mental healthservices in the alcohol, drug addiction, andmental health servicedistrict;

(16) Perform the duties under section 3722.18 of theRevisedCode required by rulesadopted under section 5119.61 oftheRevised Coderegarding referrals by the board or mental healthagencies under contractwith the board of individuals with mentalillnessor severe mental disability to adult care facilities andeffectivearrangements for ongoing mental health services for theindividuals. Theboard is accountable in the manner specified inthe rules for ensuring thatthe ongoing mental health services areeffectively arranged for theindividuals.

(B) The board shall establish such rules, operatingprocedures, standards, and bylaws, and perform such other dutiesas may be necessary or proper to carry out the purposes of thischapter.

(C) A board of alcohol, drug addiction, andmental healthservices may receive by gift, grant, devise, orbequest anymoneys, lands, or property for the benefit of thepurposes forwhich the board is established, and may hold andapply itaccording to the terms of the gift, grant, or bequest. All moneyreceived, including accrued interest, by gift, grant,or bequestshall be deposited in the treasury of the county, thetreasurer ofwhich is custodian of the alcohol, drug addiction,and mentalhealth services funds to the credit of the board andshall beavailable for use by the board for purposes stated bythe donor orgrantor.

(D) No board member or employee of a board of alcohol,drugaddiction, and mental health services shall be liable forinjuryor damages caused by any action or inaction taken withinthe scopeof the board member's official duties or theemployee'semployment, whether or not such action or inaction is expresslyauthorized by this section, section 340.033, or any other sectionof theRevised Code, unless such action or inaction constituteswillful or wantonmisconduct. Chapter 2744. of the Revised Codeapplies to any action orinaction by a board member or employee ofa board taken within the scope ofthe board member's officialduties or employee's employment. For the purposesof thisdivision, the conduct of a board member or employee shallnot beconsidered willful or wanton misconduct if the boardmember oremployee acted in good faith and in a manner that theboard memberor employeereasonably believed was in or was not opposed to thebestinterests of the board and, with respect to any criminalactionor proceeding, had no reasonable cause to believe theconduct was unlawful.

(E) The meetings held by any committee established by aboard of alcohol, drug addiction, and mental health servicesshallbe considered to be meetings of a public body subject tosection121.22 of the Revised Code.

Sec. 340.16. Not later than ninety days afterthe effectivedate of this sectionSeptember 5, 2001, the department of mental health and thedepartment of job and family services shall adopt rules thatestablish requirements and procedures for prior notification andservice coordination between public children services agencies andboards of alcohol, drug addiction, and mental health services whena public children services agency refers a child in its custody toa board for services funded by the board. The rules shall beadopted in accordance with Chapter 119. of the Revised Code.

The department of mental health and department of job andfamily services shall collaborate in formulating a plan thatdelineates the funding responsibilities of public childrenservices agencies and boards of alcohol, drug addiction, andmental health services for services provided under section5111.022 5111.023 of the Revised Code to children in the custody of publicchildren services agencies. The departments shall complete theplan not later than ninety days afterthe effective date of thissectionSeptember 5, 2001.

Sec. 341.192. (A) As used in this section:

(1) "Medical assistance program" has the same meaning as in section 2913.40 of the Revised Code.

(2) "Medical provider" means a physician, hospital, laboratory, pharmacy, or other health care provider that is not employed by or under contract to a county or the department of rehabilitation and correction to provide medical services to persons confined in the county jail or a state correctional institution.

(3) "Necessary care" means medical care of a nonelective nature that cannot be postponed until after the period of confinement of a person who is confined in a county jail or a state correctional institution or is in the custody of a law enforcement officer without endangering the life or health of the person.

(B) If a physician employed by or under contract to a county or the department of rehabilitation and correction to provide medical services to persons confined in the county jail or state correctional institution determines that a person who is confined in the county jail or a state correctional institution or who is in the custody of a law enforcement officer prior to the person's confinement in the county jail or a state correctional institution requires necessary care that the physician cannot provide, the necessary care shall be provided by a medical provider. The county or the department of rehabilitation and correction shall pay a medical provider for necessary care an amount not exceeding the authorized reimbursement rate for the same service established by the department of job and family services under the medical assistance program.

Sec. 351.01.  As used in this chapter:

(A) "Convention facilities authority" means a bodycorporateand politic created pursuant to section 351.02 of theRevisedCode.

(B) "Governmental agency" means a department, division, orother unit of the state government or of a municipal corporation,county, township, or other political subdivision of the state;anystate university or college, as defined in section 3345.12 oftheRevised Code, community college, state community college,university branch, or technical college; any other publiccorporation or agency having the power to acquire, construct, oroperate facilities; the United States or any agency thereof; andany agency, commission, or authority established pursuant to aninterstate compact or agreement.

(C) "Person" means any individual, firm, partnership,association, or corporation, or any combination of them.

(D) "Facility" or "facilities" means any convention,entertainment, or sports facility, or combination of them,locatedwithin the territory of the convention facilitiesauthority,together with all parking facilities, walkways, andotherauxiliary facilities, real and personal property, propertyrights,easements and interests that may be appropriate for, orused inconnection with, the operation of the facility.

(E) "Cost" means the cost of acquisition of all land,rights-of-way, property rights, easements, franchise rights, andinterests required for such acquisition; the cost of demolishingor removing any buildings or structures on land so acquired,including the cost of acquiring any lands to which such buildingsor structures may be moved; the cost of acquiring or constructingand equipping a principal office of the convention facilitiesauthority; the cost of diverting highways, interchange ofhighways, access roads to private property, including the cost ofland or easements for such access roads; the cost of publicutility and common carrier relocation or duplication; the cost ofall machinery, furnishings, and equipment; financing charges;interest prior to and during construction and for no more thaneighteen months after completion of construction; expenses ofresearch and development with respect to facilities; legalexpenses; expenses of obtaining plans, specifications,engineeringsurveys, studies, and estimates of cost and revenues;workingcapital; expenses necessary or incident to determiningthefeasibility or practicability of acquiring or constructingsuchfacility; administrative expense; and such other expenses asmaybe necessary or incident to the acquisition or constructionof thefacility, the financing of such acquisition orconstruction,including the amount authorized in the resolutionof theconvention facilities authority providing for the issuanceofconvention facilities authority revenue bonds to be paid intoanyspecial funds from the proceeds of such bonds, the cost ofissuingthe bonds, and the financing of the placing of suchfacility inoperation. Any obligation, cost, or expense incurredby anygovernmental agency or person for surveys, borings,preparation ofplans and specifications, and other engineeringservices, or anyother cost described above, in connection withthe acquisition orconstruction of a facility may be regarded aspart of the cost ofsuch facility and may be reimbursed out ofthe proceeds ofconvention facilities authority revenue bonds asauthorized bythis chapter.

(F) "Owner" includes a person having any title or interestin any property, rights, easements, or interests authorized to beacquired by Chapter 351. of the Revised Code.

(G) "Revenues" means all rentals and other chargesreceivedby the convention facilities authority for the use orservices ofany facility, the sale of any merchandise, or theoperation of anyconcessions; any gift or grant received withrespect to anyfacility, any moneys received with respect to thelease, sublease,sale, including installment sale or conditionalsale, or otherdisposition of a facility or part thereof; moneysreceived inrepayment of and for interest on any loans made bythe authorityto a person or governmental agency, whether fromthe United Statesor any department, administration, or agencythereof, orotherwise; proceeds of convention facilitiesauthority revenuebonds to the extent the use thereof for paymentof principal or ofpremium, if any, or interest on the bonds isauthorized by theauthority; proceeds from any insurance,appropriation, or guarantypertaining to a facility or propertymortgaged to secure bonds orpertaining to the financing of thefacility; income and profitfrom the investment of the proceedsof convention facilitiesauthority revenue bonds or of anyrevenues; contributions of theproceeds of a tax levied pursuant todivision (A)(3) of section5739.09 of the RevisedCode; and moneys transmitted totheauthority pursuant todivision (B) of section 5739.211 anddivision (B) of section5741.031 of the Revised Code.

(H) "Public roads" includes all public highways, roads,andstreets in the state, whether maintained by the state,county,city, township, or other political subdivision.

(I) "Construction," unless the context indicates adifferentmeaning or intent, includes, but is not limited to,reconstruction, enlargement, improvement, or providing fixtures,furnishings, and equipment.

(J) "Convention facilities authority revenue bonds" or"revenue bonds," unless the context indicates a different meaningor intent, includes convention facilities authority revenuenotes,convention facilities authority revenue renewal notes, andconvention facilities authority revenue refunding bonds.

(K) "Convention facilities authority tax anticipationbonds"or "tax anticipation bonds," unless the context indicatesadifferent meaning, includes convention facilities authority taxanticipation bonds, tax anticipation notes, tax anticipationrenewal notes, and tax anticipation refunding bonds.

(L) "Bonds and notes" means convention facilitiesauthorityrevenue bonds and convention facilities authority taxanticipationbonds.

(M) "Territory of the authority" means all of the area ofthe county creating the convention facilities authority.

(N) "Excise taxes" means either or both any of the taxesleviedpursuant to division (B) or (C) of section 351.021 of the RevisedCode."Excise taxes" does not include taxes levied pursuant tosection4301.424, 5743.026, or 5743.324 of the Revised Code.

(O) "Transaction" means the charge by a hotel for eachoccupancy by transient guests of a room or suite of rooms used ina hotel as a single unit for any period of twenty-four hours orless.

(P) "Hotel" and "transient guests" have the samemeaningsasin section 5739.01 of the Revised Code.

(Q) "Sports facility" means afacility intended to housemajor league professionalathletic teams.

(R) "Constructing" or "construction" includes providingfixtures,furnishings, andequipment.

Sec. 351.021.  (A) The resolution of the countycommissioners creating a convention facilities authority, or anyamendment or supplement to that resolution, may authorize theauthority to levy one or both of the excise taxes authorized bydivision (B) of this section to pay the cost of one or morefacilities; to pay principal, interest, and premium on conventionfacilities authority tax anticipation bonds issued to pay thosecosts; to pay the operating costs of the authority; to payoperating and maintenance costs of those facilities; and to paythe costs of administering the excise tax.

(B) The board of directors of a convention facilitiesauthority that has been authorized pursuant to resolutionadopted,amended, or supplemented by the board of countycommissionerspursuant to division (A) of this section may levy,by resolutionadopted on or before December 31, 1988, either orboth of thefollowing:

(1) Within the territory of the authority, an additionalexcise tax not to exceed four per cent on each transaction. Theexcise tax authorized by division (B)(1) of this section shall bein addition to any excise tax levied pursuant tosection5739.08or 5739.09 of theRevised Code, ordivision (B)(2) of thissection.

(2) Within that portion of any municipal corporation thatislocated within the territory of the authority or within theboundaries of any township that is located within the territoryofthe authority, which municipal corporation or township islevyingany portion of the excise tax authorized by division(A) ofsection5739.08 of the Revised Code, and with theapproval, byordinance or resolution, of the legislativeauthorityof thatmunicipal corporation or township, anadditional excisetax not toexceed nine-tenths of one per centon each transaction.The excisetax authorized by division(B)(2) of this section maybe leviedonly if, on the effectivedate of the levy specified intheresolution making the levy, theamount being levied pursuanttodivision(A) of section5739.08 of the RevisedCode by eachmunicipal corporation ortownship in which the taxauthorized bydivision (B)(2) of thissection will be levied, whenadded to theamount levied underdivision (B)(2) of this section,does notexceed three per centon each transaction. The excisetaxauthorized by division(B)(2) of this section shall be inadditionto any excise taxthat is levied pursuant to section5739.08or5739.09 of the Revised Code, or division(B)(1) of thissection.

(C)(1) The board of directors of a convention facilities authority that is located in an eligible Appalachian county; that has been authorized pursuant to resolution adopted, amended, or supplemented by the board of county commissioners pursuant to division (A) of this section; and that is not levying a tax under division (B)(1) or (2) of this section may levy within the territory of the authority, by resolution adopted on or before December 31, 2005, an additional excise tax not to exceed three per cent on each transaction. The excise tax authorized under division (C) of this section shall be in addition to any excise tax levied pursuant to section 5739.08 or 5739.09 of the Revised Code.

(2) As used in division (C)(1) of this section, "eligible Appalachian county" means a county in this state designated as being in the "Appalachian region" under the "Appalachian Regional Development Act of 1965," 79 Stat. 4, 40 U.S.C. App. 403, and having a population less than eighty thousand according to the most recent federal decennial census.

(D) The authority shall provide for the administration andallocation of the an excise taxes tax levied pursuant to division (B) or (C) ofthis section. All receipts arising from those excise taxes shallbe expended for the purposes provided in, and in accordance withthis section and section 351.141 of the Revised Code. An excisetax levied under division (B) or (C) of this section shall remain ineffect at the rate at which it is levied for at least thedurationof the period for which the receipts from the tax havebeenanticipated and pledged pursuant to section 351.141 of theRevisedCode.

(D)(E) Except as provided in division (B)(2) of this section,the levy of an excise tax on each transaction pursuant tosections 5739.08 and 5739.09 of the Revised Code does not preventa conventionfacilities authority from levying the an excise taxestax pursuant todivision (B) or (C) of this section.

Sec. 351.06.  A facility to be constructed pursuant to thischapter is a public improvement and a convention facilitiesauthority is a public authority for purposes of section 4115.03of the Revised Code. All contractors and subcontractors workingon such facilities are subject to and shall comply with sections4115.03 to 4115.16 of the Revised Code. A convention facilitiesauthority is a contracting authority for purposes of sections307.86 to 307.91 of the Revised Code.

No convention facilities authority shall construct afacility under this chapter unless the plans for the facilityprovide for parking and transportation determined by the board ofcounty commissioners as adequate to serve that facility.

A convention facilities authority may do all of thefollowing:

(A) Adopt bylaws for the regulation of its affairs and theconduct of its business;

(B) Adopt an official seal;

(C) Maintain a principal office within its territory;

(D) Acquire, purchase, construct, reconstruct, enlarge,furnish, equip, maintain, repair, sell, exchange, lease or rentto, lease or rent from, operate, or contract for the operation byothers of, facilities within its territory, and make charges forthe use of the facilities;

(E) Make available the use or services of any facility topersons or governmental agencies on such terms and conditions asthe authority shall determine;

(F) By resolution of its board of directors, issueconvention facilities authority revenue bonds beyond the limit ofbonded indebtedness provided by law, payable solely from revenuesas provided in section 351.14 of the Revised Code, unless thebonds are refunded by refunding bonds, for the purpose ofproviding funds to pay the costs of any facility or facilities orparts of any facility or facilities, and, if moneys raised bytaxation are not obligated or pledged for the payment of thoserevenue bonds, to pay the costs of any facility or facilities orparts of any facility or facilities pursuant to Section 13 ofArticle VIII, Ohio Constitution, and in order to create orpreserve jobs and employment opportunities and improve theeconomic welfare of the people of the state;

(G) Maintain such funds as it determines necessary;

(H) Direct its agents or employees, when properlyidentified in writing and after at least five days' writtennotice, to enter upon lands within its territory in order to makesurveys and examinations preliminary to location and constructionof facilities, or other work for the purposes of the conventionfacilities authority, without liability of the authority or itsagents or employees except for actual damage done;

(I) Promote, advertise, and publicize the authority andits facilities;

(J)(1) Adopt rules, not in conflict with general law,governing the use of its property, grounds, buildings, equipment,and facilities, and the conduct of its employees and the public,in order to promote the public safety and convenience in andabout its facilities and grounds, and to maintain order. Anysuch rule shall be posted at a prominent place in each of thebuildings or facilities to which it applies.

(2) No person shall violate any lawful rule adopted andposted as provided in this division.

(K) Acquire by gift or purchase, hold, lease, and disposeof real and personal property and interests in the property inthe exercise of its powers and the performance of its dutiesunder this chapter;

(L) Acquire, in the name of the authority, by purchase orotherwise, on such terms and in such manner as the authorityfinds proper, or by the exercise of the right of appropriation inthe manner provided by section 351.22 of the Revised Code, suchpublic or private lands, including public parks, playgrounds, orreservations, or parts thereof or rights therein, rights-of-way,rights, franchises, easements, and interests as it findsnecessary or proper for carrying out this chapter, andcompensation shall be paid for public or private lands so taken;

(M) Make and enter into all contracts and agreements andexecute all instruments necessary or incidental to theperformance of its duties and the execution of its powers underthis chapter provided that no construction contract or contractfor the purchase of goods or services shall be approved orentered into by the authority prior to the adoption andimplementation of a policy on the set aside of contracts forbidding by or award to minority business enterprises, as definedin division (E)(1) of section 122.71 of the Revised Code;

(N) Employ managers, superintendents, and other employeesand retain or contract with consulting engineers, financialconsultants, accounting experts, architects, attorneys, and suchother consultants and independent contractors as are necessary inits judgment to carry out this chapter, and fix theircompensation. All expenses of doing so shall be payable solelyfrom the proceeds of convention facilities authority bonds andnotes issued under this chapter, or from excise taxes andrevenues.

(O) Receive and accept from any governmental agency grantsfor or in aid of the purposes of the authority, and receive andaccept aid or contributions from any source of money, property,labor, or other things of value, to be held, used, and appliedonly for the purposes for which such grants and contributions aremade;

(P) Engage in research and development with respect tofacilities;

(Q) Purchase fire and extended coverage and liabilityinsurance for any facility and for the offices of the authority,insurance protecting the authority and its officers and employeesagainst liability for damage to property or injury to or death ofpersons arising from its operations, and any other insurance theauthority may agree to provide under any resolution authorizingits convention facilities authority revenue bonds or in any trustagreement securing the same;

(R) Charge, alter, and collect rentals and other chargesfor the use or services of any facility as provided in section351.09 of the Revised Code;

(S) If a tax proposed under section 5739.026 of theRevised Code is disapproved by the electors, request the board ofcounty commissioners to dissolve the authority pursuant tosection 351.03 of the Revised Code;

(T) By resolution of its board of directors, levy one orboth any of the excise taxes authorized by division (B) or (C) of section351.021 of the Revised Code if authorized by the countycommissioners, and issue convention facilities authority taxanticipation bonds beyond any limit of bonded indebtednessprovided by law, payable solely from excise taxes levied pursuantto division (B) or (C) of section 351.021 of the Revised Code andrevenues as provided in section 351.141 of the Revised Code.

(U) Do all acts necessary or proper to carry out thepowers expressly granted in this chapter.

Sec. 351.141.  A convention facilities authority thatleviesone or both any of the excise taxes authorized by division (B)or (C) ofsection 351.021 of the Revised Code or that receives contributionspursuant to division (A)(3) of section5739.09 of theRevisedCode, by resolution mayanticipate the proceeds of thelevy andissue conventionfacilities authority tax anticipationbonds, andnotesanticipating the proceeds or the bonds, in theprincipalamountthat, in the opinion of the authority, arenecessary forthepurpose of paying the cost of one or morefacilities or partsofone or more facilities, and as able, withthe interest on them,be paid over the term of the issue, or inthe case of notesanticipating bonds over the term of the bonds,by the estimatedamount of the excise taxes or contributionsanticipated thereby.Theexcise taxesor contributions aredetermined by the generalassembly to satisfy anyapplicablerequirement of Section 11 ofArticle XII, Ohio Constitution. Anauthority, at any time, mayissue renewal tax anticipation notes,issue tax anticipation bondsto pay such notes, and, whenever itconsiders refunding expedient,refund any tax anticipation bondsby the issuance of taxanticipation refunding bonds whether thebonds to be refunded haveor have not matured, and issue taxanticipation bonds partly torefund bonds then outstanding andpartly for any other authorizedpurpose. The refunding bondsshall be sold and the proceedsneeded for such purpose applied inthe manner provided in the bondproceedings to the purchase,redemption, or payment of the bondsto be refunded.

Every issue of outstanding tax anticipation bonds shall bepayable out of the proceeds of the excise taxes or contributionsanticipated andother revenues of the authority that are pledgedfor suchpayment. The pledge shall be valid and binding from thetime thepledge is made, and the anticipated excise taxes,contributions, and revenues sopledged and thereafter received bythe authority immediatelyshall be subject to the lien of thatpledge without any physicaldelivery of those excise taxes,contributions, andrevenues or further act. Thelien of anypledge is valid and binding as against all partieshaving claimsof any kind in tort, contract, or otherwise againstthe authority,whether or not such parties have notice of thelien. Neither theresolution nor any trust agreement by which apledge is createdneed be filed or recorded except in theauthority's records.

Whether or not the bonds or notes are of such form andcharacter as to be negotiable instruments under Title XIII of theRevised Code, the bonds or notes shall have all the qualities andincidents of negotiable instruments, subject only to theirprovisions for registration, if any.

The tax anticipation bonds shall bear such date or dates,andshall mature at such time or times, in the case of any suchnotesor any renewals of such notes not exceeding twenty yearsfrom thedate of issue of such original notes and in the case ofany suchbonds or any refunding bonds not exceeding forty yearsfrom thedate of the original issue of notes or bonds for thepurpose, andshall be executed in the manner that the resolutionauthorizingthe bonds may provide. The tax anticipation bondsshall bearinterest at such rates, or at variable rate or rateschanging fromtime to time, in accordance with provisionsprovided in theauthorizing resolution, be in such denominationsand form, eithercoupon or registered, carry such registrationprivileges, bepayable in such medium of payment and at suchplace or places, andbe subject to such terms of redemption, asthe authority mayauthorize or provide. The tax anticipationbonds may be sold atpublic or private sale, and at, or at notless than the price orprices as the authority determines. Ifany officer whosesignature or a facsimile of whose signatureappears on any bondsor coupons ceases to be such officer beforedelivery of the bonds,the signature or facsimile shallnevertheless be sufficient forall purposes as if the officerhad remainedin office untildelivery of the bonds, and in case the seal ofthe authority hasbeen changed after a facsimile has beenimprinted on the bonds,the facsimile seal will continue to besufficient for allpurposes.

Any resolution or resolutions authorizing any taxanticipation bonds or any issue of tax anticipation bonds maycontain provisions, subject to any agreements with bondholders asmay then exist, which provisions shall be a part of the contractwith the holders of the bonds, as to the pledging of any or allofthe authority's anticipated excise taxes,contributions, andrevenues tosecure the payment of the bonds or of any issue of thebonds; theuse and disposition of revenues of the authority; thecreditingof the proceeds of the sale of bonds to and among thefundsreferred to or provided for in the resolution; limitationson thepurpose to which the proceeds of sale of the bonds may beappliedand the pledging of portions of such proceeds to securethepayment of the bonds or of any issue of the bonds; as to notesissued in anticipation of the issuance of bonds, the agreement ofthe authority to do all things necessary for the authorization,issuance, and sale of such bonds in such amounts as may benecessary for the timely retirement of such notes; limitations onthe issuance of additional bonds; the terms upon which additionalbonds may be issued and secured; the refunding of outstandingbonds; the procedure, if any, by which the terms of any contractwith bondholders may be amended, the amount of bonds the holdersof which must consent thereto, and the manner in which suchconsent may be given; securing any bonds by a trust agreement inaccordance with section 351.16 of the Revised Code; any othermatters, of like or different character, that in any way affectthe security or protection of the bonds. The excise taxesanticipated by the bonds, including bonds anticipated by notes,shall not be subject to diminution by initiative or referendum orby law while the bonds or notes remain outstanding in accordancewith their terms, unless provision is made by law or by theauthority for an adequate substitute therefor reasonablysatisfactory to the trustee, if a trust agreement secures thebonds.

Neither the members of the board of directors of theauthority nor any person executing the bonds shall be liablepersonally on the bonds or be subject to any personal liabilityoraccountability by reason of the issuance thereof.

Sec. 351.16.  In the discretion of the conventionfacilities authority, any convention facilities authority bondsand notes issued under this chapter may be secured by a trustagreement between the authority and a corporate trustee, whichtrustee may be any trust company or bank having the powers of atrust company within or without the state.

Any such trust agreement for convention facility authorityrevenue bonds may pledge or assign revenues of the conventionfacilities authority to be received and may convey or mortgageany facility or any part of any facility. Any such trustagreement for convention facility authority tax anticipationbonds may pledge or assign one or both any of the excise taxesauthorized by division (B) or (C) of section 351.021 of the Revised Codeand revenues of the convention facilities authority to bereceived and may convey or mortgage any facility or any part ofany facility. Any such trust agreement or any resolutionproviding for the issuance of such bonds or notes may containsuch provisions for protecting and enforcing the rights andremedies of the bondholders or noteholders as are reasonable andproper and not in violation of law, including covenants settingforth the duties of the authority in relation to the acquisitionof property, the construction, improvement, maintenance, repair,operation, and insurance of the facility in connection with whichsuch bonds or notes are authorized, the rentals or other chargesto be imposed for the use or services of any facility, thecustody, safeguarding, and application of all moneys, andprovisions for the employment of consulting engineers inconnection with the construction or operation of such facility.Any bank or trust company incorporated under the laws of thisstate that may act as depository of the proceeds of bonds ornotes or of revenues may furnish such indemnifying bonds or maypledge such securities as are required by the authority. Anysuch trust agreement may set forth the rights and remedies of thebondholders and noteholders and of the trustee, and may restrictthe individual right of action by bondholders and noteholders asis customary in trust agreements or trust indentures securingsimilar bonds. Such trust agreement may contain such otherprovisions as the authority determines reasonable and proper forthe security of the bondholders or noteholders. All expensesincurred in carrying out the provisions of any such trustagreement may be treated as a part of the cost of the operationof the facility. Any such trust agreement or resolutionauthorizing the issuance of convention facilities authority bondsor notes may provide the method whereby the generaladministrative expenses of the authority shall be allocated amongfacilities acquired or constructed by it as a factor of theoperation expenses of such facility.

Sec. 718.09.  (A) This section applies to either of thefollowing:

(1) A municipal corporation that shares the same territoryas a city, local,or exempted village school district, to theextent that not morethan five per cent of the territory of themunicipalcorporation is located outside the school district andnot more thanfive per cent of the territory of the schooldistrict islocated outside the municipal corporation;

(2) A municipal corporation that shares the same territoryas a city, local,or exempted villageschool district, to theextent that not more than five per centof the territory of themunicipal corporation is located outsidethe school district, morethan five per cent but not more than ten per cent ofthe territoryof the school district is located outside the municipalcorporation, and that portion of the territory of the schooldistrict that is located outside the municipal corporation islocated entirely within another municipal corporation having apopulation of four hundred thousand or more according to thefederal decennial census most recently completed before theagreement is entered into under division(B) of this section.

(B) Before January 1, 2001, the The legislativeauthority of amunicipal corporationto which this section applies may propose tothe electors anincome tax, one of the purposes of which shall beto providefinancial assistance to the school district throughpayment tothe district of not less than twenty-five per cent ofthe revenuegenerated by the tax, except that the legislative authority may not propose to levy the income tax on the incomes of nonresident individuals. Prior to proposing the tax, thelegislative authority shall negotiate and enter into a writtenagreement with the board of education of the school districtspecifying the tax rate, the percentage of tax revenue to be paidto the school district, the purpose for which the school districtwill use the money, the first year the tax will be levied, thedate of the special election on the question of the tax, and themethod and schedule by which the municipal corporation will makepayments to the school district. The special election shall beheld before January 1, 2001, on a day specified indivision (D) ofsection 3501.01 of theRevised Code, except that the specialelection may not be held onthe day for holding a primary electionas authorized by themunicipal corporation's charter unless themunicipal corporationis to have a primary election on that day.

After the legislative authority and board of education haveentered into the agreement, the legislative authority shallprovide for levying the tax by ordinance. The ordinance shallstate the tax rate, the percentage of tax revenue to be paid tothe school district, the purpose for which the municipalcorporation will use its share of the tax revenue, the first yearthe tax will be levied, and that the question of the income taxwill be submitted to the electors of the municipal corporation.The legislative authority also shall adopt a resolutionspecifyingthe regular or special election date the election willbe held anddirecting the board of elections to conduct theelection. Atleast seventy-five days before the date of theelection, thelegislative authority shall file certified copiesof the ordinanceand resolution with the board of elections.

(C) The board of elections shall make the necessaryarrangements for the submission of the question to the electorsofthe municipal corporation, and shall conduct the election inthesame manner as any other municipal income tax election.Notice ofthe election shall be published in a newspaper ofgeneralcirculation in the municipal corporation once a week forfourconsecutive weeks prior to the election, and shall includestatements of the rate and municipal corporation and schooldistrict purposes of the income tax, the percentage of taxrevenuethat will be paid to the school district, and the firstyear thetax will be levied. The ballot shall be in thefollowing form:

"Shall the ordinance providing for a ..... per cent levy onincome for (brief description of the municipal corporation andschool district purposes of the levy, including a statement ofthepercentage of tax revenue that will be paid to the schooldistrict) be passed? The income tax, if approved, will not be levied on the incomes of individuals who do not reside in (the name of the municipal corporation).

 


 For the income tax
 Against the income tax "

 

(D) If the question is approved by a majority of theelectors, the municipal corporation shall impose the income taxbeginning in the year specified in the ordinance. The proceedsofthe levy may be used only for the specified purposes,includingpayment of the specified percentage to the schooldistrict.

Sec. 718.10.  (A) This section applies to a group of twoormore municipal corporations that, taken together, share thesameterritory as a single city, local, or exempted villageschooldistrict, to the extent that not more than five per centof theterritory of the municipal corporations as a group islocatedoutside the school district and not more than five percent of theterritory of the school district is located outsidethe municipalcorporations as a group.

(B) Before January 1, 2001, the The legislativeauthorities ofthe municipalcorporations in a group of municipal corporations towhich thissection applies each may propose to the electors anincome tax,to be levied in concert with income taxes in the othermunicipalcorporations of the group, except that a legislative authority may not propose to levy the income tax on the incomes of individuals who do not reside in the municipal corporation. One of the purposes of sucha taxshall be to provide financial assistance to the schooldistrictthrough payment to the district of not less thantwenty-five percent of the revenue generated by the tax. Priorto proposing thetaxes, the legislative authorities shallnegotiate and enter intoa written agreement with each other andwith the board ofeducation of the school district specifying thetax rate, thepercentage of the tax revenue to be paid to theschool district,the first year the tax will be levied, and thedate of theelection on the question of the tax, all of whichshall be thesame for each municipal corporation. The agreementalso shallstate the purpose for which the school district willuse themoney, and specify the method and schedule by which eachmunicipal corporation will make payments to the school district.The special election shall be held before January 1,2001, on aday specified in division(D) of section 3501.01 of the RevisedCode, including a day onwhich all of the municipal corporationsare to have a primaryelection.

After the legislative authorities and board of educationhaveentered into the agreement, each legislative authority shallprovide for levying its tax by ordinance. Each ordinance shallstate the rate of the tax, the percentage of tax revenue to bepaid to the school district, the purpose for which the municipalcorporation will use its share of the tax revenue, and the firstyear the tax will be levied. Each ordinance also shall statethatthe question of the income tax will be submitted to theelectorsof the municipal corporation on the same date as thesubmission ofquestions of an identical tax to the electors ofeach of the othermunicipal corporations in the group, and thatunless the electorsof all of the municipal corporations in thegroup approve the taxin their respective municipal corporations,none of the municipalcorporations in the group shall levy thetax. Each legislativeauthority also shall adopt a resolutionspecifying the regular orspecial election date the election willbe held and directing theboard of elections to conduct theelection. At least seventy-fivedays before the date of theelection, each legislative authorityshall file certified copiesof the ordinance and resolution withthe board of elections.

(C) For each of the municipal corporations, the board ofelections shall make the necessary arrangements for thesubmissionof the question to the electors, and shall conduct theelection inthe same manner as any other municipal income taxelection. Foreach of the municipal corporations, notice of theelection shallbe published in a newspaper of general circulationin themunicipal corporation once a week for four consecutiveweeks priorto the election. The notice shall include astatement of the rateand municipal corporation and schooldistrict purposes of theincome tax, the percentage of taxrevenue that will be paid to theschool district, and the firstyear the tax will be levied, and anexplanation that the tax willnot be levied unless an identicaltax is approved by the electorsof each of the other municipalcorporations in the group. Theballot shall be in the followingform:

"Shall the ordinance providing for a ... per cent levy onincome for (brief description of the municipal corporation andschool district purposes of the levy, including a statement ofthepercentage of income tax revenue that will be paid to theschooldistrict) be passed? The income tax, if approved, will not be levied on the incomes of individuals who do not reside in (the name of the municipal corporation). In order for the income tax to belevied,the voters of (the other municipal corporations in thegroup),which are also in the (name of the school district)schooldistrict, must approve an identical income tax and agreeto paythe same percentage of the tax revenue to the schooldistrict.

 


 For the income tax
 Against the income tax "

 

(D) If the question is approved by a majority of theelectors and identical taxes are approved by a majority of theelectors in each of the other municipal corporations in thegroup,the municipal corporation shall impose the tax beginningin theyear specified in the ordinance. The proceeds of thelevy may beused only for the specified purposes, includingpayment of thespecified percentage to the school district.

Sec. 731.14.  All contracts made by the legislativeauthority of a village shall be executed in the name of thevillage and signed on its behalf by the mayor and clerk. Exceptwhere the contract is for equipment, services, materials, orsupplies to be purchased under division (D) of section 713.23 orsection 125.04 or 5513.01 of the Revised Code or, available from aqualified nonprofit agency pursuant to sections 4115.31 to4115.35 of the Revised Code, or required to be purchased from a qualified nonprofit agency under sections 125.60 to 125.6012 of the Revised Code, when any expenditure, other than thecompensation of persons employed in the village, exceeds twenty-fivethousanddollars, such contracts shall be in writing and made with thelowest and best bidder after advertising for not less than twonor more than four consecutive weeks in a newspaper of generalcirculation within the village. The bids shall be opened andshall be publicly read by the clerk of the village or a persondesignated by the clerk at the time, date, and placespecified in theadvertisement to bidders or specifications. The time, date, andplace of bid openings may be extended to a later date by thelegislative authority of the village, provided that written ororal notice of the change shall be given to all persons who havereceived or requested specifications no later than ninety-sixhours prior to the original time and date fixed for the opening. This section does not apply to those villages that have providedfor the appointment of a village administrator under section735.271 of the Revised Code.

Sec. 731.141.  In those villages that have established theposition of village administrator, as provided by section 735.271of the Revised Code, the village administrator shall makecontracts, purchase supplies and materials, and provide labor forany work under the administrator's supervision involvingnot more than twenty-five thousand dollars. When anexpenditure, other than thecompensation of persons employed by the village, exceeds twenty-five thousand dollars, the expenditure shall first be authorizedanddirected by ordinance of the legislative authority of thevillage. When so authorized and directed, except where thecontract is for equipment, services, materials, or supplies to bepurchased under division (D) of section 713.23 or section 125.04or 5513.01 of the Revised Code or, available from a qualifiednonprofit agency pursuant to sections 4115.31 to 4115.35 of theRevised Code, or required to be purchased from a qualified nonprofit agency under sections 125.60 to 125.6012 of the Revised Code, the village administrator shall make a writtencontract with the lowest and best bidder after advertisement fornot less than two nor more than four consecutive weeks in anewspaper of general circulation within the village. The bidsshall be opened and shall be publicly read by the villageadministrator or a person designated by the villageadministrator at the time, date, and place as specified in theadvertisement to bidders orspecifications. The time, date, and place of bid openings may beextended to a later date by the village administrator, providedthat written or oral notice of the change shall be given to allpersons who have received or requested specifications no laterthan ninety-six hours prior to the original time and date fixedfor the opening. All contracts shall be executed in the name ofthe village and signed on its behalf by the village administratorand the clerk.

The legislative authority of a village may provide, byordinance, for central purchasing for all offices, departments,divisions, boards, and commissions of the village, under thedirection of the village administrator, who shall make contracts,purchase supplies or materials, and provide labor for any work ofthe village in the manner provided by this section.

Sec. 742.59.  The board of trustees of the Ohio police andfire pension fund shallbe the trustee of the funds created as follows:

(A) The "police officers' contribution fund"is the fund inwhich shall be credited the contributions deducted from thesalaries of members of police departments and paid into theOhio police and firepension fund, as provided bysection 742.31 of the Revised Code, and that percentage of theemployers' accrued liability that is attributable to deductionspreviously made from the salaries of members of the policedepartment who are still in the active service at the time thatportion of the employers' accrued liability ispaid. Theaccumulated contributions of a member of a police departmentshall be transferred at the member's retirement from thepolice officers' contribution fund to thepolice officers' pension reserve fund.

(B) The "firefighters' contribution fund" isthe fund in whichshall be credited contributions deducted from the salaries ofmembers of fire departments and paid into the Ohio police andfire pension fund, asprovided by section742.31 of the Revised Code, and that percentage of the employers'accrued liability that is attributable to deductions previouslymade from the salaries of members of the fire department who arestill in the active service at the time that portion of theemployers' accrued liability is paid. The accumulatedcontributions of a member of a fire department shall betransferred at the member's retirement from thefirefighters' contribution fund to thefirefighters' pension reserve fund.

(C) The "police officer employers' contribution fund"is thefund to which the following shall be credited:

(1) The police officeremployers' contribution, as providedby section 742.33 of the Revised Code, and that;

(2) The percentage of theemployers' accrued liability that is attributable to theemployers' liability for prior service of members of the policedepartment who are still in the active service at the time thatportion of the employers' accrued liability is paid, and thatportion of the state contribution allocated to such fund, asprovided by section 742.36 of the Revised Code, shall becredited, and in which shall be accumulated.

In the police officer employers' contribution fund shall accumulate the reserves held intrust for the payment of all pensions or other benefits providedby sections 742.01 to 742.61 of the Revised Code tomembers of a police department retiring in the future or their qualifiedbeneficiaries and from which the reserves for such pensions andother benefits shall be transferred to the policeofficers' pension reserve fund.

(D) The "firefighter employers' contribution fund" isthe fund to which the following shall be credited:

(1) The firefighter employers'contribution, as provided insection 742.34 of the Revised Code, and that;

(2) The percentage of theemployers' accrued liability that is attributable to theemployers' liability for prior service for members of the firedepartment who are still in the active service at the time thatportion of the employers' accrued liability is paid, and thatportion of the state contribution allocated to such fund, asprovided by section 742.36 of the Revised Code, shall becredited, and in which shall be accumulated.

In the firefighter employers' contribution fund shall accumulate the reserves held intrust for the payment of all pensions and other benefits providedby sections 742.01 to 742.61 of the Revised Code tomembers of a fire department retiring in the future or their qualifiedbeneficiaries and from which the reserves for such pensions andother benefits shall be transferred to thefirefighters'pension reserve fund.

(E) The "police officers' pension reservefund" is the fundfrom which shall be paid all pensions and other benefits forwhich reserves have been transferred from the policeofficers' contribution fundand the police officer employers' contribution fund,and to which shall be credited that percentage of the employers'accrued liability that is attributable to the total of deductionspreviously made from the salaries of members of the policedepartment who are retired and are receiving pensions or otherbenefits, or whose beneficiaries are receiving benefits, at thetime that portion of the employers' accrued liability is paid,and that percentage of the employers' accrued liability that isattributable to prior service of members of the police departmentwho are retired and are receiving pensions or other benefits, orwhose beneficiaries are receiving benefits, at the time thatportion of the employers' accrued liability is paid.

(F) The "firefighters' pension reserve fund"is the fund from which shall be paid all pensions and other benefits for whichreserves have been transferred from thefirefighters' contributionfund and the firefighter employers' contribution fund,and to whichshall be credited that percentage of the employers' accruedliability that is attributable to the total of deductionspreviously made from the salaries of members of the firedepartment who are retired and are receiving pensions or otherbenefits, or whose beneficiaries are receiving benefits, at thetime that portion of the employers' accrued liability is paid,and that percentage of the employers' accrued liability that isattributable to prior service of members of the fire departmentwho are retired and are receiving pensions or other benefits, orwhose beneficiaries are receiving benefits, at the time thatportion of the employers' accrued liability is paid.

(G) The "guarantee fund" is the fund from which interestis transferred and credited on the amounts in the funds describedin divisions (C), (D), (E), and (F) of this section, and is acontingent fund from which the special requirements of said fundsmay be paid by transfer from this fund. All income derived fromthe investment of funds by the board of trustees of the Ohiopoliceand fire pension fund as trustee undersection 742.11 of the Revised Code, together with all gifts andbequests or the income therefrom, shall be paid into this fund.

Any deficit occurring in any other fund that will not becovered by payments to that fund, as otherwise provided bysections 742.01 to 742.61 of the Revised Code, shall bepaid by transfers of amounts from the guarantee fund to such fund orfunds. Should the amount in the guarantee fund be insufficientat any time to meet the amounts payable therefrom, the amount ofsuch deficiency, with regular interest, shall be paid by anadditional employer rate of current contribution as determined bythe actuary and shall be approved by the board of trustees of theOhiopolice and fire pension fund, and theamountof such additional employer contribution shall be credited to theguarantee fund.

The boardmay accept gifts and bequests. Anyfunds that may come into the possession of the board in thismanner, or any other funds whose disposition is not otherwiseprovided for, shall be credited to the guarantee fund.

(H) The "expense fund" is the fund from which shall bepaid the expenses for the administration and management of theOhio police and firepensionfund, as provided bysections 742.01 to 742.61 of the Revised Code, and towhich shall be credited from the guarantee fund an amount sufficient to paythe expenses of operation.

Sec. 901.43.  (A) The director of agriculture may authorizeanydepartment ofagriculture laboratory to perform a laboratoryservice for anyperson, organization, political subdivision, stateagency, federalagency, or other entity, whether public orprivate. The director shall adopt andenforce rules to providefor the rendering of a laboratory service.

(B) The director may charge a reasonable fee for theperformanceof a laboratory service, except when the service isperformed on an officialsample taken by thedirector actingpursuant to Title IX, Chapter 3715., or Chapter3717. of theRevised Code; by a board of health acting as thelicensor ofretail food establishments or food service operationsunderChapter 3717. of the Revised Code; or by the director ofhealthacting as the licensor of food service operations underChapter3717. of the Revised Code. The director ofagriculture shalladopt rules specifying what constitutes an officialsample.

The director shall publish a listof laboratory servicesoffered, together with the fee foreach service.

(C) The director may enter into a contract with any person,organization,political subdivision, state agency, federal agency,or otherentity for the provision of alaboratory service.

(D)(1) The director may adopt rulesestablishing standardsfor accreditation of laboratories andlaboratory services and indoing so may adopt by referenceexisting or recognized standardsor practices.

(2) The director may inspect andaccredit laboratories andlaboratory services, and may charge areasonable fee for theinspections and accreditation.

(E)(1) All There is hereby created in the state treasury the animal health and food safety fund. Moneys from the following sources shall be deposited into the state treasury to the credit of the fund: all moneys collected by the director underthissection that are from fees generated by a laboratoryserviceperformed by the department and related to the diseases ofanimals, and all moneys so collected that are from fees generatedfor the inspection and accreditation of laboratories andlaboratory servicesrelated to the diseases of animals, shall bedepositedin the animal industry laboratory fund, which is herebycreatedin the state treasury. The director shall use the moneysin theanimal industry laboratory fund topay the expensesnecessary to operate the animal industry laboratory, including thepurchaseof supplies andequipment.

(2) All all moneys collectedby the director under this sectionthat are from fees generated by alaboratory service performed bythe consumer analytical laboratory, and allmoneys so collectedthat are from fees generated for the inspection andaccreditationof laboratories and laboratory services not related to weightsandmeasures or the diseases of animals, shallbe deposited in thelaboratory services fund, which ishereby created in the statetreasury. The director may use the moneysheld in the fund may be used to pay theexpenses necessary to operate the animal industry laboratory and theconsumer analytical laboratory,including the purchase of supplies andequipment.

(3)(2) All moneys collected by the director under thissectionthat are from fees generated by a laboratory serviceperformed bythe weights and measures laboratory, and all moneys so collectedthat are from fees generated for the inspection and accreditationoflaboratories and laboratory services related to weights andmeasures, shall bedeposited in the state treasury to the credit of the weights and measureslaboratory fund, which is hereby createdin the state treasury.The moneys held in thefund may be used to pay the expensesnecessary to operate thedivision of weights and measures,including the purchase ofsupplies and equipment.

Sec. 901.44. There is hereby created in the state treasury the laboratory and administrative support fund. The department of agriculture shall deposit the following moneys received by the department to the credit of the fund: payment for the rental of the department's auditoriums by outside parties and reimbursement for related utility expenses, laboratory fees that are not designated for deposit into another fund, and other miscellaneous moneys that are not designated for deposit into another fund. The department may use moneys in the fund to pay costs associated with any program of the department as the director of agriculture sees fit.

Sec. 903.05.  (A) Each application for a permit to installor permit to operate a concentrated animal feeding facility that is submitted by anapplicant who has notoperated a concentrated animal feeding facility in this state forat leasttwo of the five years immediately preceding thesubmission of the applicationshall be accompanied byall of thefollowing:

(1) A listing of all concentrated animal feeding facilitiesthatthe owner or operator of the proposed new or modifiedconcentrated animalfeeding facilityhas operated or is operatinginthis state;

(2) A listing of the concentrated animal feeding facilitiesthat the owneror operator has operated or is operating elsewherein the UnitedStates and that are regulated under the FederalWater Pollution Control Act together witha listing of theconcentrated animal feeding facilities that the owner or operatorhas operatedor is operating outsidethe United States;

(3) A listing of all administrative enforcementordersissued to the owner or operator, all civilactions in which theowner or operator was determined by the trier of fact tobe liablein damages or was the subject of injunctive relief or another typeof civil relief, and all criminal actions in which the owner oroperatorpleaded guilty or was convicted, duringthe five yearsimmediately preceding the submission of theapplication,inconnection with any violation ofthe federal Water PollutionControlAct, the "SafeDrinking Water Act," as definedin section6109.01 of the Revised Code, or any otherapplicablestate lawspertaining to environmental protectionthat was alleged tohaveoccurred or to be occurring at any concentrated animalfeedingfacility that the owner or operator has operated or is operatingin the United States or with any violation of theenvironmentallaws of another country that was alleged to have occurred or tobeoccurring at anyconcentrated animal feeding facility that theowner or operator has operatedor is operating outsidethe UnitedStates.

The lists of concentrated animal feeding facilities operatedbythe owner or operator within or outside this state or outsidetheUnited States shall include,respectively, all suchfacilitiesoperated by the owner or operator during the five-year periodimmediately preceding the submission of the application.

(B) If the applicant fora permit to install or permit tooperate has beeninvolved in any prior activity involving theoperation of a concentrated an animal feeding facility, the directorofagriculture maydeny the application if the director finds fromtheapplication, the information submitted under divisions (A)(1)to (3)of this section, pertinent informationsubmitted to thedirector, and other pertinent informationobtained by the directorat the director's discretion that theapplicant and personsassociated with the applicant, in theoperation of concentratedanimal feeding facilities, havea history of substantialnoncompliance with the FederalWater Pollution Control Act, the"SafeDrinking Water Act," as definedin section 6109.01 of theRevised Code, any otherapplicablestate laws pertaining toenvironmental protection,or the environmental laws of anothercountry that indicates that the applicantlacks sufficientreliability, expertise, and competence to operate theproposed newor modified concentrated animal feeding facility insubstantialcompliance with this chapter and rules adopted under it.

(C) A person who seeks to acquire a concentrated animalfeedingfacility that has been issued an installation permitthathas been transferred from the director of environmentalprotectionto the director of agriculture, a permit to install, ora permitto operateshall submit tothe director the information specifiedin divisions (A)(1) to (3) ofthissection prior to the transferof the permit. The permit shall not betransferred as otherwiseprovided indivision (I) of section 903.09 of the Revised Code ifthedirector finds from the information submitted under divisions(A)(1) to (3) of this section, pertinent information submitted tothe director, and other pertinent information obtained by thedirector at thedirector's discretion that the person, intheoperation of concentrated animal feeding facilities, has ahistoryof substantial noncompliance with theFederal Water PollutionControlAct, the "SafeDrinking Water Act," as definedin section6109.01 of the Revised Code, any otherapplicable state lawspertaining to environmental protection, or theenvironmental lawsof another country that indicates that the person lackssufficientreliability, expertise, andcompetence to operate the concentratedanimalfeeding facility in substantial compliance with thischapter and rulesadopted under it.

Sec. 905.32.  (A) No person shall manufacture or distribute in this state anytype of fertilizer until a license tomanufacture or distribute has been obtained by the manufacturer or distributorfrom the department of agriculture upon payment of a five dollarfee:

(1) For each fixed (permanent) location at which fertilizer is manufacturedin this state;

(2) For each mobile unit used to manufacture fertilizer in this state;

(3) For each location out of the state from which fertilizer is distributedin this state to nonlicensees.

All licenses expire on the thirtieth day of June of each shall be valid for one year beginning on the first day of December of a calendar year through the thirtieth day of November of the following calendar year. A renewal application for a license shall be submitted no earlier than thefirstdayof June each year and no later than the thirtieth day ofJune Novembereach year. A person who submits a renewal application for a license after thethirtieth day of June November shall include with the application a latefilingfee of ten dollars.

(B) An application for license shall include:

(1) The name and address of the licensee;

(2) The name and address of each bulk distribution point in the state, notlicensed for fertilizer manufacture and distribution.

The name and address shown on the license shall be shown on all labels,pertinent invoices, and bulk storage for fertilizers distributed by thelicensee in this state.

(C) The licensee shall inform the director of agriculture in writing ofadditionaldistribution points established during the period of the license.

Sec. 905.33.  (A) Except as provided in division (C) ofthis section, no person shall distribute in this state a specialtyfertilizer until it is registered by the manufacturer or distributor with thedepartment of agriculture. An application, in duplicate, for each brand andproduct name of each grade of specialty fertilizer shall be made on a formfurnished by the director of agriculture and shall beaccompanied with a fee of fifty dollars for each brand and product name ofeach grade. Labels for each brand and product name of each grade shallaccompany the application. Upon the approval of an application by thedirector, a copy of the registration shall be furnished the applicant. Allregistrations expire on the thirtiethday of June of each shall be valid for one year beginning on the first day of December of a calendar year through the thirtieth day of November of the following calendar year.

(B) An application for registration shall include the following:

(1) Name and address of the manufacturer or distributor;

(2) The brand and product name;

(3) The grade;

(4) The guaranteed analysis;

(5) The package sizes for persons that package fertilizers only in containersof ten pounds or less.

(C)(1) No person who engages in the business of applying custommixed fertilizer to lawns, golf courses, recreation areas, or otherreal property that is not used for agricultural production shall be requiredto register the custom mixed fertilizer as a specialty fertilizer inaccordance with division (A) of this section if thefertilizer ingredients of the custom mixed fertilizer are registered asspecialty fertilizers and the inspection fee described in division(A) of section 905.36 of the Revised Codeis paid.

(2) No person who engages in the business of blending custom mixedfertilizer for use on lawns, golf courses, recreation areas, or other realproperty that is not used foragricultural production shall be required to register the custom mixedfertilizer as a specialty fertilizer in accordance with division (A)of this section if the facility holds a nonagricultural production custommixed fertilizer blender license issued under section 905.331 of theRevised Code.

(D) A person who engages in the business of applying or blendingcustom mixed fertilizer as described in division(C) of this section shall maintain an originalor a copy of an invoice or document of sale for all fertilizer the personapplies or distributes for one year following the date of the application ordistribution, and, upon the director's request, shall furnish the directorwith the invoice or document of sale for the director's review.

Sec. 905.331.  No person who engages in the business of blending a custommixed fertilizer for useon lawns, golf courses, recreation areas, or other real property that is notused for agricultural production shall fail to register a specialty fertilizerin accordance with division (A) of section 905.33 of theRevised Codeunless the person has obtained a an annual nonagricultural production custom mixedfertilizer blender license from the director of agriculture.

A license issued under this section shall be valid from the first day of December of a calendar year through the thirtieth day of November of the following calendar year. A renewal application for a nonagricultural production custom mixedfertilizer blender license shall be submitted to the director no earlier thanthe first day of June each year and no later than the thirtieth dayof June November each year and shall include the name and address of theapplicant and of the premises where the blending occurs and aone-hundred-dollar fee. A person who submits a renewal application for alicense after the thirtieth day ofJune November shall include with the application a late filing fee of tendollars. All nonagricultural production custom mixed fertilizer blenderlicenses expire on the thirtieth day of June of November each year.

A person holding a nonagricultural production custom mixed fertilizerblender license shall pay the inspection fees described in division(A) of section 905.36 of the Revised Code for eachproduct being blended.

Sec. 905.36.  (A) A licensee or registrant, exceptregistrants who package specialty fertilizers only in containersof ten pounds or less, shall pay the director of agriculture forall fertilizers distributed in this state an inspection fee atthe rate of twelve twenty-five cents per tonor thirteen twenty-eight cents per metric ton. Licensees and registrants shall specifyon an invoicewhether the per ton inspection fee has been paid or whether payment of the feeis the responsibility of the purchaser of the fertilizer. The payment of this inspectionfee by a licensee or registrant shall exempt all other personsfrom the payment of this fee.

(B) Every licensee or registrantshall file a semiannual statement with the director an annual tonnage report that includes the number of nettons or metric tons of fertilizer distributed to nonlicensees ornonregistrantsin this state by grade; packaged; bulk, dry or liquid; withinthirty days after the thirtieth day of June, and within thirtydays after the thirty-first day of December, respectively, of. The report shall be filed on or before the thirtieth day of November ofeach calendar year and shall include data from the period beginning on the first day of November of the year preceding the year in which the report is due through the thirty-first day of October of the year in which the report is due. The licensee or registrant, except registrants whopackage specialty fertilizers only in containers of ten pounds or less, shallinclude with this statement the inspection fee at the rate stated indivision (A) of this section. Fora tonnage report that is not filed or payment of inspection feesthat is not made within ten days after due date on or before the thirtieth day of November of the applicable calendar year, a penalty offifty dollars or tenper cent of the amount due,whichever is greater, shall be assessed against the licensee orregistrant. The amountof fees due, plus penalty, shall constitute a debt and become thebasis of a judgment against the licensee or registrant. For tonnage reports found to be incorrect, a penalty of fifteen per centof the amount due shall be assessed against the licensee or registrant andshall constitute a debt and become the basis of a judgment against thelicensee or registrant.

(C) No information furnished under this section shall bedisclosed by any employee of the department of agriculture insuch a way as to divulge the operation of any person required tomake such a report. The filing by a licensee or registrant of asales volume tonnage statement required by division (B) of thissection thereby grants permission to the director to verifythe same with the records of the licensee or registrant.

Sec. 905.37.  (A) The director of agriculture shall may distributeannual statements of fertilizer sales by grades of materials and mixedfertilizer by counties, in a manner prescribed by the director.

(B) The director shall may publish at least annually a reportof the analysisof fertilizers inspected.

(C) The director may distribute a state fertilizer usage report by grade ofmaterials and mixed fertilizers for each month.

Sec. 905.38.  The commercial feed, fertilizer, seed, and lime inspection andlaboratory fund is herebycreated in the state treasury. All moneys collected by thedirector of agriculture under sections 905.31 to 905.50of the Revised Code, shall be depositedinto thefund. Moneys creditedto the fund under this section and sections 905.66, 907.16, and 923.46 of the Revised Code shall be used for administering and enforcing this chapter andChapter Chapters 907. and 923. of the Revised Code and rules adopted under them.

Sec. 905.381.  The director of agriculture shall keep accurate accounts ofall receipts and disbursements from the commercial feed, fertilizer, seed, and limeinspection and laboratory fund, and shall prepare, and provide upon request,an annual report classifying the receipts and disbursements as pertaining toeither feed, fertilizer, seed, or lime.

Sec. 905.50.  If the director of agriculture has taken anofficial sample of a fertilizer or mixed fertilizer and determined that itconstitutes mislabeled fertilizer pursuant to rules adopted under section905.40 of the Revised Code, the person who labeled the fertilizer ormixed fertilizer shall pay a penalty to the consumer of the mislabeledfertilizer or, if the consumer cannot be determined with reasonable diligenceor is not available, to the director for deposit into the commercial feed,fertilizer, seed, and lime inspection and laboratory fund created under section905.38 of the Revised Code. The amount of the penalty shall be calculated inaccordance witheither division (A) or (B) of this section, whichever methodof calculation yields the largest amount.

(A)(1) A penalty required to be paidunder this section may be calculated as follows:

(a) Five dollars for each percentage point oftotal nitrogen or phosphorus in the fertilizer that is below the percentage ofnitrogen or phosphorus guaranteed on the label, multiplied by the number oftons of mislabeled fertilizer that have been sold to the consumer;

(b) Three dollars for each percentage point ofpotash in the fertilizer that is below the percentage of potash guaranteed onthe label, multiplied by the number of tons of mislabeled fertilizer that havebeen sold to the consumer.

(2) In the case of a fertilizer that contains a quantity of nitrogen,phosphorus, or potash that is more than five percentage points below thepercentages guaranteed on the label, the penalties calculated under division(A)(1) of this section shall be tripled.

(3) No penalty calculated under division (A) of this sectionshall be less than twenty-five dollars.

(B) A penalty required to be paid underthis section may be calculated by multiplying the market value of one unit ofthe mislabeled fertilizer by the number of units of the mislabeled fertilizerthat have been sold to the consumer.

(C) Upon making adetermination under this section that a person has mislabeledfertilizer or mixed fertilizer, the director shall determine theparties to whom the penalty imposed by this section is requiredto be paid and, in accordance with division(A) or(B) of this section, asapplicable, shall calculate the amount of the penalty requiredto be paid to each such party. After completing thosedeterminations and calculations, the director shall issue to theperson who allegedly mislabeled the fertilizer or mixedfertilizer a notice of violation. The notice shall beaccompanied by an order requiring, and specifying the manner of,payment of the penalty imposed by this section to the parties inthe amounts set forth in the determinations and calculationsrequired by this division. The order shall be issued inaccordance with Chapter 119. ofthe RevisedCode.

No person shall violate a term or condition of an orderissued under this division.

Sec. 905.501.  (A) As used in this section, "political:

(1) "Politicalsubdivision" means a county, township, or municipal corporation and any otherbody corporate and politic that is responsible for government activities in ageographic area smaller than that of the state.

(2) "Local legislation" includes, but is not limited to, an ordinance, resolution, regulation, rule, motion, or amendment that is enacted or adopted by a political subdivision.

(B)(1) No political subdivision shall regulate the registration, packaging, labeling, sale, storage, distribution, use, or application offertilizer, or require a person licensed or registered under sections 905.31to 905.99 of the Revised Code to obtain a license or permitto operate in a manner described in those sections, or to satisfy any othercondition except as provided by a statute or rule of this state or of theUnited States.

(2) No political subdivision shall enact, adopt, or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use, or application of fertilizers.

Sec. 905.66.  All moneys collected by the director of agriculture undersections 905.51 to 905.65 of the Revised Code shall be deposited into thecommercial feed,fertilizer, seed, and lime inspection and laboratory fund created undersection 905.38 of the Revised Code.

The director shall prepare and provide a report concerning the fund inaccordance with section 905.381 of the Revised Code.

Sec. 907.111.  (A) The department of agriculture has sole and exclusive authority to regulate the registration, labeling, sale, storage, transportation, distribution, notification of use, use, and planting of seed within the state. The regulation of seed is a matter of general statewide interest that requires uniform statewide regulation, and this chapter and rules adopted under it constitute a comprehensive plan with respect to all aspects of the regulation of seed within this state.

(B) No political subdivision shall do any of the following:

(1) Regulate the registration, labeling, sale, storage, transportation, distribution, notification of use, use, or planting of seed;

(2) Require a person who has been issued a permit or license under this chapter to obtain a permit or license to operate in a manner described in this chapter or to satisfy any other condition except as provided by a statute or rule of this state or of the United States;

(3) Require a person who has registered a legume innoculant under this chapter to register that innoculant in a manner described in this chapter or to satisfy any other condition except as provided by a statute or rule of this state or of the United States.

(C) No political subdivision shall enact, adopt, or continue in effect local legislation relating to the permitting or licensure of any person who is required to obtain a permit or license under this chapter or to the registration, labeling, sale, storage, transportation, distribution, notification of use, use, or planting of seed.

(D) As used in this section, "political subdivision" and "local legislation" have the same meanings as in section 905.501 of the Revised Code.

Sec. 907.16.  All money collected by the director of agriculture under sections 907.01 to 907.17 of the Revised Code shall be deposited into the treasury of the state to thecredit of the commercial feed, fertilizer, seed, and lime inspection and laboratory fund, which is hereby created in the state treasury. Money credited to the fund shall be used to administer and enforce those sections and rules adopted under them section 905.38 of the Revised Code.

Sec. 913.02.  No person, firm, or corporation shall engagein the business of operating a cannery without obtaining alicense for the operation of each cannery from the director ofagriculture.

In order to obtain a license, an application shall be madeon a form prescribed by the director and shall be accompanied bya fee of one two hundred dollars. The director shall thereupon causean investigation to be made. If the applicant is supplied withthe facilities necessary for complying with sections 913.01 to913.05 of the Revised Code and rules adopted under them, alicense shall be issued and shall be effective until thethirtieth day of June, and shall become invalid on that dateunless renewed. The fee for each renewal is one two hundred dollars.License fees and renewal fees shall be deposited to the credit ofthe food safety fund created in section915.24 ofthe Revised Code.

The director may suspend or revoke any license for failureto comply with sections 913.01 to 913.05 of the Revised Code, orany rule or order adopted under those sections. In such event,the cannery immediately shall cease operation.

Sec. 913.23.  (A) The director of agriculture may issuelicenses as required by sections 913.22 to 913.28 of the RevisedCode, may make the inspections and registrations required bythosesections, and may prescribe the form of application to be filedunder this section.

(B) No person shall manufacture or bottle for sale withinthis state any soft drink in closed containers unless theperson has alicense issued by the director. Upon receipt of an applicationfor such a license, the director shall examine the products andthe place of manufacture where the business is to be conducted,to determine whether the products and place comply with sections913.22 to 913.28 of the Revised Code. Upon finding there iscompliance, and upon payment of a license fee of one two hundreddollars, the director shall issue a license authorizing theapplicant to manufacture or bottle for sale such soft drinks,subject to sections 913.22 to 913.28 of the Revised Code. Thelicense shall expire on the last day of March of each year unlessrenewed.

(C) No soft drink that is manufactured or bottled out ofthe state shall be sold or offered for sale within this stateunless the soft drink and the plant in which the soft drink is manufactured orbottled are found by the director to comply with sections 913.22to 913.28 of the Revised Code, and is are registered by thedirector, whichshall be upon a like application as provided in division (B) ofthis section.

An annual registration fee of one two hundred dollars shall bepaid to the director by each applicant under this division. Theregistration shall be renewed annually, and the registration feepaid with the application for annual renewal.

Registration of out-of-state soft drink manufacturers or bottlers orsyrup and extract manufacturers is not required if a reciprocalagreement is in effect whereby a soft drink manufacturer or bottler or syrupand extract manufacturer located in this state is not subject toa license or registration fee by another state or a politicalsubdivision thereof.

(D) No person, other than a manufacturer or bottler holding a softdrink plant license under this section, shall sell, offer forsale, use, or have in the person's possession with intent tosell, anysoda water syrup or extract or soft drink syrup, to be used inmaking, drawing, or dispensing soda water or other soft drinks,without first registering the person's name and address, thename andaddress of the manufacturer of the syrup or extract, the numberand variety of such syrups or extracts intended to be sold, andthe trade name or brand of those products, with the director,together with such samples of the syrups or extracts as thedirector requestsfor analysis. The person also shall pay to the departmentofagriculture at the time of making registration a license fee offifty one hundred dollars. No license shall be granted by the directorunless the director determines that the syrup or extract isfree from allharmful drugs and other ingredients that, as used, may beinjurious to health. The registration shall be renewedannuallyupon like terms. If any manufacturer, bottler, agent, or seller islicensed or has registered the manufacturer's, bottler's, agent's, orseller's name and product as requiredby this section and has paid the manufacturer's, bottler's, agent's, orseller's fee, the manufacturer's, bottler's, agent's, or seller'sdistributor, retailagent, or retail seller using the products shall not berequiredto pay that fee. This section does not apply to local sellers ofsoft drinks as to syrups and extracts made by themselves fortheir own use exclusively.

(E) All moneys received under sections 913.22 to 913.28 ofthe Revised Code shall be deposited with the treasurer of stateto the credit of the food safety fundcreated insection 915.24 of the Revised Code.

(F) The director may revoke any license or registrationissued under sections 913.22 to 913.28 of the Revised Code,whenever the director determines thatthose sections have been violated. When a license has been revoked, thelicensee shall discontinuethe manufacture and sale of soft drinks or other products forwhich the license was issued. When a registration has beenrevoked, the registrant shall discontinue the sale within thisstate of the registrant's products until those sections havebeen compliedwith and a new license or registration has been issued. Thedirector may suspend any such license or registrationtemporarily, pending compliance with such conditions required bythose sections as the director prescribes.

Sec. 915.02.  No person, firm, or corporation shall operate a cold-storagewarehouse, for hire, without a license issued by the director of agriculture. Such A license shall be issued only on written application stating the locationof such the warehouse. Upon receipt of the application the director shall causean examination to be made into the sanitary conditions of such the warehouse. Ifit is found to be in a sanitary condition and properly equipped for thepurpose of cold storage, the director shall cause a license to be issuedauthorizing the applicant to operate a warehouse. No license shall be issueduntil the applicant has paid to the director the sum of one two hundred dollars. Such A license shall be valid until the last day of March of each year andbecomes invalid on that date unless renewed. A license shall be required foreach separate warehouse building.

Sec. 915.16.  The license fee for an establishment istwenty-five fifty dollars. Any operator operating in connection with acold-storage warehouse holding a license under section 915.02 ofthe Revised Code is not required to secure an additional licenseunder section 915.15 of the Revised Code so long as he theoperator continues to be licensed as a cold-storage warehouse; buthe the operator shall comply with sections 915.14 to 915.24,inclusive, of the Revised Code, and all rules and regulations promulgatedthereunder. Thelicense issued shall be in such form as the department ofagriculture prescribes. Licenses shall be valid until the lastday of November following initial issuance or renewal and shallbecome invalid on that date unless renewed. The original licenseor a certified copy thereof shall be conspicuously displayed bythe operator in the establishment.

Sec. 915.24.  (A) There is hereby created in the statetreasury the food safety fund. All of the followingmoneys shall be credited to the fund:

(1) Bakery registration fees and fines received undersections 911.02 to 911.20 of the Revised Code;

(2) Cannery license fees and renewal fees received undersections 913.01 to 913.05 of the Revised Code;

(3) Moneys received under sections 913.22 to 913.28 of theRevised Code;

(4) License fees, fines, and penalties recovered for theviolation of sections 915.01 to 915.12 of the Revised Code;

(5) License fees collected under sections 915.14 to 915.23of the Revised Code;

(6) License fees, other fees, and fines collected by or for the directorof agriculture underChapter 3717. of the Revised Code;

(7) Fees collected under section 3715.04 of the Revised Code for the issuance of certificates of health and freesale.

(B) The director of agriculture shall use the moneysdeposited into the food safety fund toadministerand enforce the laws pursuant to which the moneys were collected.

Sec. 921.02.  (A)No person shall distribute a pesticidewithinthis stateunless thepesticide is registered with thedirector ofagricultureunder thischapter.Registrations shallbe issued for a period oftimeestablished byrule and shall berenewed in accordance withdeadlinesestablishedby rule.Registration is not required if apesticide isshippedfrom oneplant or warehouse to another plantor warehouse operatedby thesame person and used solely at thatplant or warehouse as aconstituent part to make a pesticide thatis registeredunderthis chapter, or if the pesticideisdistributed under theprovisions of an experimental use permitissued under section921.03 of the Revised Code or an experimentaluse permit issuedbythe United States environmental protectionagency.

(B) The applicant for registration of a pesticide shallfilea statement with the director on a form provided by thedirector,which shall include all of the following:

(1) The name and address of the applicant and the name andaddress of the person whose name will appear on the label, ifother than the applicant's name;

(2) The brand and product name of the pesticide;

(3) Any necessary information required for completion ofthedepartment of agriculture's application for registration,including theagency registration number;

(4) A complete copy of the labeling accompanying thepesticide and a statement of all claims to be made for it,including the directions for use and the use classification asprovided for in the federal act.

(C) The director, when the director considers it necessaryin theadministration ofthis chapter, may requirethe submissionof thecompleteformula of anypesticide including the active andinertingredients.

(D) The director may require a full description of thetestsmade and the results thereof upon which the claims arebased forany pesticide. The director shall not consider any data submittedin support of anapplication, without permission of the applicant,in support of any other applicationfor registration unless theother applicant first hasoffered to pay reasonable compensationfor producing the testdata to be relied upon and the data are notprotected fromdisclosure by section 921.04 of the Revised Code.In the case ofa renewal of registration, a statement shall berequired onlywith respect to information that is different fromthatfurnished when the pesticide was registered or lastregistered.

(E) The director may require any other information to besubmitted with an application.

Any applicant may designate any portion of the requiredregistration information as a trade secret or confidentialbusiness information. Upon receipt of any required registrationinformation designated as a trade secret or confidential businessinformation, the director shall consider the designatedinformation as confidential and shall not reveal or cause to berevealed any such designated information without the consent ofthe applicants, except to persons directly involved in theregistration process described in this section or as required bylaw.

(F) Each Beginning January 1, 2007, each applicant shall pay a registration andinspectionfeeestablished by rule of one hundred fifty dollars for each productname andbrandregistered for the company whose name appears onthe label. Ifanapplicant files for a renewal ofregistrationafter the deadlineestablished by rule, theapplicant shall pay apenalty feeestablished by rule of seventy-five dollars for eachproduct name andbrandregistered forthe applicant. The penaltyfee shall beadded tothe original feeand paid before the renewalregistration isissued. In additionto any other remedyavailableunderthis chapter,if a pesticidethat is notregistered pursuantto this section isdistributedwithin thisstate, the personrequired to register thepesticideshall do soand shall pay apenalty feeestablished by rule of seventy-five dollars foreachproduct name and brandregistered for the applicant. Thepenaltyfee shall be added tothe original fee of one hundred fifty dollars and paid before theregistration is issued.

(G) Provided that the state isauthorized by theadministratorof the United States environmental protection agencyto registerpesticides to meet special local needs, the directorshallrequire the information set forth under divisions (B), (C),(D),and (E) of this section and shall register any such pesticideafter determining that all of the following conditionsare met:

(1) Its composition is such as to warrant the proposedclaims for it.

(2) Its labeling and other material required to besubmittedcomply with the requirements of the federal act and ofthischapter, and rulesadoptedthereunder.

(3) It will perform its intended function withoutunreasonable adverse effects on the environment.

(4) When used in accordance with widespread and commonlyrecognized practice, it will not generally cause unreasonableadverse effects on the environment.

(5) The classification for general or restricted use is inconformity with the federal act.

The director shall not make any lack of essentiality acriterion for denying the registration of any pesticide. When twopesticides meet the requirements of division(G) of thissection,thedirectorshall notregister one in preference to theother.

(H)(1) The director may refuse to register a pesticide ifthe application for registration fails to comply with thissection.

(2) The director may suspend or revoke a pesticideregistration after a hearing in accordance with Chapter 119. ofthe Revised Code for a pesticide that fails to meet the claimsmade for it on its label.

(3) The director may immediately suspend a pesticideregistration, prior to a hearing, when the director believes thatthe pesticide poses an immediate hazard to human or animal healthor a hazard to the environment. Not later than fifteen days aftersuspending the registration, the director shall determine whetherthe pesticide poses such a hazard. If the director determinesthat no hazard exists, the director shall lift the suspension ofthe registration. If the director determines that a hazardexists, the director shall revoke the registration in accordancewith Chapter 119. of the Revised Code.

Sec. 921.16.  (A) The director of agriculture shall adoptrules the director determines necessary for the effectiveenforcement andadministration ofthis chapter.The rules mayrelate to, but are notlimited to, thetime, place, manner, andmethodsof application,materials, andamounts and concentrationsofapplication ofpesticides, mayrestrict or prohibit the use ofpesticides indesignated areasduring specified periods of time,and shallencompass allreasonable factors that the directordeterminesnecessary tominimize or prevent damage to theenvironment. Inaddition, therules shall establish thefees,deadlines, and timeperiods forregistration, registrationrenewal, lateregistration renewal, and failure to register undersection921.02of theRevised Code; the fees for registration, registration renewal, late registration renewal, and failure to register under section 921.02 of the Revised Code that shall apply until the fees that are established under that section take effect on January 1, 2007;and thefees, deadlines, andtimeperiods forlicensure andlicense renewal undersections921.06,921.09,921.11, and 921.13 of the RevisedCode. Theaggregate amount of the fees that initiallyare established byrule after the effective date of this amendment shall be designedto cover, but not exceed, the costs incurred bythe department ofagriculture in administering this chapter.Thereafter, the feesshall not be increased without the approvalof the generalassembly.

(B) The director shall adopt rules that establish a scheduleofcivil penalties for violations ofthis chapter, or any rule ororder adopted orissued underit, provided that the civil penaltyfor a firstviolation shall not exceed five thousand dollars andthe civilpenalty for each subsequent violation shall not exceedtenthousand dollars. In determining the amount of a civilpenaltyfor a violation, the director shall consider factorsrelevant tothe severity of the violation, including pastviolations and theamount of actual or potential damage to theenvironment or tohuman beings.

(C) The director shall adopt rules that set forth theconditions underwhich the director:

(1) Requires that notice or posting be given of a proposedapplication of a pesticide;

(2)Requires inspection, condemnation, or repair ofequipmentused to apply a pesticide;

(3) Will suspend, revoke, or refuse to issue anypesticideregistration for a violation ofthis chapter;

(4) Requires safe handling, transportation, storage,display, distribution, and disposal of pesticides and theircontainers;

(5) Ensures the protection of the health and safety ofagricultural workersstoring, handling, or applying pesticides,and all residents ofagricultural labor camps, as that term isdefined in section3733.41 of the Revised Code, who are living orworking in thevicinity of pesticide-treated areas;

(6) Requires a record to be kept of all pesticideapplications made by eachcommercial applicatorand by anytrainedserviceperson acting under the commercial applicator'sdirectsupervision and of all restricteduse pesticideapplications madeby each privateapplicatorand by any immediatefamilymember or subordinate employee of that private applicatorwho isacting under the private applicator's direct supervision asrequired under section921.14 of the Revised Code;

(7) Determinesthe pesticide-use categories ofdiagnosticinspections that must beconducted by a commercial applicator;

(8) Requires a record to be kept of all diagnosticinspectionsconducted byeach commercial applicatorand by anytrained serviceperson.

(D)The director shall prescribe standards for thelicensureofapplicators of pesticides consistentwith thoseprescribed bythe federal actand the regulationsadoptedunder it or prescribestandards that are morerestrictive than those prescribed by thefederal act and theregulations adopted under it. The standardsmay relate to the use ofapesticide orto an individual'spesticide-use category.

The director shall take into consideration standards of theUnited Statesenvironmental protection agency.

(E) The director may adopt rules setting forth theconditions underwhich the director will:

(1) Collect and examine samples of pesticides or devices;

(2) Specify classes of devices that shall be subject tothis chapter;

(3) Prescribe other necessary registration information.

(F) The director may adopt rulesthat do eitheror both ofthe following:

(1) Designate, inadditionto thoserestricted uses soclassified by theadministrator of theUnited States environmentalprotectionagency, restricted uses ofpesticidesfor the state orfordesignated areas within the stateand, if the directorconsidersit necessary, to further restrictsuch use;

(2) Define what constitutes "acting under the instructionsand control of a commercial applicator" as used in the definitionof "direct supervision" in division (Q)(1) of section 921.01 ofthe Revised Code. In adopting a rule under division (F)(2) ofthis section, the director shall consider the factors associatedwith the use of pesticide in the various pesticide-use categories.Based on consideration of the factors, the director may define"acting under the instructions and control of a commercialapplicator" to include communications between a commercialapplicator and a trained serviceperson that are conducted vialandline telephone or a means of wireless communication. Anyrules adopted under division (F)(2) of this section shall bedrafted in consultation with representatives of the pesticideindustry.

(G)Except as provided in division (D) of this section,thedirector shall not adopt any rule underthis chapter thatisinconsistent with therequirements of the federal act andregulations adopted thereunder.

(H) The director, after notice and opportunity forhearing,may declare as a pest any form of plant oranimal life,other thanhuman beings and other thanbacteria, viruses, andothermicroorganisms on or in living human beings or otherlivinganimals,that is injurious to health or the environment.

(I) The director may make reports to theUnited Statesenvironmentalprotection agency, in the form and containing theinformation theagency may require.

(J) The director shall adopt rules for theapplication,use, storage, anddisposal of pesticides if, in the director'sjudgment,existing programs of the UnitedStates environmentalprotection agency necessitate such rules or pesticidelabels donot sufficiently address issues or situations identified by thedepartment of agriculture or interested state agencies.

(K)The director shall adopt rules establishing all of thefollowing:

(1) Standards, requirements, and procedures for theexamination and re-examination of commercial applicators andprivate applicators;

(2) With respect to training programs that the director mayrequire commercial applicators and private applicators tocomplete:

(a) Standards and requirements that a training program mustsatisfy in order to be offered by the director or the director'srepresentative or in order to be approved by the director if athird party wishes to offer it;

(b) Eligibility standards and requirements that must besatisfied by third parties who wish to provide the trainingprograms;

(c) Procedures that third parties must follow in order tosubmit a proposed training program to the director for approval;

(d) Criteria that the director must consider whendeterminingwhether to authorize a commercial applicator orprivate applicatorto participate in a training program instead ofbeing required topass a re-examination.

(3) Trainingrequirements for a trained serviceperson.

(L) The director shall adopt all rules underthis chapter inaccordancewithChapter 119. ofthe Revised Code.

Sec. 923.44.  (A)(1) Except as otherwise provided indivisions (A)(2), (3), and (4) of this section, the firstdistributor of a commercial feed shall pay the director ofagriculture a semiannual inspection fee at the rate of ten twenty-five centsper ton, with a minimum payment of ten twenty-five dollars, on all commercialfeeds distributed by him the first distributor in this state.

(2) The semiannual inspection fee required under division(A)(1) of this section shall not be paid by the first distributorof a commercial feed if the distribution is made to an exemptbuyer who shall be responsible for the fee. The director shallestablish an exempt list consisting of those buyers who areresponsible for the fee.

(3) The semiannual inspection fee shall not be paid on acommercial feed if the fee has been paid by a previousdistributor.

(4) The semiannual inspection fee shall not be paid oncustomer-formula feed if the fee has been paid on the commercialfeeds which that are used as components in that customer-formula feed.

(B) Each distributor or exempt buyer who is required topay a fee under division (A)(1) or (2) of this section shall filea semiannual statement with the director that includes the numberof net tons of commercial feed distributed by him the distributor orexempt buyer in this state, within thirty days after the thirtieth day ofJune and within thirty days after the thirty-first day of December,respectively, of each calendar year.

The inspection fee at the rate stated in division (A)(1) ofthis section shall accompany the statement. For a tonnage reportthat is not filed or payment of inspection fees that is not madewithin fifteen days after the due date, a penalty of ten per centof the amount due, with a minimum penalty of fifty dollars shallbe assessed against the distributor or exempt buyer. The amountof fees due, plus penalty, shall constitute a debt and become thebasis of a judgment against the distributor or exempt buyer.

(C) No information furnished under this section shall bedisclosed by an employee of the department of agriculture in sucha way as to divulge the operation of any person required to makesuch a report.

Sec. 923.45.  The director of agriculture shall may publish at least annually insuch form as he the director considers proper:

(A) Information concerning the sale of commercial feed, including anyproduction and use data he the director considers advisable,provided that the data does not disclose the operation of any manufacturer ordistributor;

(B) A comparison of the analyses of official samples of commercial feedsdistributed in this state with the guaranteed analyses on the label.

Sec. 923.46.  All moneys collected by the director of agriculture undersections 923.41 to 923.55 of the Revised Code shall be deposited into thestate treasury to the credit of the commercial feed, fertilizer, seed, andlime inspection and laboratory fund created insection 905.38 of the Revised Code. Money credited to the fund shall be usedonly foradministering and enforcing this chapter and Chapter 905. of the Revised Codeand rules adopted under them.

The director shall prepare and provide a report concerning the fund inaccordance with section 905.381 of the Revised Code.

Sec. 926.01.  As used in this chapter:

(A) "Agricultural commodity" means barley, corn, oats,rye, grain sorghum, soybeans, wheat, sunflower, speltz, oranyother agricultural crop which that the director of agriculture maydesignate by rule. "Agricultural commodity" does not mean anygrain that is purchased for sale as seed.

(B) "Agricultural commodity handling" or "handling" means any of the following:

(1) Engaging in or participating in the business ofpurchasing an from producers agricultural commodity for sale, resale,processing, or commodities for any other use in the following volumes:

(a) In the case of purchases made from producers, more than excess ofthirty thousand bushels annually;

(b) In the case of purchases madefrom agricultural commodity handlers, more than one hundredthousand bushels annually;

(c) In the case of total purchasesmade from producers combined with total purchases made fromhandlers, more than one hundred thousand bushelsannually.

(2) Operating a warehouse as a bailee for the receiving,storing, shipping, or conditioning of an agricultural commodity;

(3) Receiving into a warehouse an agricultural commoditypurchased under a delayed price agreement;

(4) Providing marketing functions, including storage,delayed price marketing, deferred payment, feed agreements, orany other marketing transaction whereby control is exerted overthe monetary proceeds of a producer's agricultural commoditiesby a person other than the producer.

(C) "Agricultural commodity handler" or "handler" meansany person who is engaged in the business of agriculturalcommodity handling. "Agricultural commodity handler" or"handler" does not include a person who does not handle agriculturalcommodities as abailee and who purchases agricultural commodities in thefollowing volumes:

(1) Thirty thousand or fewer bushels annually from producers;

(2) One hundred thousand or fewer bushels annually from agriculturalcommodity handlers.

A person who does not handle agricultural commoditiesas a bailee and who annually purchases thirty thousand or fewerbushels of agricultural commodities from producers and onehundred thousand or fewer bushels of agricultural commoditiesfrom agricultural commodity handlers shall be considered to bean agricultural commodity handler if the combined annual volumeof purchases from the producers and the agricultural commodityhandlers exceeds one hundred thousand bushels.

(D) "Depositor" means:

(1) Any person who delivers an agricultural commodity to alicensed handler for storage, conditioning, shipment, or sale;

(2) Any owner or legal holder of a ticket or receiptissued for an agricultural commodity who is a creditor of thelicensed handler for the value of the agricultural commodity;

(3) Any licensed handler storing an agricultural commoditythat the licensed handler owns solely, jointly, or in commonwith others in awarehouse owned or controlled by the licensed handler or anyother licensedhandler.

(E) "Receipt" means a warehouse receipt issued by alicensed handler.

(F) "Nonnegotiable receipt" means a receipt on which it isstated that the agricultural commodity received will be deliveredto the depositor or to the order of any other person named in thereceipt.

(G) "Negotiable receipt" means a receipt on which it isstated that the agricultural commodity received will be deliveredto the bearer or to the order of any person named in the receipt.

(H) "Ticket" means a scale weight ticket, a load slip, orany evidence, other than a receipt, given to a depositor by alicensed handler upon delivery of an agricultural commodity tothe handler.

(I) "Warehouse" means any building, bin, protectedenclosure, or similar premises under the control of a licensed orunlicensed handler used for receiving, storing, shipping, orhandling an agricultural commodity.

(J) "Storage" means the deposit of an agriculturalcommodity into a warehouse either for the account of the licensedhandler operating the warehouse or for the account of adepositor.

(K) "Producer" means any person who grows an agriculturalcommodity on land that the person owns or leases.

(L) "Agent" means any person, other than a producer, whodelivers an agricultural commodity to a licensed handler, eitherfor sale or for storage, for the account of the producer.

(M) "Agricultural commodity tester" or "tester" means aperson who operates a moisture meter and other quality testingdevices to determine the quality of an agricultural commodity.

(N) "Federally licensed grain inspector" means a personwho is licensed by the United States department of agricultureunder the "United States Grain Standards Act," 39 Stat. 482(1916), 7 U.S.C. 71, as amended, to test and grade grain, as"grain" is defined in that act.

(O) "Bailee" means a person to whom an agriculturalcommodity is delivered in trust for storage in a warehouse withtitle remaining in the name of the depositor.

(P) "Bailor" means a person who delivers an agriculturalcommodity to a bailee in trust for storage in a warehouse withtitle remaining in the name of the depositor.

(Q) "Bailment agreement" means a bailor-bailee agreementbetween a depositor and a licensed handler as stated in the termsof a receipt that is issued for an agricultural commodity instorage and subject to the requirements of this chapter governingthe use of a receipt.

(R) "Delayed price agreement" means a written executorycontract executed by and between a licensed handler and adepositor that covers the sale and transfer of title of anagricultural commodity and states in its written terms theservice charges and the method for pricing the commodity at alater date.

(S) "Delayed price marketing" means the sale and transferof title of an agricultural commodity with the price to beestablished at a later date according to the terms of a delayedprice agreement.

(T) "Deferred payment"means the deferral of payment to a depositor by a licensedhandler for an agricultural commodity to which the licensedhandler has taken title, for the purpose of deferring income ofthe depositor from one tax year to another.

(U) "Feed agreement"means a written contract executed by and between a licensedhandler and a producer or depositor who delivers an agriculturalcommodity to the licensed handler for storage whereby each of the followingapplies:

(1) The producer or depositor transfers title to theagricultural commodity to the licensed handler in exchange for anominal sum;

(2) The producer, upon delivery of the agriculturalcommodity to the licensed handler, becomes a creditor of thelicensed handler due to the lien that arises under section926.021 of the RevisedCode;

(3) All or part of the agricultural commodity isreturned to the producer at a later date and used for feedpurposes.

(V) Notwithstandingsection 1.02 of the RevisedCode, "and" shall not be read"or" and "or" shall not be read "and."

Sec. 927.69.  To effect the purpose of sections 927.51 to 927.74of the Revised Code, the director of agriculture or the director's authorizedrepresentative may:

(A) Make reasonable inspection of any premises in this state and any propertytherein or thereon;

(B) Stop and inspect in a reasonable manner, any means of conveyance movingwithin this state upon probable cause to believe it contains or carries anypest, host, commodity, or other article that is subject to sections 927.51 to927.72 of the Revised Code;

(C) Conduct inspections of agricultural products that are required by other states, the United States department of agriculture, other federal agencies, or foreign countries to determine whether the products are infested. If, upon making such an inspection, the director or the director's authorized representative determines that an agricultural product is not infested, the director or the director's authorized representative may issue a certificate, as required by other states, the United States department of agriculture, other federal agencies, or foreign countries, indicating that the product is not infested.

If the director charges fees for any of the certificates, agreements, or inspections specified in this section, the fees shall be as follows:

(1) Phyto sanitary certificates, twenty-five dollars;

(2) Compliance agreements, twenty dollars;

(3) Solid wood packing certificates, twenty dollars;

(4) Agricultural products and their conveyances inspections, sixty-five dollars an amount equal to the hourly rate of pay in the highest step in the pay range, including fringe benefits, of a plant pest control specialist multiplied by the number of hours worked by such a specialist in conducting an inspection.

The director may adopt rules under section 927.52 of the Revised Code that define the certificates, agreements, and inspections.

The fees shall be deposited into the state treasury to the credit of the pesticide program fund created in Chapter 921. of the Revised Code. Money credited to the fund shall be used to pay the costs incurred by the department of agriculture in administering this chapter, including employing a minimum of two additional inspectors.

Sec. 1111.04.  (A) Prior to soliciting or engaging in trustbusiness in this state, a trust company shall pledge to the treasurer of stateinterest bearing securities authorized in division (B) of thissection, having a par value, not including unaccrued interest, of one hundredthousand dollars, and approved by the superintendent of financialinstitutions. The trust company may pledge the securities either by deliveryto the treasurer of state or by placing the securities with a qualifiedtrustee for safekeeping to the account of the treasurer of state, thecorporate fiduciary, and any other person having an interest in the securitiesunder Chapter 1109. of the Revised Code, as their respective interests may appearand be asserted by written notice to or demand upon the qualified trustee orby order of judgment of a court.

(B) Securities pledged by a trust company to satisfy therequirements of division (A) of this section shall be one or more ofthe following:

(1) Bonds, notes, or other obligations of or guaranteed by theUnited States or for which the full faith and credit of theUnited States is pledged for the payment of principal andinterest;

(2) Bonds, notes, debentures, or other obligations or securities issued byany agency or instrumentality of the United States;

(3) General obligations of this or any other state of the UnitedStates or any subdivision of this or any other state of theUnited States.

(C) The treasurer of state shall accept delivery of securitiespursuant to this section when accompanied by the superintendent's approval ofthe securities or the written receipt of a qualified trustee describing thesecurities and showing the superintendent's approval of the securities, andshall issue a written acknowledgment of the delivery of the securities or thequalified trustee's receipt and the superintendent's approval to the trustcompany.

(D) The superintendent shall approve securities to be pledged bya trust company pursuant to this section if the securities are all of thefollowing:

(1) Interest bearing and of the value required by division (A) ofthis section;

(2) Of one or more of the kinds authorized by division (B) ofthis section and not a derivative of or merelyan interest in any of those securities;

(3) Not in default.

(E) The treasurer of state shall, with the approval of thesuperintendent, permit a trust company to pledge securities in substitutionfor securities pledged pursuant to this section and the withdrawal of thesecurities substituted for so long as the securities remaining pledged satisfythe requirements of division (A) of this section. The treasurer ofstate shall permit a trust company to collect interest paid on securitiespledged pursuant to this section so long as the trust company is solvent. Thetreasurer of state shall, with the approval of the superintendent, permit atrust company to withdraw securities pledged pursuant to this section when thetrust company has ceased to solicit or engage in trust business in this state.

(F) For purposes of this section, a qualified trustee is afederal reserve bank located in this state, a branch of a federal reserve banklocated in this state regardless of where the branch is located, a federal home loan bank, or a trustcompany as defined in section 1101.01 of the Revised Code,except a trust company may not actas a qualified trustee for securities it or anyof its affiliates is pledging pursuant to this section.

(G) The superintendent, with the approval of the treasurer ofstate and the attorney general, shall prescribe the form of all receipts andacknowledgments provided for by this section, and upon request shall furnish acopy of each form, with the superintendent's certification attached, to eachqualified trustee eligible to hold securities for safekeeping under thissection.

Sec. 1327.511.  All money collected under section 1327.50 of the Revised Codefor services rendered by the department of agriculture in operating the typeevaluation program shall be deposited in the state treasury to the credit ofthe metrology and scale certification fund, which is hereby created. Money credited to thefund shall be used to pay operating costs incurred by the department inadministering the program.

Sec. 1502.02.  (A) There is hereby created in thedepartment of natural resources the division of recycling and litterprevention to be headed by the chief of recycling and litter prevention.

(B) There is hereby created in the state treasury therecycling and litter prevention fund, consisting of moneysdistributed to it from fees, including the fee levied under division (A)(2) of section 3714.073 of the Revised Code, gifts, donations, grants, reimbursements, and other sources, including investment earnings.

(C) The chief of recycling and litter prevention shall do all of thefollowing:

(1) Use moneys credited to the fund exclusively for thepurposes set forth in sections 1502.03, 1502.04, and 1502.05 ofthe Revised Code, with particular emphasis on programs relatingto recycling;

(2) Expend for administration of the division not more than ten per cent ofany fiscal year'sappropriation to the division, excluding the amount assessed tothe division for direct and indirect central support charges;

(3) Require recipients of grants under section 1502.05 ofthe Revised Code, as a condition of receiving and retaining them,to do all of the following:

(a) Create a separate account for the grants and any cashdonations received that qualify for the donor credit allowed bysection 5733.064 of the Revised Code;

(b) Make expenditures from the account exclusively for thepurposes for which the grants were received;

(c) Use any auditing and accounting practices thechief considers necessary regarding the account;

(d) Report to the chief information regarding the amountand donor of cash donations received as described by section5733.064 of the Revised Code;

(e) Use grants received to supplement and not to replaceany existing funding for such purposes.

(4) Report to the tax commissioner information the chief receivespursuant to division (C)(3)(d) of this section.

Sec. 1509.06. (A) An application for a permit to drill a newwell, drill an existing well deeper, reopen a well, convert awellto any use other than its original purpose, or plug back awell toa different source of supply shall be filed with thechief of thedivision of mineral resourcesmanagement upon such form as thechiefprescribes and shall contain each of the following that isapplicable:

(A)(1) The name and address of the owner and, if acorporation,the name and address of the statutory agent;

(B)(2) The signature of the owner or the owner's authorizedagent. When an authorized agent signs an application, it shall beaccompanied by a certified copy of the appointment as suchagent.

(C)(3) The names and addresses of all persons holding theroyalty interest in the tract upon which the well is located oristo be drilled or within a proposed drilling unit;

(D)(4) The location of the tract or drilling unit on whichthewell is located or is to be drilled identified by section orlotnumber, city, village, township, and county;

(E)(5) Designation of the well by name and number;

(F)(6) The geological formation to be tested or used and theproposed total depth of the well;

(G)(7) The type of drilling equipment to be used;

(H)(8) If the well is for the injection of a liquid, identityof the geological formation to be used as the injection zone andthe composition of the liquid to be injected;

(I)(9) For an application for a permit to drill a new well, a sworn statement that the applicant has provided notice of the application to the owner of each occupied dwelling unit that is located within five hundred feet of the surface location of the well if the surface location will be less than five hundred feet from the boundary of the drilling unit and more than fifteen occupied dwelling units are located less than five hundred feet from the surface location of the well, excluding any dwelling that is located on real property all or any portion of which is included in the drilling unit. The notice shall contain a statement that an application has been filed with the division of mineral resources management, identify the name of the applicant and the proposed well location, include the name and address of the division, and contain a statement that comments regarding the application may be sent to the division. The notice may be provided by hand delivery or regular mail. The identity of the owners of occupied dwelling units shall be determined using the tax records of the municipal corporation or county in which the dwelling unit is located as of the date of the notice.

(J)(10) A plan for restoration of the land surface disturbedbydrilling operations. The plan shall provide for compliancewiththe restoration requirements of division (A) of section1509.072of the Revised Code and any rules adopted by the chiefpertainingto that restoration.

(K)(11) A description by name or number of the county,township,and municipal corporation roads, streets, and highwaysthat theapplicant anticipates will be used for access to andegress fromthe well site;

(L)(12) Such other relevant information as the chiefprescribesby rule.

Each application shall be accompanied by a map, on a scalenot smaller than four hundred feet to the inch, prepared by anOhio registered surveyor, showing the location of the well andcontaining such other data as may be prescribed by the chief. Ifthe well is or is to be located within the excavations andworkings of a mine, the map also shall include the location ofthemine, the name of the mine, and the name of the personoperatingthe mine.

(B) The chief shall cause a copy of the weekly circularpreparedby the division to be provided to thecounty engineer of eachcounty that contains active or proposeddrilling activity. Theweekly circular shall contain, in themanner prescribed by thechief, the names of all applicants forpermits, the location ofeach well or proposed well, theinformation required by division(K)(A)(11) of this section, andanyadditional information the chiefprescribes. In addition, the chief promptly shall transfer an electronic copy or facsimile, or if those methods are not available to a municipal corporation or township, a copy via regular mail, of a drilling permit application to the clerk of the legislative authority of the municipal corporation or to the clerk of the township in which the well or proposed well is or is to be located if the legislative authority of the municipal corporation or the board of township trustees has asked to receive copies of such applications and the appropriate clerk has provided the chief an accurate, current electronic mailing address or facsimile number, as applicable.

(C) The chief shall notissue a permit for at least ten daysafter the date of filing ofthe application for the permit unless,upon reasonable causeshown, the chief waives that period or arequest forexpedited review isfiled under this section.However,the chief shall issue apermit within twenty-one days ofthefiling of the applicationunless the chief denies theapplicationby order.

(D) An applicant may file a request with the chief forexpeditedreview of a permit application if the well is notoris not to belocated in a gas storage reservoir or reservoirprotective area,as "reservoir protective area" is defined insection 1571.01 ofthe Revised Code. If the well is or is to belocated in a coalbearing township, the application shall beaccompanied by theaffidavit of the landowner prescribed insection 1509.08 of theRevised Code.

In addition to a complete application for a permit that meetstherequirements of this section and the permit fee prescribed bythis section, arequest for expedited review shall be accompaniedby a separate nonrefundablefilingfee of five hundred dollars.Upon the filing of a request forexpedited review, the chief shallcause the county engineer of the county inwhich the wellis or isto be located to be notified of the filing of the permitapplication and the request for expedited review by telephone orother means that in the judgment of the chiefwill providetimelynotice of the application and request. Thechief shall issue apermit within seven days of the filing of therequest unless thechief denies the application by order. Notwithstanding theprovisions of this section governingexpedited review of permitapplications, the chief may refuse toaccept requests forexpedited review if, in the chief'sjudgment, theacceptance ofthe requests would prevent the issuance, withintwenty-one days oftheir filing, of permits for whichapplications are pending.

(E) A well shall be drilled and operated in accordance with theplans, sworn statements, and other information submitted in theapproved application.

(F) The chief shall issue an order denying a permit if thechieffinds that there is a substantial risk that the operationwillresult in violations of this chapter or rules adoptedunder itthat will present an imminent danger topublic healthor safety ordamage to the environment, provided that where thechief findsthat terms or conditions to the permit can reasonablybe expectedto prevent such violations, the chief shall issue thepermitsubject to those terms or conditions, including, if applicable, terms and conditions regarding subjects identified in rules adopted under section 1509.03 of the Revised Code.

(G) Each application for a permit required by section 1509.05ofthe Revised Code, except an application to plug back an existing well that is required by that section and an application for a well drilled orreopened for purposes of section 1509.22 of the Revised Code,alsoshall be accompanied by a nonrefundable fee of two as follows:

(1) Two hundredfiftydollars for a permit to conduct activities in a township with a population of fewer than five thousand;

(2) Five hundred dollars for a permit to conduct activities in a township with a population of five thousand or more, but fewer than ten thousand;

(3) Seven hundred fifty dollars for a permit to conduct activities in a township with a population of ten thousand or more, but fewer than fifteen thousand;

(4) One thousand dollars for a permit to conduct activities in either of the following:

(a) A township with a population of fifteen thousand or more;

(b) A municipal corporation regardless of population.

For purposes of calculating fee amounts, populations shall be determined using the most recent federal decennial census.

Each application for the revision or reissuance of a permit shall be accompanied by a nonrefundable fee of two hundred fifty dollars.

(H) The chief may order the immediate suspension of drilling,operating, or plugging activities after finding thatany person iscausing, engaging in, or maintaining a condition or activitythatin the chief's judgment presents animminent danger topublichealth or safety or results in or is likely to result inimmediatesubstantial damage to natural resources or fornonpayment of the afee required by this section. The chief mayorder the immediatesuspension of the drilling or reopening of awell in a coalbearingtownship after determining that the drilling or reopeningactivities presentan imminent and substantial threat to publichealth or safety or to miners'health or safety. Before issuinganysuch order, the chief shall notify the owner in such manner asinthe chief's judgment would provide reasonable notification thatthe chief intends to issue a suspension order. The chief mayissue suchan order without prior notification if reasonableattempts tonotify the owner have failed, but in such an eventnotificationshall be given as soon thereafter as practical.Within fivecalendar days after the issuance of the order, thechief shallprovide the owner an opportunity to be heard and topresentevidence that the condition or activity is not likely toresultin immediate substantial damage to natural resources ordoes notpresent an imminent danger to public health or safety orto miners' healthor safety, if applicable. In the case ofactivities in a coal bearing township, if the chief, afterconsidering evidence presented by the owner, determines that theactivities donot present such a threat, the chief shall revokethe suspensionorder. Notwithstanding any provision of thischapter, the ownermayappeal a suspension order directly to thecourt of commonpleas of thecounty in which the activity islocated or, if in a coal bearing township,to thereclamationcommission under section 1513.13 of the RevisedCode.

Sec. 1509.072.  No oil or gas well owner or agent of an oil orgas well owner shall fail to restore the land surface within the areadisturbed in siting, drilling, completing, and producing the well as requiredin this section.

(A) Within five months after the date upon which thesurface drilling of a well is commenced, the owner or theowner's agent, in accordance with therestorationplan filed underdivision (J)(A)(10) of section 1509.06 of the Revised Code,shall fill all thepits for containing brine, other waste substances resulting,obtained, or produced in connection with exploration ordrilling for, or production of, oil or gas, or oil that arenot requiredbyother state or federal law or regulation, and remove all concretebases, drilling supplies, and drilling equipment. Within ninemonths after the date upon which the surface drilling of a wellis commenced, the owner or the owner's agent shall grade orterrace andplant, seed, or sod the area disturbed that is not required inproduction of the well where necessary to bind the soil andprevent substantial erosion and sedimentation. If the chief ofthe division of mineral resources management findsthat a pit used for containingbrine, other waste substances, or oil is in violation of section1509.22 of the Revised Code or rules adopted or orders issuedunder it, the chief may require the pit to be emptiedandclosed before expiration of the five-month restoration period.

(B) Within six months after a well that has produced oilor gas is plugged, or after the plugging of a dry hole, the owneror the owner's agent shall remove all production and storagestructures,supplies, and equipment, and any oil, salt water, and debris, andfill any remaining excavations. Within that period theowner orthe owner's agent shall grade or terrace and plant, seed, orsod the areadisturbed where necessary to bind the soil and preventsubstantial erosion and sedimentation.

The owner shall be released from responsibility to performany or all restoration requirements of this section on any partor all of the area disturbed upon the filing of a request for awaiver with and obtaining the written approval of the chief,which request shall be signed by the surface owner to certify theapproval of the surface owner of the release sought. The chiefshall approve the request unless the chieffinds uponinspection thatthe waiver would be likely to result in substantial damage toadjoining property, substantial contamination of surface orunderground water, or substantial erosion or sedimentation.

The chief, by order, may shorten the time periods providedfor under division (A) or (B) of this section if failure toshorten the periods would be likely to result in damage to publichealth or the waters or natural resources of the state.

The chief, upon written application by an owner or anowner's agent showing reasonable cause, may extend the periodwithin whichrestoration shall be completed under divisions (A) and (B) ofthis section, but not to exceed a further six-month period,except under extraordinarily adverse weather conditions or whenessential equipment, fuel, or labor is unavailable to the owneror the owner's agent.

If the chief refuses to approve a request for waiver orextension, the chief shall do so by order.

Sec. 1509.31.  Whenever the entire interest of an oil andgas lease is assigned or otherwise transferred, the assignor ortransferor shall notify the holders of the royalty interests,and, if a well or wells exist on the lease, the division of mineral resourcesmanagement, of the name and address ofthe assignee or transferee bycertified mail, return receipt requested, not later than thirtydays after the date of the assignment or transfer. When noticeof any such assignment or transfer is required to be provided tothe division, it shall be provided on a form prescribed andprovided by the division and verified by both the assignor ortransferor and by the assignee or transferee. The notice formapplicable to assignments or transfers of a well to the owner ofthe surface estate of the tract on which the well is locatedshall contain a statement informing the landowner that the wellmay require periodic servicing to maintain its productivity;that, upon assignment or transfer of the well to thelandowner, the landowner becomes responsible for compliance with therequirements of this chapter and rules adopted under it,including, without limitation, the proper disposal of brineobtained from the well, the plugging of the well when it becomesincapable of producing oil or gas, and the restoration of thewell site; and that, upon assignment or transfer of the well tothe landowner, the landowner becomes responsible for thecosts of compliance with the requirements of this chapter and rulesadopted under it and the costs for operating and servicing thewell.

The owner holding a permit under section 1509.05 of theRevised Code is responsible for all obligations and liabilitiesimposed by this chapter and any rules, orders, and terms andconditions of a permit adopted or issued underit, and no assignment ortransfer by the owner relieves the owner of the obligations andliabilities until and unless the assignee or transferee fileswith the division the information described indivisions (A)(1), (B)(2), (C)(3), (D)(4), (E)(5), (J)(10), (K)(11),and (L)(12) of section 1509.06 of the Revised Code;obtains liability insurance coverage requiredby section 1509.07 of theRevised Code, except when none is required by that section; andexecutes and files a surety bond, negotiable certificates ofdeposit or irrevocable letters of credit, or cash, as described inthat section. Instead of a bond,but only upon acceptance by the chief of the division of mineral resourcesmanagement,the assignee or transferee may file proof of financialresponsibility, described in section 1509.07 of the Revised Code. Section 1509.071 of the Revised Code applies to the surety bond,cash, and negotiable certificates of deposit and irrevocable letters ofcredit described in thissection. Unless the chief approves a modification, each assigneeor transferee shall operate in accordance with the plans andinformation filed by the permit holder pursuant to section1509.06 of the Revised Code.

Sec. 1515.14.  Within the limits of funds appropriated tothe department of natural resources and the soil and water conservation district assistance fund created in this section, there shall be paid in eachcalendar year to each local soil and water conservation districtan amount not to exceed one dollar for each one dollar receivedin accordance with section 1515.10 of the Revised Code, received from tax levies in excess of the ten-mill levy limitation approved for the benefit of local soil and water conservation districts, orreceived from an appropriation by a municipal corporation ora township to a maximum of eightthousand dollars, provided that the Ohio soil and waterconservation commission may approve payment to a district in anamount in excess of eight thousand dollars in any calendar yearupon receipt of a request and justification from the district.The county auditor shall credit such payments to the special fundestablished pursuant to section 1515.10 of the Revised Code forthe local soil and water conservation district. The departmentmay make advances at least quarterly to each district on thebasis of the estimated contribution of the state to eachdistrict. Moneys received by each district shall be expended forthe purposes of the district.

For the purpose of providing money to soil and water conservation districts under this section, there is hereby created in the state treasury the soil and water conservation district assistance fund consisting of money credited to it under section 3714.073 of the Revised Code.

Sec. 1517.02.  There is hereby created in the department ofnatural resources the division of natural areas and preserves,which shall be administered by the chief of natural areas and preserves. The chief shall take an oath ofoffice and shall file in the office of the secretary of state abond signed by the chief and by a surety approved by thegovernor for asum fixed pursuant to section 121.11 of the Revised Code.

The chief shall administer a system of naturepreserves and wild, scenic, and recreational river areas. Thechief shall establish a system of nature preserves throughacquisition and dedication of natural areas of state or nationalsignificance, which shall include, but not be limited to, areaswhich that represent characteristic examples of Ohio's naturallandscape types and its natural vegetation and geologicalhistory. The chief shall encourage landowners to dedicate areasof unusual significance as nature preserves, and shall establishand maintain a registry of natural areas of unusual significance.

The chief may supervise, operate, protect, and maintainwild, scenic, and recreational river areas, as designated by thedirector of natural resources. The chief may cooperate withfederal agencies administering any federal program concerningwild, scenic, or recreational river areas.

The chief may, with the approval of the director, enterinto an agreement with the United States department of commerceunder the "Coastal Zone Management Act of 1972," 86 Stat. 1280,16 U.S.C.A. 1451, as amended, for the purpose of receiving grantsto continue the management, operation, research, and programmingat old woman creek national estuarine research reserve.

The chief shall do the following:

(A) Formulate policies and plans for the acquisition, use,management, and protection of nature preserves;

(B) Formulate policies for the selection of areas suitablefor registration;

(C) Formulate policies for the dedication of areas asnature preserves;

(D) Prepare and maintain surveys and inventories ofnatural areas and habitats of rare and endangered species ofplants and animals;

(E) Adopt rules for the use, visitation, and protection ofnature preserves, "natural areas owned or managed througheasement, license, or lease by the department and administered bythe division," and lands owned "or managed through easement,license, or lease" by the department and administered by thedivision which that are within or adjacent to any wild, scenic, orrecreational river area, in accordance with Chapter 119. of theRevised Code;

(F) Provide facilities and improvements within the statesystem of nature preserves that are necessary for theirvisitation, use, restoration, and protection and do not impairtheir natural character;

(G) Provide interpretive programs and publish anddisseminate information pertaining to nature preserves andnatural areas for their visitation and use;

(H) Conduct and grant permits to qualified persons for theconduct of scientific research and investigations within naturepreserves;

(I) Establish an appropriate system for marking naturepreserves;

(J) Publish and submit to the governor and the generalassembly a biennial report of the status and condition of eachnature preserve, activities conducted within each preserve, andplans and recommendations for natural area preservation.

Sec. 1521.062.  (A) All dams, dikes, and leveesconstructed in this state and not exempted by this section or bythe chief of the division of water under section 1521.06 of theRevised Code shall be inspected periodically by the chief to, except for classes of dams that, in accordance with rules adopted under this section, are required to be inspected by registered professional engineers who have been approved for that purpose by the chief. The inspection shallensure that continued operation and use of the dam, dike, orlevee does not constitute a hazard to life, health, or property.Periodic inspections shall not be required of the followingstructures:

(1) A dam that is less than ten feet in height and has astorage capacity of not more than fifty acre-feet at theelevation of the top of the dam, as determined by the chief. Forthe purposes of this section, the height of a dam shall bemeasured from the natural stream bed or lowest ground elevationat the downstream or outside limit of the dam to the elevation ofthe top of the dam.

(2) A dam, regardless of height, that has a storagecapacity of not more than fifteen acre-feet at the elevation ofthe top of the dam, as determined by the chief;

(3) A dam, regardless of storage capacity, that is sixfeet or less in height, as determined by the chief;

(4) A dam, dike, or levee belonging to a class exempted bythe chief;

(5) A dam, dike, or levee that has been exempted inaccordance with rules adopted under section 1521.064 of theRevised Code.

(B) In accordance with rules adopted under this section, the owner of a dam that is in a class of dams that is designated in the rules for inspection by registered professional engineers shall obtain the services of a registered professional engineer who has been approved by the chief to conduct the periodic inspection of dams pursuant to schedules and other standards and procedures established in the rules. The registered professional engineer shall prepare a report of the inspection in accordance with the rules and provide the inspection report to the dam owner who shall submit it to the chief. A dam that is designated under the rules for inspection by a registered professional engineer but that is not inspected within a five-year period may be inspected by the chief at the owner's expense.

(C) Intervals between periodic inspections shall bedetermined by the chief, but shall not exceed five years. Thechief may use inspection reports prepared for the owner of thedam, dike, or levee by a registered professional engineer.

(C) The owner (D) In the case of a dam, dike, or levee that the chief inspects, the chief shall be furnished furnish a report of each theinspection and to the owner of the dam, dike, or levee. With regard to a dam, dike, or levee that has been inspected, either by the chief or by a registered professional engineer, and that is the subject of an inspection report prepared or received by the chief, the chief shall be informed of inform the owner of any required repairs,maintenance, investigations, and other remedial and operationalmeasures by the chief. The chief shall order the owner toperform such repairs, maintenance, investigations, or otherremedial or operational measures as he the chief considersnecessary tosafeguard life, health, or property. The order shall permit theowner a reasonable time in which to perform the needed repairs,maintenance, investigations, or other remedial measures, and thecost thereof shall be borne by the owner. All orders of thechief are subject to appeal as provided in Chapter 119. of theRevised Code. The attorney general, upon written request of thechief, may bring an action for an injunction against any personwho violates this section or to enforce an order of the chiefmade pursuant to this section.

(D)(E) The owner of a dam, dike, or levee shall monitor,maintain, and operate the structure and its appurtenances safelyin accordance with state rules, terms and conditions of permits,orders, and other requirements issued pursuant to this section orsection 1521.06 of the Revised Code. The owner shall fully andpromptly notify the division of water and other responsibleauthorities of any condition which that threatens the safety of thestructure and shall take all necessary actions to safeguard life,health, and property.

(E)(F) Before commencing the repair, improvement, alteration,or removal of a dam, dike, or levee, the owner shall file anapplication including plans, specifications, and other requiredinformation with the division and shall secure written approvalof the application by the chief. Emergency actions by the ownerrequired to safeguard life, health, or property are exempt fromthis requirement. The chief may, by rule, define maintenance,repairs, or other remedial measures of a routine nature which that areexempt from this requirement.

(F)(G) The chief may remove or correct, at the expense of theowner, any unsafe structures found to be constructed ormaintained in violation of this section or section 1521.06 of theRevised Code. In the case of an owner other than a governmentalagency, the cost of removal or correction of any unsafestructure, together with a description of the property on whichthe unsafe structure is located, shall be certified by the chiefto the county auditor and placed by the county auditor upon thetax duplicate. This cost is a lien upon the lands from the dateof entry and shall be collected as other taxes and returned tothe division. In the case of an owner that is a governmentalagency, the cost of removal or correction of any unsafe structureshall be recoverable from the owner by appropriate action in acourt of competent jurisdiction.

(G)(H) If the condition of any dam, dike, or levee is found,in the judgment of the chief, to be so dangerous to the safety oflife, health, or property as not to permit time for the issuanceand enforcement of an order relative to repair, maintenance, oroperation, the chief shall employ any of the following remedialmeans necessary to protect life, health, and property:

(1) Lower the water level of the lake or reservoir byreleasing water;

(2) Completely drain the lake or reservoir;

(3) Take such other measures or actions as he the chiefconsidersnecessary to safeguard life, health, and property.

The chief shall continue in full charge and control of the dam,dike, or levee until the structure is rendered safe. The cost ofthe remedy shall be recoverable from the owner of the structureby appropriate action in a court of competent jurisdiction.

(H)(I) The chief may accept and expend gifts, bequests, andgrants from the United States government or from any other publicor private source and may contract with the United Statesgovernment or any other agency or entity for the purpose ofcarrying out the dam safety functions set forth in this sectionand section 1521.06 of the Revised Code.

(J) In accordance with Chapter 119. of the Revised Code, the chief shall adopt, and may amend or rescind, rules that do all of the following:

(1) Designate classes of dams for which dam owners must obtain the services of a registered professional engineer to periodically inspect the dams and to prepare reports of the inspections for submittal to the chief;

(2) Establish standards in accordance with which the chief must approve or disapprove registered professional engineers to inspect dams together with procedures governing the approval process;

(3) Establish schedules, standards, and procedures governing periodic inspections and standards and procedures governing the preparation and submittal of inspection reports;

(4) Establish provisions regarding the enforcement of this section and rules adopted under it.

Sec. 1531.27.  The chief of the division of wildlife shall payto the treasurers of the several counties wherein lands owned bythe state and administered by the division are situate located an annualamount determined in the following manner: in each such countyone per cent of the total value of such lands exclusive ofimprovements, as shown on the auditor's records of taxable valueof real property existing at the time when the state acquired thetract or tracts comprising such the lands.

Such The payments shall be made from funds accruing to thedivision of wildlife from the sale of hunting or fishing licensesand federal wildlife restoration funds, and the from fines, penalties, and forfeitures deposited into the state treasury to the credit of the wildlife fund created in section 1531.17 of the Revised Code. The allocation ofamounts to be paid from such those sources shall be determined by thedirector of natural resources.

Such The payments to the treasurers of the several countiesshall be credited to the fund for school purposes within theschool districts wherein such the lands are situate located.

Sec. 1533.10.  Except as provided in this section ordivision (A)(2) of section 1533.12 of the Revised Code, no personshall hunt any wild bird or wild quadruped without a huntinglicense. Each day that any person hunts within the state withoutprocuring such a license constitutes a separate offense. Except as otherwise provided in this section, everyapplicant for a hunting license who is a resident of the stateand sixteen eighteen years of age or more shallprocure a resident hunting license,the fee for which shall be eighteen dollars, unless the rulesadopted under division (B) of section 1533.12 of the Revised Codeprovide for issuance of a resident hunting license to theapplicant free of charge. Except as provided in rules adopted under division (B)(2) of that section, each applicant who is a resident of this state and who at the time of application is sixty-six years of age or older shall procure a special senior hunting license, the fee for which shall be one-half of the regular hunting license fee. Every applicant who is under the age of sixteen eighteen years shall procure aspecial youth hunting license, the fee for which shall beone-half of the regular hunting license fee. The owner of lands in thestate and theowner's children of anyage and grandchildren under eighteen years of age may hunton the landswithout a hunting license. The tenant and children ofthe tenant, residing on lands in the state, may hunton them without a hunting license. Every Except as otherwise provided in division (A)(1) of section 1533.12 of the Revised Code, every applicant fora huntinglicense who is a nonresident of the state and who is sixteen eighteen years of age or older shall procure anonresident hunting license, the fee for which shall be one hundred twenty-four dollars, unless the applicant is a resident of a state that is aparty to an agreement under section 1533.91 of the Revised Code,in which case the fee shall be eighteen dollars.

The chief of the division of wildlife may issue a small game hunting license expiring three days from the effectivedate of the license to a nonresident of the state, the fee forwhich shall be thirty-nine dollars. No person shall take orpossess deer, wild turkeys, fur-bearing animals, ducks, geese, brant,or any nongame animal whilepossessing only a small game hunting license. A small game hunting license does not authorize the taking or possessing ofducks, geese, or brant without having obtained, in addition tothe small game hunting license, a wetlands habitatstamp as provided in section 1533.112 of the Revised Code. A small game hunting license does not authorize the takingor possessing of deer, wild turkeys, or fur-bearing animals. Anonresident of the state who wishes to take or possess deer,wild turkeys, or fur-bearing animals in this state shallprocure, respectively, a special deer or wild turkey permit asprovided in section 1533.11 of the Revised Code or a furtaker permit as provided in section 1533.111 of the RevisedCode in addition to a nonresident hunting license or a special youth hunting license, as applicable, as provided in thissection.

No person shall procure or attempt to procure a huntinglicense by fraud, deceit, misrepresentation, or any falsestatement.

This section does not authorize the taking and possessingof deer or wild turkeys without first having obtained, inaddition to the hunting license required by this section, aspecial deer or wild turkey permit as provided in section 1533.11of the Revised Code or the taking and possessing of ducks, geese,or brant without first having obtained, in addition to thehunting license required by this section, a wetlands habitatstamp as provided in section 1533.112 of the Revised Code.

This section does not authorize the hunting or trapping offur-bearing animals without first having obtained, in addition toa hunting license required by this section, a fur taker permit asprovided in section 1533.111 of the Revised Code.

No hunting license shall be issued unless it is accompanied by a writtenexplanation of the law in section 1533.17of the Revised Code and the penalty for itsviolation, including a description of terms of imprisonment and fines that maybe imposed.

No hunting license shall be issued unless the applicantpresents to the agent authorized to issue the license apreviously held hunting license or evidence of having held such alicense in content and manner approved by the chief, acertificate of completion issued upon completion of a huntereducation and conservation course approved by the chief, orevidence of equivalent training in content and manner approved bythe chief.

No person shall issue a hunting license to any person whofails to present the evidence required by this section. Noperson shall purchase or obtain a hunting license withoutpresenting to the issuing agent the evidence required by thissection. Issuance of a hunting license in violation of therequirements of this section is an offense by both the purchaserof the illegally obtained hunting license and the clerk or agentwho issued the hunting license. Any hunting license issued inviolation of this section is void.

The chief, with approval of the wildlife council, shalladopt rules prescribing a hunter education and conservationcourse for first-time hunting license buyers and for volunteerinstructors. The course shall consist of subjects including, butnot limited to, hunter safety and health, use of huntingimplements, hunting tradition and ethics, the hunter andconservation, the law in section 1533.17of the Revised Code along with the penalty foritsviolation, including a description of terms of imprisonment and fines that maybe imposed, and other law relating to hunting. Authorizedpersonnel of the division or volunteer instructors approved bythe chief shall conduct such courses with such frequency and atsuch locations throughout the state as to reasonably meet theneeds of license applicants. The chief shall issue a certificateof completion to each person who successfully completes thecourse and passes an examination prescribed by the chief.

Sec. 1533.11.  (A) Except as provided in this section, noperson shall hunt deer on lands of another without firstobtaining an annual special deer permit. Except as provided inthis section, no person shall hunt wild turkeys on lands ofanother without first obtaining an annual special wild turkeypermit. Each applicant for a special deer or wild turkey permitshall pay an annual fee of twenty-three dollars for each permit unless the rules adopted under division (B)of section 1533.12 of the Revised Code provide for issuance of adeer or wild turkey permit to the applicant free of charge. Except as provided in rules adopted under division (B)(2) of that section, each applicant who is a resident of this state and who at the time of application is sixty-six years of age or older shall procure a special senior deer or wild turkey permit, the fee for which shall be one-half of the regular special deer or wild turkey permit fee. Each applicant who is under the age of sixteen eighteen years shall procure a special youth deer or wild turkey permit, the fee for which shall be one-half of the regular special deer or wild turkey permit fee.Except as provided in division (A)(2) of section 1533.12 of theRevised Code, a deer or wild turkey permit shall run concurrentlywith the hunting license. The money received shall be paid into the statetreasury to the credit of the wildlife fund, created in section1531.17 of the Revised Code, exclusively for the use of thedivision of wildlife in the acquisition and development of landfor deer or wild turkey management, for investigating deer orwild turkey problems, and for the stocking, management, andprotection of deer or wild turkey. Every person, while huntingdeer or wild turkey on lands of another, shall carry theperson's special deer or wild turkey permit and exhibit itto any enforcement officer so requesting. Failure to so carry andexhibit such a permit constitutes an offense under this section.The chief of the division of wildlife shall adopt any additionalrules the chief considers necessary to carry out this sectionand section 1533.10 of the Revised Code.

The owner and the children of the owner of lands in thisstate may hunt deer or wild turkey thereon without a special deeror wild turkey permit. The tenant and children of thetenant may hunt deer or wild turkey on lands wherethey reside without a special deer or wild turkey permit.

(B) A special deer or wild turkey permit is nottransferable. No person shall carry a special deer or wildturkey permit issued in the name of another person.

(C) The wildlife refunds fund is hereby created in thestate treasury. The fund shall consist of money received fromapplication fees for special deer permits that are not issued.Money in the fund shall be used to make refunds of suchapplication fees.

Sec. 1533.111.  Except as provided in this section ordivision (A)(2) of section 1533.12 of the Revised Code, no personshall hunt or trap fur-bearing animals on land of another withoutfirst obtaining an annual fur taker permit. Each applicant for afur taker permit shall pay an annual fee of fourteen dollars forthe permit, except as otherwise provided in this section orunless the rules adopted under division (B) of section 1533.12 ofthe Revised Code provide for issuance of a fur taker permit tothe applicant free of charge. Except as provided in rules adopted under division (B)(2) of that section, each applicant who is a resident of this state and who at the time of application is sixty-six years of age or older shall procure a special senior fur taker permit, the fee for which shall be one-half of the regular fur taker permit fee. Each applicant who is a residentof the state and under the age of sixteen eighteen years shall procure aspecial youth fur taker permit, the fee for which shall beone-half of the regular fur taker permit fee. The fur taker permit shall run concurrently withthe hunting license. The money received shall be paid into thestate treasury to the credit of the fund established in section1533.15 of the Revised Code.

No fur taker permit shall be issued unless it is accompanied by a writtenexplanation of the law in section 1533.17of the Revised Code and the penalty for itsviolation, including a description of terms of imprisonment and fines that maybe imposed.

No fur taker permit shall be issued unless the applicantpresents to the agent authorized to issue a fur taker permit apreviously held hunting license or trapping or fur taker permitor evidence of having held such a license or permit in content andmanner approved by the chief of the division of wildlife, acertificate of completion issued upon completion of a trappereducation course approved by the chief, or evidence of equivalenttraining in content and manner approved by the chief.

No person shall issue a fur taker permit to any person whofails to present the evidence required by this section. Noperson shall purchase or obtain a fur taker permit withoutpresenting to the issuing agent the evidence required by thissection. Issuance of a fur taker permit in violation of therequirements of this section is an offense by both the purchaserof the illegally obtained permit and the clerk or agent whoissued the permit. Any fur taker permit issued in violation ofthis section is void.

The chief, with approval of the wildlife council, shalladopt rules prescribing a trapper education course for first-timefur taker permit buyers and for volunteer instructors. Thecourse shall consist of subjects that include, but are notlimited to, trapping techniques, animal habits andidentification, trapping tradition and ethics, the trapper andconservation, the law in section 1533.17of the Revised Code along with the penalty forits violation, including a description of terms of imprisonment and fines thatmay be imposed, and other law relating totrapping. Authorizedpersonnel of the division of wildlife or volunteer instructorsapproved by the chief shall conduct the courses with suchfrequency and at such locations throughout the state as toreasonably meet the needs of permit applicants. The chief shallissue a certificate of completion to each person who successfullycompletes the course and passes an examination prescribed by thechief.

Every person, while hunting or trapping fur-bearinganimals on lands of another, shall carry the person's furtaker permit affixed to the person's hunting license withthe person's signature written acrossthe face of on the permit. Failure to carry such a signed permitconstitutes an offense under this section. The chief shall adopt anyadditional rules the chief considers necessary to carryout this section.

The owner and the children of the owner of lands in thisstate may hunt or trap fur-bearing animals thereon without a furtaker permit. The tenant and children of the tenant may hunt or trap fur-bearing animals on landswhere they reside without a fur taker permit.

A fur taker permit is not transferable. No person shallcarry a fur taker permit issued in the name of another person.

A fur taker permit entitles a nonresident to takefrom this state fur-bearing animals taken and possessed by thenonresident as provided by law or division rule.

Sec. 1533.112.  Except as provided in thissection or unless otherwise provided by division rule, noperson shall hunt ducks, geese, or brant on the lands of anotherwithout first obtaining an annual wetlands habitat stamp. Theannual fee for the wetlands habitat stamp shall be fourteen dollarsfor each stamp unless the rules adopted under division (B)of section 1533.12 provide for issuance of a wetlands habitatstamp to the applicant free of charge.

Moneys received from the stamp fee shall be paid into the state treasury to thecredit of the wetlands habitat fund, which is hereby established.Moneys shall be paid from the fund on the order of the directorof natural resources for the following purposes:

(A) Sixty per cent for projects that the division approvesfor the acquisition, development, management, or preservation ofwaterfowl areas within the state;

(B) Forty per cent for contribution by the division to anappropriate nonprofit organization for the acquisition,development, management, or preservation of lands and waterswithin the United States or Canada that provide or will provide habitat for waterfowlwith migration routes that cross this state.

No moneys derived from the issuance of wetlands habitatstamps shall be spent for purposes other than those specified bythis section. All investment earnings of the fund shall becredited to the fund.

Wetlands habitat stamps shall be furnished by and in a form prescribedby the chief ofthe division of wildlife and issued by clerks and other agentsauthorized to issue licenses and permits under section 1533.13 ofthe Revised Code. The record of stamps kept by the clerks andother agents shall be uniform throughout the state, in such formor manner as the director prescribes, and open at all reasonablehours to the inspection of any person. Unless otherwiseprovided by rule, each stampshall remainin force until midnight of the thirty-first day of August nextensuing. Wetlands habitat stamps may be issued in any manner toany person on any date, whether or not that date is within theperiod in which they are effective.

Every person to whom this section applies, while huntingducks, geese, or brant, shall carry an unexpired wetlands habitatstamp that is validated by the person's signature written onthe stamp inink and shall exhibit the stamp to any enforcement officer sorequesting. No person shall fail to carry and exhibit theperson's stamp.

A wetlands habitat stamp is not transferable.

The chief shall establish a procedure to obtain subjectmatter to be printed on the wetlands habitat stamp and shall use,dispose of, or distribute the subject matter as the chiefconsidersnecessary. The chief also shall adoptrules necessary toadminister this section.

This section does not apply to persons under sixteen yearsof age nor to persons exempted from procuring a hunting licenseunder section 1533.10 or division (A)(2) of section 1533.12 of theRevised Code.

Sec. 1533.12.  (A)(1) Except as otherwise provided in division (A)(2) of this section, every person on active duty in the armed forces of the United States who is stationed in this state and who wishes to engage in an activity for which a license, permit, or stamp is required under this chapter first shall obtain the requisite license, permit, or stamp. Such a person is eligible to obtain a resident hunting or fishing license regardless of whether the person qualifies as a resident of this state. To obtain a resident hunting or fishing license, the person shall present a card or other evidence identifying the person as being on active duty in the armed forces of the United States and as being stationed in this state.

(2) Every person on active duty in thearmed forces of the United States, while on leave or furlough,may take or catch fish of the kind lawfully permitted to be takenor caught within the state, may hunt any wild bird or wildquadruped lawfully permitted to be hunted within the state, andmay trap fur-bearing animals lawfully permitted to be trappedwithin the state, without procuring a fishing license, a huntinglicense, a fur taker permit, or a wetlands habitat stamp requiredby this chapter, provided that the person shall carry on the person whenfishing, hunting, or trapping, a card or otherevidence identifying the person asbeing on active duty in the armedforces of the United States, and provided that the person is nototherwise violating any of the hunting, fishing, and trappinglaws of this state.

In order to hunt deer or wild turkey, any such person shallobtain a special deer or wild turkey permit, as applicable, undersection 1533.11 of the Revised Code. However, the person neednot obtain a hunting license in order to obtain such a permit.

(B) The chief of the division of wildlife shall provide byrule adopted under section 1531.10 of the Revised Code all ofthe following:

(1) Every resident of this state with a disability thathas been determined by the veterans administration to bepermanently and totally disabling, who receives a pension orcompensation from the veterans administration, and who receivedan honorable discharge from the armed forces of the UnitedStates, and every veteran to whom the registrar of motor vehicleshas issued a set of license plates under section 4503.41 of theRevised Code, shall be issued an annual fishing license, huntinglicense, fur taker permit, deer or wild turkey permit, orwetlands habitat stamp, or any combination of those licenses,permits, and stamp, free of charge when application is made tothe chief in the manner prescribed by and on forms provided bythe chief.

(2) Every resident of the state who was born on or before December 31, 1937, shall be issued an annual fishing license, huntinglicense, fur taker permit, deer or wild turkey permit, orwetlands habitat stamp, or any combination of those licenses,permits, and stamp, free of charge when application is made tothe chief in the manner prescribed by and on forms provided bythe chief.

(3) Every resident of state or county institutions,charitable institutions, and military homes in this state shallbe issued an annual fishing license free of charge whenapplication is made to the chief in the manner prescribed by andon forms provided by the chief.

(4) Any mobility impaired or blind person, as defined insection 955.011 of the Revised Code, who is a resident of this state and who isunable to engage in fishing without the assistance of anotherperson shall be issued an annualfishing license free of charge when application is made to thechief in the manner prescribed by and on forms provided by thechief. The person who is assisting the mobilityimpaired or blind person mayassist in taking or catching fish of the kind permitted to betaken or caught without procuring the license required undersection 1533.32 of the Revised Code, provided that only one lineis used by both persons.

(5) As used in division (B)(5) of this section,"prisoner of war" means any regularly appointed, enrolled, enlisted, orinducted member of the military forces of the United States who was captured,separated, and incarcerated by an enemy of the United States.

Any person who has been a prisoner of war, was honorablydischarged from the military forces, and is a resident of thisstate shall be issued an annual fishing license, hunting license,fur taker permit, or wetlands habitat stamp, or any combinationof those licenses, permits, and stamp, free of charge whenapplication is made to the chief in the manner prescribed by andon forms provided by the chief.

(C) The chief shall adopt rules pursuant to section1531.08 of the Revised Code designating not more than two days,which need not be consecutive, in each year as "free sportfishing days" on which any resident may exercise the privilegesaccorded the holder of a fishing license issued under section1533.32 of the Revised Code without procuring such a license,provided that the person is not otherwise violating any of thefishing laws of this state.

Sec. 1533.32.  Except as provided in this section ordivision (A)(2) or (C) of section 1533.12 of the Revised Code, noperson, including nonresidents, shall take or catch any fish byangling in any of the waters in the state or engage in fishing inthose waters without a license. No person shall take or catchfrogs or turtles without a validfishing license, except as provided in this section. Personsfishing in privately owned ponds, lakes, or reservoirs to or fromwhich fish are not accustomed to migrate are exempt from thelicense requirements set forth in this section. Persons fishingin privately owned ponds, lakes, or reservoirs that are open topublic fishing through an agreement or lease with the division ofwildlife shall comply with the license requirements set forth inthis section.

The fee for an annual license shall be thirty-nine dollars for aresident of astate that is not a party to an agreement under section 1533.91of the Revised Code. The fee for an annual license shall be eighteen dollars for aresident of a state that is a party to such an agreement. Thefee for an annual license for residents of this state shall be eighteen dollars unless the rules adopted under division (B) of section 1533.12 of theRevised Code provide for issuance of a resident fishing licenseto the applicant free of charge. Except as provided in rules adopted under division (B)(2) of that section, each applicant who is a resident of this state and who at the time of application is sixty-six years of age or older shall procure a special senior fishing license, the fee for which shall be one-half of the annual resident fishing license fee.

Any person under the age ofsixteen years may take or catch frogs and turtles and take or catch fish byangling without alicense.

The chief of the division ofwildlife may issue a tourist's license expiring three days fromthe effective date of the license to a resident of a state thatis not a party to an agreement under section 1533.91 of theRevised Code. The fee for atourist's license shall be eighteen dollars.

The chief shall adopt rules under section 1531.10 of theRevised Codeproviding for the issuance of a one-day fishing license to a resident of thisstate or of any other state. The fee for such a license shall be fifty-five percent of the amount established under this section for a tourist's license,rounded up to the nearest whole dollar. A one-day fishing licenseshall allow the holder totake or catch fish by angling in the waters in the state, engage in fishing inthose waters, or take or catch frogs or turtlesin those waters for one day without obtaining an annual license or a tourist'slicense under this section. At the request of a holder of a one-day fishing licensewho wishes to obtain an annual license, a clerk or agentauthorized to issue licenses under section 1533.13 of theRevisedCode, not later than the lastday on which the one-day license would be valid if it were anannual license, shall credit the amount of the fee paid for theone-day license toward the fee charged for the annual license if so authorizedby the chief. The clerk or agent shall issue the annual license uponpresentation of the one-day license and payment of a fee in anamount equal to the difference between the fee for the annuallicense and the fee for the one-day license.

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Unless otherwise provided by division rule, each annual license shallbegin on the first day of March of thecurrent year and expire on the last day of February of thefollowing year.

No person shall alter a fishing license or possess afishing license that has been altered.

No person shall procure or attempt to procure a fishinglicense by fraud, deceit, misrepresentation, or any falsestatement.

Owners of land over, through, upon, or along which anywater flows or stands, except where the land is in or borders onstate parks or state-owned lakes, together with the members ofthe immediate families of such owners, may take frogs andturtles and may take or catchfish of the kind permitted to be taken or caught therefromwithout procuring a license provided for in this section. Thisexemption extends to tenants actually residing upon such landsand to the members of the immediate families of the tenants. Residents of state or county institutions, charitableinstitutions, and military homes in this state may take frogs andturtles without procuring therequired license, provided that a member of the institution orhome has an identification card, which shall be carried onthatperson when fishing.

Every fisher required to be licensed, whilefishingor taking or attempting to take frogs or turtles, shall carrythe license and exhibit it toanyperson. Failure to so carry and exhibit the licenseconstitutesan offense under this section.

Sec. 1541.03.  All lands and waters dedicated and set apartfor state park purposes shall be under the control and managementof the division of parks and recreation, which shall protect,maintain, and keep them in repair. The division shall have thefollowing powers over all such lands and waters:

(A) To make alterations and improvements;

(B) To construct and maintain dikes, wharves, landings,docks, dams, and other works;

(C) To construct and maintain roads and drives in,around, upon, and to the lands and watersto make them conveniently accessible and useful to the public;

(D) To Except as otherwise provided in this section, to adopt, amend, and rescind,in accordance with Chapter119. of the Revised Code, rules necessary for the proper managementof state parks, bodies of water, and the lands adjacent tothem under its jurisdiction and control, including the following:

(1) Governing opening and closing times and dates of theparks;

(2) Establishing fees and charges for admission to stateparks and for use of facilities in them state parks;

(3) Governing camps, camping, and fees for camps andcamping;

(4) Governing the application for and rental of,rental fees for, and the use of cabins;

(5) Relating to public use of state park lands, andgoverning the operation of motor vehicles, including speeds, andparking on those lands;

(6) Governing all advertising withinstate parks and the requirements for the operation of places sellingtangible personal property and control of food service sales onlands and waters under the control of the division, which rulesshall establish uniform requirements;

(7) Providing uniform standards relating to the size, type,location, construction, and maintenance of structures and devicesused for fishing or moorage of watercraft, rowboats, sailboats,and powercraft, as those terms are defined in section 1547.01 ofthe Revised Code, over waters under the control of the divisionand establishing reasonable fees for the construction of and annualuse permits for those structures and devices;

(8) Governing state beaches, swimming, inflatable devices,and fees for them;

(9) Governing the removal and disposition of any watercraft,rowboat, sailboat, or powercraft, as those terms are defined insection 1547.01 of the Revised Code, left unattended for morethan seven days on any lands or waters under the control of thedivision;

(10) Governing the establishment and collection of check collectioncharges for checks that are returned to the division or dishonored for anyreason.

The division shall adopt rules under this section establishing a discount program for all persons who are issued a golden buckeye card under section 173.06 of the Revised Code. The discount program shall provide a discount for all park services and rentals, but shall not provide a discount for the purchase of merchandise.

The division shall not adopt rules establishing fees or charges for parking a motor vehicle in a state park or for admission to a state park.

Every resident of this state with a disability that hasbeen determined by the veterans administration to be permanentlyand totally disabling, who receives a pension or compensationfrom the veterans administration, and who received an honorabledischarge from the armed forces of the United States, and everyveteran to whom the registrar of motor vehicles has issued a setof license plates under section 4503.41 of theRevised Code, shall be exempt from the fees for camping, provided thatthe resident or veteran carries in the state park such evidence ofthe resident's or veteran's disability as the chief of the division ofparks and recreation prescribes by rule.

Every Unless otherwise provided by division rule, every resident of this state who is sixty-five years of ageor older or who is permanently and totally disabled and whofurnishes evidence of that age or disability in a mannerprescribed by division rule shall be charged one-half of theregular fee for camping, except on the weekends andholidays designated by the division. Such a person, andshallnot be charged more than ninety per cent of the regular charges forstate recreational facilities, equipment, services, and food serviceoperations utilized by the person at any time of year,whether maintained or operated by the state or leased for operation by anotherentity.

As used in this section, "food service operations" meansrestaurants that are owned by the department of naturalresources at Hocking Hills, Lake Hope, Malabar Farm, and RockyFork state parks or are part of a state park lodge. "Food service operations" does not include automaticvending machines, concession stands, or snack bars.

As used in this section, "prisoner of war" means anyregularly appointed, enrolled, enlisted, or inducted member ofthe military forces of the United States who was captured,separated, and incarcerated by an enemy of the United States.Any person who has been a prisoner of war, was honorablydischarged from the military forces, and is a resident of thisstate is exempt from the fees for camping. To claim thisexemption, the person shall present written evidence in the formof a record of separation, a letter from one of the militaryforces of the United States, or such other evidence as the chiefprescribes by rule that satisfies the eligibility criteriaestablished by this section.

Sec. 1547.721.  As used in sections 1547.721 to 1547.726 of the Revised Code:

(A) "Eligible project" means a project that involves the acquisition, construction, establishment, reconstruction, rehabilitation, renovation, enlargement, improvement, equipping, furnishing, or development of either of the following:

(1) Marine recreational facilities;

(2) Refuge harbors and other projects for the harboring, mooring, docking, launching, and storing of light draft vessels.

(B) "Marine recreational facilities," "refuge harbors," "light draft vessels," and "allowable costs" have the meanings established in rules adopted under section 1547.723 of the Revised Code.

(C) "Revolving loan program" means the loan program established under sections 1547.721 to 1547.726 of the Revised Code.

(D) "State agency" has the same meaning as in section 9.66 of the Revised Code.

Sec. 1547.722. There is hereby created in the state treasury the watercraft revolving loan fund consisting of money appropriated or transferred to it, money received and credited to the fund under section 1547.726 of the Revised Code, and any grants, gifts, or contributions of moneys received for deposit to the credit of the fund.

The director of natural resources shall use money in the watercraft revolving loan fund for the purpose of making loans under section 1547.724 of the Revised Code for eligible projects and taking actions under sections 1547.721 to 1547.726 of the Revised Code necessary to fulfill that purpose. The director may establish separate accounts in the fund for particular projects or otherwise. Income from the investment of money in the fund shall be credited to the fund, and, if the director so requires, to particular accounts in the fund.

Sec. 1547.723. (A) The director of natural resources shall adopt rules under Chapter 119. of the Revised Code that the director determines to be necessary for the implementation of the revolving loan program. The rules shall include a definition of what constitutes "allowable costs" of an eligible project for purposes of the program together with a definition of "marine recreational facilities," "refuge harbors," and "light draft vessels," respectively.

(B) The director may delegate any of the director's duties or responsibilities under sections 1547.721 to 1547.726 of the Revised Code to the chief of the division of watercraft.