As Reported by the House Finance and Appropriations Committee

126th General Assembly
Regular Session
2005-2006
Sub. H. B. No. 66


Representatives Calvert, Flowers, Martin, McGregor, Peterson, Schlichter, Webster 



A BILL
To amend sections 9.06, 9.24, 9.833, 9.90, 101.68, 1
102.01, 105.41, 108.05, 109.57, 109.572, 109.91, 2
117.10, 117.16, 120.06, 120.13, 120.23, 120.52, 3
120.53, 121.37, 121.38, 122.011, 122.17, 122.171, 4
122.603, 122.71, 122.72, 122.73, 122.74, 122.75, 5
122.751, 122.76, 122.77, 122.78, 122.79, 122.82, 6
122.83, 123.152, 123.17, 125.041, 125.05, 125.831, 7
125.832, 126.25, 127.16, 131.02, 131.23, 133.09, 8
140.01, 140.08, 141.011, 141.04, 145.01, 145.33, 9
147.05, 147.10, 147.11, 147.12, 147.371, 150.07, 10
150.10, 153.44, 173.40, 181.251, 181.51, 181.52, 11
181.54, 181.55, 181.56, 183.28, 307.88, 317.08, 12
317.36, 319.20, 319.301, 319.302, 319.54, 321.24, 13
323.01, 323.152, 323.17, 325.31, 329.04, 329.051, 14
339.72, 339.73, 339.88, 340.03, 340.16, 718.09, 15
718.10, 723.52, 723.53, 742.59, 901.43, 905.32, 16
905.33, 905.331, 905.36, 905.37, 905.38, 905.381, 17
905.50, 905.501, 905.66, 907.16, 911.02, 913.02, 18
913.23, 915.02, 915.16, 915.24, 921.02, 921.16, 19
923.44, 923.45, 923.46, 927.69, 1327.511, 1327.62, 20
1327.99, 1333.11, 1502.02, 1515.14, 1517.02, 21
1521.062, 1531.27, 1533.10, 1533.11, 1533.111, 22
1533.112, 1533.12, 1533.32, 1541.03, 1548.06, 23
1711.53, 1713.03, 1751.03, 1901.26, 1901.31, 24
1907.24, 2113.041, 2151.031, 2151.352, 2151.416, 25
2151.86, 2152.43, 2152.74, 2303.201, 2305.234, 26
2329.66, 2744.05, 2901.07, 2913.40, 2919.22, 27
2921.13, 2923.25, 2925.01, 2925.04, 2925.041, 28
2929.13, 2929.14, 2967.13, 3107.10, 3111.04, 29
3119.54, 3121.12, 3121.50, 3125.18, 3301.079, 30
3301.0710, 3301.0711, 3301.0714, 3301.0715, 31
3301.12, 3301.16, 3301.311, 3301.32, 3301.86, 32
3301.88, 3311.19, 3313.12, 3313.202, 3313.207, 33
3313.208, 3313.209, 3313.33, 3313.489, 3313.975, 34
3313.976, 3313.977, 3313.978, 3313.98, 3314.013, 35
3314.015, 3314.02, 3314.021, 3314.03, 3314.06, 36
3314.074, 3314.08, 3314.13, 3315.17, 3315.18, 37
3315.37, 3316.06, 3316.16, 3317.01, 3317.012, 38
3317.013, 3317.02, 3317.021, 3317.022, 3317.023, 39
3317.024, 3317.026, 3317.027, 3317.028, 3317.029, 40
3317.0212, 3317.0216, 3317.0217, 3317.03, 3317.05, 41
3317.052, 3317.053, 3317.06, 3317.081, 3317.09, 42
3317.10, 3317.16, 3317.20, 3317.21, 3317.22, 43
3317.23, 3317.50, 3317.51, 3318.011, 3318.33, 44
3319.081, 3319.17, 3319.22, 3319.235, 3319.55, 45
3323.021, 3323.091, 3323.14, 3323.16, 3327.01, 46
3332.092, 3333.04, 3333.044, 3333.12, 3333.121, 47
3333.27, 3333.28, 3333.36, 3333.38, 3334.01, 48
3334.02, 3334.03, 3334.07, 3334.08, 3334.09, 49
3334.10, 3334.11, 3334.12, 3334.15, 3334.16, 50
3334.17, 3334.18, 3345.32, 3353.01, 3353.06, 51
3353.07, 3365.01, 3365.02, 3365.021, 3365.04, 52
3365.07, 3365.10, 3375.40, 3375.48, 3375.49, 53
3375.54, 3375.55, 3377.03, 3379.04, 3381.07, 54
3381.17, 3383.02, 3501.141, 3501.17, 3701.021, 55
3701.023, 3701.146, 3701.65, 3702.141, 3702.51, 56
3702.68, 3702.74, 3703.01, 3703.03, 3703.04, 57
3703.05, 3703.06, 3703.07, 3703.08, 3703.10, 58
3703.99, 3705.24, 3709.29, 3709.34, 3712.03, 59
3714.07, 3721.01, 3721.03, 3721.07, 3721.15, 60
3721.21, 3721.50, 3721.51, 3721.52, 3721.56, 61
3721.58, 3722.01, 3722.02, 3734.01, 3734.28, 62
3734.57, 3734.901, 3734.9010, 3743.57, 3745.11, 63
3745.12, 3746.04, 3746.071, 3748.07, 3748.13, 64
3773.34, 3773.38, 3773.39, 3773.40, 3773.57, 65
3793.09, 3901.021, 3901.17, 3901.78, 3903.14, 66
3905.04, 3905.36, 3905.40, 3923.27, 4112.12, 67
4117.03, 4117.08, 4117.24, 4123.27, 4141.29, 68
4301.10, 4301.42, 4301.43, 4305.01, 4505.06, 69
4511.75, 4519.02, 4519.09, 4561.17, 4561.18, 70
4561.21, 4703.15, 4705.09, 4709.05, 4731.65, 71
4731.71, 4736.11, 4736.12, 4757.30, 4775.04, 72
4905.10, 4905.54, 4905.95, 4911.02, 4911.18, 73
4973.171, 5101.181, 5101.21, 5101.24, 5101.241, 74
5101.26, 5101.31, 5101.35, 5101.36, 5101.46, 75
5101.47, 5101.75, 5101.752, 5101.80, 5101.801, 76
5101.821, 5104.01, 5104.32, 5104.38, 5107.05, 77
5107.10, 5107.26, 5107.30, 5107.58, 5110.01, 78
5110.05, 5110.352, 5110.39, 5111.019, 5111.0112, 79
5111.02, 5111.021, 5111.023, 5111.025, 5111.042, 80
5111.06, 5111.082, 5111.11, 5111.111, 5111.113, 81
5111.16, 5111.19, 5111.20, 5111.204, 5111.21, 82
5111.22, 5111.221, 5111.23, 5111.231, 5111.235, 83
5111.24, 5111.241, 5111.25, 5111.251, 5111.255, 84
5111.257, 5111.26, 5111.261, 5111.263, 5111.264, 85
5111.27, 5111.28, 5111.29, 5111.291, 5111.30, 86
5111.31, 5111.32, 5111.33, 5111.62, 5111.85, 87
5111.87, 5111.88, 5111.911, 5111.97, 5111.99, 88
5112.03, 5112.08, 5112.17, 5112.30, 5112.31, 89
5115.20, 5115.22, 5115.23, 5119.61, 5120.09, 90
5120.16, 5120.48, 5120.51, 5121.01, 5121.02, 91
5121.03, 5121.04, 5121.05, 5121.06, 5121.061, 92
5121.07, 5121.08, 5121.09, 5121.10, 5121.11, 93
5121.12, 5121.21, 5122.03, 5122.04, 5122.31, 94
5123.01, 5123.046, 5123.047, 5123.049, 5123.0412, 95
5123.19, 5123.196, 5123.20, 5123.34, 5123.701, 96
5123.71, 5123.76, 5126.01, 5126.035, 5126.042, 97
5126.054, 5126.055, 5126.056, 5126.057, 5126.12, 98
5139.01, 5139.36, 5153.16, 5502.01, 5502.03, 99
5517.02, 5540.01, 5540.09, 5543.19, 5549.01, 100
5573.13, 5575.01, 5701.03, 5703.052, 5703.053, 101
5703.47, 5703.50, 5703.70, 5703.80, 5705.02, 102
5705.091, 5705.214, 5705.29, 5705.391, 5705.392, 103
5709.07, 5709.40, 5709.41, 5709.73, 5709.77, 104
5709.78, 5711.21, 5711.22, 5713.08, 5715.24, 105
5719.041, 5725.19, 5727.01, 5727.02, 5727.06, 106
5727.10, 5727.11, 5727.111, 5727.12, 5727.81, 107
5727.82, 5727.84, 5727.85, 5728.01, 5728.02, 108
5728.03, 5728.04, 5728.06, 5728.08, 5729.08, 109
5731.01, 5731.05, 5731.131, 5731.14, 5731.18, 110
5731.181, 5731.22, 5731.23, 5731.39, 5731.41, 111
5733.01, 5733.065, 5733.066, 5733.33, 5733.351, 112
5733.352, 5733.40, 5733.41, 5733.49, 5739.01, 113
5739.02, 5739.025, 5739.10, 5741.02, 5743.01, 114
5743.02, 5743.025, 5743.03, 5743.04, 5743.05, 115
5743.071, 5743.08, 5743.081, 5743.12, 5743.13, 116
5743.14, 5743.15, 5743.16, 5743.18, 5743.19, 117
5743.20, 5743.32, 5743.33, 5743.34, 5743.35, 118
5743.51, 5743.62, 5743.63, 5747.01, 5747.02, 119
5747.05, 5747.08, 5747.331, 5747.70, 5747.80, 120
5747.98, 5749.02, 5919.33, 5920.01, 6109.21, and 121
6111.02; to amend, for the purpose of adopting new 122
section numbers as indicated in parentheses, 123
sections 181.251 (5502.63), 181.51 (5502.61), 124
181.52 (5502.62), 181.54 (5502.64), 181.55 125
(5502.65), 181.56 (5502.66), 3317.21 (3318.47), 126
3317.22 (3318.48), 3317.23 (3318.49), 5101.75 127
(173.42), 5101.752 (173.43), 5111.02 (5111.021), 128
5111.021 (5111.022), 5111.022 (5111.023), 5111.023 129
(5111.0114), 5111.112 (5111.113), 5111.113 130
(5111.114), 5111.231 (5111.232), 5111.257 131
(5111.258), 5111.88 (5111.97), 5111.97 (5111.86), 132
5121.01 (5121.02), 5121.02 (5121.03), and 5121.03 133
(5121.01); to enact new sections 5111.02, 134
5111.112, 5111.231, 5111.257, and 5111.262, and 135
sections 9.901, 117.162, 120.36, 121.381, 121.382, 136
121.403, 122.083, 125.18, 131.022, 131.46, 137
153.692, 173.39, 173.391, 173.392, 173.393, 138
173.394, 173.395, 173.396, 173.397, 173.44, 139
173.45, 173.46, 173.47, 173.48, 173.49, 173.50, 140
341.192, 901.44, 907.111, 1327.70, 1327.71, 141
1547.721, 1547.722, 1547.723, 1547.724, 1547.725, 142
1547.726, 1751.271, 2925.15, 2927.30, 2967.24, 143
3125.191, 3310.01, 3310.02, 3310.03, 3310.04, 144
3310.05, 3310.06, 3310.07, 3310.08, 3310.09, 145
3310.10, 3310.11, 3310.12, 3310.13, 3310.14, 146
3310.15, 3310.16, 3310.17, 3314.035, 3314.061, 147
3314.29, 3316.043, 3317.034, 3317.035, 3317.201, 148
3318.111, 3319.0810, 3319.172, 3323.20, 3323.30, 149
3323.31, 3323.32, 3323.33, 3324.10, 3325.10, 150
3325.11, 3325.12, 3325.15, 3325.16, 3325.17, 151
3333.047, 3333.122, 3333.162, 3365.11, 3702.83, 152
3705.242, 3714.073, 3715.04, 3719.47, 3719.48, 153
3721.032, 3721.541, 3721.561, 3745.015, 3745.114, 154
3770.061, 3903.421, 4905.261, 4911.021, 5101.07, 155
5101.071, 5101.461, 5101.802, 5101.803, 5107.301, 156
5111.026, 5111.027, 5111.061, 5111.062, 5111.072, 157
5111.083, 5111.10, 5111.161, 5111.176, 5111.177, 158
5111.191, 5111.222, 5111.234, 5111.242, 5111.254, 159
5111.256, 5111.265, 5111.266, 5111.851, 5111.852, 160
5111.853, 5111.854, 5111.855, 5111.89, 5111.891, 161
5111.892, 5111.893, 5111.914, 5111.915, 5111.98, 162
5112.341, 5121.30, 5121.31, 5121.32, 5121.33, 163
5121.34, 5121.35, 5121.36, 5121.37, 5121.38, 164
5121.39, 5121.40, 5121.41, 5121.42, 5121.43, 165
5121.44, 5121.45, 5121.46, 5121.47, 5121.49, 166
5121.50, 5121.51, 5121.52, 5121.53, 5121.54, 167
5121.55, 5123.1910, 5540.032, 5703.057, 5705.219, 168
5707.031, 5727.031, 5727.241, 5743.021, 5743.022, 169
5743.031, 5743.072, 5743.321, 5743.71, 5743.72, 170
5743.73, 5743.74, 5743.75, 5743.76, 5747.056, 171
5751.01, 5751.011, 5751.012, 5751.02, 5751.021, 172
5751.03, 5751.031, 5751.032, 5751.033, 5751.034, 173
5751.04, 5751.05, 5751.06, 5751.07, 5751.08, 174
5751.081, 5751.09, 5751.10, 5751.11, 5751.12, 175
5751.20, 5751.21, 5751.22, 5751.31, 5751.50, 176
5751.51, 5751.52, 5751.98, 5751.99, 5919.31, 177
5919.341, 6111.0210, 6111.0211, 6111.0212, and 178
6111.0213; and to repeal sections 181.53, 339.77, 179
742.36, 1541.221, 3301.31, 3301.33, 3301.34, 180
3301.35, 3301.36, 3301.37, 3301.38, 3301.80, 181
3301.85, 3301.87, 3311.40, 3317.0213, 3353.02, 182
3353.03, 3353.04, 3721.511, 3901.781, 3901.782, 183
3901.783, 3901.784, 5101.751, 5101.753, 5101.754, 184
5111.041, 5111.205, 5111.262, 5111.34, 5115.10, 185
5115.11, 5115.12, 5115.13, 5115.14, 5123.041, 186
5123.048, 5571.13, 5731.20, 5733.122, and 6111.028 187
of the Revised Code; to amend Sections 16.09, 188
19.01, 20.01, 22.03, 23.11, 23.12, 23.13, 23.26, 189
23.45, and 24.01 of Am. Sub. H.B. 16 of the 126th 190
General Assembly; to amend Sections 203.03.09 and 191
203.03.10 of Am. Sub. H.B. 68 of the 126th General 192
Assembly; to amend Section 4 of Am. Sub. H.B. 516 193
of the 125th General Assembly; to amend Section 3 194
of Am. Sub. H.B. 621 of the 122nd General 195
Assembly, as subsequently amended; to amend 196
Section 153 of Am. Sub. H.B. 117 of the 121st 197
General Assembly, as subsequently amended; to 198
amend Section 5 of Am. Sub. S.B. 50 of the 121st 199
General Assembly, as subsequently amended; and to 200
repeal Sections 59.19 and 147 of Am. Sub. H.B. 95 201
of the 125th General Assembly to make operating 202
appropriations for the biennium beginning July 1, 203
2005 and ending June 30, 2007, and to provide 204
authorization and conditions for the operation of 205
state programs, and to further amend sections 206
3215.18, 5101.35, 5101.80, 5101.801, and 5153.16 207
of the Revised Code on January 1, 2006, to provide 208
authorization and continuation for the operation 209
of certain state programs, and to repeal Section 210
553.01 of this act on December 16, 2005.211


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

       Section 101.01.  That sections 9.06, 9.24, 9.833, 9.90, 212
101.68, 102.01, 105.41, 108.05, 109.57, 109.572, 109.91, 117.10, 213
117.16, 120.06, 120.13, 120.23, 120.52, 120.53, 121.37, 121.38, 214
122.011, 122.17, 122.171, 122.603, 122.71, 122.72, 122.73, 122.74, 215
122.75, 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, 122.83, 216
123.152, 123.17, 125.041, 125.05, 125.831, 125.832, 126.25, 217
127.16, 131.02, 131.23, 133.09, 140.01, 140.08, 141.011, 141.04, 218
145.01, 145.33, 147.05, 147.10, 147.11, 147.12, 147.371, 150.07, 219
150.10, 153.44, 173.40, 181.251, 181.51, 181.52, 181.54, 181.55, 220
181.56, 183.28, 307.88, 317.08, 317.36, 319.20, 319.301, 319.302, 221
319.54, 321.24, 323.01, 323.152, 323.17, 325.31, 329.04, 329.051, 222
339.72, 339.73, 339.88, 340.03, 340.16, 718.09, 718.10, 723.52, 223
723.53, 742.01, 742.59, 901.43, 905.32, 905.33, 905.331, 905.36, 224
905.37, 905.38, 905.381, 905.50, 905.501, 905.66, 907.16, 911.02, 225
913.02, 913.23, 915.02, 915.16, 915.24, 921.02, 921.16, 923.44, 226
923.45, 923.46, 927.69, 1327.511, 1327.62, 1327.99, 1333.11, 227
1502.02, 1515.14, 1517.02, 1521.062, 1531.27, 1533.10, 1533.11, 228
1533.111, 1533.112, 1533.12, 1533.32, 1541.03, 1548.06, 1711.53, 229
1713.03, 1751.03, 1901.26, 1901.31, 1907.24, 2113.041, 2151.031, 230
2151.352, 2151.416, 2151.86, 2152.43, 2152.74, 2303.201, 2305.234, 231
2329.66, 2744.05, 2901.07, 2913.40, 2919.22, 2921.13, 2923.25, 232
2925.01, 2925.04, 2925.041, 2929.13, 2929.14, 2967.13, 3107.10, 233
3111.04, 3119.54, 3121.12, 3121.50, 3125.18, 3301.079, 3301.0710, 234
3301.0711, 3301.0714, 3301.0715, 3301.12, 3301.16, 3301.311, 235
3301.32, 3301.86, 3301.88, 3311.19, 3313.12, 3313.202, 3313.207, 236
3313.208, 3313.209, 3313.33, 3313.489, 3313.975, 3313.976, 237
3313.977, 3313.978, 3313.98, 3314.013, 3314.015, 3314.02, 238
3314.021, 3314.03, 3314.06, 3314.074, 3314.08, 3314.13, 3315.17, 239
3315.18, 3315.37, 3316.06, 3316.16, 3317.01, 3317.012, 3317.013, 240
3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.026, 241
3317.027, 3317.028, 3317.029, 3317.0212, 3317.0216, 3317.0217, 242
3317.03, 3317.05, 3317.052, 3317.053, 3317.06, 3317.081, 3317.09, 243
3317.10, 3317.16, 3317.20, 3317.21, 3317.22, 3317.23, 3317.50, 244
3317.51, 3318.011, 3318.33, 3319.081, 3319.17, 3319.22, 3319.235, 245
3319.55, 3323.021, 3323.091, 3323.14, 3323.16, 3327.01, 3332.092, 246
3333.04, 3333.044, 3333.12, 3333.121, 3333.27, 3333.28, 3333.36, 247
3333.38, 3334.01, 3334.02, 3334.03, 3334.07, 3334.08, 3334.09, 248
3334.10, 3334.11, 3334.12, 3334.15, 3334.16, 3334.17, 3334.18, 249
3345.32, 3353.01, 3353.06, 3353.07, 3365.01, 3365.02, 3365.021, 250
3365.04, 3365.07, 3365.10, 3375.40, 3375.48, 3375.49, 3375.54, 251
3375.55, 3377.03, 3379.04, 3381.07, 3381.17, 3383.02, 3501.141, 252
3501.17, 3701.021, 3701.023, 3701.146, 3701.65, 3702.141, 3702.51, 253
3702.68, 3702.74, 3703.01, 3703.03, 3703.04, 3703.05, 3703.06, 254
3703.07, 3703.08, 3703.10, 3703.99, 3705.24, 3709.29, 3709.34, 255
3712.03, 3714.07, 3721.01, 3721.03, 3721.07, 3721.15, 3721.21, 256
3721.50, 3721.51, 3721.52, 3721.56, 3721.58, 3722.01, 3722.02, 257
3734.01, 3734.28, 3734.57, 3734.901, 3734.9010, 3743.57, 3745.11, 258
3745.12, 3746.04, 3746.071, 3748.07, 3748.13, 3773.34, 3773.38, 259
3773.39, 3773.40, 3773.57, 3793.09, 3901.021, 3901.17, 3901.78, 260
3903.14, 3905.04, 3905.36, 3905.40, 3923.27, 4112.12, 4117.03, 261
4117.08, 4117.24, 4123.27, 4141.29, 4301.10, 4301.42, 4301.43, 262
4305.01, 4505.06, 4511.75, 4519.02, 4519.09, 4561.17, 4561.18, 263
4561.21, 4703.15, 4705.09, 4709.05, 4731.65, 4731.71, 4736.11, 264
4736.12, 4757.30, 4775.04, 4905.10, 4905.54, 4905.95, 4911.02, 265
4911.18, 4973.171, 5101.181, 5101.21, 5101.24, 5101.241, 5101.26, 266
5101.31, 5101.35, 5101.36, 5101.46, 5101.47, 5101.75, 5101.752, 267
5101.80, 5101.801, 5101.821, 5104.01, 5104.32, 5104.38, 5107.05, 268
5107.10, 5107.26, 5107.30, 5107.58, 5110.01, 5110.05, 5110.352, 269
5110.39, 5111.019, 5111.0112, 5111.02, 5111.021, 5111.023, 270
5111.025, 5111.042, 5111.06, 5111.082, 5111.11, 5111.111, 271
5111.113, 5111.16, 5111.19, 5111.20, 5111.204, 5111.21, 5111.22, 272
5111.221, 5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 273
5111.251, 5111.255, 5111.257, 5111.26, 5111.261, 5111.263, 274
5111.264, 5111.27, 5111.28, 5111.29, 5111.291, 5111.30, 5111.31, 275
5111.32, 5111.33, 5111.62, 5111.85, 5111.87, 5111.88, 5111.911, 276
5111.97, 5111.99, 5112.03, 5112.08, 5112.17, 5112.30, 5112.31, 277
5115.20, 5115.22, 5115.23, 5119.61, 5120.09, 5120.16, 5120.48, 278
5120.51, 5121.01, 5121.02, 5121.03, 5121.04, 5121.05, 5121.06, 279
5121.061, 5121.07, 5121.08, 5121.09, 5121.10, 5121.11, 5121.12, 280
5121.21, 5122.03, 5122.04, 5122.31, 5123.01, 5123.046, 5123.047, 281
5123.049, 5123.0412, 5123.19, 5123.196, 5123.20, 5123.34, 282
5123.701, 5123.71, 5123.76, 5126.01, 5126.035, 5126.042, 5126.054, 283
5126.055, 5126.056, 5126.057, 5126.12, 5139.01, 5139.36, 5153.16, 284
5502.01, 5502.03, 5517.02, 5540.01, 5540.09, 5543.19, 5549.01, 285
5573.13, 5575.01, 5701.03, 5703.052, 5703.053, 5703.47, 5703.50, 286
5703.70, 5703.80, 5705.02, 5705.091, 5705.214, 5705.29, 5705.391, 287
5705.392, 5709.07, 5709.40, 5709.41, 5709.73, 5709.77, 5709.78, 288
5711.21, 5711.22, 5713.08, 5715.24, 5719.041, 5725.19, 5727.01, 289
5727.02, 5727.06, 5727.10, 5727.11, 5727.111, 5727.12, 5727.81, 290
5727.82, 5727.84, 5727.85, 5728.01, 5728.02, 5728.03, 5728.04, 291
5728.06, 5728.08, 5729.08, 5731.01, 5731.05, 5731.131, 5731.14, 292
5731.18, 5731.181, 5731.22, 5731.23, 5731.39, 5731.41, 5733.01, 293
5733.065, 5733.066, 5733.33, 5733.351, 5733.352, 5733.40, 5733.41, 294
5733.49, 5739.01, 5739.02, 5739.025, 5739.10, 5741.02, 5743.01, 295
5743.02, 5743.025, 5743.03, 5743.04, 5743.05, 5743.071, 5743.08, 296
5743.081, 5743.12, 5743.13, 5743.14, 5743.15, 5743.16, 5743.18, 297
5743.19, 5743.20, 5743.32, 5743.33, 5743.34, 5743.35, 5743.51, 298
5743.62, 5743.63, 5747.01, 5747.02, 5747.05, 5747.08, 5747.331, 299
5747.70, 5747.80, 5747.98, 5749.02, 5919.33, 5920.01, 6109.21, and 300
6111.02, be amended; that sections 181.251 (5502.63), 181.51 301
(5502.61), 181.52 (5502.62), 181.54 (5502.64), 181.55 (5502.65), 302
181.56 (5502.66), 3317.21 (3318.47), 3317.22 (3318.48), 3317.23 303
(3318.49), 5101.75 (173.42), 5101.752 (173.43), 5111.02 304
(5111.021), 5111.021 (5111.022), 5111.022 (5111.023), 5111.023 305
(5111.0114), 5111.112 (5111.113), 5111.113 (5111.114), 5111.231 306
(5111.232), 5111.257 (5111.258), 5111.88 (5111.97), 5111.97 307
(5111.86), 5121.01 (5121.02), 5121.02 (5121.03), and 5121.03 308
(5121.01) be amended for the purpose of adopting new section 309
numbers as indicated in parentheses; that new sections 5111.02, 310
5111.112, 5111.231, 5111.257, and 5111.262 and sections 9.901, 311
117.162, 120.36, 121.381, 121.382, 121.403, 122.083, 125.18, 312
131.022, 131.46, 153.692, 173.39, 173.391, 173.392, 173.393, 313
173.394, 173.395, 173.396, 173.397, 173.44, 173.45, 173.46, 314
173.47, 173.48, 173.49, 173.50, 341.192, 901.44, 907.111, 1327.70, 315
1327.71, 1547.721, 1547.722, 1547.723, 1547.724, 1547.725, 316
1547.726, 1751.271, 2925.15, 2927.30, 2967.24, 3125.191, 3310.01, 317
3310.02, 3310.03, 3310.04, 3310.05, 3310.06, 3310.07, 3310.08, 318
3310.09, 3310.10, 3310.11, 3310.12, 3310.13, 3310.14, 3310.15, 319
3310.16, 3310.17, 3314.035, 3314.061, 3314.29, 3316.043, 3317.034, 320
3317.035, 3317.201, 3318.111, 3319.0810, 3319.172, 3323.20, 321
3323.30, 3323.31, 3323.32, 3323.33, 3324.10, 3325.10, 3325.11, 322
3325.12, 3325.15, 3325.16, 3325.17, 3333.047, 3333.122, 3333.162, 323
3365.11, 3702.83, 3705.242, 3714.073, 3715.04, 3719.47, 3719.48, 324
3721.032, 3721.541, 3721.561, 3745.015, 3745.114, 3770.061, 325
3903.421, 4905.261, 4911.021, 5101.07, 5101.071, 5101.461, 326
5101.802, 5101.803, 5107.301, 5111.026, 5111.027, 5111.061, 327
5111.062, 5111.072, 5111.083, 5111.10, 5111.161, 5111.176, 328
5111.177, 5111.191, 5111.222, 5111.234, 5111.242, 5111.254, 329
5111.256, 5111.265, 5111.266, 5111.851, 5111.852, 5111.853, 330
5111.854, 5111.855, 5111.89, 5111.891, 5111.892, 5111.893, 331
5111.914, 5111.915, 5111.98, 5112.341, 5121.30, 5121.31, 5121.32, 332
5121.33, 5121.34, 5121.35, 5121.36, 5121.37, 5121.38, 5121.39, 333
5121.40, 5121.41, 5121.42, 5121.43, 5121.44, 5121.45, 5121.46, 334
5121.47, 5121.49, 5121.50, 5121.51, 5121.52, 5121.53, 5121.54, 335
5121.55, 5123.1910, 5540.032, 5703.057, 5705.219, 5707.031, 336
5727.031, 5727.241, 5743.021, 5743.022, 5743.031, 5743.072, 337
5743.321, 5743.71, 5743.72, 5743.73, 5743.74, 5743.75, 5743.76, 338
5747.056, 5751.01, 5751.011, 5751.012, 5751.02, 5751.021, 5751.03, 339
5751.031, 5751.032, 5751.033, 5751.034, 5751.04, 5751.05, 5751.06, 340
5751.07, 5751.08, 5751.081, 5751.09, 5751.10, 5751.11, 5751.12, 341
5751.20, 5751.21, 5751.22, 5751.31, 5751.50, 5751.51, 5751.52, 342
5751.98, 5751.99, 5919.31, 5919.341, 6111.0210, 6111.0211, 343
6111.0212, and 6111.0213 of the Revised Code be enacted to read as 344
follows:345

       Sec. 9.06.  (A)(1) The department of rehabilitation and346
correction shall contract for the private operation and management347
pursuant to this section of the initial intensive program prison348
established pursuant to section 5120.033 of the Revised Code and349
may contract for the private operation and management of any other350
facility under this section. Counties and municipal corporations351
to the extent authorized in sections 307.93, 341.35, 753.03, and352
753.15 of the Revised Code, may contract for the private operation353
and management of a facility under this section. A contract354
entered into under this section shall be for an initial term of355
not more than two years, with an option to renew for additional356
periods of two years.357

       (2) The department of rehabilitation and correction, by rule, 358
shall adopt minimum criteria and specifications that a person or 359
entity, other than a person or entity that satisfies the criteria 360
set forth in division (A)(3)(a) of this section and subject to 361
division (I) of this section, must satisfy in order to apply to 362
operate and manage as a contractor pursuant to this section the 363
initial intensive program prison established pursuant to section 364
5120.033 of the Revised Code.365

       (3) Subject to division (I) of this section, any person or366
entity that applies to operate and manage a facility as a367
contractor pursuant to this section shall satisfy one or more of368
the following criteria:369

       (a) The person or entity is accredited by the American370
correctional association and, at the time of the application,371
operates and manages one or more facilities accredited by the372
American correctional association.373

       (b) The person or entity satisfies all of the minimum374
criteria and specifications adopted by the department of375
rehabilitation and correction pursuant to division (A)(2) of this376
section, provided that this alternative shall be available only in377
relation to the initial intensive program prison established378
pursuant to section 5120.033 of the Revised Code.379

       (4) Subject to division (I) of this section, before a public380
entity may enter into a contract under this section, the381
contractor shall convincingly demonstrate to the public entity382
that it can operate the facility with the inmate capacity required383
by the public entity and provide the services required in this384
section and realize at least a five per cent savings or, regarding 385
contracts entered into or renewed on or after the effective date 386
of this amendment, at least a ten per cent savings over the387
projected cost to the public entity of providing these same388
services to operate the facility that is the subject of the389
contract. No out-of-state prisoners may be housed in any facility390
that is the subject of a contract entered into under this section.391

       (B) Subject to division (I) of this section, any contract392
entered into under this section shall include all of the393
following:394

       (1) A requirement that the contractor retain the contractor's 395
accreditation from the American correctional association396
throughout the contract term or, if the contractor applied 397
pursuant to division (A)(3)(b) of this section, continue complying 398
with the applicable criteria and specifications adopted by the 399
department of rehabilitation and correction pursuant to division400
(A)(2) of this section;401

       (2) A requirement that all of the following conditions be402
met:403

       (a) The contractor begins the process of accrediting the404
facility with the American correctional association no later than405
sixty days after the facility receives its first inmate.406

       (b) The contractor receives accreditation of the facility407
within twelve months after the date the contractor applies to the408
American correctional association for accreditation.409

       (c) Once the accreditation is received, the contractor410
maintains it for the duration of the contract term.411

       (d) If the contractor does not comply with divisions412
(B)(2)(a) to (c) of this section, the contractor is in violation413
of the contract, and the public entity may revoke the contract at414
its discretion.415

       (3) A requirement that the contractor comply with all rules416
promulgated by the department of rehabilitation and correction417
that apply to the operation and management of correctional418
facilities, including the minimum standards for jails in Ohio and419
policies regarding the use of force and the use of deadly force,420
although the public entity may require more stringent standards,421
and comply with any applicable laws, rules, or regulations of the422
federal, state, and local governments, including, but not limited423
to, sanitation, food service, safety, and health regulations. The424
contractor shall be required to send copies of reports of425
inspections completed by the appropriate authorities regarding426
compliance with rules and regulations to the director of427
rehabilitation and correction or the director's designee and, if428
contracting with a local public entity, to the governing authority429
of that entity.430

       (4) A requirement that the contractor report for431
investigation all crimes in connection with the facility to the432
public entity, to all local law enforcement agencies with433
jurisdiction over the place at which the facility is located, and,434
for a crime committed at a state correctional institution, to the435
state highway patrol;436

       (5) A requirement that the contractor immediately report all437
escapes from the facility, and the apprehension of all escapees,438
by telephone and in writing to all local law enforcement agencies439
with jurisdiction over the place at which the facility is located,440
to the prosecuting attorney of the county in which the facility is441
located, to the state highway patrol, to a daily newspaper having442
general circulation in the county in which the facility is443
located, and, if the facility is a state correctional institution, 444
to the department of rehabilitation and correction. The written 445
notice may be by either facsimile transmission or mail. A failure 446
to comply with this requirement regarding an escape is a violation 447
of section 2921.22 of the Revised Code.448

       (6) A requirement that, if the facility is a state449
correctional institution, the contractor provide a written report450
within specified time limits to the director of rehabilitation and451
correction or the director's designee of all unusual incidents at452
the facility as defined in rules promulgated by the department of453
rehabilitation and correction or, if the facility is a local454
correctional institution, that the contractor provide a written455
report of all unusual incidents at the facility to the governing456
authority of the local public entity;457

       (7) A requirement that the contractor maintain proper control 458
of inmates' personal funds pursuant to rules promulgated by the 459
department of rehabilitation and correction, for state460
correctional institutions, or pursuant to the minimum standards461
for jails along with any additional standards established by the462
local public entity, for local correctional institutions, and that463
records pertaining to these funds be made available to464
representatives of the public entity for review or audit;465

       (8) A requirement that the contractor prepare and distribute466
to the director of rehabilitation and correction or, if467
contracting with a local public entity, to the governing authority468
of the local entity, annual budget income and expenditure469
statements and funding source financial reports;470

       (9) A requirement that the public entity appoint and471
supervise a full-time contract monitor, that the contractor472
provide suitable office space for the contract monitor at the473
facility, and that the contractor allow the contract monitor474
unrestricted access to all parts of the facility and all records475
of the facility except the contractor's financial records;476

       (10) A requirement that if the facility is a state477
correctional institution, designated department of rehabilitation478
and correction staff members be allowed access to the facility in479
accordance with rules promulgated by the department;480

       (11) A requirement that the contractor provide internal and481
perimeter security as agreed upon in the contract;482

       (12) If the facility is a state correctional institution, a483
requirement that the contractor impose discipline on inmates484
housed in a state correctional institution, only in accordance485
with rules promulgated by the department of rehabilitation and486
correction;487

       (13) A requirement that the facility be staffed at all times488
with a staffing pattern approved by the public entity and adequate489
both to ensure supervision of inmates and maintenance of security490
within the facility, and to provide for programs, transportation,491
security, and other operational needs. In determining security492
needs, the contractor shall be required to consider, among other493
things, the proximity of the facility to neighborhoods and494
schools.495

       (14) If the contract is with a local public entity, a496
requirement that the contractor provide services and programs,497
consistent with the minimum standards for jails promulgated by the498
department of rehabilitation and correction under section 5120.10499
of the Revised Code;500

       (15) A clear statement that no immunity from liability501
granted to the state, and no immunity from liability granted to502
political subdivisions under Chapter 2744. of the Revised Code,503
shall extend to the contractor or any of the contractor's504
employees;505

       (16) A statement that all documents and records relevant to506
the facility shall be maintained in the same manner required for,507
and subject to the same laws, rules, and regulations as apply to,508
the records of the public entity;509

       (17) Authorization for the public entity to impose a fine on510
the contractor from a schedule of fines included in the contract511
for the contractor's failure to perform its contractual duties, or512
to cancel the contract, as the public entity considers513
appropriate. If a fine is imposed, the public entity may reduce514
the payment owed to the contractor pursuant to any invoice in the515
amount of the imposed fine.516

       (18) A statement that all services provided or goods produced 517
at the facility shall be subject to the same regulations, and the 518
same distribution limitations, as apply to goods and services 519
produced at other correctional institutions;520

       (19) Authorization for the department to establish one or521
more prison industries at a facility operated and managed by a522
contractor for the department;523

       (20) A requirement that, if the facility is an intensive524
program prison established pursuant to section 5120.033 of the525
Revised Code, the facility shall comply with all criteria for526
intensive program prisons of that type that are set forth in that527
section;528

       (21) If the institution is a state correctional institution,529
a requirement that the contractor provide clothing for all inmates530
housed in the facility that is conspicuous in its color, style, or531
color and style, that conspicuously identifies its wearer as an532
inmate, and that is readily distinguishable from clothing of a533
nature that normally is worn outside the facility by non-inmates,534
that the contractor require all inmates housed in the facility to535
wear the clothing so provided, and that the contractor not permit536
any inmate, while inside or on the premises of the facility or537
while being transported to or from the facility, to wear any538
clothing of a nature that does not conspicuously identify its539
wearer as an inmate and that normally is worn outside the facility540
by non-inmates.541

       (C) No contract entered into under this section may require,542
authorize, or imply a delegation of the authority or543
responsibility of the public entity to a contractor for any of the544
following:545

       (1) Developing or implementing procedures for calculating546
inmate release and parole eligibility dates and recommending the547
granting or denying of parole, although the contractor may submit548
written reports that have been prepared in the ordinary course of549
business;550

       (2) Developing or implementing procedures for calculating and 551
awarding earned credits, approving the type of work inmates may 552
perform and the wage or earned credits, if any, that may be553
awarded to inmates engaging in that work, and granting, denying,554
or revoking earned credits;555

       (3) For inmates serving a term imposed for a felony offense556
committed prior to July 1, 1996, or for a misdemeanor offense,557
developing or implementing procedures for calculating and awarding558
good time, approving the good time, if any, that may be awarded to559
inmates engaging in work, and granting, denying, or revoking good560
time;561

       (4) For inmates serving a term imposed for a felony offense562
committed on or after July 1, 1996, extending an inmate's term563
pursuant to the provisions of law governing bad time;564

       (5) Classifying an inmate or placing an inmate in a more or a 565
less restrictive custody than the custody ordered by the public566
entity;567

       (6) Approving inmates for work release;568

       (7) Contracting for local or long distance telephone services 569
for inmates or receiving commissions from those services at a 570
facility that is owned by or operated under a contract with the 571
department.572

       (D) A contractor that has been approved to operate a facility 573
under this section, and a person or entity that enters into a 574
contract for specialized services, as described in division (I) of 575
this section, relative to an intensive program prison established 576
pursuant to section 5120.033 of the Revised Code to be operated by 577
a contractor that has been approved to operate the prison under 578
this section, shall provide an adequate policy of insurance 579
specifically including, but not limited to, insurance for civil 580
rights claims as determined by a risk management or actuarial firm 581
with demonstrated experience in public liability for state582
governments. The insurance policy shall provide that the state, 583
including all state agencies, and all political subdivisions of 584
the state with jurisdiction over the facility or in which a 585
facility is located are named as insured, and that the state and 586
its political subdivisions shall be sent any notice of587
cancellation. The contractor may not self-insure.588

       A contractor that has been approved to operate a facility589
under this section, and a person or entity that enters into a590
contract for specialized services, as described in division (I) of591
this section, relative to an intensive program prison established592
pursuant to section 5120.033 of the Revised Code to be operated by593
a contractor that has been approved to operate the prison under594
this section, shall indemnify and hold harmless the state, its595
officers, agents, and employees, and any local government entity596
in the state having jurisdiction over the facility or ownership of597
the facility, shall reimburse the state for its costs in defending598
the state or any of its officers, agents, or employees, and shall599
reimburse any local government entity of that nature for its costs600
in defending the local government entity, from all of the601
following:602

       (1) Any claims or losses for services rendered by the603
contractor, person, or entity performing or supplying services in604
connection with the performance of the contract;605

       (2) Any failure of the contractor, person, or entity or its606
officers or employees to adhere to the laws, rules, regulations,607
or terms agreed to in the contract;608

       (3) Any constitutional, federal, state, or civil rights claim 609
brought against the state related to the facility operated and 610
managed by the contractor;611

       (4) Any claims, losses, demands, or causes of action arising612
out of the contractor's, person's, or entity's activities in this613
state;614

       (5) Any attorney's fees or court costs arising from any615
habeas corpus actions or other inmate suits that may arise from616
any event that occurred at the facility or was a result of such an617
event, or arise over the conditions, management, or operation of618
the facility, which fees and costs shall include, but not be619
limited to, attorney's fees for the state's representation and for620
any court-appointed representation of any inmate, and the costs of621
any special judge who may be appointed to hear those actions or622
suits.623

       (E) Private correctional officers of a contractor operating624
and managing a facility pursuant to a contract entered into under625
this section may carry and use firearms in the course of their626
employment only after being certified as satisfactorily completing627
an approved training program as described in division (A) of628
section 109.78 of the Revised Code.629

       (F) Upon notification by the contractor of an escape from, or 630
of a disturbance at, the facility that is the subject of a631
contract entered into under this section, the department of632
rehabilitation and correction and state and local law enforcement633
agencies shall use all reasonable means to recapture escapees or634
quell any disturbance. Any cost incurred by the state or its635
political subdivisions relating to the apprehension of an escapee636
or the quelling of a disturbance at the facility shall be637
chargeable to and borne by the contractor. The contractor shall638
also reimburse the state or its political subdivisions for all639
reasonable costs incurred relating to the temporary detention of640
the escapee following recapture.641

       (G) Any offense that would be a crime if committed at a state 642
correctional institution or jail, workhouse, prison, or other 643
correctional facility shall be a crime if committed by or with 644
regard to inmates at facilities operated pursuant to a contract 645
entered into under this section.646

       (H) A contractor operating and managing a facility pursuant647
to a contract entered into under this section shall pay any inmate648
workers at the facility at the rate approved by the public entity.649
Inmates working at the facility shall not be considered employees650
of the contractor.651

       (I) In contracting for the private operation and management652
pursuant to division (A) of this section of the initial intensive653
program prison established pursuant to section 5120.033 of the654
Revised Code or of any other intensive program prison established655
pursuant to that section, the department of rehabilitation and656
correction may enter into a contract with a contractor for the657
general operation and management of the prison and may enter into658
one or more separate contracts with other persons or entities for659
the provision of specialized services for persons confined in the660
prison, including, but not limited to, security or training661
services or medical, counseling, educational, or similar treatment662
programs. If, pursuant to this division, the department enters663
into a contract with a contractor for the general operation and664
management of the prison and also enters into one or more665
specialized service contracts with other persons or entities, all666
of the following apply:667

       (1) The contract for the general operation and management668
shall comply with all requirements and criteria set forth in this669
section, and all provisions of this section apply in relation to670
the prison operated and managed pursuant to the contract.671

       (2) Divisions (A)(2), (B), and (C) of this section do not672
apply in relation to any specialized services contract, except to673
the extent that the provisions of those divisions clearly are674
relevant to the specialized services to be provided under the675
specialized services contract. Division (D) of this section676
applies in relation to each specialized services contract.677

       (J) As used in this section:678

       (1) "Public entity" means the department of rehabilitation679
and correction, or a county or municipal corporation or a680
combination of counties and municipal corporations, that has681
jurisdiction over a facility that is the subject of a contract682
entered into under this section.683

       (2) "Local public entity" means a county or municipal684
corporation, or a combination of counties and municipal685
corporations, that has jurisdiction over a jail, workhouse, or686
other correctional facility used only for misdemeanants that is687
the subject of a contract entered into under this section.688

       (3) "Governing authority of a local public entity" means, for689
a county, the board of county commissioners; for a municipal690
corporation, the legislative authority; for a combination of691
counties and municipal corporation, all the boards of county692
commissioners and municipal legislative authorities that joined to693
create the facility.694

       (4) "Contractor" means a person or entity that enters into a695
contract under this section to operate and manage a jail,696
workhouse, or other correctional facility.697

       (5) "Facility" means the specific county, multicounty,698
municipal, municipal-county, or multicounty-municipal jail,699
workhouse, prison, or other type of correctional institution or700
facility used only for misdemeanants, or a state correctional701
institution, that is the subject of a contract entered into under702
this section.703

       (6) "Person or entity" in the case of a contract for the704
private operation and management of a state correctional705
institution, includes an employee organization, as defined in706
section 4117.01 of the Revised Code, that represents employees at707
state correctional institutions.708

       Sec. 9.24. (A) Except as may be allowed under division (F) of 709
this section, no state agency and no political subdivision shall 710
award a contract as described in division (G)(1) of this section 711
for goods, services, or construction, paid for in whole or in part 712
with state funds, to a person against whom a finding for recovery 713
has been issued by the auditor of state on and after January 1, 714
2001, if the finding for recovery is unresolved.715

       A contract is considered to be awarded when it is entered 716
into or executed, irrespective of whether the parties to the 717
contract have exchanged any money.718

        (B) For purposes of this section, a finding for recovery is 719
unresolved unless one of the following criteria applies:720

        (1) The money identified in the finding for recovery is paid 721
in full to the state agency or political subdivision to whom the 722
money was owed;723

        (2) The debtor has entered into a repayment plan that is 724
approved by the attorney general and the state agency or political 725
subdivision to whom the money identified in the finding for 726
recovery is owed. A repayment plan may include a provision 727
permitting a state agency or political subdivision to withhold 728
payment to a debtor for goods, services, or construction provided 729
to or for the state agency or political subdivision pursuant to a 730
contract that is entered into with the debtor after the date the 731
finding for recovery was issued.732

        (3) The attorney general waives a repayment plan described in 733
division (B)(2) of this section for good cause;734

        (4) The debtor and state agency or political subdivision to 735
whom the money identified in the finding for recovery is owed have 736
agreed to a payment plan established through an enforceable 737
settlement agreement.738

        (5) The state agency or political subdivision desiring to 739
enter into a contract with a debtor certifies, and the attorney 740
general concurs, that all of the following are true:741

        (a) Essential services the state agency or political 742
subdivision is seeking to obtain from the debtor cannot be 743
provided by any other person besides the debtor;744

        (b) Awarding a contract to the debtor for the essential 745
services described in division (B)(5)(a) of this section is in the 746
best interest of the state;747

        (c) Good faith efforts have been made to collect the money 748
identified in the finding of recovery.749

       (6) The debtor has commenced an action to contest the finding 750
for recovery and a final determination on the action has not yet 751
been reached.752

        (C) The attorney general shall submit an initial report to 753
the auditor of state, not later than December 1, 2003, indicating 754
the status of collection for all findings for recovery issued by 755
the auditor of state for calendar years 2001, 2002, and 2003. 756
Beginning on January 1, 2004, the attorney general shall submit to 757
the auditor of state, on the first day of every January, April, 758
July, and October, a list of all findings for recovery that have 759
been resolved in accordance with division (B) of this section 760
during the calendar quarter preceding the submission of the list 761
and a description of the means of resolution. The attorney general 762
shall notify the auditor of state when a judgment is issued 763
against an entity described in division (F)(1) of this section.764

       (D) The auditor of state shall maintain a database, 765
accessible to the public, listing persons against whom an 766
unresolved finding for recovery has been issued, and the amount of 767
the money identified in the unresolved finding for recovery. The 768
auditor of state shall have this database operational on or before 769
January 1, 2004. The initial database shall contain the 770
information required under this division for calendar years 2001, 771
2002, and 2003.772

       Beginning January 15, 2004, the auditor of state shall update 773
the database by the fifteenth day of every January, April, July, 774
and October to reflect resolved findings for recovery that are 775
reported to the auditor of state by the attorney general on the 776
first day of the same month pursuant to division (C) of this 777
section.778

        (E) Before awarding a contract as described in division 779
(G)(1) of this section for goods, services, or construction, paid 780
for in whole or in part with state funds, a state agency or 781
political subdivision shall verify that the person to whom the 782
state agency or political subdivision plans to award the contract 783
has no unresolved finding for recovery issued against the person. 784
A state agency or political subdivision shall verify that the 785
person does not appear in the database described in division (D) 786
of this section or shall obtain other proof that the person has no 787
unresolved finding for recovery issued against the person.788

        (F) The prohibition of division (A) of this section and the 789
requirement of division (E) of this section do not apply with 790
respect to the companies or agreements described in divisions 791
(F)(1) and (2) of this section, or in the circumstance described 792
in division (F)(3) of this section.793

       (1) A bonding company or a company authorized to transact the 794
business of insurance in this state, a self-insurance pool, joint 795
self-insurance pool, risk management program, or joint risk 796
management program, unless a court has entered a final judgment 797
against the company and the company has not yet satisfied the 798
final judgment.799

       (2) To medicaid provider agreements under Chapter 5111. of 800
the Revised Code or payments or provider agreements under 801
disability assistance medical assistance established under Chapter 802
5115. of the Revised Code.803

       (3) When federal law dictates that a specified entity provide 804
the goods, services, or construction for which a contract is being 805
awarded, regardless of whether that entity would otherwise be 806
prohibited from entering into the contract pursuant to this 807
section.808

       (G)(1) This section applies only to contracts for goods, 809
services, or construction that satisfy the criteria in either 810
division (G)(1)(a) or (b) of this divisionsection. This section 811
may apply to contracts for goods, services, or construction that 812
satisfy the criteria in division (G)(1)(c) of this section, 813
provided that the contracts also satisfy the criteria in either 814
division (G)(1)(a) or (b) of this divisionsection.815

       (a) The cost for the goods, services, or construction 816
provided under the contract is estimated to exceed twenty-five 817
thousand dollars.818

       (b) The aggregate cost for the goods, services, or 819
construction provided under multiple contracts entered into by the 820
particular state agency and a single person or the particular 821
political subdivision and a single person within the fiscal year 822
preceding the fiscal year within which a contract is being entered 823
into by that same state agency and the same single person or the 824
same political subdivision and the same single person, exceeded 825
fifty thousand dollars.826

       (c) The contract is a renewal of a contract previously 827
entered into and renewed pursuant to that preceding contract.828

       (2) This section does not apply to employment contracts.829

       (H) As used in this section:830

       (1) "State agency" has the same meaning as in section 9.66 of 831
the Revised Code.832

       (2) "Political subdivision" means a political subdivision as 833
defined in section 9.82 of the Revised Code that has received more 834
than fifty thousand dollars of state money in the current fiscal 835
year or the preceding fiscal year.836

       (3) "Finding for recovery" means a determination issued by 837
the auditor of state, contained in a report the auditor of state 838
gives to the attorney general pursuant to section 117.28 of the 839
Revised Code, that public money has been illegally expended, 840
public money has been collected but not been accounted for, public 841
money is due but has not been collected, or public property has 842
been converted or misappropriated.843

        (4) "Debtor" means a person against whom a finding for 844
recovery has been issued.845

       (5) "Person" means the person named in the finding for 846
recovery.847

       (6) "State money" does not include funds the state receives 848
from another source and passes through to a political subdivision.849

       Sec. 9.833.  (A) As used in this section, "political850
subdivision" means a municipal corporation, township, county,851
school district, or other body corporate and politic responsible852
for governmental activities in a geographic area smaller than that 853
of the state, and agencies and instrumentalities of these 854
entities. For purposes of this section, a school district is not a 855
"political subdivision."856

       (B) Political subdivisions that provide health care benefits 857
for their officers or employees may do any of the following:858

       (1) Establish and maintain an individual self-insurance859
program with public moneys to provide authorized health care860
benefits, including but not limited to, health care, prescription 861
drugs, dental care, and vision care, in accordance with division 862
(C) of this section;863

       (2) After establishing an individual self-insurance program, 864
agree with other political subdivisions that have established 865
individual self-insurance programs for health care benefits, that 866
their programs will be jointly administered in a manner specified 867
in the agreement;868

       (3) Pursuant to a written agreement and in accordance with869
division (C) of this section, join in any combination with other870
political subdivisions to establish and maintain a joint871
self-insurance program to provide health care benefits;872

       (4) Pursuant to a written agreement, join in any combination 873
with other political subdivisions to procure or contract for 874
policies, contracts, or plans of insurance to provide health care 875
benefits for their officers and employees subject to the 876
agreement;877

       (5) Use in any combination any of the policies, contracts,878
plans, or programs authorized under this division.879

       (C) Except as otherwise provided in division (E) of this880
section, the following apply to individual or joint self-insurance 881
programs established pursuant to this section:882

       (1) Such funds shall be reserved as are necessary, in the883
exercise of sound and prudent actuarial judgment, to cover884
potential cost of health care benefits for the officers and885
employees of the political subdivision. A report of amounts so886
reserved and disbursements made from such funds, together with a887
written report of a member of the American academy of actuaries888
certifying whether the amounts reserved conform to the889
requirements of this division, are computed in accordance with890
accepted loss reserving standards, and are fairly stated in891
accordance with sound loss reserving principles, shall be prepared 892
and maintained, within ninety days after the last day of the 893
fiscal year of the entity for which the report is provided for 894
that fiscal year, in the office of the program administrator895
described in division (C)(3) of this section.896

       The report required by division (C)(1) of this section shall 897
include, but not be limited to, disbursements made for the898
administration of the program, including claims paid, costs of the899
legal representation of political subdivisions and employees, and900
fees paid to consultants.901

       The program administrator described in division (C)(3) of902
this section shall make the report required by this division903
available for inspection by any person at all reasonable times904
during regular business hours, and, upon the request of such905
person, shall make copies of the report available at cost within a 906
reasonable period of time.907

       (2) Each political subdivision shall reserve funds necessary 908
for an individual or joint self-insurance program in a special 909
fund that may be established for political subdivisions other than 910
an agency or instrumentality pursuant to an ordinance or911
resolution of the political subdivision and not subject to section 912
5705.12 of the Revised Code. An agency or instrumentality shall 913
reserve the funds necessary for an individual or joint 914
self-insurance program in a special fund established pursuant to a 915
resolution duly adopted by the agency's or instrumentality's 916
governing board. The political subdivision may allocate the costs 917
of insurance or any self-insurance program, or both, among the 918
funds or accounts in the subdivision's treasuryestablished under 919
this division on the basis of relative exposure and loss920
experience.921

       (3) A contract may be awarded, without the necessity of922
competitive bidding, to any person, political subdivision,923
nonprofit corporation organized under Chapter 1702. of the Revised 924
Code, or regional council of governments created under Chapter 925
167. of the Revised Code for purposes of administration of an 926
individual or joint self-insurance program. No such contract shall 927
be entered into without full, prior, public disclosure of all 928
terms and conditions. The disclosure shall include, at a minimum, 929
a statement listing all representations made in connection with 930
any possible savings and losses resulting from the contract, and 931
potential liability of any political subdivision or employee. The 932
proposed contract and statement shall be disclosed and presented 933
at a meeting of the political subdivision not less than one week 934
prior to the meeting at which the political subdivision authorizes 935
the contract.936

       A contract awarded to a nonprofit corporation or a regional 937
council of governments under this division may provide that all 938
employees of the nonprofit corporation or regional council of 939
governments and the employees of all entities related to the 940
nonprofit corporation or regional council of governments may be 941
covered by the individual or joint self-insurance program under 942
the terms and conditions set forth in the contract.943

       (4) The individual or joint self-insurance program shall944
include a contract with a member of the American academy of945
actuaries for the preparation of the written evaluation of the946
reserve funds required under division (C)(1) of this section.947

       (5) A joint self-insurance program may allocate the costs of 948
funding the program among the funds or accounts in the treasuries 949
ofestablished under this division to the participating political 950
subdivisions on the basis of their relative exposure and loss 951
experience.952

       (6) An individual self-insurance program may allocate the 953
costs of funding the program among the funds or accounts in the 954
treasury ofestablished under this division to the political955
subdivision that established the program.956

       (7) Two or more political subdivisions may also authorize the 957
establishment and maintenance of a joint health care cost958
containment program, including, but not limited to, the employment959
of risk managers, health care cost containment specialists, and960
consultants, for the purpose of preventing and reducing health961
care costs covered by insurance, individual self-insurance, or 962
joint self-insurance programs.963

       (8) A political subdivision is not liable under a joint964
self-insurance program for any amount in excess of amounts payable 965
pursuant to the written agreement for the participation of the 966
political subdivision in the joint self-insurance program. Under a 967
joint self-insurance program agreement, a political subdivision 968
may, to the extent permitted under the written agreement, assume 969
the risks of any other political subdivision. A joint 970
self-insurance program established under this section is deemed a 971
separate legal entity for the public purpose of enabling the 972
members of the joint self-insurance program to obtain insurance or 973
to provide for a formalized, jointly administered self-insurance 974
fund for its members. An entity created pursuant to this section 975
is exempt from all state and local taxes.976

       (9) Any political subdivision, other than an agency or 977
instrumentality, may issue general obligation bonds, or special 978
obligation bonds that are not payable from real or personal 979
property taxes, and may also issue notes in anticipation of such 980
bonds, pursuant to an ordinance or resolution of its legislative 981
authority or other governing body for the purpose of providing 982
funds to pay expenses associated with the settlement of claims, 983
whether by way of a reserve or otherwise, and to pay the political 984
subdivision's portion of the cost of establishing and maintaining 985
an individual or joint self-insurance program or to provide for 986
the reserve in the special fund authorized by division (C)(2) of 987
this section.988

       In its ordinance or resolution authorizing bonds or notes989
under this section, a political subdivision may elect to issue990
such bonds or notes under the procedures set forth in Chapter 133. 991
of the Revised Code. In the event of such an election,992
notwithstanding Chapter 133. of the Revised Code, the maturity of993
the bonds may be for any period authorized in the ordinance or994
resolution not exceeding twenty years, which period shall be the995
maximum maturity of the bonds for purposes of section 133.22 of996
the Revised Code.997

       Bonds and notes issued under this section shall not be998
considered in calculating the net indebtedness of the political999
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of1000
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are1001
hereby made applicable to bonds or notes authorized under this1002
section.1003

       (10) A joint self-insurance program is not an insurance1004
company. Its operation does not constitute doing an insurance1005
business and is not subject to the insurance laws of this state.1006

       (D) A political subdivision may procure group life insurance 1007
for its employees in conjunction with an individual or joint 1008
self-insurance program authorized by this section, provided that 1009
the policy of group life insurance is not self-insured.1010

       (E) Divisions (C)(1), (2), and (4) of this section do not1011
apply to individual self-insurance programs in municipal1012
corporations, townships, or counties.1013

       (F) A public official or employee of a political subdivision 1014
who is or becomes a member of the governing body of the program 1015
administrator of a joint self-insurance program in which the 1016
political subdivision participates is not in violation of division 1017
(D) or (E) of section 102.03, division (C) of section 102.04, or 1018
section 2921.42 of the Revised Code as a result of either of the 1019
following:1020

       (1) The political subdivision's entering under this section 1021
into the written agreement to participate in the joint 1022
self-insurance program;1023

       (2) The political subdivision's entering under this section 1024
into any other contract with the joint self-insurance program.1025

       Sec. 9.90.  (A) The governing board of any public institution 1026
of higher education, including without limitation state 1027
universities and colleges, community college districts, university 1028
branch districts, technical college districts, and municipal 1029
universities, or the board of education of any school district,1030
may, in addition to all other powers provided in the Revised Code:1031

       (1) Contract for, purchase, or otherwise procure from an1032
insurer or insurers licensed to do business by the state of Ohio1033
for or on behalf of such of its employees as it may determine,1034
life insurance, or sickness, accident, annuity, endowment, health, 1035
medical, hospital, dental, or surgical coverage and benefits, or 1036
any combination thereof, by means of insurance plans or other 1037
types of coverage, family, group or otherwise, and may pay from 1038
funds under its control and available for such purpose all or any 1039
portion of the cost, premium, or charge for such insurance, 1040
coverage, or benefits. However, the governing board, in addition 1041
to or as an alternative to the authority otherwise granted by 1042
division (A)(1) of this section, may elect to procure coverage for 1043
health care services, for or on behalf of such of its employees as 1044
it may determine, by means of policies, contracts, certificates, 1045
or agreements issued by at least two health insuring corporations 1046
holding a certificate of authority under Chapter 1751. of the 1047
Revised Code and may pay from funds under the governing board's 1048
control and available for such purpose all or any portion of the 1049
cost of such coverage. 1050

       (2) Make payments to a custodial account for investment in1051
regulated investment company stock for the purpose of providing1052
retirement benefits as described in section 403(b)(7) of the1053
Internal Revenue Code of 1954, as amended. Such stock shall be1054
purchased only from persons authorized to sell such stock in this1055
state.1056

       Any income of an employee deferred under divisions (A)(1) and 1057
(2) of this section in a deferred compensation program eligible 1058
for favorable tax treatment under the Internal Revenue Code of 1059
1954, as amended, shall continue to be included as regular 1060
compensation for the purpose of computing the contributions to and 1061
benefits from the retirement system of such employee. Any sum so 1062
deferred shall not be included in the computation of any federal 1063
and state income taxes withheld on behalf of any such employee.1064

       (B) All or any portion of the cost, premium, or charge1065
therefor may be paid in such other manner or combination of1066
manners as the governing board or the school board may determine,1067
including direct payment by the employee in cases under division1068
(A)(1) of this section, and, if authorized in writing by the1069
employee in cases under division (A)(1) or (2) of this section, by 1070
such governing board or school board with moneys made available by 1071
deduction from or reduction in salary or wages or by the foregoing 1072
of a salary or wage increase. Division (B)(7) of section 3917.01 1073
and the last paragraph of section 3917.06 of the Revised Code 1074
shall not prohibit the issuance or purchase of group life 1075
insurance authorized by this section by reason of payment of1076
premiums therefor by the governing board or the school board from1077
its funds, and such group life insurance may be so issued and1078
purchased if otherwise consistent with the provisions of sections1079
3917.01 to 3917.07 of the Revised Code.1080

       (C) The board of education of any school district may 1081
exercise any of the powers granted to the governing boards of 1082
public institutions of higher education under divisions (A) and 1083
(B) of this section, except in relation to the provision of life 1084
and health care benefits to employees. All life and health care 1085
benefits provided to persons employed by the public schools of 1086
this state shall be from life and medical plans designed by the 1087
school employees health care board pursuant to section 9.901 of 1088
the Revised Code.1089

       Sec. 9.901.  (A) All life and health care benefits provided 1090
to persons employed by the public schools of this state shall be 1091
provided by life and medical plans designed pursuant to this 1092
section by the school employees health care board. The board, in 1093
consultation with the superintendent of insurance, shall negotiate 1094
with and, in accordance with the competitive selection procedures 1095
of Chapter 125. of the Revised Code, contract with one or more 1096
insurance companies authorized to do business in this state for 1097
the issuance of the plans so designed. As used in this section, a 1098
"public school" means a school in a city, local, exempted village, 1099
or joint vocational school district, and includes the educational 1100
service centers associated with those schools.1101

       (B) The school employees health care board is hereby created. 1102
The school employees health care board shall consist of the 1103
following nine members and shall include individuals with 1104
experience with public school benefit programs, health care 1105
industry providers, and medical plan beneficiaries:1106

       (1) Three members appointed by the governor;1107

       (2) Three members appointed by the president of the senate;1108

       (3) Three members appointed by the speaker of the house of 1109
representatives.1110

       A member of the school employees health care board shall not 1111
be employed by, represent, or in any way be affiliated with a 1112
private entity that is providing services to the board, employers, 1113
or employees.1114

       (C)(1) Members of the school employees health care board 1115
shall serve four-year terms; however, one of each of the initial 1116
members appointed under divisions (B)(1) to (3) of this section 1117
shall be appointed to a term of one year. The initial appointments 1118
under this section shall be made within forty-five days after the 1119
effective date of this section.1120

       Members' terms shall end on the same day of the same month as 1121
the effective date of this section, but a member shall continue to 1122
serve subsequent to the expiration of the member's term until a 1123
successor is appointed. Any vacancy occurring during a member's 1124
term shall be filled in the same manner as the original 1125
appointment, except that the person appointed to fill the vacancy 1126
shall be appointed to the remainder of the unexpired term.1127

       (2) Members shall serve without compensation but shall be 1128
reimbursed from the school employees health care fund for actual 1129
and necessary expenses incurred in the performance of their 1130
official duties as members of the board.1131

       (3) Members may be removed by their appointing authority for 1132
misfeasance, malfeasance, incompetence, dereliction of duty, or 1133
other just cause.1134

       (D)(1) The governor shall call the first meeting of the 1135
school employees health care board. At that meeting, and annually 1136
thereafter, the board shall elect a chairperson and may elect 1137
members to other positions on the board as the board considers 1138
necessary or appropriate. The board shall meet at least four times 1139
each calendar year and shall also meet at the call of the 1140
chairperson or three or more board members. The chairperson shall 1141
provide reasonable advance notice of the time and place of board 1142
meetings to all members.1143

       (2) A majority of the board constitutes a quorum for the 1144
transaction of business at a board meeting. A majority vote of the 1145
members present is necessary for official action.1146

       (E) The school employees health care board shall conduct its 1147
business at open meetings; however, the records of the board are 1148
not public records for purposes of section 149.43 of the Revised 1149
Code.1150

       (F) The school employees health care fund is hereby created 1151
in the state treasury. The public schools shall pay all school 1152
employees health care board plan premiums in the manner prescribed 1153
by the school employees health care board to the board for deposit 1154
into the school employees health care fund. All funds in the 1155
school employees health care fund shall be used solely for the 1156
provision of life and health care benefits to public schools 1157
employees pursuant to this section and related administrative 1158
costs.1159

       (G) The school employees health care board shall do all of 1160
the following:1161

       (1) Design multiple life and medical plans to provide, in the 1162
board's judgment, the optimal combination of coverage, cost, 1163
choice, and stability;1164

       (2) Include both state and regional preferred provider plans 1165
in the medical plans designed by the board;1166

       (3) Set an aggregate goal for employee and employer portions 1167
of premiums for the board's life and medical plans so as to manage 1168
plan participation and encourage the use of value-based plan 1169
participation by employees;1170

       (4) Set employee plan copayments, deductibles, exclusions, 1171
limitations, formularies, and other responsibilities;1172

       (5) Create and distribute to the governor, the speaker of the 1173
house of representatives, and the president of the senate, an 1174
annual report covering the plan background; plan coverage options; 1175
plan administration, including procedures for monitoring and 1176
managing objectives, scope, and methodology; plan operations; 1177
employee and employer contribution rates and the relationship 1178
between the rates and the school employees health care fund 1179
balance; a means to develop and maintain identity and evaluate 1180
alternative employee and employer cost-sharing strategies; an 1181
evaluation of the effectiveness of cost-saving services and 1182
programs; an evaluation of efforts to control and manage member 1183
eligibility and to insure that proper employee and employer 1184
contributions are remitted to the trust fund; efforts to prevent 1185
and detect fraud; and efforts to manage and monitor board 1186
contracts;1187

       (6) Utilize cost containment measures aligned with patient, 1188
plan, and provider management strategies in developing and 1189
managing life and medical plans.1190

       (H) The sections in Chapter 3923. of the Revised Code 1191
regulating public employee benefit plans are not applicable to the 1192
medical plans designed pursuant to this section.1193

       (I)(1) Public schools are not subject to this section prior 1194
to the release of life and medical plans designed pursuant to this 1195
section. The school employees health care board shall release its 1196
initial life and medical plans not later than March 15, 2006.1197

       (2) Districts offering employee health care benefits through 1198
a plan offered by a consortium of two or more districts 1199
representing five thousand or more employees as of January 1, 1200
2005, may request permission from the school employees health care 1201
board to continue offering consortium plans to the districts' 1202
employees at the discretion of the board. If the board grants 1203
permission, the permission is valid for only one year but may be 1204
renewed annually thereafter upon application to an approval of the 1205
board. The board shall grant initial or continued approval upon 1206
finding, based on an actuarial evaluation of the existing 1207
consortium plan offerings, that benefit design, premium costs, 1208
administrative cost, and other factors considered by the board are 1209
equivalent to or lower than comparable costs of the board's plan 1210
options offered to the local district. Age and gender adjustments, 1211
benefit comparison adjustments, and the total cost of the 1212
consortium plan, including administration, benefit cost, stop-loss 1213
insurance, and all other expenses or information requested by the 1214
board shall be presented to the board prior to the board's 1215
decision to allow a local district to continue to offer health 1216
care benefits under a consortium plan. A district shall not 1217
participate in the consortium plan once the district has chosen to 1218
offer plans designed by the board to the district's employees and 1219
begins premium payments for deposit into the school employees 1220
health care fund.1221

       (J) The school employees health care board may contract with 1222
other state agencies as the board deems necessary for the 1223
implementation and operation of this section, based on 1224
demonstrated experience and expertise in administration, 1225
management, data handling, actuarial studies, quality assurance, 1226
or other needed services. The school employees health care board 1227
shall contract with the department of administrative services for 1228
central services until the board is able to obtain such services 1229
from other sources. The board shall reimburse the department of 1230
administrative services for the reasonable cost of those services. 1231
The board's administrative functions shall include, but are not 1232
limited to, the following:1233

       (1) Maintaining reserves in the school employees health care 1234
fund, reinsurance, and other measures that in the judgment of the 1235
board will result in the long-term stability and solvency of the 1236
life and medical plans designed by the board;1237

       (2) Providing health care information, wellness programs, and 1238
other preventive health care measures to medical plan 1239
beneficiaries, to the extent that the board determines to be 1240
appropriate;1241

       (3) Coordinating contracts for services related to the 1242
board's life and medical plans. Contracts shall be approved by the 1243
school employees health care board.1244

       (K) Not less than ninety days before coverage begins for 1245
public school employees under life and medical plans designed by 1246
the school employees health care board, a school district's board 1247
of education shall provide detailed information about the life and 1248
medical plans to the employees.1249

       (L) The Ohio board of regents shall report to the governor, 1250
the speaker of the house of representatives, and the president of 1251
the senate within eighteen months after the effective date of this 1252
section on the feasibility of achieving all of the following: 1253

       (1) Designing multiple life and medical plans to cover 1254
persons employed by public institutions of higher education that 1255
achieve an optimal combination of coverage, cost, choice, and 1256
stability, which plans include both state and regional preferred 1257
provider plans, set employee and employer premiums, and set 1258
employee plan copayments, deductibles, exclusions, limitations, 1259
formularies, and other responsibilities. For this purpose, "public 1260
institutions of higher education" include, without limitation, 1261
state universities and colleges, state community college 1262
districts, community college districts, university branch 1263
districts, technical college districts, and municipal 1264
universities. 1265

       (2) Maintaining reserves, reinsurance, and other measures to 1266
insure the long-term stability and solvency of the life and 1267
medical plans; 1268

       (3) Providing appropriate health care information, wellness 1269
programs, and other preventive health care measures to medical 1270
plan beneficiaries; 1271

       (4) Coordinating contracts for services related to the life 1272
and medical plans.1273

       Sec. 101.68.  (A) WithinSubject to division (D) of this 1274
section, within thirty days of the convening of the first regular 1275
session of the general assembly, each agency required to submit 1276
reports or similar documents to the general assembly pursuant to 1277
section 103.43, 3301.07, 5139.33, 5501.07, 5537.17, or 5593.21 of 1278
the Revised Code shall send written notice to each member of the 1279
general assembly in order to determine whether the member desires 1280
to personally receive the reports or similar documents as they are 1281
made available by the agency. If the member desires to personally 1282
receive the reports or similar documents as they become available, 1283
the member shall send a written request to the agency within 1284
thirty days of receiving the notice.1285

       (B) Whenever any statute or rule requires that a report,1286
recommendation, or other similar document be submitted to the1287
general assembly under a law not cited in division (A) of this1288
section, to the members of the general assembly, to one house of1289
the general assembly, or to the members of one house of the1290
general assembly, the requirement shall be fulfilled by the1291
submission of a copy of the report, recommendation, or document to 1292
the director of the legislative service commission, the president 1293
of the senate, the minority leader of the senate, the speaker of 1294
the house of representatives, and the minority leader of the house 1295
of representatives if both houses of the general assembly or their 1296
members are specified, or to the director of the legislative 1297
service commission, the president of the senate, and the minority 1298
leader of the senate if only the senate or its members are 1299
specified, or to the director of the legislative service 1300
commission, the speaker of the house of representatives, and the 1301
minority leader of the house of representatives if only the house 1302
of representatives or its members are specified. This division 1303
does not apply to items required to be distributed to members of 1304
the general assembly pursuant to section 103.14, 149.04, 149.07, 1305
or 149.17 of the Revised Code.1306

       (C) Each month the legislative service commission shall1307
provide to each member of the senate and to each member of the1308
house of representatives a list of all reports, recommendations,1309
and documents submitted to the officers of the general assembly1310
under division (B) of this section. The list shall include a short 1311
and accurate description of the content, length, and form of each 1312
report, recommendation, or document submitted, as well as a 1313
statement setting forth the number printed, if applicable, and the 1314
cost of preparation. Each member may request from the legislative1315
service commission a copy of any report, recommendation, or1316
document on the list, and the legislative service commission shall 1317
comply with any such request.1318

       (D) Notwithstanding any provision of the Revised Code to the 1319
contrary, whenever any statute or rule requires that an agency 1320
submit a report, recommendation, or other similar document to the 1321
general assembly or otherwise as described in division (B) of this 1322
section in a paper, book, or other hard copy format, the report, 1323
recommendation, or other document, to the extent technologically 1324
feasible, shall be submitted to the general assembly or otherwise 1325
as described in division (B) of this section through electronic 1326
means, rather than in the hard copy format, and shall be displayed 1327
by the agency on a web site it maintains.1328

       Sec. 102.01.  As used in this chapter:1329

       (A) "Compensation" means money, thing of value, or financial1330
benefit. "Compensation" does not include reimbursement for actual1331
and necessary expenses incurred in the performance of official1332
duties.1333

       (B) "Public official or employee" means any person who is1334
elected or appointed to an office or is an employee of any public1335
agency. "Public official or employee" does not include a person1336
elected or appointed to the office of precinct, ward, or district1337
committee member under section 3517.03 of the Revised Code, any1338
presidential elector, or any delegate to a national convention.1339
"Public official or employee" does not include a person who is a1340
teacher, instructor, professor, or other kind of educator whose 1341
position does not involve the performance of, or authority to 1342
perform, administrative or supervisory functions.1343

       (C) "Public agency" means the general assembly, all courts,1344
any department, division, institution, board, commission,1345
authority, bureau, or other instrumentality of the state,or a1346
county, city, village, or township, the five state retirement1347
systems, or any other governmental entity. "Public agency" does1348
not include a department, division, institution, board,1349
commission, authority, or other instrumentality of the state or a1350
county, municipal corporation, township, or other governmental1351
entity that functions exclusively for cultural, educational,1352
historical, humanitarian, advisory, or research purposes; that 1353
does not expend more than ten thousand dollars per calendar year,1354
excluding salaries and wages of employees; and whose members are1355
uncompensated.1356

       (D) "Immediate family" means a spouse residing in the1357
person's household and any dependent child.1358

       (E) "Income" includes gross income as defined and used in the1359
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as1360
amended, interest and dividends on obligations or securities of1361
any state or of any political subdivision or authority of any1362
state or political subdivision, and interest or dividends on1363
obligations of any authority, commission, or instrumentality of1364
the United States.1365

       (F) Except as otherwise provided in division (A) of section1366
102.08 of the Revised Code, "appropriate ethics commission" means:1367

       (1) For matters relating to members of the general assembly,1368
employees of the general assembly, employees of the legislative1369
service commission, employees of the capitol square review and 1370
advisory board, and candidates for the office of member of the1371
general assembly, the joint legislative ethics committee;1372

       (2) For matters relating to judicial officers and employees,1373
and candidates for judicial office, the board of commissioners on1374
grievances and discipline of the supreme court;1375

       (3) For matters relating to all other persons, the Ohio1376
ethics commission.1377

       (G) "Anything of value" has the same meaning as provided in1378
section 1.03 of the Revised Code and includes, but is not limited1379
to, a contribution as defined in section 3517.01 of the Revised1380
Code.1381

       (H) "Honorarium" means any payment made in consideration for1382
any speech given, article published, or attendance at any public1383
or private conference, convention, meeting, social event, meal, or1384
similar gathering. "Honorarium" does not include ceremonial gifts1385
or awards that have insignificant monetary value; unsolicited1386
gifts of nominal value or trivial items of informational value; or1387
earned income from any person, other than a legislative agent, for1388
personal services that are customarily provided in connection with1389
the practice of a bona fide business, if that business initially1390
began before the public official or employee conducting that1391
business was elected or appointed to the public official's or1392
employee's office or position of employment.1393

       (I) "Employer" means any person who, directly or indirectly, 1394
engages an executive agency lobbyist or legislative agent.1395

       (J) "Executive agency decision," "executive agency lobbyist," 1396
and "executive agency lobbying activity" have the same meanings as 1397
in section 121.60 of the Revised Code.1398

       (K) "Legislation," "legislative agent," "financial 1399
transaction," and "actively advocate" have the same meanings as in 1400
section 101.70 of the Revised Code.1401

       (L) "Expenditure" has the same meaning as in section 101.70 1402
of the Revised Code when used in relation to activities of a 1403
legislative agent, and the same meaning as in section 121.60 of 1404
the Revised Code when used in relation to activities of an 1405
executive agency lobbyist.1406

       Sec. 105.41.  (A) There is hereby created the capitol square1407
review and advisory board, consisting of thirteen members as1408
follows:1409

       (1) Two members of the senate, appointed by the president of1410
the senate, both of whom shall not be members of the same1411
political party;1412

       (2) Two members of the house of representatives, appointed by 1413
the speaker of the house of representatives, both of whom shall1414
not be members of the same political party;1415

       (3) Five members appointed by the governor, with the advice1416
and consent of the senate, not more than three of whom shall be1417
members of the same political party, one of whom shall represent1418
the office of the state architect and engineer, one of whom shall1419
represent the Ohio arts council, one of whom shall represent the1420
Ohio historical society, one of whom shall represent the Ohio1421
building authority, and one of whom shall represent the public at1422
large;1423

       (4) One member, who shall be a former president of the1424
senate, appointed by the current president of the senate. If the1425
current president of the senate, in the current president's1426
discretion, decides for any reason not to make the appointment or1427
if no person is eligible or available to serve, the seat shall1428
remain vacant.1429

       (5) One member, who shall be a former speaker of the house of 1430
representatives, appointed by the current speaker of the house of 1431
representatives. If the current speaker of the house of1432
representatives, in the current speaker's discretion, decides for1433
any reason not to make the appointment or if no person is eligible1434
or available to serve, the seat shall remain vacant.1435

       (6) The clerk of the senate and the clerk of the house of 1436
representatives.1437

       (B) Terms of office of each appointed member of the board1438
shall be for three years, except that members of the general1439
assembly appointed to the board shall be members of the board only1440
so long as they are members of the general assembly. Each member1441
shall hold office from the date of the member's appointment until1442
the end of the term for which the member was appointed. In case of 1443
a vacancy occurring on the board, the president of the senate, the1444
speaker of the house of representatives, or the governor, as the 1445
case may be, shall in the same manner prescribed for the regular 1446
appointment to the commission, fill the vacancy by appointing a 1447
member. Any member appointed to fill a vacancy occurring prior to 1448
the expiration of the term for which the member's predecessor was 1449
appointed shall hold office for the remainder of the term. Any 1450
appointed member shall continue in office subsequent to the 1451
expiration date of the member's term until the member's successor 1452
takes office, or until a period of sixty days has elapsed, 1453
whichever occurs first.1454

       (C) The board shall hold meetings in a manner and at times1455
prescribed by the rules adopted by the board. A majority of the1456
board constitutes a quorum, and no action shall be taken by the1457
board unless approved by at least six members or by at least seven 1458
members if a person is appointed under division (A)(4) or (5) of 1459
this section. At its first meeting, the board shall adopt rules 1460
for the conduct of its business and the election of its officers, 1461
and shall organize by selecting a chairperson and other officers 1462
as it considers necessary. Board members shall serve without 1463
compensation but shall be reimbursed for actual and necessary 1464
expenses incurred in the performance of their duties.1465

       (D) The board may do any of the following:1466

       (1) Employ or hire on a consulting basis professional,1467
technical, and clerical employees as are necessary for the1468
performance of its duties;1469

       (2) Hold public hearings at times and places as determined by 1470
the board;1471

       (3) Adopt, amend, or rescind rules necessary to accomplish1472
the duties of the board as set forth in this section;1473

       (4) Sponsor, conduct, and support such social events as the1474
board may authorize and consider appropriate for the employees of1475
the board, employees and members of the general assembly,1476
employees of persons under contract with the board or otherwise1477
engaged to perform services on the premises of capitol square, or1478
other persons as the board may consider appropriate. Subject to1479
the requirements of Chapter 4303. of the Revised Code, the board1480
may provide beer, wine, and intoxicating liquor, with or without1481
charge, for those events and may use funds only from the sale of1482
goods and services fund to purchase the beer, wine, and1483
intoxicating liquor the board provides.1484

       (E) The board shall do all of the following:1485

       (1) Have sole authority to coordinate and approve any1486
improvements, additions, and renovations that are made to the1487
capitol square. The improvements shall include, but not be limited 1488
to, the placement of monuments and sculpture on the capitol 1489
grounds.1490

       (2) Subject to section 3353.07 of the Revised Code, operate1491
the capitol square, and have sole authority to regulate all uses1492
of the capitol square. The uses shall include, but not be limited1493
to, the casual and recreational use of the capitol square.1494

       (3) Employ, with the approval of the president of the senate 1495
and the speaker of the house of representatives, the executive 1496
director of the board; fix the compensation of and prescribe the 1497
duties of the executive director; and employ, fix the compensation 1498
of, and prescribe the duties of the executive director of the 1499
board and other employees the board considers necessary for the 1500
performance of its powers and duties;1501

       (4) Establish and maintain the capitol collection trust. The1502
capitol collection trust shall consist of furniture, antiques, and1503
other items of personal property that the board shall store in1504
suitable facilities until they are ready to be placed in the1505
capitol square.1506

       (5) Perform repair, construction, contracting, purchasing,1507
maintenance, supervisory, and operating activities the board1508
determines are necessary for the operation and maintenance of the1509
capitol square;1510

       (6) Maintain and preserve the capitol square, in accordance1511
with guidelines issued by the United States secretary of the1512
interior for application of the secretary's standards for1513
rehabilitation adopted in 36 C.F.R. part 67.1514

       (F)(1) The board shall lease capital facilities improved or1515
financed by the Ohio building authority pursuant to Chapter 152.1516
of the Revised Code for the use of the board, and may enter into1517
any other agreements with the authority ancillary to improvement,1518
financing, or leasing of those capital facilities, including, but1519
not limited to, any agreement required by the applicable bond1520
proceedings authorized by Chapter 152. of the Revised Code. Any1521
lease of capital facilities authorized by this section shall be1522
governed by division (D) of section 152.24 of the Revised Code.1523

       (2) Fees, receipts, and revenues received by the board from1524
the state underground parking garage constitute available receipts1525
as defined in section 152.09 of the Revised Code, and may be1526
pledged to the payment of bond service charges on obligations1527
issued by the Ohio building authority pursuant to Chapter 152. of1528
the Revised Code to improve or finance capital facilities useful1529
to the board. The authority may, with the consent of the board,1530
provide in the bond proceedings for a pledge of all or a portion1531
of those fees, receipts, and revenues as the authority determines. 1532
The authority may provide in the bond proceedings or by separate1533
agreement with the board for the transfer of those fees, receipts,1534
and revenues to the appropriate bond service fund or bond service1535
reserve fund as required to pay the bond service charges when due, 1536
and any such provision for the transfer of those fees, receipts, 1537
and revenues shall be controlling notwithstanding any other 1538
provision of law pertaining to those fees, receipts, and revenues.1539

       (3) All moneys received by the treasurer of state on account1540
of the board and required by the applicable bond proceedings or by1541
separate agreement with the board to be deposited, transferred, or1542
credited to the bond service fund or bond service reserve fund1543
established by the bond proceedings shall be transferred by the1544
treasurer of state to such fund, whether or not it is in the1545
custody of the treasurer of state, without necessity for further1546
appropriation, upon receipt of notice from the Ohio building1547
authority as prescribed in the bond proceedings.1548

       (G) All fees, receipts, and revenues received by the board1549
from the state underground parking garage shall be deposited into1550
the state treasury to the credit of the underground parking garage1551
operating fund, which is hereby created, to be used for the1552
purposes specified in division (F) of this section and for the1553
operation and maintenance of the garage. All investment earnings1554
of the fund shall be credited to the fund.1555

       (H) All donations received by the board shall be deposited1556
into the state treasury to the credit of the capitol square1557
renovation gift fund, which is hereby created. The fund shall be1558
used by the board as follows:1559

       (1) To provide part or all of the funding related to1560
construction, goods, or services for the renovation of the capitol1561
square;1562

       (2) To purchase art, antiques, and artifacts for display at1563
the capitol square;1564

       (3) To award contracts or make grants to organizations for1565
educating the public regarding the historical background and1566
governmental functions of the capitol square. Chapters 125., 127., 1567
and 153. and section 3517.13 of the Revised Code do not apply to 1568
purchases made exclusively from the fund, notwithstanding anything 1569
to the contrary in those chapters or that section. All investment 1570
earnings of the fund shall be credited to the fund.1571

       (I) Except as provided in divisions (G), (H), and (J) of this1572
section, all fees, receipts, and revenues received by the board 1573
shall be deposited into the state treasury to the credit of the 1574
sale of goods and services fund, which is hereby created. Money 1575
credited to the fund shall be used solely to pay costs of the 1576
board other than those specified in divisions (F) and (G) of this 1577
section. All investment earnings of the fund shall be credited to 1578
the fund.1579

       (J) There is hereby created in the state treasury the capitol 1580
square improvement fund, to be used by the board to pay1581
construction, renovation, and other costs related to the capitol1582
square for which money is not otherwise available to the board.1583
Whenever the board determines that there is a need to incur those1584
costs and that the unencumbered, unobligated balance to the credit1585
of the underground parking garage operating fund exceeds the1586
amount needed for the purposes specified in division (F) of this1587
section and for the operation and maintenance of the garage, the1588
board may request the director of budget and management to1589
transfer from the underground parking garage operating fund to the1590
capitol square improvement fund the amount needed to pay such1591
construction, renovation, or other costs. The director then shall 1592
transfer the amount needed from the excess balance of the1593
underground parking garage operating fund.1594

       (K) As the operation and maintenance of the capitol square1595
constitute essential government functions of a public purpose, the1596
board shall not be required to pay taxes or assessments upon the1597
square, upon any property acquired or used by the board under this 1598
section, or upon any income generated by the operation of the1599
square.1600

       (L) As used in this section, "capitol square" means the1601
capitol building, senate building, capitol atrium, capitol1602
grounds, and the state underground parking garage.1603

       (M) The capitol annex shall be known as the senate building.1604

       Sec. 108.05.  (A) The lieutenant governor shall be a member 1605
of the governor's cabinet and shall preside at its meetings in the 1606
absence of the governor.1607

       (B) The governor may appoint the lieutenant governor as an 1608
administrative department head listed in section 121.03 of the 1609
Revised Code, as director of the office of criminal justice 1610
services pursuant to section 181.52 of the Revised Code, as the 1611
governor's representative on any board, agency, committee, or1612
commission of which the governor is a member and has the authority 1613
to appoint a representative, or in an advisory capacity to any 1614
nonelective board, agency, committee, or commission in the 1615
executive department or may give the lieutenant governor any 1616
special assignment as the governor considers in the interest of 1617
the state.1618

       (C) When carrying out any of the functions described in 1619
division (B) of this section, the lieutenant governor shall be 1620
reimbursed from funds of the particular authority for necessary 1621
expenses incurred in the conduct of authority business.1622

       Sec. 109.57.  (A)(1) The superintendent of the bureau of1623
criminal identification and investigation shall procure from 1624
wherever procurable and file for record photographs, pictures, 1625
descriptions, fingerprints, measurements, and other information 1626
that may be pertinent of all persons who have been convicted of 1627
committing within this state a felony, any crime constituting a 1628
misdemeanor on the first offense and a felony on subsequent1629
offenses, or any misdemeanor described in division (A)(1)(a) of 1630
section 109.572 of the Revised Code, of all children under 1631
eighteen years of age who have been adjudicated delinquent 1632
children for committing within this state an act that would be a 1633
felony or an offense of violence if committed by an adult or who 1634
have been convicted of or pleaded guilty to committing within this 1635
state a felony or an offense of violence, and of all well-known 1636
and habitual criminals. The person in charge of any county, 1637
multicounty, municipal, municipal-county, or multicounty-municipal 1638
jail or workhouse, community-based correctional facility, halfway 1639
house, alternative residential facility, or state correctional 1640
institution and the person in charge of any state institution 1641
having custody of a person suspected of having committed a felony, 1642
any crime constituting a misdemeanor on the first offense and a 1643
felony on subsequent offenses, or any misdemeanor described in 1644
division (A)(1)(a) of section 109.572 of the Revised Code or 1645
having custody of a child under eighteen years of age with respect 1646
to whom there is probable cause to believe that the child may have 1647
committed an act that would be a felony or an offense of violence 1648
if committed by an adult shall furnish such material to the 1649
superintendent of the bureau. Fingerprints, photographs, or other1650
descriptive information of a child who is under eighteen years of 1651
age, has not been arrested or otherwise taken into custody for 1652
committing an act that would be a felony or an offense of violence 1653
if committed by an adult, has not been adjudicated a delinquent 1654
child for committing an act that would be a felony or an offense 1655
of violence if committed by an adult, has not been convicted of or 1656
pleaded guilty to committing a felony or an offense of violence, 1657
and is not a child with respect to whom there is probable cause to1658
believe that the child may have committed an act that would be a 1659
felony or an offense of violence if committed by an adult shall 1660
not be procured by the superintendent or furnished by any person 1661
in charge of any county, multicounty, municipal, municipal-county, 1662
or multicounty-municipal jail or workhouse, community-based 1663
correctional facility, halfway house, alternative residential 1664
facility, or state correctional institution, except as authorized 1665
in section 2151.313 of the Revised Code.1666

       (2) Every clerk of a court of record in this state, other 1667
than the supreme court or a court of appeals, shall send to the1668
superintendent of the bureau a weekly report containing a summary 1669
of each case involving a felony, involving any crime constituting 1670
a misdemeanor on the first offense and a felony on subsequent 1671
offenses, involving a misdemeanor described in division (A)(1)(a) 1672
of section 109.572 of the Revised Code, or involving an1673
adjudication in a case in which a child under eighteen years of 1674
age was alleged to be a delinquent child for committing an act 1675
that would be a felony or an offense of violence if committed by1676
an adult. The clerk of the court of common pleas shall include in 1677
the report and summary the clerk sends under this division all 1678
information described in divisions (A)(2)(a) to (f) of this 1679
section regarding a case before the court of appeals that is 1680
served by that clerk. The summary shall be written on the standard 1681
forms furnished by the superintendent pursuant to division (B) of 1682
this section and shall include the following information:1683

       (a) The incident tracking number contained on the standard 1684
forms furnished by the superintendent pursuant to division (B) of 1685
this section;1686

       (b) The style and number of the case;1687

       (c) The date of arrest;1688

       (d) The date that the person was convicted of or pleaded 1689
guilty to the offense, adjudicated a delinquent child for 1690
committing the act that would be a felony or an offense of 1691
violence if committed by an adult, found not guilty of the1692
offense, or found not to be a delinquent child for committing an 1693
act that would be a felony or an offense of violence if committed 1694
by an adult, the date of an entry dismissing the charge, an entry 1695
declaring a mistrial of the offense in which the person is 1696
discharged, an entry finding that the person or child is not 1697
competent to stand trial, or an entry of a nolle prosequi, or the 1698
date of any other determination that constitutes final resolution 1699
of the case;1700

       (e) A statement of the original charge with the section of 1701
the Revised Code that was alleged to be violated;1702

       (f) If the person or child was convicted, pleaded guilty, or 1703
was adjudicated a delinquent child, the sentence or terms of 1704
probation imposed or any other disposition of the offender or the 1705
delinquent child.1706

       If the offense involved the disarming of a law enforcement 1707
officer or an attempt to disarm a law enforcement officer, the 1708
clerk shall clearly state that fact in the summary, and the 1709
superintendent shall ensure that a clear statement of that fact is 1710
placed in the bureau's records.1711

       (3) The superintendent shall cooperate with and assist1712
sheriffs, chiefs of police, and other law enforcement officers in 1713
the establishment of a complete system of criminal identification 1714
and in obtaining fingerprints and other means of identification of 1715
all persons arrested on a charge of a felony, any crime 1716
constituting a misdemeanor on the first offense and a felony on 1717
subsequent offenses, or a misdemeanor described in division1718
(A)(1)(a) of section 109.572 of the Revised Code and of all 1719
children under eighteen years of age arrested or otherwise taken 1720
into custody for committing an act that would be a felony or an 1721
offense of violence if committed by an adult. The superintendent 1722
also shall file for record the fingerprint impressions of all 1723
persons confined in a county, multicounty, municipal, 1724
municipal-county, or multicounty-municipal jail or workhouse,1725
community-based correctional facility, halfway house, alternative 1726
residential facility, or state correctional institution for the 1727
violation of state laws and of all children under eighteen years 1728
of age who are confined in a county, multicounty, municipal, 1729
municipal-county, or multicounty-municipal jail or workhouse, 1730
community-based correctional facility, halfway house, alternative 1731
residential facility, or state correctional institution or in any1732
facility for delinquent children for committing an act that would 1733
be a felony or an offense of violence if committed by an adult, 1734
and any other information that the superintendent may receive from 1735
law enforcement officials of the state and its political 1736
subdivisions.1737

       (4) The superintendent shall carry out Chapter 2950. of the1738
Revised Code with respect to the registration of persons who are 1739
convicted of or plead guilty to either a sexually oriented offense 1740
that is not a registration-exempt sexually oriented offense or a 1741
child-victim oriented offense and with respect to all other duties 1742
imposed on the bureau under that chapter.1743

       (5) The bureau shall perform centralized recordkeeping 1744
functions for criminal history records and services in this state 1745
for purposes of the national crime prevention and privacy compact 1746
set forth in section 109.571 of the Revised Code and is the 1747
criminal history record repository as defined in that section for 1748
purposes of that compact. The superintendent or the 1749
superintendent's designee is the compact officer for purposes of 1750
that compact and shall carry out the responsibilities of the 1751
compact officer specified in that compact.1752

       (B) The superintendent shall prepare and furnish to every1753
county, multicounty, municipal, municipal-county, or1754
multicounty-municipal jail or workhouse, community-based 1755
correctional facility, halfway house, alternative residential 1756
facility, or state correctional institution and to every clerk of 1757
a court in this state specified in division (A)(2) of this section 1758
standard forms for reporting the information required under 1759
division (A) of this section. The standard forms that the 1760
superintendent prepares pursuant to this division may be in a 1761
tangible format, in an electronic format, or in both tangible 1762
formats and electronic formats.1763

       (C) The superintendent may operate a center for electronic, 1764
automated, or other data processing for the storage and retrieval 1765
of information, data, and statistics pertaining to criminals and 1766
to children under eighteen years of age who are adjudicated1767
delinquent children for committing an act that would be a felony 1768
or an offense of violence if committed by an adult, criminal 1769
activity, crime prevention, law enforcement, and criminal justice, 1770
and may establish and operate a statewide communications network 1771
to gather and disseminate information, data, and statistics for 1772
the use of law enforcement agencies. The superintendent may 1773
gather, store, retrieve, and disseminate information, data, and 1774
statistics that pertain to children who are under eighteen years 1775
of age and that are gathered pursuant to sections 109.57 to 109.61 1776
of the Revised Code together with information, data, and1777
statistics that pertain to adults and that are gathered pursuant 1778
to those sections. In addition to any other authorized use of 1779
information, data, and statistics of that nature, the 1780
superintendent or the superintendent's designee may provide and 1781
exchange the information, data, and statistics pursuant to the 1782
national crime prevention and privacy compact as described in 1783
division (A)(5) of this section.1784

       (D) The information and materials furnished to the1785
superintendent pursuant to division (A) of this section and1786
information and materials furnished to any board or person under1787
division (F) or (G) of this section are not public records under 1788
section 149.43 of the Revised Code.1789

       (E) The attorney general shall adopt rules, in accordance1790
with Chapter 119. of the Revised Code, setting forth the procedure 1791
by which a person may receive or release information gathered by 1792
the superintendent pursuant to division (A) of this section. A 1793
reasonable fee may be charged for this service. If a temporary 1794
employment service submits a request for a determination of 1795
whether a person the service plans to refer to an employment1796
position has been convicted of or pleaded guilty to an offense1797
listed in division (A)(1), (3), (4), (5), or (6) of section 1798
109.572 of the Revised Code, the request shall be treated as a 1799
single request and only one fee shall be charged.1800

       (F)(1) As used in division (F)(2) of this section, "head1801
start agency" means an entity in this state that has been approved 1802
to be an agency for purposes of subchapter II of the "Community 1803
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, 1804
as amended.1805

       (2)(a) In addition to or in conjunction with any request that1806
is required to be made under section 109.572, 2151.86, 3301.32,1807
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, 1808
5126.28, 5126.281, or 5153.111 or division (F) of section 3310.111809
of the Revised Code, the board of education of any school 1810
district; the director of mental retardation and developmental 1811
disabilities; any county board of mental retardation and 1812
developmental disabilities; any entity under contract with a1813
county board of mental retardation and developmental disabilities; 1814
the chief administrator of any chartered nonpublic school; the 1815
chief administrator of any registered private school; the chief 1816
administrator of any home health agency; the chief administrator 1817
of or person operating any child day-care center, type A family 1818
day-care home, or type B family day-care home licensed or 1819
certified under Chapter 5104. of the Revised Code; the 1820
administrator of any type C family day-care home certified 1821
pursuant to Section 1 of Sub. H.B. 62 of the 121st general 1822
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general 1823
assembly; the chief administrator of any head start agency; or the 1824
executive director of a public children services agency may 1825
request that the superintendent of the bureau investigate and1826
determine, with respect to any individual who has applied for1827
employment in any position after October 2, 1989, or any 1828
individual wishing to apply for employment with a board of 1829
education may request, with regard to the individual, whether the 1830
bureau has any information gathered under division (A) of this 1831
section that pertains to that individual. On receipt of the 1832
request, the superintendent shall determine whether that 1833
information exists and, upon request of the person, board, or 1834
entity requesting information, also shall request from the federal 1835
bureau of investigation any criminal records it has pertaining to 1836
that individual. The superintendent or the superintendent's 1837
designee also may request criminal history records from other 1838
states or the federal government pursuant to the national crime 1839
prevention and privacy compact set forth in section 109.571 of the 1840
Revised Code. Within thirty days of the date that the 1841
superintendent receives a request, the superintendent shall send 1842
to the board, entity, or person a report of any information that 1843
the superintendent determines exists, including information 1844
contained in records that have been sealed under section 2953.32 1845
of the Revised Code, and, within thirty days of its receipt, shall 1846
send the board, entity, or person a report of any information 1847
received from the federal bureau of investigation, other than 1848
information the dissemination of which is prohibited by federal 1849
law.1850

       (b) When a board of education or a registered private school1851
is required to receive information under this section as a 1852
prerequisite to employment of an individual pursuant to section 1853
3319.39 or division (F) of section 3310.11 of the Revised Code, it 1854
may accept a certified copy of records that were issued by the 1855
bureau of criminal identification and investigation and that are1856
presented by an individual applying for employment with the1857
district in lieu of requesting that information itself. In such a 1858
case, the board or school shall accept the certified copy issued 1859
by the bureau in order to make a photocopy of it for that 1860
individual's employment application documents and shall return the 1861
certified copy to the individual. In a case of that nature, a 1862
district or school only shall accept a certified copy of records 1863
of that nature within one year after the date of their issuance by 1864
the bureau.1865

       (3) The state board of education may request, with respect to 1866
any individual who has applied for employment after October 2,1867
1989, in any position with the state board or the department of1868
education, any information that a school district board of1869
education is authorized to request under division (F)(2) of this 1870
section, and the superintendent of the bureau shall proceed as if 1871
the request has been received from a school district board of 1872
education under division (F)(2) of this section.1873

       (4) When the superintendent of the bureau receives a request 1874
for information under section 3319.291 of the Revised Code, the 1875
superintendent shall proceed as if the request has been received 1876
from a school district board of education under division (F)(2) of 1877
this section.1878

       (5) When a recipient of an OhioReadsa classroom or community1879
reading improvement grant paid under section 3301.86 or 3301.87 of 1880
the Revised Code or an entity approved by the OhioReads council1881
requests, with respect to any individual who applies to 1882
participate in providing any program or service through an entity 1883
approved by the OhioReads council or funded in whole or in part by 1884
the grant, the information that a school district board of1885
education is authorized to request under division (F)(2)(a) of1886
this section, the superintendent of the bureau shall proceed as if 1887
the request has been received from a school district board of 1888
education under division (F)(2)(a) of this section.1889

       (G) In addition to or in conjunction with any request that is 1890
required to be made under section 173.41, 3701.881, 3712.09,1891
3721.121, or 3722.151 of the Revised Code with respect to an 1892
individual who has applied for employment in a position that 1893
involves providing direct care to an older adult, the chief1894
administrator of a PASSPORT agency that provides services through 1895
the PASSPORT program created under section 173.40 of the Revised1896
Code, home health agency, hospice care program, home licensed 1897
under Chapter 3721. of the Revised Code, adult day-care program1898
operated pursuant to rules adopted under section 3721.04 of the1899
Revised Code, or adult care facility may request that the 1900
superintendent of the bureau investigate and determine, with 1901
respect to any individual who has applied after January 27, 1997, 1902
for employment in a position that does not involve providing1903
direct care to an older adult, whether the bureau has any 1904
information gathered under division (A) of this section that 1905
pertains to that individual. On receipt of the request, the1906
superintendent shall determine whether that information exists1907
and, on request of the administrator requesting information, shall 1908
also request from the federal bureau of investigation any criminal 1909
records it has pertaining to that individual. The superintendent 1910
or the superintendent's designee also may request criminal history 1911
records from other states or the federal government pursuant to 1912
the national crime prevention and privacy compact set forth in 1913
section 109.571 of the Revised Code. Within thirty days of the 1914
date a request is received, the superintendent shall send to the 1915
administrator a report of any information determined to exist, 1916
including information contained in records that have been sealed 1917
under section 2953.32 of the Revised Code, and, within thirty days 1918
of its receipt, shall send the administrator a report of any1919
information received from the federal bureau of investigation,1920
other than information the dissemination of which is prohibited by 1921
federal law.1922

       (H) Information obtained by a board, administrator, or other 1923
person under this section is confidential and shall not be 1924
released or disseminated.1925

       (I) The superintendent may charge a reasonable fee for1926
providing information or criminal records under division (F)(2) or 1927
(G) of this section.1928

       (J) As used in this section, "registered private school" 1929
means a nonpublic school registered with the superintendent of 1930
public instruction under section 3310.11 of the Revised Code to 1931
participate in the educational choice scholarship program.1932

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 1933
section 121.08, 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 1934
5104.013, or 5153.111 of the Revised Code, a completed form 1935
prescribed pursuant to division (C)(1) of this section, and a set 1936
of fingerprint impressions obtained in the manner described in 1937
division (C)(2) of this section, the superintendent of the bureau 1938
of criminal identification and investigation shall conduct a 1939
criminal records check in the manner described in division (B) of 1940
this section to determine whether any information exists that 1941
indicates that the person who is the subject of the request 1942
previously has been convicted of or pleaded guilty to any of the 1943
following:1944

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1945
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1946
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 1947
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 1948
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 1949
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 1950
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 1951
2925.06, or 3716.11 of the Revised Code, felonious sexual 1952
penetration in violation of former section 2907.12 of the Revised 1953
Code, a violation of section 2905.04 of the Revised Code as it 1954
existed prior to July 1, 1996, a violation of section 2919.23 of 1955
the Revised Code that would have been a violation of section 1956
2905.04 of the Revised Code as it existed prior to July 1, 1996, 1957
had the violation been committed prior to that date, or a 1958
violation of section 2925.11 of the Revised Code that is not a 1959
minor drug possession offense;1960

       (b) A violation of an existing or former law of this state, 1961
any other state, or the United States that is substantially 1962
equivalent to any of the offenses listed in division (A)(1)(a) of 1963
this section.1964

       (2) On receipt of a request pursuant to section 5123.081 of 1965
the Revised Code with respect to an applicant for employment in 1966
any position with the department of mental retardation and 1967
developmental disabilities, pursuant to section 5126.28 of the 1968
Revised Code with respect to an applicant for employment in any 1969
position with a county board of mental retardation and 1970
developmental disabilities, or pursuant to section 5126.281 of the 1971
Revised Code with respect to an applicant for employment in a 1972
direct services position with an entity contracting with a county 1973
board for employment, a completed form prescribed pursuant to 1974
division (C)(1) of this section, and a set of fingerprint 1975
impressions obtained in the manner described in division (C)(2) of 1976
this section, the superintendent of the bureau of criminal 1977
identification and investigation shall conduct a criminal records 1978
check. The superintendent shall conduct the criminal records check 1979
in the manner described in division (B) of this section to 1980
determine whether any information exists that indicates that the 1981
person who is the subject of the request has been convicted of or 1982
pleaded guilty to any of the following:1983

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1984
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1985
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 1986
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 1987
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 1988
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 1989
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 1990
2925.03, or 3716.11 of the Revised Code;1991

       (b) An existing or former municipal ordinance or law of this 1992
state, any other state, or the United States that is substantially 1993
equivalent to any of the offenses listed in division (A)(2)(a) of 1994
this section.1995

       (3) On receipt of a request pursuant to section 173.41, 1996
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed 1997
form prescribed pursuant to division (C)(1) of this section, and a 1998
set of fingerprint impressions obtained in the manner described in 1999
division (C)(2) of this section, the superintendent of the bureau 2000
of criminal identification and investigation shall conduct a 2001
criminal records check with respect to any person who has applied 2002
for employment in a position that involves providing direct care 2003
to an older adult. The superintendent shall conduct the criminal 2004
records check in the manner described in division (B) of this 2005
section to determine whether any information exists that indicates 2006
that the person who is the subject of the request previously has 2007
been convicted of or pleaded guilty to any of the following:2008

       (a) A violation of section 2903.01, 2903.02, 2903.03, 2009
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2010
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2011
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2012
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2013
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2014
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2015
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2016
2925.22, 2925.23, or 3716.11 of the Revised Code;2017

       (b) An existing or former law of this state, any other state, 2018
or the United States that is substantially equivalent to any of 2019
the offenses listed in division (A)(3)(a) of this section.2020

       (4) On receipt of a request pursuant to section 3701.881 of 2021
the Revised Code with respect to an applicant for employment with 2022
a home health agency as a person responsible for the care, 2023
custody, or control of a child, a completed form prescribed 2024
pursuant to division (C)(1) of this section, and a set of 2025
fingerprint impressions obtained in the manner described in 2026
division (C)(2) of this section, the superintendent of the bureau 2027
of criminal identification and investigation shall conduct a 2028
criminal records check. The superintendent shall conduct the 2029
criminal records check in the manner described in division (B) of 2030
this section to determine whether any information exists that 2031
indicates that the person who is the subject of the request 2032
previously has been convicted of or pleaded guilty to any of the 2033
following:2034

       (a) A violation of section 2903.01, 2903.02, 2903.03, 2035
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2036
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2037
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2038
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2039
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2040
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2041
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 2042
violation of section 2925.11 of the Revised Code that is not a 2043
minor drug possession offense;2044

       (b) An existing or former law of this state, any other state, 2045
or the United States that is substantially equivalent to any of 2046
the offenses listed in division (A)(4)(a) of this section.2047

       (5) On receipt of a request pursuant to section 5111.95 or 2048
5111.96 of the Revised Code with respect to an applicant for 2049
employment with a waiver agency participating in a department of 2050
job and family services administered home and community-based 2051
waiver program or an independent provider participating in a 2052
department administered home and community-based waiver program in 2053
a position that involves providing home and community-based waiver 2054
services to consumers with disabilities, a completed form 2055
prescribed pursuant to division (C)(1) of this section, and a set 2056
of fingerprint impressions obtained in the manner described in 2057
division (C)(2) of this section, the superintendent of the bureau 2058
of criminal identification and investigation shall conduct a 2059
criminal records check. The superintendent shall conduct the 2060
criminal records check in the manner described in division (B) of 2061
this section to determine whether any information exists that 2062
indicates that the person who is the subject of the request 2063
previously has been convicted of or pleaded guilty to any of the 2064
following:2065

       (a) A violation of section 2903.01, 2903.02, 2903.03, 2066
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2067
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2068
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2069
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2070
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2071
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2072
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 2073
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2074
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the 2075
Revised Code, felonious sexual penetration in violation of former 2076
section 2907.12 of the Revised Code, a violation of section 2077
2905.04 of the Revised Code as it existed prior to July 1, 1996, a 2078
violation of section 2919.23 of the Revised Code that would have 2079
been a violation of section 2905.04 of the Revised Code as it 2080
existed prior to July 1, 1996, had the violation been committed 2081
prior to that date;2082

       (b) An existing or former law of this state, any other state, 2083
or the United States that is substantially equivalent to any of 2084
the offenses listed in division (A)(5)(a) of this section.2085

       (6) On receipt of a request pursuant to section 3701.881 of 2086
the Revised Code with respect to an applicant for employment with 2087
a home health agency in a position that involves providing direct 2088
care to an older adult, a completed form prescribed pursuant to 2089
division (C)(1) of this section, and a set of fingerprint 2090
impressions obtained in the manner described in division (C)(2) of 2091
this section, the superintendent of the bureau of criminal 2092
identification and investigation shall conduct a criminal records 2093
check. The superintendent shall conduct the criminal records check 2094
in the manner described in division (B) of this section to 2095
determine whether any information exists that indicates that the 2096
person who is the subject of the request previously has been 2097
convicted of or pleaded guilty to any of the following:2098

       (a) A violation of section 2903.01, 2903.02, 2903.03, 2099
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2100
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2101
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2102
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2103
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2104
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2105
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2106
2925.22, 2925.23, or 3716.11 of the Revised Code;2107

       (b) An existing or former law of this state, any other state, 2108
or the United States that is substantially equivalent to any of 2109
the offenses listed in division (A)(6)(a) of this section.2110

       (7) When conducting a criminal records check upon a request 2111
pursuant to section 3319.39 of the Revised Code for an applicant 2112
who is a teacher, in addition to the determination made under 2113
division (A)(1) of this section, the superintendent shall 2114
determine whether any information exists that indicates that the 2115
person who is the subject of the request previously has been 2116
convicted of or pleaded guilty to any offense specified in section 2117
3319.31 of the Revised Code.2118

       (8) On a request pursuant to section 2151.86 of the Revised 2119
Code, a completed form prescribed pursuant to division (C)(1) of 2120
this section, and a set of fingerprint impressions obtained in the 2121
manner described in division (C)(2) of this section, the 2122
superintendent of the bureau of criminal identification and 2123
investigation shall conduct a criminal records check in the manner 2124
described in division (B) of this section to determine whether any 2125
information exists that indicates that the person who is the 2126
subject of the request previously has been convicted of or pleaded 2127
guilty to any of the following:2128

       (a) A violation of section 2903.01, 2903.02, 2903.03, 2129
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2130
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2131
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2132
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2133
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2134
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2135
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a 2136
violation of section 2905.04 of the Revised Code as it existed 2137
prior to July 1, 1996, a violation of section 2919.23 of the 2138
Revised Code that would have been a violation of section 2905.04 2139
of the Revised Code as it existed prior to July 1, 1996, had the 2140
violation been committed prior to that date, a violation of 2141
section 2925.11 of the Revised Code that is not a minor drug 2142
possession offense, or felonious sexual penetration in violation 2143
of former section 2907.12 of the Revised Code;2144

       (b) A violation of an existing or former law of this state, 2145
any other state, or the United States that is substantially 2146
equivalent to any of the offenses listed in division (A)(8)(a) of 2147
this section.2148

       (9) When conducting a criminal records check on a request 2149
pursuant to section 5104.013 of the Revised Code for a person who 2150
is an owner, licensee, or administrator of a child day-care center 2151
or type A family day-care home or an authorized provider of a 2152
certified type B family day-care home, the superintendent, in 2153
addition to the determination made under division (A)(1) of this 2154
section, shall determine whether any information exists that 2155
indicates that the person has been convicted of or pleaded guilty 2156
to any of the following:2157

       (a) A violation of section 2913.02, 2913.03, 2913.04, 2158
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2159
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2160
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2161
2921.13, or 2923.01 of the Revised Code, a violation of section 2162
2923.02 or 2923.03 of the Revised Code that relates to a crime 2163
specified in this division or division (A)(1)(a) of this section, 2164
or a second violation of section 4511.19 of the Revised Code 2165
within five years of the date of application for licensure or 2166
certification.2167

       (b) A violation of an existing or former law of this state, 2168
any other state, or the United States that is substantially 2169
equivalent to any of the offenses or violations described in 2170
division (A)(9)(a) of this section.2171

       (10) Not later than thirty days after the date the 2172
superintendent receives the request, completed form, and 2173
fingerprint impressions, the superintendent shall send the person, 2174
board, or entity that made the request any information, other than 2175
information the dissemination of which is prohibited by federal 2176
law, the superintendent determines exists with respect to the 2177
person who is the subject of the request that indicates that the 2178
person previously has been convicted of or pleaded guilty to any 2179
offense listed or described in division (A)(1), (2), (3), (4), 2180
(5), (6), (7), (8), or (9) of this section, as appropriate. The 2181
superintendent shall send the person, board, or entity that made 2182
the request a copy of the list of offenses specified in division 2183
(A)(1), (2), (3), (4), (5), (6), (7), (8), or (9) of this section, 2184
as appropriate. If the request was made under section 3701.881 of 2185
the Revised Code with regard to an applicant who may be both 2186
responsible for the care, custody, or control of a child and 2187
involved in providing direct care to an older adult, the 2188
superintendent shall provide a list of the offenses specified in 2189
divisions (A)(4) and (6) of this section.2190

       (B) The superintendent shall conduct any criminal records 2191
check requested under section 121.08, 173.41, 2151.86, 3301.32, 2192
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 2193
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, 2194
or 5153.111 of the Revised Code as follows:2195

       (1) The superintendent shall review or cause to be reviewed 2196
any relevant information gathered and compiled by the bureau under 2197
division (A) of section 109.57 of the Revised Code that relates to 2198
the person who is the subject of the request, including any 2199
relevant information contained in records that have been sealed 2200
under section 2953.32 of the Revised Code;2201

       (2) If the request received by the superintendent asks for 2202
information from the federal bureau of investigation, the 2203
superintendent shall request from the federal bureau of 2204
investigation any information it has with respect to the person 2205
who is the subject of the request and shall review or cause to be 2206
reviewed any information the superintendent receives from that 2207
bureau.2208

        (3) The superintendent or the superintendent's designee may 2209
request criminal history records from other states or the federal 2210
government pursuant to the national crime prevention and privacy 2211
compact set forth in section 109.571 of the Revised Code.2212

       (C)(1) The superintendent shall prescribe a form to obtain 2213
the information necessary to conduct a criminal records check from 2214
any person for whom a criminal records check is required by 2215
section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 2216
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 2217
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the 2218
Revised Code. The form that the superintendent prescribes pursuant 2219
to this division may be in a tangible format, in an electronic 2220
format, or in both tangible and electronic formats.2221

       (2) The superintendent shall prescribe standard impression 2222
sheets to obtain the fingerprint impressions of any person for 2223
whom a criminal records check is required by section 121.08, 2224
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 2225
3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 2226
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any 2227
person for whom a records check is required by any of those 2228
sections shall obtain the fingerprint impressions at a county 2229
sheriff's office, municipal police department, or any other entity 2230
with the ability to make fingerprint impressions on the standard 2231
impression sheets prescribed by the superintendent. The office, 2232
department, or entity may charge the person a reasonable fee for 2233
making the impressions. The standard impression sheets the 2234
superintendent prescribes pursuant to this division may be in a 2235
tangible format, in an electronic format, or in both tangible and 2236
electronic formats.2237

       (3) Subject to division (D) of this section, the 2238
superintendent shall prescribe and charge a reasonable fee for 2239
providing a criminal records check requested under section 121.08, 2240
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 2241
3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 2242
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The 2243
person making a criminal records request under section 121.08, 2244
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 2245
3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 2246
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall 2247
pay the fee prescribed pursuant to this division. A person making 2248
a request under section 3701.881 of the Revised Code for a 2249
criminal records check for an applicant who may be both 2250
responsible for the care, custody, or control of a child and 2251
involved in providing direct care to an older adult shall pay one 2252
fee for the request.2253

       (4) The superintendent of the bureau of criminal 2254
identification and investigation may prescribe methods of 2255
forwarding fingerprint impressions and information necessary to 2256
conduct a criminal records check, which methods shall include, but 2257
not be limited to, an electronic method.2258

       (D) A determination whether any information exists that 2259
indicates that a person previously has been convicted of or 2260
pleaded guilty to any offense listed or described in division 2261
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or 2262
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), (A)(8)(a) or (b), 2263
or (A)(9)(a) or (b) of this section that is made by the 2264
superintendent with respect to information considered in a 2265
criminal records check in accordance with this section is valid 2266
for the person who is the subject of the criminal records check 2267
for a period of one year from the date upon which the 2268
superintendent makes the determination. During the period in which 2269
the determination in regard to a person is valid, if another 2270
request under this section is made for a criminal records check 2271
for that person, the superintendent shall provide the information 2272
that is the basis for the superintendent's initial determination 2273
at a lower fee than the fee prescribed for the initial criminal 2274
records check.2275

       (E) When the superintendent receives a request for 2276
information from a registered private school pursuant to division 2277
(F) of section 3310.11 of the Revised Code, the superintendent 2278
shall proceed as if the request has been received from a school 2279
district board of education under section 3319.39 of the Revised 2280
Code. The superintendent shall apply division (A)(7) of this 2281
section to any such request for an applicant who is a teacher.2282

       (F) As used in this section:2283

       (1) "Criminal records check" means any criminal records check 2284
conducted by the superintendent of the bureau of criminal 2285
identification and investigation in accordance with division (B) 2286
of this section.2287

       (2) "Home and community-based waiver services" and "waiver 2288
agency" have the same meanings as in section 5111.95 of the 2289
Revised Code.2290

       (3) "Independent provider" has the same meaning as in section 2291
5111.96 of the Revised Code.2292

       (4) "Minor drug possession offense" has the same meaning as 2293
in section 2925.01 of the Revised Code.2294

       (5) "Older adult" means a person age sixty or older.2295

       (6) "Registered private school" means a nonpublic school 2296
registered with the superintendent of public instruction under 2297
section 3310.11 of the Revised Code to participate in the 2298
educational choice scholarship program.2299

       Sec. 109.91.  (A) There is hereby established within the2300
office of the attorney general the crime victims assistance2301
office.2302

       (B) There is hereby established the state victims assistance 2303
advisory committee. The committee shall consist of a chairperson,2304
to be appointed by the attorney general, fourthree ex officio 2305
members, and fifteen members to be appointed by the attorney 2306
general as follows: one member who represents the Ohio2307
victim-witness association; three members who represent local2308
victim assistance programs, including one from a municipally2309
operated program and one from a county-operated program; one2310
member who represents the interests of elderly victims; one member 2311
who is a board member of any statewide or local organization that 2312
exists primarily to aid victims of domestic violence, or who is an 2313
employee of, or counselor for, such an organization; one member 2314
who is an employee or officer of a county probation department or 2315
a probation department operated by the department of 2316
rehabilitation and correction; one member who is a county 2317
prosecuting attorney; one member who is a city law director; one 2318
member who is a county sheriff; one member who is a member or 2319
officer of a township or municipal police department; one member 2320
who is a court of common pleas judge; one member who is a 2321
municipal court judge or county court judge; and two members who 2322
are private citizens and are not government employees.2323

       The committee shall include the following ex officio,2324
nonvoting members: the chief justice of the supreme court, the 2325
attorney general, one member of the senate to be designated by the2326
president of the senate, and one member of the house of2327
representatives to be designated by the speaker of the house.2328

       Members of the committee shall serve without compensation,2329
but shall be reimbursed for travel and other necessary expenses 2330
that are incurred in the conduct of their official duties as 2331
members of the committee. The chairperson and members of the 2332
committee appointed by the attorney general shall serve at the 2333
pleasure of the attorney general. The chief justice of the supreme 2334
court and the attorney general shall serve on the committee until 2335
the end of the term of office that qualified themthe attorney 2336
general for membership on the committee. The member of the senate 2337
and the member of the house of representatives shall serve at the 2338
pleasure of the president of the senate and the speaker of the 2339
house of representatives, respectively.2340

       (C) The victims assistance advisory committee shall perform2341
both of the following duties:2342

       (1) Advise the crime victims assistance office in determining 2343
crime and delinquency victim service needs, determining crime and 2344
delinquency victim policies for the state, and improving and 2345
exercising leadership in the quality of crime and delinquency 2346
victim programs in the state;2347

       (2) Review and recommend to the crime victims assistance2348
office the victim assistance programs that should be considered2349
for the receipt of state financial assistance pursuant to section2350
109.92 of the Revised Code. The financial assistance allocation2351
recommendations of the committee shall be based on the following2352
priorities:2353

       (a) Programs in existence on July 1, 1985, shall be given2354
first priority;2355

       (b) Programs offering or proposing to offer the broadest2356
range of services and referrals to the community served, including 2357
medical, psychological, financial, educational, vocational, and 2358
legal services that were not in existence on July 1, 1985, shall 2359
be given second priority;2360

       (c) Other qualified programs shall be given last priority.2361

       (D) As used in this section and section 109.92 of the Revised 2362
Code, "victim assistance program" includes, but is not limited to 2363
a program that provides at least one of the following:2364

       (1) Services to victims of any offense of violence or2365
delinquent act that would be an offense of violence if committed2366
by an adult;2367

       (2) Financial assistance or property repair services to2368
victims of crime or delinquent acts;2369

       (3) Assistance to victims of crime or delinquent acts in2370
judicial proceedings;2371

       (4) Assistance to victims of crime or delinquent acts under 2372
the operation of any political subdivision of the state or a 2373
branch of the criminal justice system set forth in division2374
(B)(1)(a), (2)(b), or (3)(c) of section 181.515502.61 of the 2375
Revised Code;2376

       (5) Technical assistance to persons or organizations that2377
provide services to victims of crime or delinquent acts under the2378
operation of a branch of the criminal justice system set forth in2379
divisionsdivision (B)(1)(a), (2)(b), and (3)or (c) of section 2380
181.515502.61 of the Revised Code.2381

       A victim assistance program does not include the program for 2382
the reparation of crime victims established pursuant to Chapter 2383
2743. of the Revised Code.2384

       Sec. 117.10.  The auditor of state shall audit all public 2385
offices as provided in this chapter. The auditor of state also may 2386
audit the accounts of private institutions, associations, boards, 2387
and corporations receiving public money for their use and may 2388
require of them annual reports in such form as the auditor of 2389
state prescribes.2390

       If the auditor of state performs or contracts for the 2391
performance of an audit, including a special audit, of the public 2392
employees retirement system, school employees retirement system, 2393
state teachers retirement system, state highway patrol retirement 2394
system, or Ohio police and fire pension fund, the auditor of state 2395
shall make a timely report of the results of the audit to the Ohio 2396
retirement study council.2397

       The auditor of state may audit the accounts of any provider 2398
as defined in section 5111.06 of the Revised Code, if requested by 2399
the department of job and family services.2400

       If a public office has been audited by an agency of the 2401
United States government, the auditor of state may, if satisfied 2402
that the federal audit has been conducted according to principles 2403
and procedures not contrary to those of the auditor of state, use 2404
and adopt the federal audit and report in lieu of an audit by the 2405
auditor of state's own office.2406

       Within thirty days after the creation or dissolution or the 2407
winding up of the affairs of any public office, that public office 2408
shall notify the auditor of state in writing that this action has 2409
occurred.2410

       Sec. 117.16. (A) The auditor of state shall do all of the2411
following:2412

       (1) Develop a force account project assessment form that each 2413
public office that undertakes force account projects shall use to 2414
estimate or report the cost of a force account project. The form 2415
shall include costs for employee salaries and benefits, any other 2416
labor costs, materials, freight, fuel, hauling, overhead expense, 2417
workers' compensation premiums, and all other items of cost and 2418
expense, including a reasonable allowance for the use of all tools 2419
and equipment used on or in connection with such work and for the 2420
depreciation on the tools and equipment.2421

       (2) Make the form available to public offices by any2422
cost-effective, convenient method accessible to the auditor of2423
state and the public offices;2424

       (3) When conducting an audit under this chapter of a public 2425
office that undertakes force account projects, examine the forms 2426
and records of a sampling of the force account projects the public 2427
office completed since an audit was last conducted, to determine 2428
compliance with its force account limits.2429

       (B) If the auditor of state receives a complaint from any 2430
person that a public office has violated the force account limits 2431
established for that office, the auditor of state may conduct an 2432
audit in addition to the audit provided in section 117.11 of the 2433
Revised Code if the auditor of state has reasonable cause to 2434
believe that an additional audit is in the public interest.2435

        (C)(1) If the auditor of state finds that a county, township, 2436
or municipal corporation violated the force account limits 2437
established for that political subdivision, the auditor of state, 2438
in addition to any other action authorized by this chapter, shall 2439
notify the political subdivision that, for a period of one year 2440
from the date of the notification, the force account limits for 2441
the subdivision are reduced as follows:2442

        (a) For a county, the limits shall be ten thousand dollars 2443
per mile for construction or reconstruction of a road and forty 2444
thousand dollars for construction, reconstruction, maintenance, or 2445
repair of a bridge or culvert;2446

        (b) For a township, the limit shall be fifteen thousand 2447
dollars for maintenance and repair of a road or five thousand per 2448
mile for construction or reconstruction of a township road;2449

        (c) For a municipal corporation, the limit shall be ten 2450
thousand dollars for the construction, reconstruction, widening, 2451
resurfacing, or repair of a street or other public way.2452

        (2) If the auditor of state finds that a county, township, or 2453
municipal corporation violated the force account limits 2454
established for that political subdivision a second or subsequent 2455
time, the auditor of state, in addition to any other action 2456
authorized by this chapter, shall notify the political subdivision 2457
that, for a period of two years from the date of the notification, 2458
the force account limits for the subdivision are reduced in 2459
accordance with division (C)(1)(a), (b), or (c) of this section.2460

       (3) If the auditor of state finds that a county, township, or 2461
municipal corporation violated the force account limits 2462
established for that political subdivision a third or subsequent 2463
time, the auditor of state shall certify to the tax commissioner 2464
an amount the auditor of state determines to be twenty per cent of 2465
the total cost of the force account project that is the basis of 2466
the violation. Upon receipt of this certification, the tax 2467
commissioner shall withhold the certified amount from any funds 2468
under the tax commissioner's control that are due or payable to 2469
that political subdivision. The tax commissioner shall promptly 2470
deposit this withheld amount to the credit of the local 2471
transportation improvement program fund created by section 164.14 2472
of the Revised Code.2473

        If the tax commissioner determines that no funds are due and 2474
payable to the violating political subdivision or that 2475
insufficient amounts of such funds are available to cover the 2476
entire certified amount, the tax commissioner shall withhold and 2477
deposit to the credit of the local transportation improvement 2478
program fund any amount available and certify the remaining amount 2479
to be withheld to the county auditor of the county in which the 2480
political subdivision is located. The county auditor shall 2481
withhold from that political subdivision any amount, up to that 2482
certified by the tax commissioner, that is available from any 2483
funds under the county auditor's control, that is due or payable 2484
to that political subdivision, and that can be lawfully withheld. 2485
The county auditor shall promptly pay that withheld amount to the 2486
tax commissioner for deposit into the local transportation 2487
improvement program fund.2488

       The payments required under division (C)(3) of this section 2489
are in addition to the force account limit reductions described in 2490
division (C)(2) of this section and also are in addition to any 2491
other action authorized by this chapter. 2492

        (D) If the auditor of state finds that a county, township, or 2493
municipal corporation violated its force account limits when 2494
participating in a joint force account project, the auditor of 2495
state shall impose the reduction in force account limits under 2496
division (C) of this section on all entities participating in the 2497
joint project.2498

        (E) As used in this section, "force account limits" means any 2499
of the following, as applicable:2500

        (1) For a county, the amounts established in section 5543.19 2501
of the Revised Code as adjusted under section 117.162 of the 2502
Revised Code;2503

        (2) For a township, the amounts established in section 2504
5575.01 of the Revised Code as adjusted under section 117.162 of 2505
the Revised Code;2506

        (3) For a municipal corporation, the amount established in 2507
section 723.52 of the Revised Code as adjusted under section 2508
117.162 of the Revised Code;2509

        (4) For the department of transportation, the amount 2510
established in section 5517.02 of the Revised Code as adjusted 2511
under section 117.162 of the Revised Code.2512

       Sec. 117.162. (A) Not later than the thirty-first day of 2513
January each year, the auditor of state shall adjust county, 2514
township, municipal, and department of transportation force 2515
account limits by the percentage increase, if any, in the consumer 2516
price index over the twelve-month period that ended on the last 2517
day of December of the immediately preceding year, rounded to the 2518
nearest one-tenth of one per cent. The auditor of state shall post 2519
the new force account limits on the auditor of state's internet 2520
site on the worldwide web before the thirty-first day of January 2521
each year. Such limits shall be effective for the following 2522
twelve-month period beginning on the first day of February.2523

        (B) As used in this section:2524

        (1) "Consumer price index" means the consumer price index 2525
prepared by the United States bureau of labor statistics (U.S. 2526
city average for urban wage earners and clerical workers: all 2527
items, 1982-1984=100), or, if that index is no longer published, a 2528
generally available comparable index.2529

        (2) "Force account limits" has the same meaning as in section 2530
117.16 of the Revised Code.2531

       Sec. 120.06.  (A)(1) The state public defender, when2532
designated by the court or requested by a county public defender2533
or joint county public defender, may provide legal representation2534
in all courts throughout the state to indigent adults and2535
juveniles who are charged with the commission of an offense or act2536
for which the penalty or any possible adjudication includes the2537
potential loss of liberty.2538

       (2) The state public defender may provide legal2539
representation to any indigent person who, while incarcerated in2540
any state correctional institution, is charged with a felony2541
offense, for which the penalty or any possible adjudication that2542
may be imposed by a court upon conviction includes the potential2543
loss of liberty.2544

       (3) The state public defender may provide legal2545
representation to any person incarcerated in any correctional2546
institution of the state, in any matter in which the person2547
asserts the person is unlawfully imprisoned or detained.2548

       (4) The state public defender, in any case in which the state2549
public defender has provided legal representation or is requested 2550
to do so by a county public defender or joint county public 2551
defender, may provide legal representation on appeal.2552

       (5) The state public defender, when designated by the court2553
or requested by a county public defender, joint county public2554
defender, or the director of rehabilitation and correction, shall2555
provide legal representation in parole and probation revocation2556
matters or matters relating to the revocation of community control2557
or post-release control under a community control sanction or2558
post-release control sanction, unless the state public defender2559
finds that the alleged parole or probation violator or alleged2560
violator of a community control sanction or post-release control2561
sanction has the financial capacity to retain the alleged2562
violator's own counsel.2563

       (6) If the state public defender contracts with a county2564
public defender commission, a joint county public defender2565
commission, or a board of county commissioners for the provision2566
of services, under authority of division (C)(7) of section 120.042567
of the Revised Code, the state public defender shall provide legal2568
representation in accordance with the contract.2569

       (B) The state public defender shall not be required to2570
prosecute any appeal, postconviction remedy, or other proceeding2571
pursuant to division (A)(3), (4), or (5) of this section, unless2572
the state public defender first is satisfied that there is2573
arguable merit to the proceeding.2574

       (C) A court may appoint counsel or allow an indigent person2575
to select the indigent's own personal counsel to assist the state2576
public defender as co-counsel when the interests of justice so2577
require. When co-counsel is appointed to assist the state public2578
defender, the co-counsel shall receive any compensation that the2579
court may approve, not to exceed the amounts provided for in2580
section 2941.51 of the Revised Code.2581

       (D)(1) When the state public defender is designated by the2582
court or requested by a county public defender or joint county2583
public defender to provide legal representation for an indigent2584
person in any case, other than pursuant to a contract entered into2585
under authority of division (C)(7) of section 120.04 of the2586
Revised Code, the state public defender shall send to the county2587
in which the case is filed an itemizeda bill for fifty per cent 2588
ofdetailing the actual cost of the representation that separately 2589
itemizes legal fees and expenses. The county, upon receipt of an 2590
itemized bill from the state public defender pursuant to this 2591
division, shall pay fifty per cent of the actual cost of the legal 2592
representation as set forth in the itemized bill.pay the state 2593
public defender each of the following amounts:2594

       (a) For the amount identified as legal fees in the itemized 2595
bill, one hundred per cent of the amount identified as legal fees 2596
less the state reimbursement rate as calculated by the state 2597
public defender pursuant to section 120.34 of the Revised Code for 2598
the month the case terminated, as set forth in the itemized bill;2599

       (b) For the amount identified as expenses in the itemized 2600
bill, one hundred per cent.2601

       (2) Upon payment of the itemized bill under division (D)(1) 2602
of this section, the county may submit the cost of the expenses, 2603
excluding legal fees, to the state public defender for 2604
reimbursement pursuant to section 120.33 of the Revised Code.2605

       (3) When the state public defender provides investigation or 2606
mitigation services to private appointed counsel or to a county or 2607
joint county public defender as approved by the appointing court, 2608
other than pursuant to a contract entered into under authority of 2609
division (C)(7) of section 120.04 of the Revised Code, the state 2610
public defender shall send to the county in which the case is 2611
filed a bill itemizing the actual cost of the services provided. 2612
The county, upon receipt of an itemized bill from the state public 2613
defender pursuant to this division, shall pay one hundred per cent 2614
of the amount as set forth in the itemized bill. Upon payment of 2615
the itemized bill received pursuant to this division, the county 2616
may submit the cost of the investigation and mitigation services 2617
to the state public defender for reimbursement pursuant to section 2618
120.33 of the Revised Code.2619

       (4) There is hereby created in the state treasury the county 2620
representation fund for the deposit of moneys received from 2621
counties under this division. All moneys credited to the fund 2622
shall be used by the state public defender to provide legal 2623
representation for indigent persons when designated by the court 2624
or requested by a county or joint county public defender or to 2625
provide investigation or mitigation services, including 2626
investigation or mitigation services to private appointed counsel 2627
or a county or joint county public defender, as approved by the 2628
court.2629

       (E)(1) Notwithstanding any contrary provision of sections2630
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code2631
that pertains to representation by the attorney general, an2632
assistant attorney general, or special counsel of an officer or2633
employee, as defined in section 109.36 of the Revised Code, or of2634
an entity of state government, the state public defender may elect2635
to contract with, and to have the state pay pursuant to division2636
(E)(2) of this section for the services of, private legal counsel2637
to represent the Ohio public defender commission, the state public2638
defender, assistant state public defenders, other employees of the2639
commission or the state public defender, and attorneys described2640
in division (C) of section 120.41 of the Revised Code in a2641
malpractice or other civil action or proceeding that arises from2642
alleged actions or omissions related to responsibilities derived2643
pursuant to this chapter, or in a civil action that is based upon2644
alleged violations of the constitution or statutes of the United2645
States, including section 1983 of Title 42 of the United States2646
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that2647
arises from alleged actions or omissions related to2648
responsibilities derived pursuant to this chapter, if the state2649
public defender determines, in good faith, that the defendant in2650
the civil action or proceeding did not act manifestly outside the2651
scope of the defendant's employment or official responsibilities,2652
with malicious purpose, in bad faith, or in a wanton or reckless2653
manner. If the state public defender elects not to contract2654
pursuant to this division for private legal counsel in a civil2655
action or proceeding, then, in accordance with sections 109.02,2656
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the2657
attorney general shall represent or provide for the representation2658
of the Ohio public defender commission, the state public defender,2659
assistant state public defenders, other employees of the2660
commission or the state public defender, or attorneys described in2661
division (C) of section 120.41 of the Revised Code in the civil2662
action or proceeding.2663

       (2)(a) Subject to division (E)(2)(b) of this section, payment 2664
from the state treasury for the services of private legal counsel 2665
with whom the state public defender has contracted pursuant to 2666
division (E)(1) of this section shall be accomplished only through 2667
the following procedure:2668

       (i) The private legal counsel shall file with the attorney2669
general a copy of the contract; a request for an award of legal2670
fees, court costs, and expenses earned or incurred in connection2671
with the defense of the Ohio public defender commission, the state2672
public defender, an assistant state public defender, an employee,2673
or an attorney in a specified civil action or proceeding; a2674
written itemization of those fees, costs, and expenses, including2675
the signature of the state public defender and the state public2676
defender's attestation that the fees, costs, and expenses were2677
earned or incurred pursuant to division (E)(1) of this section to2678
the best of the state public defender's knowledge and information;2679
a written statement whether the fees, costs, and expenses are for2680
all legal services to be rendered in connection with that defense,2681
are only for legal services rendered to the date of the request2682
and additional legal services likely will have to be provided in2683
connection with that defense, or are for the final legal services2684
rendered in connection with that defense; a written statement2685
indicating whether the private legal counsel previously submitted2686
a request for an award under division (E)(2) of this section in2687
connection with that defense and, if so, the date and the amount2688
of each award granted; and, if the fees, costs, and expenses are2689
for all legal services to be rendered in connection with that2690
defense or are for the final legal services rendered in connection2691
with that defense, a certified copy of any judgment entry in the2692
civil action or proceeding or a signed copy of any settlement2693
agreement entered into between the parties to the civil action or2694
proceeding.2695

       (ii) Upon receipt of a request for an award of legal fees,2696
court costs, and expenses and the requisite supportive2697
documentation described in division (E)(2)(a)(i) of this section,2698
the attorney general shall review the request and documentation;2699
determine whether any of the limitations specified in division2700
(E)(2)(b) of this section apply to the request; and, if an award2701
of legal fees, court costs, or expenses is permissible after2702
applying the limitations, prepare a document awarding legal fees,2703
court costs, or expenses to the private legal counsel. The2704
document shall name the private legal counsel as the recipient of2705
the award; specify the total amount of the award as determined by2706
the attorney general; itemize the portions of the award that2707
represent legal fees, court costs, and expenses; specify any2708
limitation applied pursuant to division (E)(2)(b) of this section2709
to reduce the amount of the award sought by the private legal2710
counsel; state that the award is payable from the state treasury2711
pursuant to division (E)(2)(a)(iii) of this section; and be2712
approved by the inclusion of the signatures of the attorney2713
general, the state public defender, and the private legal counsel.2714

       (iii) The attorney general shall forward a copy of the2715
document prepared pursuant to division (E)(2)(a)(ii) of this2716
section to the director of budget and management. The award of2717
legal fees, court costs, or expenses shall be paid out of the2718
state public defender's appropriations, to the extent there is a2719
sufficient available balance in those appropriations. If the state 2720
public defender does not have a sufficient available balance in 2721
the state public defender's appropriations to pay the entire award 2722
of legal fees, court costs, or expenses, the director shall make 2723
application for a transfer of appropriations out of the emergency 2724
purposes account or any other appropriation for emergencies or2725
contingencies in an amount equal to the portion of the award that 2726
exceeds the sufficient available balance in the state public2727
defender's appropriations. A transfer of appropriations out of the 2728
emergency purposes account or any other appropriation for 2729
emergencies or contingencies shall be authorized if there are 2730
sufficient moneys greater than the sum total of then pending 2731
emergency purposes account requests, or requests for releases from 2732
the other appropriation. If a transfer of appropriations out of2733
the emergency purposes account or other appropriation for 2734
emergencies or contingencies is made to pay an amount equal to the 2735
portion of the award that exceeds the sufficient available balance 2736
in the state public defender's appropriations, the director shall 2737
cause the payment to be made to the private legal counsel. If 2738
sufficient moneys do not exist in the emergency purposes account 2739
or other appropriation for emergencies or contingencies to pay an 2740
amount equal to the portion of the award that exceeds the 2741
sufficient available balance in the state public defender's 2742
appropriations, the private legal counsel shall request the 2743
general assembly to make an appropriation sufficient to pay an 2744
amount equal to the portion of the award that exceeds the 2745
sufficient available balance in the state public defender's 2746
appropriations, and no payment in that amount shall be made until 2747
the appropriation has been made. The private legal counsel shall 2748
make the request during the current biennium and during each 2749
succeeding biennium until a sufficient appropriation is made.2750

       (b) An award of legal fees, court costs, and expenses2751
pursuant to division (E) of this section is subject to the2752
following limitations:2753

       (i) The maximum award or maximum aggregate of a series of2754
awards of legal fees, court costs, and expenses to the private2755
legal counsel in connection with the defense of the Ohio public2756
defender commission, the state public defender, an assistant state2757
public defender, an employee, or an attorney in a specified civil2758
action or proceeding shall not exceed fifty thousand dollars.2759

       (ii) The private legal counsel shall not be awarded legal2760
fees, court costs, or expenses to the extent the fees, costs, or2761
expenses are covered by a policy of malpractice or other2762
insurance.2763

       (iii) The private legal counsel shall be awarded legal fees2764
and expenses only to the extent that the fees and expenses are2765
reasonable in light of the legal services rendered by the private2766
legal counsel in connection with the defense of the Ohio public2767
defender commission, the state public defender, an assistant state2768
public defender, an employee, or an attorney in a specified civil2769
action or proceeding.2770

       (c) If, pursuant to division (E)(2)(a) of this section, the2771
attorney general denies a request for an award of legal fees,2772
court costs, or expenses to private legal counsel because of the2773
application of a limitation specified in division (E)(2)(b) of2774
this section, the attorney general shall notify the private legal2775
counsel in writing of the denial and of the limitation applied.2776

       (d) If, pursuant to division (E)(2)(c) of this section, a2777
private legal counsel receives a denial of an award notification2778
or if a private legal counsel refuses to approve a document under2779
division (E)(2)(a)(ii) of this section because of the proposed2780
application of a limitation specified in division (E)(2)(b) of2781
this section, the private legal counsel may commence a civil2782
action against the attorney general in the court of claims to2783
prove the private legal counsel's entitlement to the award sought,2784
to prove that division (E)(2)(b) of this section does not prohibit2785
or otherwise limit the award sought, and to recover a judgment for2786
the amount of the award sought. A civil action under division2787
(E)(2)(d) of this section shall be commenced no later than two2788
years after receipt of a denial of award notification or, if the2789
private legal counsel refused to approve a document under division2790
(E)(2)(a)(ii) of this section because of the proposed application2791
of a limitation specified in division (E)(2)(b) of this section,2792
no later than two years after the refusal. Any judgment of the2793
court of claims in favor of the private legal counsel shall be2794
paid from the state treasury in accordance with division (E)(2)(a)2795
of this section.2796

       (F) If a court appoints the office of the state public2797
defender to represent a petitioner in a postconviction relief2798
proceeding under section 2953.21 of the Revised Code, the2799
petitioner has received a sentence of death, and the proceeding2800
relates to that sentence, all of the attorneys who represent the2801
petitioner in the proceeding pursuant to the appointment, whether2802
an assistant state public defender, the state public defender, or2803
another attorney, shall be certified under Rule 20 of the Rules of2804
Superintendence for the Courts of Ohio to represent indigent2805
defendants charged with or convicted of an offense for which the2806
death penalty can be or has been imposed.2807

       (G) As used in this section:2808

       (1) "Community control sanction" has the same meaning as in2809
section 2929.01 of the Revised Code.2810

       (2) "Post-release control sanction" has the same meaning as2811
in section 2967.01 of the Revised Code.2812

       Sec. 120.13.  (A) The county commissioners in any county may 2813
establish a county public defender commission. The commission 2814
shall have five members, three of whom shall be appointed by the 2815
board of county commissioners, and two by the judge, or the 2816
presiding judge if there is one, of the court of common pleas of 2817
the county. At least one member appointed by each of these 2818
appointing bodies shall be an attorney admitted to the practice of 2819
law in this state.2820

       (B) The board of county commissioners shall select a specific 2821
day for the county public defender commission to be established 2822
and on which all members' appointments shall take effect, and 2823
shall notify the Ohio public defender commission of the date.2824

       (C) Of the initial appointments made to the county public2825
defender commission, two appointments by the county commissioners2826
and one appointment by the court shall be for a term of two years2827
ending two years after the date the commission is established, and 2828
one appointment by each of the appointing bodies shall be for a 2829
term ending four years after the date the commission is2830
established. Thereafter, terms of office shall be for four years, 2831
each term ending on the same day of the same month of the year as 2832
did the term which it succeeds. Each member shall hold office from 2833
the date of his appointment until the end of the term for which he2834
the member was appointed. Any member appointed to fill a vacancy 2835
occurring prior to the expiration of the term for which histhe 2836
member's predecessor was appointed shall hold office for the 2837
remainder of such term. Any member shall continue in office 2838
subsequent to the expiration date of histhe member's term until 2839
hisa successor takes office, or until a period of sixty days has 2840
elapsed, whichever occurs first.2841

       (D) The members of the commission shall choose as chairman2842
chairperson one of the commission members, who shall serve as 2843
chairmanchairperson for two years. Meetings shall be held at 2844
least quarterly and at such other times as called by the chairman2845
chairperson or by request of the county public defender. Members 2846
of the commission may receive an amount fixed by the county 2847
commissioners, but not in excess of the amounts set for the 2848
members of the Ohio public defender commission pursuant to section 2849
124.14 of the Revised Code per diem for every meeting of the board 2850
they attend, and necessary expenses including mileage for each 2851
mile necessarily traveled.2852

       (E) The county commissioners may terminate the county public 2853
defender commission at any time if at least ninety days prior to 2854
termination, the commissioners notify the Ohio public defender 2855
commission in writing of the termination date. Upon the2856
termination date all pending county public defender matters shall2857
be transferred to the state public defender, a joint county public 2858
defender, or appointed counsel.2859

       (F) Fifty per cent of theThe cost of representation in all2860
matters assumed by the state public defender shall be charged to2861
the counties in accordance with division (D) of section 120.06 of2862
the Revised Code.2863

       Sec. 120.23.  (A) The boards of county commissioners in two 2864
or more adjoining or neighboring counties may form themselves into 2865
a joint board and proceed to organize a district for the2866
establishment of a joint county public defender commission. The2867
commission shall have three members from each county, who shall be 2868
appointed by the board of county commissioners of the county.2869

       (B) The boards shall agree on a specific date for the joint 2870
county public defender commission to be established, on which date 2871
the appointments of all members shall take effect. The joint board 2872
shall notify the Ohio public defender commission of the date.2873

       (C) Of the initial appointments made by each county to the2874
joint county public defender commission, one appointment shall be2875
for a term of one year ending one year after the date the2876
commission is established, one appointment shall be for a term of2877
two years ending two years after the date the commission is2878
established, and one appointment shall be for a period of three2879
years, ending three years after the date the commission is2880
established. Thereafter, terms of office shall be for three years, 2881
each term ending on the same day of the same month of the year as 2882
did the term which it succeeds. Each member shall hold office from 2883
the date of his appointment until the end of the term for which he2884
the member was appointed. Any member appointed to fill a vacancy 2885
occurring prior to the expiration of the term for which histhe 2886
member's predecessor was appointed shall hold office for the 2887
remainder of the term. Any member shall continue in office 2888
subsequent to the expiration date of histhe member's term until 2889
hisa successor takes office, or until a period of sixty days has 2890
elapsed, whichever occurs first.2891

       (D) The members of the commission shall choose as chairman2892
chairperson one of the commission members, who shall serve as 2893
chairmanchairperson for two years. Meetings shall be held at 2894
least quarterly and at such other times as called by the chairman2895
chairperson or by request of the joint county public defender. 2896
Members of the commission may receive an amount fixed by the 2897
agreement of the boards of commissioners of the counties in the 2898
district, but not in excess of the amount set for the members of 2899
the Ohio public defender commission pursuant to section 124.14 of 2900
the Revised Code per diem for every meeting of the commission they 2901
attend, and necessary expenses including mileage for each mile 2902
necessarily traveled.2903

       (E) The agreement of the boards of county commissioners2904
establishing the joint county public defender commission shall2905
provide for the allocation of the proportion of expenses to be2906
paid by each county, which may be based upon population, number of 2907
cases, or such other factors as the commissioners determine to be 2908
appropriate. The county commissioners may amend their agreement 2909
from time to time to provide for a different allocation of the 2910
proportion of expenses to be paid by each county.2911

       (F) The county auditor of the county, with the greatest2912
population is hereby designated as the fiscal officer of a joint2913
county public defender district organized under this section. The 2914
county auditors of the several counties composing the joint county 2915
public defender commission district shall meet at the commission 2916
office not less than once in each six months, to adjust accounts 2917
and to transact such other duties in connection with the 2918
commission as pertain to the business of their office.2919

       (G) Each member of the board of county commissioners who2920
meets by appointment to consider the organization of a joint2921
county public defender commission shall, upon presentation of2922
properly certified accounts, be paid histhe member's necessary2923
expenses upon a warrant drawn by the county auditor of histhe 2924
member's county.2925

       (H) The board of county commissioners of any county within a 2926
joint county public defender commission district may withdraw from 2927
the district. Such withdrawal shall not be effective until at 2928
least ninety days after the board has notified the Ohio public2929
defender commission, the joint county public defender commission2930
of the district, and each board of county commissioners in the2931
district, in writing of the termination date. The failure of a2932
board of county commissioners to approve an annual operating2933
budget for the office of the joint county public defender as2934
provided in division (C)(1) of section 120.24 of the Revised Code2935
constitutes a notice of withdrawal by the county from the2936
district, effective on the ninetieth day after commencement of the 2937
next fiscal year. Upon the termination date, all joint county 2938
public defender matters relating to the withdrawing county shall 2939
be transferred to the state public defender, a county public 2940
defender, or appointed counsel.2941

       (I) Fifty per cent of theThe cost of representation in all2942
matters assumed by the state public defender shall be charged to2943
the counties in accordance with division (D) of section 120.06 of2944
the Revised Code.2945

       Members of the joint county public defender commission who2946
are residents of a county withdrawing from such district are2947
deemed to have resigned their positions upon the completion of the 2948
withdrawal procedure provided by this section. Vacancies thus 2949
created shall not be filled.2950

       If two or more counties remain within the district after the 2951
withdrawal, the boards of county commissioners of the remaining 2952
adjoining or neighboring counties may agree to continue the 2953
operation of the joint county public defender commission and to 2954
reallocate the proportionate share of expenses to be paid by each 2955
participating county.2956

       Sec. 120.36. (A) If a person who is a defendant in a criminal 2957
case requests or is provided a state public defender, a county or 2958
joint county public defender, or any other counsel appointed by 2959
the court, the court in which the criminal case is filed shall 2960
assess, unless the application fee is waived or reduced, a 2961
non-refundable application fee of twenty-five dollars.2962

        The court shall direct the person to pay the application fee 2963
to the clerk of court. The person shall pay the application fee at 2964
the time the person files an affidavit of indigency or a financial 2965
disclosure form with the court or within seven days of that date. 2966
If the person does not pay the application fee within that 2967
seven-day period, the court shall assess the application fee at 2968
sentencing or at the final disposition of the case.2969

        The court shall assess an application fee pursuant to this 2970
section one time per case. It may waive or reduce the fee upon a 2971
finding that the person lacks financial resources that are 2972
sufficient to pay the fee.2973

        (B) No court, state public defender, or county or joint 2974
county public defender shall deny a person the assistance of 2975
counsel solely due to the person's failure to pay the application 2976
fee assessed pursuant to division (A) of this section. A person's 2977
present inability, failure, or refusal to pay the application fee 2978
shall not disqualify that person from legal representation.2979

        (C) The application fee assessed pursuant to division (A) of 2980
this section is separate from and in addition to any other amount 2981
assessed against a person who is found to be able to contribute 2982
toward the cost of the person's legal representation pursuant to 2983
division (D) of section 2941.51 of the Revised Code.2984

        (D) The clerk of court shall forward all application fees 2985
collected pursuant to this section to the county treasurer for 2986
deposit in the county treasury. The county shall retain eighty per 2987
cent of the application fees so collected to offset the costs of 2988
providing legal representation to indigent persons. Each month, 2989
the county auditor shall remit twenty per cent of the application 2990
fees so collected to the state public defender. The state public 2991
defender shall deposit the remitted fees into the state treasury 2992
to the credit of the client payment fund created pursuant to 2993
division (B)(5) of section 120.04 of the Revised Code. The state 2994
public defender may use that money in accordance with that 2995
section.2996

        (E) On or before the first day of March of each year, each 2997
clerk of court shall provide to the state public defender and the 2998
state auditor a report including all of the following:2999

        (1) The number of persons who requested or were provided a 3000
state public defender, county or joint county public defender, or 3001
other counsel appointed by the court;3002

        (2) The number of persons for whom the court waived the 3003
application fee pursuant to division (A) of this section;3004

        (3) The dollar value of the assessed application fees 3005
pursuant to division (A) of this section in the previous year;3006

        (4) The amount of assessed application fees collected in the 3007
previous year;3008

        (5) The balance of unpaid assessed application fees at the 3009
open and close of the previous year.3010

       (F) As used in this section:3011

        (1) "Clerk of court" means the clerk of the court of common 3012
pleas of the county, the clerk of the juvenile court of the 3013
county, the clerk of a municipal court in the county, the clerk of 3014
a county-operated municipal court, or the clerk of a county court 3015
in the county, whichever is applicable.3016

        (2) "County-operated municipal court" has the same meaning as 3017
in section 1901.03 of the Revised Code.3018

       Sec. 120.52.  There is hereby established in the state3019
treasury the legal aid fund, which shall be for the charitable3020
public purpose of providing financial assistance to legal aid3021
societies that provide civil legal services to indigents. The fund 3022
shall contain all funds credited to it by the treasurer of state 3023
pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.093024
and 4705.10 of the Revised Code and income from investment 3025
credited to it by the treasurer of state in accordance with this 3026
section.3027

       The treasurer of state may invest moneys contained in the3028
legal aid fund in any manner authorized by the Revised Code for3029
the investment of state moneys. However, no such investment shall 3030
interfere with any apportionment, allocation, or payment of moneys 3031
in January and July of each calendar year, as required by section 3032
120.53 of the Revised Code. All income earned as a result of any 3033
such investment shall be credited to the fund.3034

       The state public defender, through the Ohio legal assistance 3035
foundation, shall administer the payment of moneys out of the 3036
fund. Four and one-half per cent of the moneys in the fund shall 3037
be reserved for the actual, reasonable costs of administering 3038
sections 120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201, 3039
3953.231, 4705.09, and 4705.10 of the Revised Code. Moneys that 3040
are reserved for administrative costs but that are not used for 3041
actual, reasonable administrative costs shall be set aside for use 3042
in the manner described in division (A) of section 120.521 of the 3043
Revised Code. The remainder of the moneys in the legal aid fund3044
shall be distributed in accordance with section 120.53 of the 3045
Revised Code. The Ohio legal assistance foundation shall establish 3046
rules governing the administration of the legal aid fund, 3047
including the programprograms established under sections 1901.26, 3048
1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised 3049
Code regarding interest on interest-bearing trust accounts of an3050
attorney, law firm, or legal professional association.3051

       Sec. 120.53.  (A) A legal aid society that operates within3052
the state may apply to the Ohio legal assistance foundation for3053
financial assistance from the legal aid fund established by3054
section 120.52 of the Revised Code to be used for the funding of3055
the society during the calendar year following the calendar year3056
in which application is made.3057

       (B) An application for financial assistance made under3058
division (A) of this section shall be submitted by the first day3059
of November of the calendar year preceding the calendar year for3060
which financial assistance is desired and shall include all of the 3061
following:3062

       (1) Evidence that the applicant is incorporated in this state 3063
as a nonprofit corporation;3064

       (2) A list of the trustees of the applicant;3065

       (3) The proposed budget of the applicant for these funds for 3066
the following calendar year;3067

       (4) A summary of the services to be offered by the applicant 3068
in the following calendar year;3069

       (5) A specific description of the territory or constituency 3070
served by the applicant;3071

       (6) An estimate of the number of persons to be served by the 3072
applicant during the following calendar year;3073

       (7) A general description of the additional sources of the3074
applicant's funding;3075

       (8) The amount of the applicant's total budget for the3076
calendar year in which the application is filed that it will3077
expend in that calendar year for legal services in each of the3078
counties it serves;3079

       (9) A specific description of any services, programs,3080
training, and legal technical assistance to be delivered by the3081
applicant or by another person pursuant to a contract with the3082
applicant, including, but not limited to, by private attorneys or3083
through reduced fee plans, judicare panels, organized pro bono3084
programs, and mediation programs.3085

       (C) The Ohio legal assistance foundation shall determine3086
whether each applicant that filed an application for financial3087
assistance under division (A) of this section in a calendar year3088
is eligible for financial assistance under this section. To be3089
eligible for such financial assistance, an applicant shall satisfy 3090
the criteria for being a legal aid society and shall be in 3091
compliance with the provisions of sections 120.51 to 120.55 of the 3092
Revised Code and with the rules and requirements the foundation 3093
establishes pursuant to section 120.52 of the Revised Code. The 3094
Ohio legal assistance foundation then, on or before the fifteenth 3095
day of December of the calendar year in which the application is3096
filed, shall notify each such applicant, in writing, whether it is 3097
eligible for financial assistance under this section, and if it is 3098
eligible, estimate the amount that will be available for that 3099
applicant for each six-month distribution period, as determined 3100
under division (D) of this section.3101

       (D) The Ohio legal assistance foundation shall allocate3102
moneys contained in the legal aid fund twice each year for3103
distribution to applicants that filed their applications in the3104
previous calendar year and were determined to be eligible3105
applicants.3106

       All moneys contained in the fund on the first day of January 3107
of a calendar year shall be allocated, after deduction of the 3108
costs of administering sections 120.51 to 120.55 and sections3109
1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the 3110
Revised Code that are authorized by section 120.52 of the Revised 3111
Code, according to this section and shall be distributed 3112
accordingly on the thirty-first day of January of that calendar 3113
year, and all moneys contained in the fund on the first day of 3114
July of that calendar year shall be allocated, after deduction of 3115
the costs of administering those sections that are authorized by 3116
section 120.52 of the Revised Code, according to this section and 3117
shall be distributed accordingly on the thirty-first day of July 3118
of that calendar year. In making the allocations under this 3119
section, the moneys in the fund that were generated pursuant to 3120
sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 3121
4705.10 of the Revised Code and all income generated from the 3122
investment of such moneys shall be apportioned as follows:3123

       (1) After deduction of the amount authorized and used for3124
actual, reasonable administrative costs under section 120.52 of3125
the Revised Code:3126

       (a) Five per cent of the moneys remaining in the fund, plus 3127
any moneys reserved for administrative costs under that section 3128
that are not used for actual, reasonable administrative costs,3129
shall be reserved for use in the manner described in division (A) 3130
of section 120.521 of the Revised Code or for distribution to 3131
legal aid societies that provide assistance to special population 3132
groups of their eligible clients, engage in special projects that 3133
have a substantial impact on their local service area or on 3134
significant segments of the state's poverty population, or provide 3135
legal training or support to other legal aid societies in the 3136
state;3137

       (b) After deduction of the amount described in division3138
(D)(1)(a) of this section, one and three-quarters per cent of the3139
moneys remaining in the fund shall be apportioned among entities3140
that received financial assistance from the legal aid fund prior3141
to the effective date of this amendment but that, on and after the 3142
effective date of this amendment, no longer qualify as a legal aid 3143
society that is eligible for financial assistance under this 3144
section.3145

       (c) After deduction of the amounts described in divisions 3146
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys 3147
remaining in the fund shall be placed in the legal assistance 3148
foundation fund for use in the manner described in division (A) of 3149
section 120.521 of the Revised Code.3150

       (2) After deduction of the actual, reasonable administrative 3151
costs under section 120.52 of the Revised Code and after deduction 3152
of the amounts identified in divisiondivisions (D)(1)(a) and,3153
(b), and (c) of this section, the remaining moneys shall be3154
apportioned among the counties that are served by eligible legal3155
aid societies that have applied for financial assistance under3156
this section so that each such county is apportioned a portion of3157
those moneys, based upon the ratio of the number of indigents who3158
reside in that county to the total number of indigents who reside3159
in all counties of this state that are served by eligible legal3160
aid societies that have applied for financial assistance under3161
this section. Subject to division (E) of this section, the moneys 3162
apportioned to a county under this division then shall be3163
allocated to the eligible legal aid society that serves the county 3164
and that has applied for financial assistance under this section. 3165
For purposes of this division, the source of data identifying the 3166
number of indigent persons who reside in a county shall be the 3167
most recent decennial census figures from the United States 3168
department of commerce, division of census.3169

       (E) If the Ohio legal assistance foundation, in attempting to 3170
make an allocation of moneys under division (D)(2) of this3171
section, determines that a county that has been apportioned money3172
under that division is served by more than one eligible legal aid3173
society that has applied for financial assistance under this3174
section, the Ohio legal assistance foundation shall allocate the3175
moneys that have been apportioned to that county under division3176
(D)(2) of this section among all eligible legal aid societies that 3177
serve that county and that have applied for financial assistance 3178
under this section on a pro rata basis, so that each such eligible 3179
society is allocated a portion based upon the amount of its total 3180
budget expended in the prior calendar year for legal services in 3181
that county as compared to the total amount expended in the prior 3182
calendar year for legal services in that county by all eligible 3183
legal aid societies that serve that county and that have applied 3184
for financial assistance under this section.3185

       (F) Moneys allocated to eligible applicants under this3186
section shall be paid twice annually, on the thirty-first day of3187
January and on the thirty-first day of July of the calendar year3188
following the calendar year in which the application is filed.3189

       (G)(1) A legal aid society that receives financial assistance 3190
in any calendar year under this section shall file an annual 3191
report with the Ohio legal assistance foundation detailing the 3192
number and types of cases handled, and the amount and types of 3193
legal training, legal technical assistance, and other service3194
provided, by means of that financial assistance. No information3195
contained in the report shall identify or enable the3196
identification of any person served by the legal aid society or in 3197
any way breach client confidentiality.3198

       (2) The Ohio legal assistance foundation shall make an annual 3199
report to the governor, the general assembly, and the supreme 3200
court on the distribution and use of the legal aid fund. The3201
foundation also shall include in the annual report an audited 3202
financial statement of all gifts, bequests, donations, 3203
contributions, and other moneys the foundation receives. No 3204
information contained in the report shall identify or enable the 3205
identification of any person served by a legal aid society, or in 3206
any way breach confidentiality.3207

       (H) A legal aid society may enter into agreements for the3208
provision of services, programs, training, or legal technical3209
assistance for the legal aid society or to indigent persons.3210

       Sec. 121.37.  (A)(1) There is hereby created the Ohio family3211
and children first cabinet council. The council shall be composed3212
of the superintendent of public instruction and the directors of3213
youth services, job and family services, mental health, health,3214
alcohol and drug addiction services, mental retardation and3215
developmental disabilities, and budget and management. The3216
chairperson of the council shall be the governor or the governor's3217
designee and shall establish procedures for the council's internal3218
control and management.3219

       (2) The purpose of the cabinet council is to help families3220
seeking government services. This section shall not be interpreted 3221
or applied to usurp the role of parents, but solely to streamline 3222
and coordinate existing government services for families seeking 3223
assistance for their children.3224

       In seeking to fulfill its purpose, the council may do any of3225
the following:3226

       (a) Advise and make recommendations to the governor and3227
general assembly regarding the provision of services to children;3228

       (b) Advise and assess local governments on the coordination3229
of service delivery to children;3230

       (c) Hold meetings at such times and places as may be3231
prescribed by the council's procedures and maintain records of the3232
meetings, except that records identifying individual children are3233
confidential and shall be disclosed only as provided by law;3234

       (d) Develop programs and projects, including pilot projects,3235
to encourage coordinated efforts at the state and local level to3236
improve the state's social service delivery system;3237

       (e) Enter into contracts with and administer grants to county 3238
family and children first councils, as well as other county or3239
multicounty organizations to plan and coordinate service delivery3240
between state agencies and local service providers for families3241
and children;3242

       (f) Enter into contracts with and apply for grants from3243
federal agencies or private organizations;3244

       (g) Enter into interagency agreements to encourage3245
coordinated efforts at the state and local level to improve the3246
state's social service delivery system. The agreements may include 3247
provisions regarding the receipt, transfer, and expenditure of 3248
funds;3249

       (h) Identify public and private funding sources for services3250
provided to alleged or adjudicated unruly children and children3251
who are at risk of being alleged or adjudicated unruly children,3252
including regulations governing access to and use of the services;3253

       (i) Collect information provided by local communities3254
regarding successful programs for prevention, intervention, and3255
treatment of unruly behavior, including evaluations of the3256
programs;3257

       (j) Identify and disseminate publications regarding alleged3258
or adjudicated unruly children and children who are at risk of3259
being alleged or adjudicated unruly children and regarding3260
programs serving those types of children;3261

       (k) Maintain an inventory of strategic planning facilitators3262
for use by government or nonprofit entities that serve alleged or3263
adjudicated unruly children or children who are at risk of being3264
alleged or adjudicated unruly children.3265

       (3) The cabinet council shall provide for the following:3266

       (a) Reviews of service and treatment plans for children for3267
which such reviews are requested;3268

       (b) Assistance as the council determines to be necessary to3269
meet the needs of children referred by county family and children3270
first councils;3271

       (c) Monitoring and supervision of a statewide, comprehensive, 3272
coordinated, multi-disciplinary, interagency system for infants 3273
and toddlers with developmental disabilities or delays and their 3274
families, as established pursuant to federal grants received and 3275
administered by the department of health for early intervention 3276
services under the "Education of the Handicapped Act Amendments of 3277
1986," 100 Stat. 1145 (1986), 20 U.S.C.A. 1471, as amended.3278

       (B)(1) Each board of county commissioners shall establish a3279
county family and children first council. The board may invite any 3280
local public or private agency or group that funds, advocates, or 3281
provides services to children and families to have a3282
representative become a permanent or temporary member of its3283
county council. Each county council must include the following3284
individuals:3285

       (a) At least three individuals who do not have an immediate 3286
family member who is employed by an agency represented on the 3287
council and whose families are or have received services from an 3288
agency represented on the council or another county's council. 3289
Where possible, the number of members representing families shall 3290
be equal to twenty per cent of the council's membership.3291

       (b) The director of the board of alcohol, drug addiction, and 3292
mental health services that serves the county, or, in the case of 3293
a county that has a board of alcohol and drug addiction services 3294
and a community mental health board, the directors of both boards. 3295
If a board of alcohol, drug addiction, and mental health services 3296
covers more than one county, the director may designate a person 3297
to participate on the county's council.;3298

       (c) The health commissioner, or the commissioner's designee,3299
of the board of health of each city and general health district in3300
the county. If the county has two or more health districts, the3301
health commissioner membership may be limited to the commissioners3302
of the two districts with the largest populations.3303

       (d) The director of the county department of job and family3304
services;3305

       (e) The executive director of the county agency responsible3306
for the administration ofpublic children services pursuant to 3307
section 5153.15 of the Revised Codeagency;3308

       (f) The superintendent of the county board of mental3309
retardation and developmental disabilities;3310

       (g) The county's juvenile court judge senior in service or3311
another judge of the juvenile court designated by the3312
administrative judge or, where there is no administrative judge,3313
by the judge senior in service;3314

       (h) The superintendent of the city, exempted village, or3315
local school district with the largest number of pupils residing3316
in the county, as determined by the department of education, which3317
shall notify each board of county commissioners of its3318
determination at least biennially;3319

       (i) A school superintendent representing all other school3320
districts with territory in the county, as designated at a3321
biennial meeting of the superintendents of those districts;3322

       (j) A representative of the municipal corporation with the3323
largest population in the county;3324

       (k) The president of the board of county commissioners, or an 3325
individual designated by the board;3326

       (l) A representative of the regional office of the department 3327
of youth services;3328

       (m) A representative of the county's head start agencies, as3329
defined in section 3301.313301.32 of the Revised Code;3330

       (n) A representative of the county's early intervention3331
collaborative established pursuant to the federal early3332
intervention program operated under the "Education of the3333
Handicapped Act Amendments of 1986";3334

       (o) A representative of a local nonprofit entity that funds,3335
advocates, or provides services to children and families.3336

       Each member of a county council specified in division 3337
(B)(1)(b) to (n) of this section may designate an individual to 3338
serve on the county council for the member, except that a board of 3339
county commissioners, rather than the president of the board, may 3340
designate an individual to serve on the county council for the 3341
president.3342

       Notwithstanding any other provision of law, the public3343
members of a county council are not prohibited from serving on the3344
council and making decisions regarding the duties of the council,3345
including those involving the funding of joint projects and those3346
outlined in the county's service coordination mechanism3347
implemented pursuant to division (C) of this section.3348

       The cabinet council shall establish a state appeals process3349
to resolve disputes among the members of a county council3350
concerning whether reasonable responsibilities as members are3351
being shared. The appeals process may be accessed only by a3352
majority vote of the council members who are required to serve on3353
the council. Upon appeal, the cabinet council may order that state3354
funds for services to children and families be redirected to a 3355
county's board of county commissioners.3356

       (2) A county council shall provide for the following:3357

       (a) Referrals to the cabinet council of those children for3358
whom the county council cannot provide adequate services;3359

       (b) Development and implementation of a process that annually 3360
evaluates and prioritizes services, fills service gaps where 3361
possible, and invents new approaches to achieve better results for 3362
families and children;3363

       (c) Participation in the development of a countywide,3364
comprehensive, coordinated, multi-disciplinary, interagency system3365
for infants and toddlers with developmental disabilities or delays3366
and their families, as established pursuant to federal grants3367
received and administered by the department of health for early3368
intervention services under the "Education of the Handicapped Act3369
Amendments of 1986";3370

       (d) Maintenance of an accountability system to monitor the3371
county council's progress in achieving results for families and3372
children;3373

       (e) Establishment of a mechanism to ensure ongoing input from 3374
a broad representation of families who are receiving services3375
within the county system.3376

       (3)(a) Except as provided in division (B)(3)(b) of this3377
section, a county council shall comply with the policies,3378
procedures, and activities prescribed by the rules or interagency3379
agreements of a state department participating on the cabinet3380
council whenever the county council performs a function subject to3381
those rules or agreements.3382

       (b) On application of a county council, the cabinet council3383
may grant an exemption from any rules or interagency agreements of3384
a state department participating on the council if an exemption is3385
necessary for the council to implement an alternative program or3386
approach for service delivery to families and children. The3387
application shall describe the proposed program or approach and3388
specify the rules or interagency agreements from which an3389
exemption is necessary. The cabinet council shall approve or3390
disapprove the application in accordance with standards and3391
procedures it shall adopt. If an application is approved, the3392
exemption is effective only while the program or approach is being3393
implemented, including a reasonable period during which the3394
program or approach is being evaluated for effectiveness.3395

       (4)(a) Each county council shall designate an administrative3396
agent for the council from among the following public entities:3397
the board of alcohol, drug addiction, and mental health services,3398
including a board of alcohol and drug addiction or a community3399
mental health board if the county is served by separate boards;3400
the board of county commissioners; any board of health of the3401
county's city and general health districts; the county department3402
of job and family services; the county agency responsible for the3403
administration of children services pursuant to section 5153.15 of3404
the Revised Code; the county board of mental retardation and3405
developmental disabilities; any of the county's boards of3406
education or governing boards of educational service centers; or3407
the county's juvenile court. Any of the foregoing public entities, 3408
other than the board of county commissioners, may decline to serve3409
as the council's administrative agent.3410

       A county council's administrative agent shall serve as the3411
council's appointing authority for any employees of the council.3412
The council shall file an annual budget with its administrative3413
agent, with copies filed with the county auditor and with the3414
board of county commissioners, unless the board is serving as the3415
council's administrative agent. The council's administrative agent 3416
shall ensure that all expenditures are handled in accordance with 3417
policies, procedures, and activities prescribed by state3418
departments in rules or interagency agreements that are applicable3419
to the council's functions.3420

       The administrative agent for a county council may do any of3421
the following on behalf of the council:3422

       (i) Enter into agreements or administer contracts with public 3423
or private entities to fulfill specific council business. Such 3424
agreements and contracts are exempt from the competitive bidding 3425
requirements of section 307.86 of the Revised Code if they have 3426
been approved by the county council and they are for the purchase 3427
of family and child welfare or child protection services or other 3428
social or job and family services for families and children. The 3429
approval of the county council is not required to exempt 3430
agreements or contracts entered into under section 5139.34,3431
5139.41, or 5139.43 of the Revised Code from the competitive3432
bidding requirements of section 307.86 of the Revised Code.3433

       (ii) As determined by the council, provide financial3434
stipends, reimbursements, or both, to family representatives for3435
expenses related to council activity;3436

       (iii) Receive by gift, grant, devise, or bequest any moneys,3437
lands, or other property for the purposes for which the council is3438
established. The agent shall hold, apply, and dispose of the3439
moneys, lands, or other property according to the terms of the3440
gift, grant, devise, or bequest. Any interest or earnings shall be 3441
treated in the same manner and are subject to the same terms as3442
the gift, grant, devise, or bequest from which it accrues.3443

       (b)(i) If the county council designates the board of county3444
commissioners as its administrative agent, the board may, by3445
resolution, delegate any of its powers and duties as3446
administrative agent to an executive committee the board3447
establishes from the membership of the county council. The board3448
shall name to the executive committee at least the individuals3449
described in divisions (B)(1)(b) through (h)(a) to (i) of this 3450
section and may appoint the president of the board or another 3451
individual as the chair of the executive committee.3452

       (ii) The executive committee may, with the approval of the3453
board, hire an executive director to assist the county council in3454
administering its powers and duties. The executive director shall3455
serve in the unclassified civil service at the pleasure of the3456
executive committee. The executive director may, with the approval 3457
of the executive committee, hire other employees as necessary to 3458
properly conduct the county council's business.3459

       (iii) The board may require the executive committee to submit 3460
an annual budget to the board for approval and may amend or repeal 3461
the resolution that delegated to the executive committee its 3462
authority as the county council's administrative agent.3463

       (5) Two or more county councils may enter into an agreement3464
to administer their county councils jointly by creating a regional3465
family and children first council. A regional council possesses3466
the same duties and authority possessed by a county council,3467
except that the duties and authority apply regionally rather than3468
to individual counties. Prior to entering into an agreement to3469
create a regional council, the members of each county council to3470
be part of the regional council shall meet to determine whether3471
all or part of the members of each county council will serve as3472
members of the regional council.3473

       (6) A board of county commissioners may approve a resolution3474
by a majority vote of the board's members that requires the county3475
council to submit a statement to the board each time the council3476
proposes to enter into an agreement, adopt a plan, or make a3477
decision, other than a decision pursuant to section 121.38 of the3478
Revised Code, that requires the expenditure of funds for two or3479
more families. The statement shall describe the proposed3480
agreement, plan, or decision.3481

       Not later than fifteen days after the board receives the3482
statement, it shall, by resolution approved by a majority of its3483
members, approve or disapprove the agreement, plan, or decision.3484
Failure of the board to pass a resolution during that time period3485
shall be considered approval of the agreement, plan, or decision.3486

       An agreement, plan, or decision for which a statement is3487
required to be submitted to the board shall be implemented only if3488
it is approved by the board.3489

       (C) Each county shall develop a county service coordination3490
mechanism. The mechanism shall be developed and approved with the3491
participation of the county entities representing child welfare;3492
mental retardation and developmental disabilities; alcohol, drug3493
addiction, and mental health services; health; juvenile judges;3494
education; the county family and children first council; and the3495
county early intervention collaborative established pursuant to3496
the federal early intervention program operated under the3497
"Education of the Handicapped Act Amendments of 1986." The county3498
shall establish an implementation schedule for the mechanism. The3499
cabinet council may monitor the implementation and administration3500
of each county's service coordination mechanism.3501

       Each mechanism shall include all of the following:3502

       (1) A procedure for assessing the needs of any child,3503
including a child who is an abused, neglected, dependent, unruly,3504
or delinquent child and under the jurisdiction of the juvenile3505
court or a child whose parent or custodian is voluntarily seeking3506
servicesa family seeking service coordination for the family's 3507
child to refer itself to the county council for coordination in 3508
accordance with the county service coordination mechanism;3509

       (2) A procedure for an agency, including a juvenile court, to 3510
refer a child and family to the county council for coordination in 3511
accordance with the county service coordination mechanism;3512

        (3) A procedure that does one of the following:3513

        (a) Permits a family to be involved in the service 3514
coordination mechanism by being notified of and invited to all 3515
meetings involved in the mechanism;3516

        (b) Permits a family to initiate a meeting to develop or 3517
review the family's service coordination plan and allows the 3518
family to invite a family advocate, mentor, or support person of 3519
the family's choice to any such meeting.3520

        (4) A procedure for notifying and inviting to all meetings 3521
appropriate staff from involved agencies, including a 3522
representative from the appropriate school district;3523

        (5) A procedure for ensuring that a service coordination 3524
meeting is conducted before a non-emergency out-of-home placement 3525
or long-term placement is made and that, in situations involving 3526
an emergency out-of-home placement, a service coordination meeting 3527
is conducted within ten days of the placement.3528

        (6) A procedure for monitoring the progress and tracking the 3529
outcomes of each service coordination plan requested in the county 3530
including monitoring and tracking children in out-of-home 3531
placements to assure continued progress, appropriateness of 3532
placement, and continuity of care after discharge from placement 3533
with appropriate arrangements for housing, treatment, and 3534
education.3535

        (7) A procedure for protecting the confidentiality of all 3536
personal family information disclosed during service coordination 3537
meetings or contained in the comprehensive family service 3538
coordination plan.3539

        (8) A procedure for assessing the service needs and strengths3540
of the family of any child or family that has been referred to the 3541
council for service coordination, including a child who is an 3542
abused, neglected, dependent, unruly, or delinquent child and 3543
under the jurisdiction of the juvenile court or a child whose 3544
parent or custodian is voluntarily seeking services, and for 3545
ensuring that parents and custodians are afforded the opportunity 3546
to participate;3547

       (3)(9) A procedure for development of a comprehensive joint3548
family service coordination plan described in division (D) of this 3549
section;3550

       (4)(10) A local dispute resolution process to serve as the3551
process that must be used first to resolve disputes among the3552
agencies represented on the county council concerning the3553
provision of services to children, including children who are3554
abused, neglected, dependent, unruly, alleged unruly, or3555
delinquent children and under the jurisdiction of the juvenile3556
court and children whose parents or custodians are voluntarily3557
seeking services. The local dispute resolution process shall3558
comply with section 121.38 of the Revised Code. The local dispute 3559
resolution process may also be used for disputes between an agency 3560
and a child's parents or custodian. In that case it shall comply 3561
with sections 121.381 and 121.382 of the Revised Code, as well as 3562
section 121.38 of the Revised Code.The3563

       The cabinet council shall adopt rules in accordance with 3564
Chapter 119. of the Revised Code establishing an administrative3565
review process to address problems that arise concerning the 3566
operation of a local dispute resolution process.3567

        Nothing in division (C)(5) of this section shall be 3568
interpreted as overriding or affecting decisions of a juvenile 3569
court regarding an out-of-home placement, long-term placement, or 3570
emergency out-of-home placement.3571

       (D) Each county shall develop a comprehensive jointfamily3572
service coordination plan that does bothall of the following:3573

       (1) Designates service responsibilities among the various3574
state and local agencies that provide services to children and3575
their families, including children who are abused, neglected,3576
dependent, unruly, or delinquent children and under the3577
jurisdiction of the juvenile court and children whose parents or3578
custodians are voluntarily seeking services;3579

       (2) Designates the lead family plan coordinator, approved by 3580
the family, to ensure the coordination of and fidelity to the 3581
plan;3582

        (3) Ensures that assistance and services to be provided are 3583
responsive to the strengths and needs of the family, as well as 3584
the family's culture, race, and ethnic group, by allowing the 3585
family to offer information and suggestions and participate in 3586
decisions;3587

        (4) Ensures that assistance and services provided meet the 3588
needs of the child and family in the least restrictive 3589
environment;3590

        (5) Includes a service coordination process for dealing with3591
a child who is alleged to be an unruly child. The service3592
coordination process shall include methods to divert the child3593
from the juvenile court system;3594

       (6) Includes timelines for completion of goals specified in 3595
the plan with regular reviews scheduled to monitor progress toward 3596
those goals;3597

        (7) Includes a plan for dealing with short-term crisis 3598
situations and safety concerns.3599

       (E)(1) The service coordination process provided for under3600
division (D)(2)(5) of this section may include, but is not limited3601
to, the following:3602

       (a) An assessment of the needs and strengths of the child and 3603
the child's family and the services the child and the child's3604
family need;3605

       (b) Designation of the person or agency to conduct the3606
assessment of the child and the child's family as described in3607
division (E)(1)(a)(C)(8) of this section and designation of the3608
instrument or instruments to be used to conduct the assessment;3609

       (c) Designation of the agency to provide case management3610
services to the child and to the child's family;3611

       (d)(b) An emphasis on the personal responsibilities of the3612
child and the parental responsibilities of the parents, guardian,3613
or custodian of the child;3614

       (e)(c) Involvement of local law enforcement agencies and3615
officials.3616

       (2) The method to divert a child from the juvenile court3617
system that must be included in the service coordination process3618
may include, but is not limited to, the following:3619

       (a) The preparation of a complaint under section 2151.27 of3620
the Revised Code alleging that the child is an unruly child and3621
notifying the child and the parents, guardian, or custodian that3622
the complaint has been prepared to encourage the child and the3623
parents, guardian, or custodian to comply with other methods to3624
divert the child from the juvenile court system;3625

       (b) Conducting a meeting with the child, the parents,3626
guardian, or custodian, and other interested parties to determine3627
the appropriate methods to divert the child from the juvenile3628
court system;3629

       (c) A method for dealing with short-term crisis situations3630
involving a confrontation between the child and the parents,3631
guardian, or custodian;3632

       (d) A method to provide to the child and the child's family a 3633
short-term respite from a short-term crisis situation involving a 3634
confrontation between the child and the parents, guardian, or3635
custodian;3636

       (e)(d) A program to provide a mentor to the child or the3637
parents, guardian, or custodian;3638

       (f)(e) A program to provide parenting education to the 3639
parents, guardian, or custodian;3640

       (g)(f) An alternative school program for children who are3641
truant from school, repeatedly disruptive in school, or suspended3642
or expelled from school;3643

       (h)(g) Other appropriate measures, including, but not limited3644
to, any alternative methods to divert a child from the juvenile3645
court system that are identified by the Ohio family and children3646
first cabinet council.3647

       (F) Each county may review and revise the service3648
coordination process described in division (D)(2) of this section3649
based on the availability of funds under Title IV-A of the "Social3650
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,3651
or to the extent resources are available from any other federal,3652
state, or local funds.3653

       Sec. 121.38.  (A) An agency represented on a county family 3654
and children first council that disagrees with the council's 3655
decision concerning the services or funding for services a child 3656
is to receive from agencies represented on the council may 3657
initiate the local dispute resolution process established in the 3658
county service coordination mechanism applicable to the council. 3659
On completion of the process, the decision maker designated in the 3660
mechanism shall issue a written determination that directs one or 3661
more agencies represented on the council to provide services or 3662
funding for services to the child. The determination shall include 3663
a plan of care governing the manner in which the services or3664
funding are to be provided. The decision maker shall base the plan 3665
of care on the comprehensive jointfamily service coordination3666
plan developed as part of the county's service coordination 3667
mechanism and on evidence presented during the local dispute 3668
resolution process. The decision maker may require an agency to3669
provide services or funding only if the child's condition or needs 3670
qualify the child for services under the laws governing the 3671
agency.3672

       (B) An agency subject to a determination issued pursuant to a3673
local dispute resolution process shall immediately comply with the3674
determination, unless the agency objects to the determination by 3675
doing one of the following not later than seven days after the 3676
date the written determination is issued:3677

       (1) If the child has been alleged or adjudicated to be an 3678
abused, neglected, dependent, unruly, or delinquent child or a 3679
juvenile traffic offender, filing in the juvenile court of the 3680
county having jurisdiction over the child's case a motion 3681
requesting that the court hold a hearing to determine which 3682
agencies are to provide services or funding for services to the 3683
child.3684

       (2) If the child is not a child described in division (B)(1) 3685
of this section, filing in the juvenile court of the county served 3686
by the county council a complaint objecting to the determination.3687

       The court shall hold a hearing as soon as possible, but not3688
later than ninety days after the motion or complaint is filed. At 3689
least five days before the date on which the court hearing is to 3690
be held, the court shall send each agency subject to the 3691
determination written notice by first class mail of the date, 3692
time, place, and purpose of the court hearing. In the case of a3693
motion filed under division (B)(1) of this section, the court may3694
conduct the hearing as part of the adjudicatory or dispositional 3695
hearing concerning the child, if appropriate, and shall provide 3696
notice as required for those hearings.3697

       Except in cases in which the hearing is conducted as part of 3698
the adjudicatory or dispositional hearing, a hearing held pursuant 3699
to this division shall be limited to a determination of which 3700
agencies are to provide services or funding for services to the 3701
child. At the conclusion of the hearing, the court shall issue an 3702
order directing one or more agencies represented on the county 3703
council to provide services or funding for services to the child. 3704
The order shall include a plan of care governing the manner in 3705
which the services or funding are to be provided. The court shall3706
base the plan of care on the comprehensive jointfamily service 3707
coordination plan developed as part of the county's service 3708
coordination plan and on evidence presented during the hearing. An 3709
agency required by the order to provide services or funding shall 3710
be a party to any juvenile court proceeding concerning the child. 3711
The court may require an agency to provide services or funding for 3712
a child only if the child's condition or needs qualify the child 3713
for services under the laws governing the agency.3714

       (C) While the local dispute resolution process or court 3715
proceedings pursuant to this section are pending, each agency 3716
shall provide services and funding as required by the decision 3717
made by the county council before dispute resolution was 3718
initiated. If an agency that provides services or funds during the 3719
local dispute resolution process or court proceedings is 3720
determined through the process or proceedings not to be 3721
responsible for providing them, it shall be reimbursed for the 3722
costs of providing the services or funding by the agencies 3723
determined to be responsible for providing them.3724

       Sec. 121.381. A parent or custodian who disagrees with a 3725
decision rendered by a county family and children first council 3726
regarding services for a child may initiate the dispute resolution 3727
process established in the county service coordination mechanism 3728
pursuant to division (C)(10) of section 121.37 of the Revised 3729
Code.3730

        Not later than sixty days after the parent or custodian 3731
initiates the dispute resolution process, the council shall make 3732
findings regarding the dispute and issue a written determination 3733
of its findings.3734

       Sec. 121.382. Each agency represented on a county family and 3735
children first council that is providing services or funding for 3736
services that are the subject of the dispute resolution process 3737
initiated by a parent or custodian under section 121.381 of the 3738
Revised Code shall continue to provide those services and the 3739
funding for those services during the dispute resolution process.3740

       Sec. 121.403. (A) The Ohio community service council may do 3741
any of the following:3742

        (1) Accept monetary gifts or donations;3743

        (2) Sponsor conferences, meetings, or events in furtherance 3744
of the council's purpose described in section 121.40 of the 3745
Revised Code and charge fees for participation or involvement in 3746
the conferences, meetings, or events;3747

        (3) Sell promotional items in furtherance of the council's 3748
purpose described in section 121.40 of the Revised Code.3749

        (B) All monetary gifts and donations, funds from the sale of 3750
promotional items, and any fees paid to the council for 3751
conferences, meetings, or events sponsored by the council shall be 3752
deposited into the Ohio community service council gifts and 3753
donations fund, which is hereby created in the state treasury. 3754
Moneys in the fund may be used only as follows:3755

        (1) To pay operating expenses of the council, including 3756
payroll, personal services, maintenance, equipment, and subsidy 3757
payments;3758

        (2) To support council programs promoting volunteerism and 3759
community service in the state;3760

        (3) As matching funds for federal grants.3761

       Sec. 122.011.  (A) The department of development shall3762
develop and promote plans and programs designed to assure that3763
state resources are efficiently used, economic growth is properly3764
balanced, community growth is developed in an orderly manner, and3765
local governments are coordinated with each other and the state,3766
and for such purposes may do all of the following:3767

       (1) Serve as a clearinghouse for information, data, and other 3768
materials that may be helpful or necessary to persons or local 3769
governments, as provided in section 122.07 of the Revised Code;3770

       (2) Prepare and activate plans for the retention,3771
development, expansion, and use of the resources and commerce of3772
the state, as provided in section 122.04 of the Revised Code;3773

       (3) Assist and cooperate with federal, state, and local3774
governments and agencies of federal, state, and local governments3775
in the coordination of programs to carry out the functions and3776
duties of the department;3777

       (4) Encourage and foster research and development activities, 3778
conduct studies related to the solution of community problems, and 3779
develop recommendations for administrative or legislative actions, 3780
as provided in section 122.03 of the Revised Code;3781

       (5) Serve as the economic and community development planning3782
agency, which shall prepare and recommend plans and programs for3783
the orderly growth and development of this state and which shall3784
provide planning assistance, as provided in section 122.06 of the3785
Revised Code;3786

       (6) Cooperate with and provide technical assistance to state3787
departments, political subdivisions, regional and local planning3788
commissions, tourist associations, councils of government,3789
community development groups, community action agencies, and other3790
appropriate organizations for carrying out the functions and3791
duties of the department or for the solution of community3792
problems;3793

       (7) Coordinate the activities of state agencies that have an3794
impact on carrying out the functions and duties of the department;3795

       (8) Encourage and assist the efforts of and cooperate with3796
local governments to develop mutual and cooperative solutions to3797
their common problems that relate to carrying out the purposes of3798
this section;3799

       (9) Study existing structure, operations, and financing of3800
regional or local government and those state activities that3801
involve significant relations with regional or local governmental3802
units, recommend to the governor and to the general assembly such3803
changes in these provisions and activities as will improve the3804
operations of regional or local government, and conduct other3805
studies of legal provisions that affect problems related to3806
carrying out the purposes of this section;3807

       (10) Create and operate a division of community development3808
to develop and administer programs and activities that are3809
authorized by federal statute or the Revised Code;3810

       (11) Until October 15, 20052007, establish fees and charges, 3811
in consultation with the director of agriculture, for purchasing3812
loans from financial institutions and providing loan guarantees3813
under the family farm loan program created under sections 901.803814
to 901.83 of the Revised Code;3815

       (12) Provide loan servicing for the loans purchased and loan3816
guarantees provided under section 901.80 of the Revised Code as3817
that section existed prior to October 15, 20052007;3818

       (13) Until October 15, 20052007, and upon approval by the3819
controlling board under division (A)(3) of section 901.82 of the3820
Revised Code of the release of money to be used for purchasing a3821
loan or providing a loan guarantee, request the release of that3822
money in accordance with division (B) of section 166.03 of the3823
Revised Code for use for the purposes of the fund created by3824
section 166.031 of the Revised Code.3825

       (B) The director of development may request the attorney3826
general to, and the attorney general, in accordance with section3827
109.02 of the Revised Code, shall bring a civil action in any3828
court of competent jurisdiction. The director may be sued in the3829
director's official capacity, in connection with this chapter, in3830
accordance with Chapter 2743. of the Revised Code.3831

       Sec. 122.083. (A) The director of development shall 3832
administer a shovel ready sites program to provide grants for 3833
projects to port authorities and development entities approved by 3834
the director. Grants may be used to pay the costs of any or all of 3835
the following:3836

        (1) Acquisition of property, including options;3837

        (2) Preparation of sites, including brownfield clean-up 3838
activities;3839

        (3) Construction of road, water, telecommunication, and 3840
utility infrastructure;3841

        (4) Payment of professional fees the amount of which shall 3842
not exceed twenty per cent of the grant amount for a project.3843

        (B) The director shall adopt rules in accordance with Chapter 3844
119. of the Revised Code that establish procedures and 3845
requirements necessary for the administration of the program, 3846
including a requirement that a recipient of a grant enter into an 3847
agreement with the director governing the use of the grant.3848

        (C) There is hereby created in the state treasury the shovel 3849
ready sites fund consisting of money appropriated to it. Money in 3850
the fund shall be used solely for the purposes of this section.3851

       Sec. 122.17.  (A) As used in this section:3852

       (1) "Full-time employee" means an individual who is employed 3853
for consideration for at least thirty-five hours a week, or who 3854
renders any other standard of service generally accepted by custom 3855
or specified by contract as full-time employment.3856

       (2) "New employee" means one of the following:3857

       (a) A full-time employee first employed by a taxpayer in the 3858
project that is the subject of the agreement after the taxpayer 3859
enters into a tax credit agreement with the tax credit authority 3860
under this section;3861

       (b) A full-time employee first employed by a taxpayer in the 3862
project that is the subject of the tax credit after the tax credit 3863
authority approves a project for a tax credit under this section 3864
in a public meeting, as long as the taxpayer enters into the tax 3865
credit agreement prepared by the department of development after 3866
such meeting within sixty days after receiving the agreement from 3867
the department. If the taxpayer fails to enter into the agreement 3868
within sixty days, "new employee" has the same meaning as under 3869
division (A)(2)(a) of this section.3870

       Under division (A)(2)(a) or (b) of this section, if the tax3871
credit authority determines it appropriate, "new employee" also3872
may include an employee re-hired or called back from lay-off to3873
work in a new facility or on a new product or service established3874
or produced by the taxpayer after entering into the agreement3875
under this section or after the tax credit authority approves the3876
tax credit in a public meeting. Except as otherwise provided in 3877
this paragraph, "new employee" does not include any employee of 3878
the taxpayer who was previously employed in this state by a 3879
related member of the taxpayer and whose employment was shifted to 3880
the taxpayer after the taxpayer entered into the tax credit 3881
agreement or after the tax credit authority approved the credit in 3882
a public meeting, or any employee of the taxpayer for which the 3883
taxpayer has been granted a certificate under division (B) of 3884
section 5709.66 of the Revised Code. However, if the taxpayer is 3885
engaged in the enrichment and commercialization of uranium or 3886
uranium products or is engaged in research and development 3887
activities related thereto and if the tax credit authority 3888
determines it appropriate, "new employee" may include an employee 3889
of the taxpayer who was previously employed in this state by a 3890
related member of the taxpayer and whose employment was shifted to 3891
the taxpayer after the taxpayer entered into the tax credit 3892
agreement or after the tax credit authority approved the credit in 3893
a public meeting. "New employee" does not include an employee of 3894
the taxpayer who is employed in an employment position that was3895
relocated to a project from other operations of the taxpayer in3896
this state or from operations of a related member of the taxpayer 3897
in this state. In addition, "new employee" does not include a 3898
child, grandchild, parent, or spouse, other than a spouse who is 3899
legally separated from the individual, of any individual who is an 3900
employee of the taxpayer and who has a direct or indirect 3901
ownership interest of at least five per cent in the profits, 3902
capital, or value of the taxpayer. Such ownership interest shall 3903
be determined in accordance with section 1563 of the Internal 3904
Revenue Code and regulations prescribed thereunder.3905

       (3) "New income tax revenue" means the total amount withheld 3906
under section 5747.06 of the Revised Code by the taxpayer during 3907
the taxable year, or during the calendar year that includes the 3908
tax period, from the compensation of new employees for the tax 3909
levied under Chapter 5747. of the Revised Code.3910

       (4) "Related member" has the same meaning as under division 3911
(A)(6) of section 5733.042 of the Revised Code without regard to 3912
division (B) of that section.3913

       (B) The tax credit authority may make grants under this3914
section to foster job creation in this state. Such a grant shall3915
take the form of a refundable credit allowed against the tax3916
imposed by section 5733.06 or 5747.02 of the Revised Code for 3917
taxable years ending prior to 2008 and against the tax levied by 3918
Chapter 5751. of the Revised Code for tax periods beginning on or 3919
after July 1, 2008. The credit shall be claimed for the taxable 3920
years or tax periods specified in the taxpayer's agreement with 3921
the tax credit authority under division (D) of this section. The 3922
credit shall be claimed after the allowance of all other credits 3923
provided by Chapter 5733. or 5747.in the order required under 3924
section 5733.98, 5747.98, or 5751.98 of the Revised Code. The 3925
amount of the credit available for a taxable year or for a 3926
calendar year that includes a tax period equals the new income tax 3927
revenue for the taxablethat year multiplied by the percentage 3928
specified in the agreement with the tax credit authority.3929

       (C) A taxpayer or potential taxpayer who proposes a project 3930
to create new jobs in this state may apply to the tax credit 3931
authority to enter into an agreement for a tax credit under this 3932
section. The director of development shall prescribe the form of 3933
the application. After receipt of an application, the authority 3934
may enter into an agreement with the taxpayer for a credit under 3935
this section if it determines all of the following:3936

       (1) The taxpayer's project will create new jobs in this3937
state;3938

       (2) The taxpayer's project is economically sound and will3939
benefit the people of this state by increasing opportunities for3940
employment and strengthening the economy of this state;3941

       (3) Receiving the tax credit is a major factor in the3942
taxpayer's decision to go forward with the project.3943

       (D) An agreement under this section shall include all of the 3944
following:3945

       (1) A detailed description of the project that is the subject 3946
of the agreement;3947

       (2) The term of the tax credit, which shall not exceed 3948
fifteen years, and the first taxable year, or first calendar year 3949
that includes a tax period, for which the credit may be claimed;3950

       (3) A requirement that the taxpayer shall maintain operations 3951
at the project location for at least twice the number of years as 3952
the term of the tax credit;3953

       (4) The percentage, as determined by the tax credit3954
authority, of new income tax revenue that will be allowed as the3955
amount of the credit for each taxable year or for each calendar 3956
year that includes a tax period;3957

       (5) A specific method for determining how many new employees 3958
are employed during a taxable year or during a calendar year that 3959
includes a tax period;3960

       (6) A requirement that the taxpayer annually shall report to 3961
the director of development the number of new employees, the new 3962
income tax revenue withheld in connection with the new employees, 3963
and any other information the director needs to perform the 3964
director's duties under this section;3965

       (7) A requirement that the director of development annually 3966
shall verify the amounts reported under division (D)(6) of this 3967
section, and after doing so shall issue a certificate to the 3968
taxpayer stating that the amounts have been verified;3969

       (8)(a) A provision requiring that the taxpayer, except as 3970
otherwise provided in division (D)(8)(b) of this section, shall 3971
not relocate employment positions from elsewhere in this state to 3972
the project site that is the subject of the agreement for the 3973
lesser of five years from the date the agreement is entered into 3974
or the number of years the taxpayer is entitled to claim the tax 3975
credit.3976

       (b) The taxpayer may relocate employment positions from 3977
elsewhere in this state to the project site that is the subject of 3978
the agreement if the director of development determines both of 3979
the following:3980

       (i) That the site from which the employment positions would 3981
be relocated is inadequate to meet market and industry conditions, 3982
expansion plans, consolidation plans, or other business 3983
considerations affecting the taxpayer;3984

       (ii) That the legislative authority of the county, township, 3985
or municipal corporation from which the employment positions would3986
be relocated has been notified of the relocation.3987

       For purposes of this section, the movement of an employment 3988
position from one political subdivision to another political 3989
subdivision shall be considered a relocation of an employment 3990
position, but the transfer of an individual employee from one 3991
political subdivision to another political subdivision shall not 3992
be considered a relocation of an employment position as long as 3993
the individual's employment position in the first political 3994
subdivision is refilled.3995

       (E) If a taxpayer fails to meet or comply with any condition 3996
or requirement set forth in a tax credit agreement, the tax credit 3997
authority may amend the agreement to reduce the percentage or term 3998
of the tax credit. The reduction of the percentage or term shall 3999
take effect in the taxable year immediately following the taxable 4000
year in which the authority amends the agreement or in the first 4001
tax period beginning in the calendar year immediately following 4002
the calendar year in which the authority amends the agreement. If 4003
the taxpayer relocates employment positions in violation of the4004
provision required under division (D)(8)(a) of this section, the 4005
taxpayer shall not claim the tax credit under section 5733.0610 of 4006
the Revised Code for any tax years following the calendar year in 4007
which the relocation occurs, or shall not claim the tax credit 4008
under section 5747.058 of the Revised Code for the taxable year in4009
which the relocation occurs and any subsequent taxable years, and 4010
shall not claim the tax credit under division (A) of section 4011
5751.50 of the Revised Code for any tax period in the calendar 4012
year in which the relocation occurs and any subsequent tax 4013
periods.4014

       (F) Projects that consist solely of point-of-final-purchase 4015
retail facilities are not eligible for a tax credit under this 4016
section. If a project consists of both point-of-final-purchase 4017
retail facilities and nonretail facilities, only the portion of 4018
the project consisting of the nonretail facilities is eligible for 4019
a tax credit and only the new income tax revenue from new 4020
employees of the nonretail facilities shall be considered when 4021
computing the amount of the tax credit. If a warehouse facility is 4022
part of a point-of-final-purchase retail facility and supplies 4023
only that facility, the warehouse facility is not eligible for a 4024
tax credit. Catalog distribution centers are not considered4025
point-of-final-purchase retail facilities for the purposes of this 4026
division, and are eligible for tax credits under this section.4027

       (G) Financial statements and other information submitted to 4028
the department of development or the tax credit authority by an 4029
applicant or recipient of a tax credit under this section, and any 4030
information taken for any purpose from such statements or4031
information, are not public records subject to section 149.43 of4032
the Revised Code. However, the chairperson of the authority may4033
make use of the statements and other information for purposes of4034
issuing public reports or in connection with court proceedings4035
concerning tax credit agreements under this section. Upon the4036
request of the tax commissioner, the chairperson of the authority4037
shall provide to the commissioner any statement or information4038
submitted by an applicant or recipient of a tax credit in4039
connection with the credit. The commissioner shall preserve the4040
confidentiality of the statement or information.4041

       (H) A taxpayer claiming a credit under this section shall4042
submit to the tax commissioner a copy of the director of4043
development's certificate of verification under division (D)(7) of 4044
this section for the taxable year or for the calendar year that 4045
includes the tax period. However, failure to submit a copy of the 4046
certificate does not invalidate a claim for a credit.4047

       (I) The director of development, after consultation with the 4048
tax commissioner and in accordance with Chapter 119. of the4049
Revised Code, shall adopt rules necessary to implement this4050
section. The rules may provide for recipients of tax credits under 4051
this section to be charged fees to cover administrative costs of 4052
the tax credit program. At the time the director gives public4053
notice under division (A) of section 119.03 of the Revised Code of 4054
the adoption of the rules, the director shall submit copies of the 4055
proposed rules to the chairpersons of the standing committees on4056
economic development in the senate and the house of4057
representatives.4058

       (J) For the purposes of this section, a taxpayer may include 4059
a partnership, a corporation that has made an election under 4060
subchapter S of chapter one of subtitle A of the Internal Revenue 4061
Code, or any other business entity through which income flows as a 4062
distributive share to its owners. A credit received under this 4063
section by a partnership, S-corporation, or other such business 4064
entity shall be apportioned among the persons to whom the income 4065
or profit of the partnership, S-corporation, or other entity is 4066
distributed, in the same proportions as those in which the income 4067
or profit is distributed.4068

       (K) If the director of development determines that a taxpayer 4069
who has received a credit under this section is not complying with 4070
the requirement under division (D)(3) of this section, the 4071
director shall notify the tax credit authority of the4072
noncompliance. After receiving such a notice, and after giving the 4073
taxpayer an opportunity to explain the noncompliance, the tax4074
credit authority may require the taxpayer to refund to this state4075
a portion of the credit in accordance with the following:4076

       (1) If the taxpayer maintained operations at the project4077
location for at least one and one-half times the number of years4078
of the term of the tax credit, an amount not exceeding twenty-five 4079
per cent of the sum of any previously allowed credits under this 4080
section;4081

       (2) If the taxpayer maintained operations at the project4082
location for at least the number of years of the term of the tax4083
credit, an amount not exceeding fifty per cent of the sum of any4084
previously allowed credits under this section;4085

       (3) If the taxpayer maintained operations at the project4086
location for less than the number of years of the term of the tax4087
credit, an amount not exceeding one hundred per cent of the sum of 4088
any previously allowed credits under this section.4089

       In determining the portion of the tax credit to be refunded4090
to this state, the tax credit authority shall consider the effect4091
of market conditions on the taxpayer's project and whether the4092
taxpayer continues to maintain other operations in this state. 4093
After making the determination, the authority shall certify the4094
amount to be refunded to the tax commissioner. The commissioner4095
shall make an assessment for that amount against the taxpayer4096
under Chapter 5733. or, 5747., or 5751. of the Revised Code. The 4097
time limitations on assessments under Chapter 5733. or 5747. of 4098
the Revised Codethose chapters do not apply to an assessment 4099
under this division, but the commissioner shall make the 4100
assessment within one year after the date the authority certifies 4101
to the commissioner the amount to be refunded.4102

       (L) On or before the thirty-first day of March each year, the 4103
director of development shall submit a report to the governor, the 4104
president of the senate, and the speaker of the house of 4105
representatives on the tax credit program under this section. The 4106
report shall include information on the number of agreements that 4107
were entered into under this section during the preceding calendar 4108
year, a description of the project that is the subject of each 4109
such agreement, and an update on the status of projects under 4110
agreements entered into before the preceding calendar year.4111

       During the fifth year of the tax credit program, the director 4112
of development in conjunction with the director of budget and 4113
management shall conduct an evaluation of it. The evaluation shall 4114
include assessments of the effectiveness of the program in 4115
creating new jobs in this state and of the revenue impact of the 4116
program, and may include a review of the practices and experiences 4117
of other states with similar programs. The director of development 4118
shall submit a report on the evaluation to the governor, the 4119
president of the senate, and the speaker of the house of 4120
representatives on or before January 1, 1998.4121

       (M) There is hereby created the tax credit authority, which 4122
consists of the director of development and four other members 4123
appointed as follows: the governor, the president of the senate, 4124
and the speaker of the house of representatives each shall appoint 4125
one member who shall be a specialist in economic development; the 4126
governor also shall appoint a member who is a specialist in 4127
taxation. Of the initial appointees, the members appointed by the 4128
governor shall serve a term of two years; the members appointed by 4129
the president of the senate and the speaker of the house of 4130
representatives shall serve a term of four years. Thereafter, 4131
terms of office shall be for four years. Initial appointments to 4132
the authority shall be made within thirty days after January 13,4133
1993. Each member shall serve on the authority until the end of 4134
the term for which the member was appointed. Vacancies shall be 4135
filled in the same manner provided for original appointments. Any 4136
member appointed to fill a vacancy occurring prior to the 4137
expiration of the term for which the member's predecessor was 4138
appointed shall hold office for the remainder of that term. 4139
Members may be reappointed to the authority. Members of the 4140
authority shall receive their necessary and actual expenses while 4141
engaged in the business of the authority. The director of 4142
development shall serve as chairperson of the authority, and the 4143
members annually shall elect a vice-chairperson from among 4144
themselves. Three members of the authority constitute a quorum to 4145
transact and vote on the business of the authority. The majority 4146
vote of the membership of the authority is necessary to approve 4147
any such business, including the election of the vice-chairperson.4148

       The director of development may appoint a professional 4149
employee of the department of development to serve as the 4150
director's substitute at a meeting of the authority. The director 4151
shall make the appointment in writing. In the absence of the 4152
director from a meeting of the authority, the appointed substitute 4153
shall serve as chairperson. In the absence of both the director 4154
and the director's substitute from a meeting, the vice-chairperson4155
shall serve as chairperson.4156

       Sec. 122.171. (A) As used in this section:4157

       (1) "Capital investment project" means a plan of investment4158
at a project site for the acquisition, construction, renovation,4159
or repair of buildings, machinery, or equipment, or for4160
capitalized costs of basic research and new product development4161
determined in accordance with generally accepted accounting4162
principles, but does not include any of the following:4163

       (a) Payments made for the acquisition of personal property4164
through operating leases;4165

       (b) Project costs paid before January 1, 2002, or after4166
December 31, 2006;4167

       (c) Payments made to a related member as defined in section4168
5733.042 of the Revised Code or to an elected consolidated 4169
taxpayer or a combined taxpayer as defined in section 5751.01 of 4170
the Revised Code.4171

       (2) "Eligible business" means a business with Ohio operations 4172
satisfying all of the following:4173

       (a) Employed an average of at least one thousand employees in 4174
full-time employment positions at a project site during each of4175
the twelve months preceding the application for a tax credit under4176
this section; and4177

       (b) On or after January 1, 2002, has made payments for the4178
capital investment project of either of the following:4179

        (i) At least two hundred million dollars in the aggregate at 4180
the project site during a period of three consecutive calendar4181
years including the calendar year that includes a day of the4182
taxpayer's taxable year or tax period with respect to which the 4183
credit is granted;4184

       (ii) If the average wage of all full-time employment 4185
positions at the project site is greater than four hundred per 4186
cent of the federal minimum wage, at least one hundred million 4187
dollars in the aggregate at the project site during a period of 4188
three consecutive calendar years including the calendar year that 4189
includes a day of the taxpayer's taxable year or tax period with 4190
respect to which the credit is granted.4191

       (c) Is engaged at the project site primarily as a4192
manufacturer or is providing significant corporate administrative4193
functions;4194

        (d) Has had a capital investment project reviewed and4195
approved by the tax credit authority as provided in divisions (C),4196
(D), and (E) of this section.4197

       (3) "Full-time employment position" means a position of4198
employment for consideration for at least thirty-five hours a week 4199
that has been filled for at least one hundred eighty days 4200
immediately preceding the filing of an application under this 4201
section and for at least one hundred eighty days during each 4202
taxable year or each calendar year that includes a tax period with 4203
respect to which the credit is granted.4204

       (4) "Manufacturer" has the same meaning as in section4205
5739.011 of the Revised Code.4206

        (5) "Project site" means an integrated complex of facilities4207
in this state, as specified by the tax credit authority under this4208
section, within a fifteen-mile radius where a taxpayer is 4209
primarily operating as an eligible business.4210

       (6) "Applicable corporation" means a corporation satisfying 4211
all of the following:4212

       (a)(i) For the entire taxable year immediately preceding the 4213
tax year, the corporation develops software applications primarily 4214
to provide telecommunication billing and information services 4215
through outsourcing or licensing to domestic or international 4216
customers.4217

       (ii) Sales and licensing of software generated at least six 4218
hundred million dollars in revenue during the taxable year 4219
immediately preceding the tax year the corporation is first 4220
entitled to claim the credit provided under division (B) of this 4221
section.4222

       (b) For the entire taxable year immediately preceding the tax 4223
year, the corporation or one or more of its related members 4224
provides customer or employee care and technical support for 4225
clients through one or more contact centers within this state, and 4226
the corporation and its related members together have a daily 4227
average, based on a three hundred sixty-five day4228
three-hundred-sixty-five-day year, of at least five hundred 4229
thousand successful customer contacts through one or more of their 4230
contact centers, wherever located.4231

       (c) The corporation is eligible for the credit under division 4232
(B) of this section for the tax year.4233

       (7) "Related member" has the same meaning as in section 4234
5733.042 of the Revised Code as that section existed on the 4235
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd 4236
general assembly, September 29, 1997.4237

       (8) "Successful customer contact" means a contact with an end 4238
user via telephone, including interactive voice recognition or 4239
similar means, where the contact culminates in a conversation or 4240
connection other than a busy signal or equipment busy.4241

       (9) "Telecommunications" means all forms of 4242
telecommunications service as defined in section 5739.01 of the 4243
Revised Code, and includes services in wireless, wireline, cable, 4244
broadband, internet protocol, and satellite.4245

       (10)(a) "Applicable difference" means the difference between 4246
the tax for the tax year under Chapter 5733. of the Revised Code 4247
applying the law in effect for that tax year, and the tax for that 4248
tax year if section 5733.042 of the Revised Code applied as that 4249
section existed on the effective date of its amendment by Am. Sub. 4250
H.B. 215 of the 122nd general assembly, September 29, 1997,4251
subject to division (A)(10)(b) of this section.4252

       (b) If the tax rate set forth in division (B) of section 4253
5733.06 of the Revised Code for the tax year is less than eight 4254
and one-half per cent, the tax calculated under division 4255
(A)(10)(a) of this section shall be computed by substituting a tax 4256
rate of eight and one-half per cent for the rate set forth in 4257
division (B) of section 5733.06 of the Revised Code for the tax 4258
year.4259

       (c) If the resulting difference is negative, the applicable 4260
tax difference for the tax year shall be zero.4261

       (B) The tax credit authority created under section 122.17 of4262
the Revised Code may grant tax credits under this section for the4263
purpose of fostering job retention in this state. Upon application 4264
by an eligible business and upon consideration of the4265
recommendation of the director of budget and management, tax4266
commissioner, and director of development under division (C) of4267
this section, the tax credit authority may grant to an eligible4268
business a nonrefundable credit against the tax imposed by section4269
5733.06 or 5747.02 of the Revised Code for taxable years ending 4270
before 2008 for a period up to fifteen taxable years and against 4271
the tax levied by Chapter 5751. of the Revised Code for tax 4272
periods beginning on or after July 1, 2008, for a period of up to 4273
fifteen calendar years. The credit shall be in an amount not 4274
exceeding seventy-five per cent of the Ohio income tax withheld4275
from the employees of the eligible business occupying full-time 4276
employment positions at the project site during the calendar year 4277
that includes the last day of such business' taxable year or tax 4278
period with respect to which the credit is granted. The amount of 4279
the credit shall not be based on the Ohio income tax withheld from 4280
full-time employees for a calendar year prior to the calendar year 4281
in which the minimum investment requirement referred to in4282
division (A)(2)(b) of this section is completed. The credit shall4283
be claimed only for the taxable years or tax periods specified in 4284
the eligible business' agreement with the tax credit authority4285
under division (E) of this section, but in no event shall the4286
credit be claimed for a taxable year or tax period terminating 4287
before the date specified in the agreement.4288

       The credit computed under this division is in addition to any 4289
credit allowed under division (M) of this section which the tax 4290
credit authority may also include in the agreement.4291

       Any unused portion of a tax credit may be carried forward for4292
not more than three additional years after the year for which the4293
credit is granted.4294

       (C) A taxpayer that proposes a capital investment project to4295
retain jobs in this state may apply to the tax credit authority to4296
enter into an agreement for a tax credit under this section. The4297
director of development shall prescribe the form of the4298
application. After receipt of an application, the authority shall4299
forward copies of the application to the director of budget and4300
management, the tax commissioner, and the director of development,4301
each of whom shall review the application to determine the4302
economic impact the proposed project would have on the state and4303
the affected political subdivisions and shall submit a summary of4304
their determinations and recommendations to the authority. The4305
authority shall make no agreements under this section after June4306
30, 2007.4307

       (D) Upon review of the determinations and recommendations4308
described in division (C) of this section, the tax credit4309
authority may enter into an agreement with the taxpayer for a4310
credit under this section if the authority determines all of the 4311
following:4312

       (1) The taxpayer's capital investment project will result in4313
the retention of full-time employment positions in this state.4314

       (2) The taxpayer is economically sound and has the ability to 4315
complete the proposed capital investment project.4316

       (3) The taxpayer intends to and has the ability to maintain4317
operations at the project site for at least twice the term of the4318
credit.4319

       (4) Receiving the credit is a major factor in the taxpayer's4320
decision to begin, continue with, or complete the project.4321

       (5) The political subdivisions in which the project is4322
located have agreed to provide substantial financial support to4323
the project.4324

       (E) An agreement under this section shall include all of the4325
following:4326

       (1) A detailed description of the project that is the subject 4327
of the agreement, including the amount of the investment, the 4328
period over which the investment has been or is being made, and 4329
the number of full-time employment positions at the project site.4330

       (2) The method of calculating the number of full-time4331
employment positions as specified in division (A)(3) of this4332
section.4333

       (3) The term and percentage of the tax credit, and the first 4334
year for which the credit may be claimed.4335

       (4) A requirement that the taxpayer maintain operations at4336
the project site for at least twice the number of years as the4337
term of the credit.4338

       (5) A requirement that the taxpayer retain a specified number 4339
of full-time employment positions at the project site and within 4340
this state for the term of the credit, including a requirement 4341
that the taxpayer continue to employ at least one thousand 4342
employees in full-time employment positions at the project site 4343
during the entire term of any agreement, subject to division 4344
(E)(7) of this section.4345

       (6) A requirement that the taxpayer annually report to the4346
director of development the number of full-time employment4347
positions subject to the credit, the amount of tax withheld from4348
employees in those positions, the amount of the payments made for4349
the capital investment project, and any other information the4350
director needs to perform the director's duties under this4351
section.4352

       (7) A requirement that the director of development annually4353
review the annual reports of the taxpayer to verify the4354
information reported under division (E)(6) of this section and4355
compliance with the agreement. Upon verification, the director4356
shall issue a certificate to the taxpayer stating that the4357
information has been verified and identifying the amount of the4358
credit for the taxable year. Unless otherwise specified by the tax 4359
credit authority in a resolution and included as part of the 4360
agreement, the director shall not issue a certificate for any year 4361
in which the total number of filled full-time employment positions 4362
for each day of the calendar year divided by three hundred 4363
sixty-five is less than ninety per cent of the full-time 4364
employment positions specified in division (E)(5) of this section. 4365
In determining the number of full-time employment positions, no 4366
position shall be counted that is filled by an employee who is 4367
included in the calculation of a tax credit under section 122.17 4368
of the Revised Code.4369

       (8)(a) A provision requiring that the taxpayer, except as4370
otherwise provided in division (E)(8)(b) of this section, shall4371
not relocate employment positions from elsewhere in this state to4372
the project site that is the subject of the agreement for the4373
lesser of five years from the date the agreement is entered into4374
or the number of years the taxpayer is entitled to claim the4375
credit.4376

       (b) The taxpayer may relocate employment positions from4377
elsewhere in this state to the project site that is the subject of4378
the agreement if the director of development determines both of4379
the following:4380

       (i) That the site from which the employment positions would4381
be relocated is inadequate to meet market and industry conditions,4382
expansion plans, consolidation plans, or other business4383
considerations affecting the taxpayer;4384

       (ii) That the legislative authority of the county, township,4385
or municipal corporation from which the employment positions would4386
be relocated has been notified of the relocation.4387

       For purposes of this section, the movement of an employment4388
position from one political subdivision to another political4389
subdivision shall be considered a relocation of an employment4390
position unless the movement is confined to the project site. The4391
transfer of an individual employee from one political subdivision4392
to another political subdivision shall not be considered a4393
relocation of an employment position as long as the individual's4394
employment position in the first political subdivision is4395
refilled.4396

       (9) A waiver by the taxpayer of any limitations periods4397
relating to assessments or adjustments resulting from the4398
taxpayer's failure to comply with the agreement.4399

       (F) If a taxpayer fails to meet or comply with any condition4400
or requirement set forth in a tax credit agreement, the tax credit4401
authority may amend the agreement to reduce the percentage or term4402
of the credit. The reduction of the percentage or term shall take4403
effect in the taxable year immediately following the taxable year4404
in which the authority amends the agreement or in the first tax 4405
period beginning in the calendar year immediately following the 4406
calendar year in which the authority amends the agreement. If the 4407
taxpayer relocates employment positions in violation of the 4408
provision required under division (D)(8)(a) of this section, the 4409
taxpayer shall not claim the tax credit under section 5733.0610 of 4410
the Revised Code for any tax years following the calendar year in4411
which the relocation occurs, or shall not claim the tax credit4412
under section 5747.058 of the Revised Code for the taxable year in4413
which the relocation occurs and any subsequent taxable years, and 4414
shall not claim the tax credit under division (A) of section 4415
5751.50 of the Revised Code for the tax period in which the 4416
relocation occurs and any subsequent tax periods.4417

       (G) Financial statements and other information submitted to4418
the department of development or the tax credit authority by an4419
applicant for or recipient of a tax credit under this section, and4420
any information taken for any purpose from such statements or4421
information, are not public records subject to section 149.43 of4422
the Revised Code. However, the chairperson of the authority may4423
make use of the statements and other information for purposes of4424
issuing public reports or in connection with court proceedings4425
concerning tax credit agreements under this section. Upon the4426
request of the tax commissioner, the chairperson of the authority4427
shall provide to the commissioner any statement or other4428
information submitted by an applicant for or recipient of a tax4429
credit in connection with the credit. The commissioner shall4430
preserve the confidentiality of the statement or other4431
information.4432

       (H) A taxpayer claiming a tax credit under this section shall 4433
submit to the tax commissioner a copy of the director of4434
development's certificate of verification under division (E)(7) of4435
this section for the taxable year or for the calendar year that 4436
includes the tax period. However, failure to submit a copy of the 4437
certificate does not invalidate a claim for a credit.4438

       (I) For the purposes of this section, a taxpayer may include4439
a partnership, a corporation that has made an election under4440
subchapter S of chapter one of subtitle A of the Internal Revenue4441
Code, or any other business entity through which income flows as a4442
distributive share to its owners. A tax credit received under this 4443
section by a partnership, S-corporation, or other such business 4444
entity shall be apportioned among the persons to whom the income 4445
or profit of the partnership, S-corporation, or other entity is 4446
distributed, in the same proportions as those in which the income 4447
or profit is distributed.4448

       (J) If the director of development determines that a taxpayer 4449
that received a tax credit under this section is not complying 4450
with the requirement under division (E)(4) of this section, the4451
director shall notify the tax credit authority of the4452
noncompliance. After receiving such a notice, and after giving the 4453
taxpayer an opportunity to explain the noncompliance, the4454
authority may terminate the agreement and require the taxpayer to4455
refund to the state all or a portion of the credit claimed in4456
previous years, as follows:4457

        (1) If the taxpayer maintained operations at the project site 4458
for less than the term of the credit, the amount required to be 4459
refunded shall not exceed the amount of any tax credits previously 4460
allowed and received under this section.4461

        (2) If the taxpayer maintained operations at the project site 4462
longer than the term of the credit but less than one and one-half 4463
times the term of the credit, the amount required to be refunded 4464
shall not exceed fifty per cent of the sum of any tax credits 4465
previously allowed and received under this section.4466

        (3) If the taxpayer maintained operations at the project site 4467
for at least one and one-half times the term of the credit but 4468
less than twice the term of the credit, the amount required to be 4469
refunded shall not exceed twenty-five per cent of the sum of any 4470
tax credits previously allowed and received under this section.4471

       In determining the portion of the credit to be refunded to4472
this state, the authority shall consider the effect of market4473
conditions on the taxpayer's project and whether the taxpayer4474
continues to maintain other operations in this state. After making 4475
the determination, the authority shall certify the amount to be 4476
refunded to the tax commissioner. The commissioner shall make an 4477
assessment for that amount against the taxpayer under Chapter 4478
5733. or, 5747., or 5751. of the Revised Code. The time 4479
limitations on assessments under Chapter 5733. or 5747. of the 4480
Revised Codethose chapters do not apply to an assessment under 4481
this division, but the commissioner shall make the assessment 4482
within one year after the date the authority certifies to the 4483
commissioner the amount to be refunded.4484

       If the director of development determines that a taxpayer4485
that received a tax credit under this section has reduced the4486
number of employees agreed to under division (E)(5) of this4487
section by more than ten per cent, the director shall notify the4488
tax credit authority of the noncompliance. After receiving such4489
notice, and after providing the taxpayer an opportunity to explain4490
the noncompliance, the authority may amend the agreement to reduce4491
the percentage or term of the tax credit. The reduction in the4492
percentage or term shall take effect in the taxable year, or in 4493
the calendar year that includes the tax period, in which the 4494
authority amends the agreement.4495

       (K) The director of development, after consultation with the4496
tax commissioner and in accordance with Chapter 119. of the4497
Revised Code, shall adopt rules necessary to implement this4498
section. The rules may provide for recipients of tax credits under 4499
this section to be charged fees to cover administrative costs of 4500
the tax credit program. At the time the director gives public 4501
notice under division (A) of section 119.03 of the Revised Code of 4502
the adoption of the rules, the director shall submit copies of the 4503
proposed rules to the chairpersons of the standing committees on 4504
economic development in the senate and the house of4505
representatives.4506

       (L) On or before the thirty-first day of March of each year,4507
the director of development shall submit a report to the governor,4508
the president of the senate, and the speaker of the house of4509
representatives on the tax credit program under this section. The4510
report shall include information on the number of agreements that4511
were entered into under this section during the preceding calendar4512
year, a description of the project that is the subject of each4513
such agreement, and an update on the status of projects under4514
agreements entered into before the preceding calendar year.4515

       (M)(1) A nonrefundable credit shall be allowed to an 4516
applicable corporation and its related members in an amount equal 4517
to the applicable difference. The credit is in addition to the 4518
credit granted to the corporation or related members under 4519
division (B) of this section. The credit is subject to divisions 4520
(B) to (E) and division (J) of this section.4521

       (2) A person qualifying as an applicable corporation under 4522
this section for a tax year does not necessarily qualify as an 4523
applicable corporation for any other tax year. No person is 4524
entitled to the credit allowed under division (M) of this section 4525
for the tax year immediately following the taxable year during 4526
which the person fails to meet the requirements in divisions 4527
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled 4528
to the credit allowed under division (M) of this section for any 4529
tax year for which the person is not eligible for the credit 4530
provided under division (B) of this section.4531

       Sec. 122.603.  (A)(1) Upon approval by the director of4532
development and after entering into a participation agreement with4533
the department of development, a participating financial4534
institution making a capital access loan shall establish a program4535
reserve account. The account shall be an interest-bearing account4536
and shall contain only moneys deposited into it under the program4537
and the interest payable on the moneys in the account.4538

       (2) All interest payable on the moneys in the program reserve 4539
account shall be added to the moneys and held as an additional4540
loss reserve. The director may require that a portion or all of4541
the accrued interest so held in the account be released to the 4542
department. If the director causes a release of accrued interest, 4543
the director shall deposit the released amount into the capital 4544
access loan program fund created in section 122.601 of the Revised 4545
Code. The director shall not require the release of that accrued4546
interest more than twice in a fiscal year.4547

       (B) When a participating financial institution makes a4548
capital access loan, it shall require the eligible business to pay4549
to the participating financial institution a fee in an amount that4550
is not less than one and one-half per cent, and not more than4551
three per cent, of the principal amount of the loan. The4552
participating financial institution shall deposit the fee into its4553
program reserve account, and it also shall deposit into the4554
account an amount of its own funds equal to the amount of the fee.4555
The participating financial institution may recover from the4556
eligible business all or part of the amount that the participating4557
financial institution is required to deposit into the account4558
under this division in any manner agreed to by the participating4559
financial institution and the eligible business.4560

       (C) For each capital access loan made by a participating4561
financial institution, the participating financial institution4562
shall certify to the director, within a period specified by the4563
director, that the participating financial institution has made4564
the loan. The certification shall include the amount of the loan,4565
the amount of the fee received from the eligible business, the4566
amount of its own funds that the participating financial4567
institution deposited into its program reserve account to reflect4568
that fee, and any other information specified by the director.4569

       (D) OnUpon receipt of each of the first three certifications 4570
from a participating financial institution made under division (C) 4571
of this section and subject to section 122.602 of the Revised 4572
Code, the director shall disburse to the participating financial 4573
institution from the capital access loan program fund an amount 4574
equal to fifty per cent of the principal amount of the particular 4575
capital access loan for deposit into the participating financial 4576
institution's program reserve account. Thereafter, upon receipt of 4577
a certification from that participating financial institution made 4578
under division (C) of this section and subject to section 122.602 4579
of the Revised Code, the director shall disburse to the 4580
participating financial institution from the capital access loan 4581
program fund an amount equal to ten per cent of the principal 4582
amount of the particular capital access loan for deposit into the 4583
participating financial institution's program reserve account. The 4584
disbursement of moneys from the fund to a participating financial 4585
institution does not require approval from the controlling board.4586

       (E) If the amount in a program reserve account exceeds an4587
amount equal to thirty-three per cent of a participating financial4588
institution's outstanding capital access loans, the department may4589
cause the withdrawal of the excess amount and the deposit of the4590
withdrawn amount into the capital access loan program fund.4591

       (F)(1) The department may cause the withdrawal of the total4592
amount in a participating financial institution's program reserve4593
account if any of the following applies:4594

       (a) The financial institution is no longer eligible to4595
participate in the program.4596

       (b) The participation agreement expires without renewal by4597
the department or the financial institution.4598

       (c) The financial institution has no outstanding capital4599
access loans.4600

       (d) The financial institution has not made a capital access4601
loan within the preceding twenty-four months.4602

       (2) If the department causes a withdrawal under division4603
(F)(1) of this section, the department shall deposit the withdrawn4604
amount into the capital access loan program fund.4605

       Sec. 122.71.  As used in sections 122.71 to 122.83 of the4606
Revised Code:4607

       (A) "Financial institution" means any banking corporation,4608
trust company, insurance company, savings and loan association,4609
building and loan association, or corporation, partnership,4610
federal lending agency, foundation, or other institution engaged4611
in lending or investing funds for industrial or business purposes.4612

       (B) "Project" means any real or personal property connected4613
with or being a part of an industrial, distribution, commercial,4614
or research facility to be acquired, constructed, reconstructed,4615
enlarged, improved, furnished, or equipped, or any combination4616
thereof, with the aid provided under sections 122.71 to 122.83 of4617
the Revised Code, for industrial, commercial, distribution, and4618
research development of the state.4619

       (C) "Mortgage" means the lien imposed on a project by a4620
mortgage on real property, or by financing statements on personal4621
property, or a combination of a mortgage and financing statements4622
when a project consists of both real and personal property.4623

       (D) "Mortgagor" means the principal user of a project or the4624
person, corporation, partnership, or association unconditionally4625
guaranteeing performance by the principal user of its obligations4626
under the mortgage.4627

       (E)(1) "Minority business enterprise" means an individual who4628
is a United States citizen and owns and controls a business, or a4629
partnership, corporation, or joint venture of any kind that is4630
owned and controlled by United States citizens, which citizen or4631
citizens are residents of this state and are members of one of the 4632
following economically disadvantaged groups: Blacks or African 4633
Americans, American Indians, Hispanics or Latinos, and Orientals4634
Asians.4635

       (2) "Owned and controlled" means that at least fifty-one per4636
cent of the business, including corporate stock if a corporation,4637
is owned by persons who belong to one or more of the groups set4638
forth in division (E)(1) of this section, and that those owners4639
have control over the management and day-to-day operations of the4640
business and an interest in the capital, assets, and profits and4641
losses of the business proportionate to their percentage of4642
ownership. In order to qualify as a minority business enterprise,4643
a business shall have been owned and controlled by those persons4644
at least one year prior to being awarded a contract pursuant to4645
this section.4646

       (F) "Community improvement corporation" means a corporation4647
organized under Chapter 1724. of the Revised Code.4648

       (G) "Ohio development corporation" means a corporation4649
organized under Chapter 1726. of the Revised Code.4650

       (H) "Minority contractors business assistance organization"4651
means an entity engaged in the provision of management and4652
technical business assistance to minority business enterprise4653
entrepreneurs.4654

       (I) "Minority business supplier development council" means a4655
nonprofit organization established as an affiliate of the national4656
minority supplier development council.4657

       (J) "Regional economic development entity" means an entity 4658
that is under contract with the director of development to 4659
administer a loan program under this chapter in a particular area 4660
of the state.4661

       Sec. 122.72.  (A) There is hereby created the minority4662
development financing advisory board to assist in carrying out the 4663
programs created pursuant to sections 122.71 to 122.89122.90 of 4664
the Revised Code.4665

       (B) The board shall consist of seventen members. The 4666
director of development or the director's designee shall be a 4667
voting member on the board. Seven members shall be appointed by4668
the governor with the advice and consent of the senate and4669
selected because of their knowledge of and experience in4670
industrial, business, and commercial financing, suretyship,4671
construction, and their understanding of the problems of minority4672
business enterprises; one member also shall be a member of the 4673
senate and appointed by the president of the senate, and one 4674
member also shall be a member of the house of representatives and4675
appointed by the speaker of the house of representatives. With 4676
respect to the board, all of the following apply:4677

       (1) Not more than four of the members of the board appointed 4678
by the governor shall be of the same political party.4679

       (2) Each member shall hold office from the date of the 4680
member's appointment until the end of the term for which the 4681
member was appointed.4682

       (3) The terms of office for the seven members appointed by 4683
the governor shall be for seven years, commencing on the first day 4684
of October and ending on the thirtieth day of September of the 4685
seventh year, except that of the original seven members, three 4686
shall be appointed for three years and two shall be appointed for 4687
five years.4688

       (4) Any member of the board is eligible for reappointment.4689

       (5) Any member appointed to fill a vacancy occurring prior to 4690
the expiration of the term for which histhe member's predecessor4691
was appointed shall hold office for the remainder of histhe4692
predecessor's term.4693

       (6) Any member shall continue in office subsequent to the 4694
expiration date of histhe member's term until histhe member's4695
successor takes office, or until a period of sixty days has 4696
elapsed, whichever occurs first.4697

       (7) Before entering upon hisofficial duties as a member of4698
the board, each member shall take an oath as provided by Section 7 4699
of Article XV, Ohio Constitution.4700

       (8) The governor may, at any time, remove any member 4701
appointed by himthe governor pursuant to section 3.04 of the 4702
Revised Code.4703

       (9) Notwithstanding section 101.26 of the Revised Code, 4704
members shall receive their necessary and actual expenses while 4705
engaged in the business of the board and shall be paid at the per 4706
diem rate of step 1 of pay range 31 of section 124.15 of the 4707
Revised Code.4708

       (10) FiveFour members of the board constitute a quorum and 4709
the affirmative vote of five membersa majority of the quorum is 4710
necessary for any action taken by the board.4711

       (11) In the event of the absence of a member appointed by the4712
president of the senate or by the speaker of the house of4713
representatives, either of the following persons may serve in the 4714
member's absence:4715

       (a) The president of the senate or the speaker of the house 4716
of representatives, whoever appointed the absent member;4717

       (b) A member of the senate or of the house of representatives4718
of the same political party as the absent member, as designated by 4719
the president of the senate or the speaker of the house of 4720
representatives, whoever appointed the absent member.4721

       (12) The board shall annually elect one of its members as 4722
chairmanchairperson and another as vice-chairman4723
vice-chairperson.4724

       Sec. 122.73.  (A) The minority development financing advisory 4725
board and the director of development are invested with the powers 4726
and duties provided in sections 122.71 to 122.89122.90 of the 4727
Revised Code, in order to promote the welfare of the people of the 4728
state by encouraging the establishment and expansion of minority 4729
business enterprises,; to stabilize the economy,; to provide 4730
employment,; to assist in the development within the state of 4731
industrial, commercial, distribution, and research activities 4732
required for the people of the state, and for their gainful 4733
employment,; or otherwise to create or preserve jobs and 4734
employment opportunities, or improve the economic welfare of the 4735
people of the state. It is hereby determined that the4736
accomplishment of those purposes is essential so that the people4737
of the state may maintain their present high standards of living4738
in comparison with the people of other states and so that4739
opportunities for employment and for favorable markets for the4740
products of the state's natural resources, agriculture, and4741
manufacturing shall be improved and. It further is determined that 4742
it is necessary for the state to establish the programs authorized 4743
under sections 122.71 to 122.89122.90 of the Revised Code to 4744
establish the minority development financing advisory board, and 4745
to invest it and the director of development with the powers and 4746
duties provided in sections 122.71 to 122.89122.90 of the Revised 4747
Code.4748

       (B) The minority development financing advisory board shall4749
do all of the following:4750

       (1) Make recommendations to the director as to applications 4751
for assistance pursuant to sections 122.71 to 122.89122.90 of the 4752
Revised Code. The board may revise its recommendations to reflect 4753
any changes in the proposed assistance made by the director.4754

       (2) Advise the director in the administration of sections 4755
122.71 to 122.89122.90 of the Revised Code.4756

       (3) Adopt bylaws to govern the conduct of the business of the 4757
board.4758

       Sec. 122.74.  (A)(1) The director of development shall do all 4759
of the following:4760

       (1)(a) Receive applications for assistance under sections 4761
122.71 to 122.89122.90 of the Revised Code, and, after processing 4762
but subject to division (A)(2) of this section, forward them to 4763
the minority development financing advisory board together with 4764
necessary supporting information;4765

       (2)(b) Receive the recommendations of the board and make a 4766
final determination whether to approve the application for 4767
assistance;4768

       (3)(c) Receive recommendations from a regional economic 4769
development entity for loans made under section 122.76 of the 4770
Revised Code and make a final determination, notwithstanding 4771
divisions (A)(1) and (2) of this section, whether to approve the 4772
proposed loan;4773

        (d) Transmit the director's determinations to approve 4774
assistance to the controlling board together with any information 4775
the controlling board requires for its review and decision as to 4776
whether to approve the assistance.4777

       (2) The director is not required to submit any determination, 4778
data, terms, or any other application materials or information to 4779
the minority development financing advisory board when provision 4780
of the assistance has been recommended to the director by a 4781
regional economic development entity.4782

       (B) The director may do all of the following:4783

       (1) Fix the rate of interest and charges to be made upon or 4784
with respect to moneys loaned or guaranteed by the director and 4785
the terms upon which mortgages and lease rentals may be guaranteed 4786
and the rates of charges to be made for them and make provisions 4787
for the operation of the funds established by the director in 4788
accordance with this section and sections 122.80 and, 122.88, and 4789
122.90 of the Revised Code;4790

       (2) Loan and guarantee moneys from the fund established in4791
accordance with section 122.80 of the Revised Code pursuant to and 4792
in compliance with sections 122.71 to 122.89122.90 of the Revised 4793
Code.4794

       (3) Acquire in the name of the director any property of any 4795
kind or character in accordance with sections 122.71 to 122.894796
122.90 of the Revised Code, by purchase, purchase at foreclosure, 4797
or exchange on such terms and in such manner as the director 4798
considers proper;4799

       (4) Make and enter into all contracts and agreements4800
necessary or incidental to the performance of the director's 4801
duties and the exercise of the director's powers under sections 4802
122.71 to 122.89122.90 of the Revised Code;4803

       (5) Maintain, protect, repair, improve, and insure any4804
property that the director has acquired and dispose of it by sale, 4805
exchange, or lease for the consideration and on the terms and in 4806
the manner as the director considers proper, but the director 4807
shall not operate any such property as a business except as the 4808
lessor of it;4809

       (6)(a) When the cost of any contract for the maintenance,4810
protection, repair, or improvement of any property held by the 4811
director, other than compensation for personal services, involves 4812
an expenditure of more than fifty thousand dollars, the director 4813
shall make a written contract with the lowest responsive and 4814
responsible bidder in accordance with section 9.312 of the Revised 4815
Code after advertisement for not less than two consecutive weeks4816
in a newspaper of general circulation in the county where such 4817
contract, or some substantial part of it, is to be performed, and 4818
in such other publications as the director determines, which 4819
notice shall state the general character of the work and the4820
general character of the materials to be furnished, the place 4821
where plans and specifications therefor may be examined, and the 4822
time and place of receiving bids.4823

       (b) Each bid for a contract for the construction, demolition,4824
alteration, repair, or reconstruction of an improvement shall 4825
contain the full name of every person interested in it and meet 4826
the requirements of section 153.54 of the Revised Code.4827

       (c) Each bid for a contract, except as provided in division4828
(B)(6)(b) of this section, shall contain the full name of every 4829
person interested in it and shall be accompanied by bond or 4830
certified check on a solvent bank, in such amount as the director 4831
considers sufficient, that if the bid is accepted a contract will 4832
be entered into and the performance of the proposal secured.4833

       (d) The director may reject any and all bids.4834

       (e) A bond with good and sufficient surety, approved by the4835
director, shall be required of every contractor awarded a contract 4836
except as provided in division (B)(6)(b) of this section, in an 4837
amount equal to at least fifty per cent of the contract price, 4838
conditioned upon faithful performance of the contract.4839

       (7) Employ or contract with financial consultants,4840
appraisers, consulting engineers, superintendents, managers, 4841
construction and accounting experts, attorneys, and other 4842
employees and agents as are necessary in the director's judgment 4843
and fix their compensation;4844

       (8) Receive and accept grants, gifts, and contributions of 4845
money, property, labor, and other things of value to be held, 4846
used, and applied only for the purpose for which suchthe grants, 4847
gifts, and contributions are made, from individuals, private and 4848
public corporations, from the United States or any agency thereof, 4849
from the state or any agency thereof, and from any political 4850
subdivision of the state, and may agree to repay any contribution 4851
of money or to return any property contributed or the value4852
thereof at such times, in such amounts, and on such terms and 4853
conditions, excluding the payment of interest, as the director 4854
determines at the time suchthe contribution is made, and may 4855
evidence suchthe obligations by notes, bonds, or other written 4856
instruments;4857

       (9) Establish with the treasurer of state the funds provided 4858
in sections 122.80 and 122.88 of the Revised Code in addition to 4859
such funds as the director determines are necessary or proper;4860

       (10) Adopt rules under Chapter 119. of the Revised Code4861
necessary to implement sections 122.71 to 122.83122.90 of the 4862
Revised Code.4863

       (11) Do all acts and things necessary or proper to carry out 4864
the powers expressly granted and the duties imposed in sections 4865
122.71 to 122.89122.90 of the Revised Code.4866

       (C)(1) All expenses and obligations incurred by the director 4867
in carrying out the director's powers and in exercising the4868
director's duties under sections 122.71 to 122.89122.90 of the 4869
Revised Code shall be payable solely from revenues or other 4870
receipts or income of the director, from grants, gifts, and 4871
contributions, or funds established in accordance with such 4872
sections. Such sections do not authorize the director to incur 4873
indebtedness or to impose liability on the state or any political 4874
subdivision of the state.4875

       (2) Financial statements and other data submitted to the 4876
director by any corporation, partnership, or person in connection 4877
with financial assistance provided under sections 122.71 to 122.894878
122.90 of the Revised Code, or any information taken from such 4879
statements or data for any purpose, shall not be open to public 4880
inspection.4881

       Sec. 122.75.  The director of development shall, for the4882
minority business development loan program and, the minority4883
business bonding program, and the minority business bond guarantee 4884
program under sections 122.87 to 122.89122.90 of the Revised 4885
Code, do all of the following:4886

       (A) Hire employees, consultants, and agents and fix their4887
compensation;4888

       (B) Adopt bylaws and rules for the regulation of the business 4889
of the minority development financing advisory board;4890

       (C) Receive and accept grants, gifts, and contributions of4891
money, property, labor, and other things of value, to be held,4892
used, and applied only for the purpose for which the grants,4893
gifts, and contributions are made, from individuals, private and4894
public corporations, the United States or any agency of the United 4895
States, the state or any agency of the state, and any political 4896
subdivision of the state. The director may agree to repay any4897
contribution of money or to return any property contributed or its 4898
value at such times, in such amounts, and on such terms and 4899
conditions, excluding the payment of interest, as the director 4900
determines at the time the contribution is made. The director may 4901
evidence the obligations by written contracts, subject to section 4902
122.76 of the Revised Code; provided, that the director shall not 4903
thereby incur indebtedness of or impose liability upon the state 4904
or any political subdivision.4905

       (D) Establish funds with the treasurer of state in addition 4906
to the minority business bonding fund created under section 122.88 4907
of the Revised Code;4908

       (E) Invest money in the funds the director establishes 4909
pursuant to division (D) of this section that is in excess of 4910
current needs, in notes, bonds, or other obligations that are 4911
direct obligations of or are guaranteed by the United States, or 4912
in certificates of deposit or withdrawable accounts of banks, 4913
trust companies, andor savings and loan associations organized 4914
under the laws of this state or the United States, and may credit4915
the income or sell the investments at the director's discretion;4916

       (F) Acquire any property of any kind or character in4917
accordance with sections 122.71 to 122.83 of the Revised Code, by 4918
purchase, purchase at foreclosure, or exchange on terms and in a4919
manner the director considers proper;4920

       (G)(1) Maintain, protect, repair, improve, and insure any4921
property the director has acquired and dispose of it by sale,4922
exchange, or lease for the consideration and on terms and in a 4923
manner the director considers proper. The director may not operate 4924
any property as a business except as a lessor of the property. 4925
When the cost of any contract for the maintenance, protection, 4926
repair, or improvement of any property of the advisory board 4927
connected with the minority business development loan program, 4928
other than compensation for personal services, involves an 4929
expenditure of more than one thousand dollars, the director shall 4930
enter into a written contract with the lowest and best bidder 4931
after advertisement for not less than four consecutive weeks in a 4932
newspaper of general circulation in the county where the contract, 4933
or some substantial part of it, is to be performed, and in other4934
publications as the director determines. The notice shall state4935
the general character of the work and the general character of the 4936
materials to be furnished, the place where plans and4937
specifications for the work and materials may be examined, and the 4938
time and place of receiving bids.4939

       (2) Each bid for a contract for the construction, demolition, 4940
alteration, repair, or reconstruction of an improvement shall 4941
contain the full name of every person interested in it and meet 4942
the requirements of section 153.54 of the Revised Code.4943

       (3) Each bid for a contract, except as provided in division4944
(G)(2) of this section, shall contain the full name of every4945
person interested in it and shall be accompanied by a bond or4946
certified check on a solvent bank, in the amount of ten per cent4947
of the bid, that if the bid is accepted a contract will be entered 4948
into and the performance of its proposal secured. The director may 4949
reject any or all bids. A bond with good and sufficient surety, 4950
approved by the director, shall be required of all contractors in 4951
an amount equal to at least one hundred per cent of the contract 4952
price, conditioned upon faithful performance of the contract.4953

       (H) Expend money appropriated to the department of4954
development by the general assembly for the purposes of sections4955
122.71 to 122.83 and 122.87 to 122.89122.90 of the Revised Code;4956

       (I) Do all acts and things necessary or proper to carry out 4957
the powers expressly granted and the duties imposed in sections 4958
122.71 to 122.83 and 122.87 to 122.89122.90 of the Revised Code.4959

       Sec. 122.751.  The minority development financing advisory 4960
board or a regional economic development entity shall only4961
consider an application for a loan from any applicant after a 4962
certification by the equal employment opportunity coordinator of 4963
the department of administrative services under division (B)(1) of 4964
section 123.151 of the Revised Code that the applicant is a 4965
minority business enterprise, or after a certification by the 4966
minority business supplier development council that the applicant 4967
is a minority business, and that the applicant satisfies all 4968
criteria regarding eligibility for assistance pursuant to section 4969
122.76 of the Revised Code.4970

       Sec. 122.76.  (A) The director of development, with4971
controlling board approval, may lend funds to minority business4972
enterprises and to community improvement corporations, Ohio4973
development corporations, minority contractors business assistance4974
organizations, and minority business supplier development councils 4975
for the purpose of loaning funds to minority business enterprises 4976
and for the purpose of procuring or improving real or personal 4977
property, or both, for the establishment, location, or expansion 4978
of industrial, distribution, commercial, or research facilities in4979
the state, if the director determines, in the director's sole 4980
discretion, that all of the following apply:4981

       (1) The project is economically sound and will benefit the4982
people of the state by increasing opportunities for employment, by4983
strengthening the economy of the state, or expanding minority4984
business enterprises.4985

       (2) The proposed minority business enterprise borrower is4986
unable to finance the proposed project through ordinary financial4987
channels at comparable terms.4988

       (3) The value of the project is or, upon completion, will be 4989
at least equal to the total amount of the money expended in the4990
procurement or improvement of the project, and one or more4991
financial institutions or other governmental entities have loaned4992
not less than thirty per cent of that amount.4993

       (4) The amount to be loaned by the director will not exceed4994
sixty per cent of the total amount expended in the procurement or4995
improvement of the project.4996

       (5) The amount to be loaned by the director will be4997
adequately secured by a first or second mortgage upon the project4998
or by mortgages, leases, liens, assignments, or pledges on or of4999
other property or contracts as the director requires, and such5000
mortgage will not be subordinate to any other liens or mortgages5001
except the liens securing loans or investments made by financial5002
institutions referred to in division (A)(3) of this section, and5003
the liens securing loans previously made by any financial5004
institution in connection with the procurement or expansion of all5005
or part of a project.5006

       (B) Any proposed minority business enterprise borrower5007
submitting an application for assistance under this section shall5008
not have defaulted on a previous loan from the director, and no5009
full or limited partner, major shareholder, or holder of an equity 5010
interest of the proposed minority business enterprise borrower 5011
shall have defaulted on a loan from the director.5012

       (C) The proposed minority business enterprise borrower shall5013
demonstrate to the satisfaction of the director that it is able to5014
successfully compete in the private sector if it obtains the5015
necessary financial, technical, or managerial support and that5016
support is available through the director, the minority business5017
development office of the department of development, or other5018
identified and acceptable sources. In determining whether a5019
minority business enterprise borrower will be able to successfully5020
compete, the director may give consideration to such factors as5021
the successful completion of or participation in courses of study,5022
recognized by the board of regents as providing financial,5023
technical, or managerial skills related to the operation of the5024
business, by the economically disadvantaged individual, owner, or5025
partner, and the prior success of the individual, owner, or5026
partner in personal, career, or business activities, as well as to5027
other factors identified by the director.5028

       (D) The director shall not lend funds for the purpose of5029
procuring or improving motor vehicles, power-driven vehicles,5030
office equipment, raw materials, small tools, supplies,5031
inventories, or accounts receivable.5032

       Sec. 122.77.  (A) The director of development with 5033
controlling board approval may make loan guarantees to small 5034
businesses and corporations for the purpose of guaranteeing loans 5035
made to small businesses by financial institutions for the purpose 5036
of procuring or improving real or personal property, or both, for5037
the establishment, location, or expansion of industrial, 5038
distribution, commercial, or research facilities in the state, if 5039
the director determines, in histhe director's sole discretion, 5040
that all of the following apply:5041

       (1) The project is economically sound and will benefit the 5042
people of the state by increasing opportunities for employment, by 5043
strengthening the economy of the state, or expanding minority 5044
business enterprises;.5045

       (2) The proposed small business borrower is unable to finance 5046
the proposed project through ordinary financial channels at 5047
comparable terms;.5048

       (3) The value of the project is, or upon completion of it 5049
will be, at least equal to the total amount of the money expended 5050
in the procurement or improvement of the project and of which 5051
amount one or more financial institutions or other governmental 5052
entities have loaned not less than thirty per cent;.5053

       (4) The amount to be guaranteed by the director will not 5054
exceed fiftyeighty per cent of the total amount expended in the 5055
procurement or improvement of the project;.5056

       (5) The amount to be guaranteed by the director will be 5057
adequately secured by a first or second mortgage upon the project, 5058
or by mortgages, leases, liens, assignments, or pledges on or of 5059
other property or contracts as the director shall require and that 5060
such mortgage will not be subordinate to any other liens or 5061
mortgages except the liens securing loans or investments made by 5062
financial institutions referred to in division (A)(3) of this5063
section, and the liens securing loans previously made by any 5064
financial institution in connection with the procurement or 5065
expansion of all or part of a project.5066

       (B) The proposed small business borrower shall not have 5067
defaulted on a previous loan or guarantee from the director, and 5068
no full or limited partner, or major shareholder, or holder of any 5069
equity interest of the proposed minority business enterprise 5070
borrower shall have defaulted on a loan or guarantee from the 5071
director.5072

       (C) The proposed small business borrower shall demonstrate to 5073
the satisfaction of the director that it is able to successfully 5074
compete in the private sector if it obtains the necessary 5075
financial, technical, or managerial support and that support is 5076
available through the director, the minority business development 5077
office of the department of development, or other identified and 5078
acceptable sources. In determining whether a small business5079
borrower will be able to successfully compete, the director may 5080
give consideration to such factors as the successful completion of 5081
or participation in courses of study, recognized by the board of 5082
regents as providing financial, technical, or managerial skills 5083
related to the operation of the business, by the economically 5084
disadvantaged individual, owner, or partner, and the prior success 5085
of the individual, owner, or partner in personal, career, or5086
business activities, as well as to other factors identified by the 5087
director.5088

       (D) The director shall not guarantee funds for the purpose of5089
procuring or improving motor vehicles, power driven vehicles, 5090
office equipment, raw materials, small tools, supplies, 5091
inventories, or accounts receivable.5092

       Sec. 122.78.  Fees, charges, rates of interest, times of 5093
payment of interest and principal, and other terms, conditions, 5094
and provisions of the loans and guarantees made by the director of5095
development pursuant to sections 122.71 to 122.89122.90 of the 5096
Revised Code shall be such as the director determines to be 5097
appropriate and in furtherance of the purpose for which the loans 5098
and guarantees are made, but the mortgage lien securing any money 5099
loaned or guaranteed by the director may be subordinate to the 5100
mortgage lien securing any money loaned or invested by a financial 5101
institution, but shall be superior to that securing any money 5102
loaned or expended by any other corporation or person. The funds 5103
used in making these loans or guarantees shall be disbursed upon 5104
order of the director.5105

       Sec. 122.79.  The exercise of the powers granted by sections 5106
122.71 to 122.89122.90 of the Revised Code, will be in all 5107
respects for the benefit of the people of the state, for the 5108
increase of their commerce and prosperity, for the increase and 5109
expansion of minority business enterprises, and for the 5110
improvement of conditions of employment, and will constitute the 5111
performance of essential governmental functions; therefore, the 5112
director of development shall not be required to pay any taxes 5113
upon any property or assets held by himthe director, or upon any 5114
property acquired or used by himthe director under sections 5115
122.71 to 122.89122.90 of the Revised Code, or upon the income 5116
from it, provided that this exemption shall not apply to any5117
property held by the director while it is in the possession of a 5118
private person, partnership, or corporation and used for private5119
purposes for profit, in which case such tax liability shall accrue5120
to suchthe private person, partnership, or corporation.5121

       Sec. 122.82.  All moneys, funds, properties, and assets 5122
acquired by the director of development shall be held by himthe 5123
director in trust to carry out histhe director's powers and 5124
duties, shall be used as provided in sections 122.71 to 122.895125
122.90 of the Revised Code, and shall at no time be part of other 5126
public funds.5127

       Sec. 122.83.  Any person who intentionally misrepresents that 5128
person's self as owning, controlling, operating, or participating 5129
in a minority business enterprise for the purpose of obtaining 5130
funds, contracts, subcontracts, services, or any other benefits 5131
under sections 122.71 to 122.85 or 122.87 to 122.89122.90 of the 5132
Revised Code is guilty of theft by deception, pursuant to section 5133
2913.02 of the Revised Code.5134

       Sec. 123.152. (A) As used in this section, "EDGE business 5135
enterprise" means a sole proprietorship, association, partnership, 5136
corporation, limited liability corporation, or joint venture 5137
certified as a participant in the encouraging diversity, growth, 5138
and equity program by the director of administrative services 5139
under this section of the Revised Code.5140

       (B) The director of administrative services shall establish a 5141
business assistance program known as the encouraging diversity, 5142
growth, and equity program and shall adopt rules in accordance 5143
with Chapter 119. of the Revised Code to administer the program 5144
and that do all of the following:5145

       (1) Establish procedures by which a sole proprietorship, 5146
association, partnership, corporation, limited liability 5147
corporation, or joint venture may apply for certification as an 5148
EDGE business enterprise;5149

       (2) EstablishExcept as provided in division (B)(14) of this 5150
section, establish agency procurement goals for contracting with 5151
EDGE business enterprises in the award of contracts under Chapters 5152
123., 125., and 153. of the Revised Code based on the availability 5153
of eligible program participants by region or geographic area, as 5154
determined by the director, and by standard industrial code or 5155
equivalent code classification. 5156

       (a) Goals established under division (B)(2) of this section 5157
shall be based on a percentage level of participation and a 5158
percentage of contractor availability. 5159

       (b) Goals established under division (B)(2) of this section 5160
shall be applied at the contract level, relative to an overall 5161
dollar goal for each state agency, in accordance with the 5162
following certification categories: construction, architecture, 5163
and engineering; professional services; goods and services; and 5164
information technology services.5165

       (3) Establish a system of certifying EDGE business 5166
enterprises based on a requirement that the business owner or 5167
owners show both social and economic disadvantage based on the 5168
following, as determined to be sufficient by the director:5169

       (a) Relative wealth of the business seeking certification as 5170
well as the personal wealth of the owner or owners of the 5171
business;5172

       (b) Social disadvantage based on any of the following:5173

       (i) A rebuttable presumption when the business owner or 5174
owners demonstrate membership in a racial minority group or show 5175
personal disadvantage due to color, ethnic origin, gender, 5176
physical disability, long-term residence in an environment 5177
isolated from the mainstream of American society, location in an 5178
area of high unemployment;5179

       (ii) Some other demonstration of personal disadvantage not 5180
common to other small businesses;5181

       (iii) By business location in a qualified census tract.5182

       (c) Economic disadvantage based on economic and business size 5183
thresholds and eligibility criteria designed to stimulate economic 5184
development through contract awards to businesses located in 5185
qualified census tracts.5186

       (4) Establish standards to determine when an EDGE business 5187
enterprise no longer qualifies for EDGE business enterprise 5188
certification;5189

       (5) Develop a process for evaluating and adjusting goals 5190
established by this section to determine what adjustments are 5191
necessary to achieve participation goals established by the 5192
director;5193

       (6) Establish a point system or comparable system to evaluate 5194
bid proposals to encourage EDGE business enterprises to 5195
participate in the procurement of professional design and 5196
information technology services;5197

       (7) Establish a system to track data and analyze each 5198
certification category established under division (B)(2)(b) of 5199
this section;5200

       (8) Establish a process to mediate complaints and to review 5201
EDGE business enterprise certification appeals;5202

       (9) Implement an outreach program to educate potential 5203
participants about the encouraging diversity, growth, and equity 5204
program;5205

       (10) Establish a system to assist state agencies in 5206
identifying and utilizing EDGE business enterprises in their 5207
contracting processes;5208

       (11) Implement a system of self-reporting by EDGE business 5209
enterprises as well as an on-site inspection process to validate 5210
the qualifications of an EDGE business enterprise;5211

       (12) Establish a waiver mechanism to waive program goals or 5212
participation requirements for those companies that, despite their 5213
best-documented efforts, are unable to contract with certified 5214
EDGE business enterprises;5215

       (13) Establish a process for monitoring overall program 5216
compliance in which equal employment opportunity officers 5217
primarily are responsible for monitoring their respective 5218
agencies;5219

       (14) Establish guidelines for state universities as defined 5220
in section 3345.011 of the Revised Code and the Ohio school 5221
facilities commission created in section 3318.30 of the Revised 5222
Code for awarding contracts pursuant to Chapters 153., 3318., and 5223
3345. of the Revised Code to allow the universities and commission 5224
to establish agency procurement goals for contracting with EDGE 5225
business enterprises.5226

       (C) Not later than December 31, 2003, the director of 5227
administrative services shall prepare a detailed report to the 5228
governor outlining and evaluating the progress made in 5229
implementing theBusiness and personal financial information and 5230
trade secrets submitted by encouraging diversity, growth, and 5231