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 and	346
correction shall contract for the private operation and management	347
pursuant to this section of the initial intensive program prison	348
established pursuant to section 5120.033 of the Revised Code and	349
may contract for the private operation and management of any other	350
facility under this section. Counties and municipal corporations	351
to the extent authorized in sections 307.93, 341.35, 753.03, and	352
753.15 of the Revised Code, may contract for the private operation	353
and management of a facility under this section. A contract	354
entered into under this section shall be for an initial term of	355
not more than two years, with an option to renew for additional	356
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 or	366
entity that applies to operate and manage a facility as a	367
contractor pursuant to this section shall satisfy one or more of	368
the following criteria:	369

(a) The person or entity is accredited by the American	370
correctional association and, at the time of the application,	371
operates and manages one or more facilities accredited by the	372
American correctional association.	373

(b) The person or entity satisfies all of the minimum	374
criteria and specifications adopted by the department of	375
rehabilitation and correction pursuant to division (A)(2) of this	376
section, provided that this alternative shall be available only in	377
relation to the initial intensive program prison established	378
pursuant to section 5120.033 of the Revised Code.	379

(4) Subject to division (I) of this section, before a public	380
entity may enter into a contract under this section, the	381
contractor shall convincingly demonstrate to the public entity	382
that it can operate the facility with the inmate capacity required	383
by the public entity and provide the services required in this	384
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 the	387
projected cost to the public entity of providing these same	388
services to operate the facility that is the subject of the	389
contract. No out-of-state prisoners may be housed in any facility	390
that is the subject of a contract entered into under this section.	391

(B) Subject to division (I) of this section, any contract	392
entered into under this section shall include all of the	393
following:	394

(1) A requirement that the contractor retain the contractor's	395
accreditation from the American correctional association	396
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 division	400
(A)(2) of this section;	401

(2) A requirement that all of the following conditions be	402
met:	403

(a) The contractor begins the process of accrediting the	404
facility with the American correctional association no later than	405
sixty days after the facility receives its first inmate.	406

(b) The contractor receives accreditation of the facility	407
within twelve months after the date the contractor applies to the	408
American correctional association for accreditation.	409

(c) Once the accreditation is received, the contractor	410
maintains it for the duration of the contract term.	411

(d) If the contractor does not comply with divisions	412
(B)(2)(a) to (c) of this section, the contractor is in violation	413
of the contract, and the public entity may revoke the contract at	414
its discretion.	415

(3) A requirement that the contractor comply with all rules	416
promulgated by the department of rehabilitation and correction	417
that apply to the operation and management of correctional	418
facilities, including the minimum standards for jails in Ohio and	419
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 the	422
federal, state, and local governments, including, but not limited	423
to, sanitation, food service, safety, and health regulations. The	424
contractor shall be required to send copies of reports of	425
inspections completed by the appropriate authorities regarding	426
compliance with rules and regulations to the director of	427
rehabilitation and correction or the director's designee and, if	428
contracting with a local public entity, to the governing authority	429
of that entity.	430

(4) A requirement that the contractor report for	431
investigation all crimes in connection with the facility to the	432
public entity, to all local law enforcement agencies with	433
jurisdiction over the place at which the facility is located, and,	434
for a crime committed at a state correctional institution, to the	435
state highway patrol;	436

(5) A requirement that the contractor immediately report all	437
escapes from the facility, and the apprehension of all escapees,	438
by telephone and in writing to all local law enforcement agencies	439
with jurisdiction over the place at which the facility is located,	440
to the prosecuting attorney of the county in which the facility is	441
located, to the state highway patrol, to a daily newspaper having	442
general circulation in the county in which the facility is	443
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 state	449
correctional institution, the contractor provide a written report	450
within specified time limits to the director of rehabilitation and	451
correction or the director's designee of all unusual incidents at	452
the facility as defined in rules promulgated by the department of	453
rehabilitation and correction or, if the facility is a local	454
correctional institution, that the contractor provide a written	455
report of all unusual incidents at the facility to the governing	456
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 state	460
correctional institutions, or pursuant to the minimum standards	461
for jails along with any additional standards established by the	462
local public entity, for local correctional institutions, and that	463
records pertaining to these funds be made available to	464
representatives of the public entity for review or audit;	465

(8) A requirement that the contractor prepare and distribute	466
to the director of rehabilitation and correction or, if	467
contracting with a local public entity, to the governing authority	468
of the local entity, annual budget income and expenditure	469
statements and funding source financial reports;	470

(9) A requirement that the public entity appoint and	471
supervise a full-time contract monitor, that the contractor	472
provide suitable office space for the contract monitor at the	473
facility, and that the contractor allow the contract monitor	474
unrestricted access to all parts of the facility and all records	475
of the facility except the contractor's financial records;	476

(10) A requirement that if the facility is a state	477
correctional institution, designated department of rehabilitation	478
and correction staff members be allowed access to the facility in	479
accordance with rules promulgated by the department;	480

(11) A requirement that the contractor provide internal and	481
perimeter security as agreed upon in the contract;	482

(12) If the facility is a state correctional institution, a	483
requirement that the contractor impose discipline on inmates	484
housed in a state correctional institution, only in accordance	485
with rules promulgated by the department of rehabilitation and	486
correction;	487

(13) A requirement that the facility be staffed at all times	488
with a staffing pattern approved by the public entity and adequate	489
both to ensure supervision of inmates and maintenance of security	490
within the facility, and to provide for programs, transportation,	491
security, and other operational needs. In determining security	492
needs, the contractor shall be required to consider, among other	493
things, the proximity of the facility to neighborhoods and	494
schools.	495

(14) If the contract is with a local public entity, a	496
requirement that the contractor provide services and programs,	497
consistent with the minimum standards for jails promulgated by the	498
department of rehabilitation and correction under section 5120.10	499
of the Revised Code;	500

(15) A clear statement that no immunity from liability	501
granted to the state, and no immunity from liability granted to	502
political subdivisions under Chapter 2744. of the Revised Code,	503
shall extend to the contractor or any of the contractor's	504
employees;	505

(16) A statement that all documents and records relevant to	506
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 on	510
the contractor from a schedule of fines included in the contract	511
for the contractor's failure to perform its contractual duties, or	512
to cancel the contract, as the public entity considers	513
appropriate. If a fine is imposed, the public entity may reduce	514
the payment owed to the contractor pursuant to any invoice in the	515
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 or	521
more prison industries at a facility operated and managed by a	522
contractor for the department;	523

(20) A requirement that, if the facility is an intensive	524
program prison established pursuant to section 5120.033 of the	525
Revised Code, the facility shall comply with all criteria for	526
intensive program prisons of that type that are set forth in that	527
section;	528

(21) If the institution is a state correctional institution,	529
a requirement that the contractor provide clothing for all inmates	530
housed in the facility that is conspicuous in its color, style, or	531
color and style, that conspicuously identifies its wearer as an	532
inmate, and that is readily distinguishable from clothing of a	533
nature that normally is worn outside the facility by non-inmates,	534
that the contractor require all inmates housed in the facility to	535
wear the clothing so provided, and that the contractor not permit	536
any inmate, while inside or on the premises of the facility or	537
while being transported to or from the facility, to wear any	538
clothing of a nature that does not conspicuously identify its	539
wearer as an inmate and that normally is worn outside the facility	540
by non-inmates.	541

(C) No contract entered into under this section may require,	542
authorize, or imply a delegation of the authority or	543
responsibility of the public entity to a contractor for any of the	544
following:	545

(1) Developing or implementing procedures for calculating	546
inmate release and parole eligibility dates and recommending the	547
granting or denying of parole, although the contractor may submit	548
written reports that have been prepared in the ordinary course of	549
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 be	553
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 offense	556
committed prior to July 1, 1996, or for a misdemeanor offense,	557
developing or implementing procedures for calculating and awarding	558
good time, approving the good time, if any, that may be awarded to	559
inmates engaging in work, and granting, denying, or revoking good	560
time;	561

(4) For inmates serving a term imposed for a felony offense	562
committed on or after July 1, 1996, extending an inmate's term	563
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 public	566
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 state	582
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 of	587
cancellation. The contractor may not self-insure.	588

A contractor that has been approved to operate a facility	589
under this section, and a person or entity that enters into a	590
contract for specialized services, as described in division (I) of	591
this section, relative to an intensive program prison established	592
pursuant to section 5120.033 of the Revised Code to be operated by	593
a contractor that has been approved to operate the prison under	594
this section, shall indemnify and hold harmless the state, its	595
officers, agents, and employees, and any local government entity	596
in the state having jurisdiction over the facility or ownership of	597
the facility, shall reimburse the state for its costs in defending	598
the state or any of its officers, agents, or employees, and shall	599
reimburse any local government entity of that nature for its costs	600
in defending the local government entity, from all of the	601
following:	602

(1) Any claims or losses for services rendered by the	603
contractor, person, or entity performing or supplying services in	604
connection with the performance of the contract;	605

(2) Any failure of the contractor, person, or entity or its	606
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 arising	612
out of the contractor's, person's, or entity's activities in this	613
state;	614

(5) Any attorney's fees or court costs arising from any	615
habeas corpus actions or other inmate suits that may arise from	616
any event that occurred at the facility or was a result of such an	617
event, or arise over the conditions, management, or operation of	618
the facility, which fees and costs shall include, but not be	619
limited to, attorney's fees for the state's representation and for	620
any court-appointed representation of any inmate, and the costs of	621
any special judge who may be appointed to hear those actions or	622
suits.	623

(E) Private correctional officers of a contractor operating	624
and managing a facility pursuant to a contract entered into under	625
this section may carry and use firearms in the course of their	626
employment only after being certified as satisfactorily completing	627
an approved training program as described in division (A) of	628
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 a	631
contract entered into under this section, the department of	632
rehabilitation and correction and state and local law enforcement	633
agencies shall use all reasonable means to recapture escapees or	634
quell any disturbance. Any cost incurred by the state or its	635
political subdivisions relating to the apprehension of an escapee	636
or the quelling of a disturbance at the facility shall be	637
chargeable to and borne by the contractor. The contractor shall	638
also reimburse the state or its political subdivisions for all	639
reasonable costs incurred relating to the temporary detention of	640
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 pursuant	647
to a contract entered into under this section shall pay any inmate	648
workers at the facility at the rate approved by the public entity.	649
Inmates working at the facility shall not be considered employees	650
of the contractor.	651

(I) In contracting for the private operation and management	652
pursuant to division (A) of this section of the initial intensive	653
program prison established pursuant to section 5120.033 of the	654
Revised Code or of any other intensive program prison established	655
pursuant to that section, the department of rehabilitation and	656
correction may enter into a contract with a contractor for the	657
general operation and management of the prison and may enter into	658
one or more separate contracts with other persons or entities for	659
the provision of specialized services for persons confined in the	660
prison, including, but not limited to, security or training	661
services or medical, counseling, educational, or similar treatment	662
programs. If, pursuant to this division, the department enters	663
into a contract with a contractor for the general operation and	664
management of the prison and also enters into one or more	665
specialized service contracts with other persons or entities, all	666
of the following apply:	667

(1) The contract for the general operation and management	668
shall comply with all requirements and criteria set forth in this	669
section, and all provisions of this section apply in relation to	670
the prison operated and managed pursuant to the contract.	671

(2) Divisions (A)(2), (B), and (C) of this section do not	672
apply in relation to any specialized services contract, except to	673
the extent that the provisions of those divisions clearly are	674
relevant to the specialized services to be provided under the	675
specialized services contract. Division (D) of this section	676
applies in relation to each specialized services contract.	677

(J) As used in this section:

678

(1) "Public entity" means the department of rehabilitation	679
and correction, or a county or municipal corporation or a	680
combination of counties and municipal corporations, that has	681
jurisdiction over a facility that is the subject of a contract	682
entered into under this section.	683

(2) "Local public entity" means a county or municipal	684
corporation, or a combination of counties and municipal	685
corporations, that has jurisdiction over a jail, workhouse, or	686
other correctional facility used only for misdemeanants that is	687
the subject of a contract entered into under this section.	688

(3) "Governing authority of a local public entity" means, for	689
a county, the board of county commissioners; for a municipal	690
corporation, the legislative authority; for a combination of	691
counties and municipal corporation, all the boards of county	692
commissioners and municipal legislative authorities that joined to	693
create the facility.	694

(4) "Contractor" means a person or entity that enters into a	695
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 or	700
facility used only for misdemeanants, or a state correctional	701
institution, that is the subject of a contract entered into under	702
this section.	703

(6) "Person or entity" in the case of a contract for the	704
private operation and management of a state correctional	705
institution, includes an employee organization, as defined in	706
section 4117.01 of the Revised Code, that represents employees at	707
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, "political	850
subdivision" means a municipal corporation, township, county,	851
school district, or other body corporate and politic responsible	852
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-insurance	859
program with public moneys to provide authorized health care	860
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 with	869
division (C) of this section, join in any combination with other	870
political subdivisions to establish and maintain a joint	871
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 this	880
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 the	883
exercise of sound and prudent actuarial judgment, to cover	884
potential cost of health care benefits for the officers and	885
employees of the political subdivision. A report of amounts so	886
reserved and disbursements made from such funds, together with a	887
written report of a member of the American academy of actuaries	888
certifying whether the amounts reserved conform to the	889
requirements of this division, are computed in accordance with	890
accepted loss reserving standards, and are fairly stated in	891
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 administrator	895
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 the	898
administration of the program, including claims paid, costs of the	899
legal representation of political subdivisions and employees, and	900
fees paid to consultants.	901

The program administrator described in division (C)(3) of	902
this section shall make the report required by this division	903
available for inspection by any person at all reasonable times	904
during regular business hours, and, upon the request of such	905
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 or	911
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 loss	920
experience.	921

(3) A contract may be awarded, without the necessity of	922
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 shall	944
include a contract with a member of the American academy of	945
actuaries for the preparation of the written evaluation of the	946
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 political	955
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 cost	958
containment program, including, but not limited to, the employment	959
of risk managers, health care cost containment specialists, and	960
consultants, for the purpose of preventing and reducing health	961
care costs covered by insurance, individual self-insurance, or	962
joint self-insurance programs.	963

(8) A political subdivision is not liable under a joint	964
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 notes	989
under this section, a political subdivision may elect to issue	990
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 of	993
the bonds may be for any period authorized in the ordinance or	994
resolution not exceeding twenty years, which period shall be the	995
maximum maturity of the bonds for purposes of section 133.22 of	996
the Revised Code.	997

Bonds and notes issued under this section shall not be	998
considered in calculating the net indebtedness of the political	999
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	1000
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	1001
hereby made applicable to bonds or notes authorized under this	1002
section.	1003

(10) A joint self-insurance program is not an insurance	1004
company. Its operation does not constitute doing an insurance	1005
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 not	1011
apply to individual self-insurance programs in municipal	1012
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 an	1032
insurer or insurers licensed to do business by the state of Ohio	1033
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 in	1051
regulated investment company stock for the purpose of providing	1052
retirement benefits as described in section 403(b)(7) of the	1053
Internal Revenue Code of 1954, as amended. Such stock shall be	1054
purchased only from persons authorized to sell such stock in this	1055
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 charge	1065
therefor may be paid in such other manner or combination of	1066
manners as the governing board or the school board may determine,	1067
including direct payment by the employee in cases under division	1068
(A)(1) of this section, and, if authorized in writing by the	1069
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 of	1076
premiums therefor by the governing board or the school board from	1077
its funds, and such group life insurance may be so issued and	1078
purchased if otherwise consistent with the provisions of sections	1079
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 the	1287
general assembly under a law not cited in division (A) of this	1288
section, to the members of the general assembly, to one house of	1289
the general assembly, or to the members of one house of the	1290
general assembly, the requirement shall be fulfilled by the	1291
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 shall	1307
provide to each member of the senate and to each member of the	1308
house of representatives a list of all reports, recommendations,	1309
and documents submitted to the officers of the general assembly	1310
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 legislative	1315
service commission a copy of any report, recommendation, or	1316
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 financial	1330
benefit. "Compensation" does not include reimbursement for actual	1331
and necessary expenses incurred in the performance of official	1332
duties.	1333

(B) "Public official or employee" means any person who is	1334
elected or appointed to an office or is an employee of any public	1335
agency. "Public official or employee" does not include a person	1336
elected or appointed to the office of precinct, ward, or district	1337
committee member under section 3517.03 of the Revised Code, any	1338
presidential elector, or any delegate to a national convention.	1339
"Public official or employee" does not include a person who is a	1340
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 a	1346
county, city, village, or township, the five state retirement	1347
systems, or any other governmental entity. "Public agency" does	1348
not include a department, division, institution, board,	1349
commission, authority, or other instrumentality of the state or a	1350
county, municipal corporation, township, or other governmental	1351
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 are	1355
uncompensated.	1356

(D) "Immediate family" means a spouse residing in the	1357
person's household and any dependent child.	1358

(E) "Income" includes gross income as defined and used in the	1359
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	1360
amended, interest and dividends on obligations or securities of	1361
any state or of any political subdivision or authority of any	1362
state or political subdivision, and interest or dividends on	1363
obligations of any authority, commission, or instrumentality of	1364
the United States.	1365

(F) Except as otherwise provided in division (A) of section	1366
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 legislative	1369
service commission, employees of the capitol square review and	1370
advisory board, and candidates for the office of member of the	1371
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 on	1374
grievances and discipline of the supreme court;	1375

(3) For matters relating to all other persons, the Ohio	1376
ethics commission.	1377

(G) "Anything of value" has the same meaning as provided in	1378
section 1.03 of the Revised Code and includes, but is not limited	1379
to, a contribution as defined in section 3517.01 of the Revised	1380
Code.	1381

(H) "Honorarium" means any payment made in consideration for	1382
any speech given, article published, or attendance at any public	1383
or private conference, convention, meeting, social event, meal, or	1384
similar gathering. "Honorarium" does not include ceremonial gifts	1385
or awards that have insignificant monetary value; unsolicited	1386
gifts of nominal value or trivial items of informational value; or	1387
earned income from any person, other than a legislative agent, for	1388
personal services that are customarily provided in connection with	1389
the practice of a bona fide business, if that business initially	1390
began before the public official or employee conducting that	1391
business was elected or appointed to the public official's or	1392
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 square	1407
review and advisory board, consisting of thirteen members as	1408
follows:	1409

(1) Two members of the senate, appointed by the president of	1410
the senate, both of whom shall not be members of the same	1411
political party;	1412

(2) Two members of the house of representatives, appointed by	1413
the speaker of the house of representatives, both of whom shall	1414
not be members of the same political party;	1415

(3) Five members appointed by the governor, with the advice	1416
and consent of the senate, not more than three of whom shall be	1417
members of the same political party, one of whom shall represent	1418
the office of the state architect and engineer, one of whom shall	1419
represent the Ohio arts council, one of whom shall represent the	1420
Ohio historical society, one of whom shall represent the Ohio	1421
building authority, and one of whom shall represent the public at	1422
large;	1423

(4) One member, who shall be a former president of the	1424
senate, appointed by the current president of the senate. If the	1425
current president of the senate, in the current president's	1426
discretion, decides for any reason not to make the appointment or	1427
if no person is eligible or available to serve, the seat shall	1428
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 of	1432
representatives, in the current speaker's discretion, decides for	1433
any reason not to make the appointment or if no person is eligible	1434
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 board	1438
shall be for three years, except that members of the general	1439
assembly appointed to the board shall be members of the board only	1440
so long as they are members of the general assembly. Each member	1441
shall hold office from the date of the member's appointment until	1442
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, the	1444
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 times	1455
prescribed by the rules adopted by the board. A majority of the	1456
board constitutes a quorum, and no action shall be taken by the	1457
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 the	1468
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 accomplish	1472
the duties of the board as set forth in this section;	1473

(4) Sponsor, conduct, and support such social events as the	1474
board may authorize and consider appropriate for the employees of	1475
the board, employees and members of the general assembly,	1476
employees of persons under contract with the board or otherwise	1477
engaged to perform services on the premises of capitol square, or	1478
other persons as the board may consider appropriate. Subject to	1479
the requirements of Chapter 4303. of the Revised Code, the board	1480
may provide beer, wine, and intoxicating liquor, with or without	1481
charge, for those events and may use funds only from the sale of	1482
goods and services fund to purchase the beer, wine, and	1483
intoxicating liquor the board provides.	1484

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

1485

(1) Have sole authority to coordinate and approve any	1486
improvements, additions, and renovations that are made to the	1487
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, operate	1491
the capitol square, and have sole authority to regulate all uses	1492
of the capitol square. The uses shall include, but not be limited	1493
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. The	1502
capitol collection trust shall consist of furniture, antiques, and	1503
other items of personal property that the board shall store in	1504
suitable facilities until they are ready to be placed in the	1505
capitol square.	1506

(5) Perform repair, construction, contracting, purchasing,	1507
maintenance, supervisory, and operating activities the board	1508
determines are necessary for the operation and maintenance of the	1509
capitol square;	1510

(6) Maintain and preserve the capitol square, in accordance	1511
with guidelines issued by the United States secretary of the	1512
interior for application of the secretary's standards for	1513
rehabilitation adopted in 36 C.F.R. part 67.	1514

(F)(1) The board shall lease capital facilities improved or	1515
financed by the Ohio building authority pursuant to Chapter 152.	1516
of the Revised Code for the use of the board, and may enter into	1517
any other agreements with the authority ancillary to improvement,	1518
financing, or leasing of those capital facilities, including, but	1519
not limited to, any agreement required by the applicable bond	1520
proceedings authorized by Chapter 152. of the Revised Code. Any	1521
lease of capital facilities authorized by this section shall be	1522
governed by division (D) of section 152.24 of the Revised Code.	1523

(2) Fees, receipts, and revenues received by the board from	1524
the state underground parking garage constitute available receipts	1525
as defined in section 152.09 of the Revised Code, and may be	1526
pledged to the payment of bond service charges on obligations	1527
issued by the Ohio building authority pursuant to Chapter 152. of	1528
the Revised Code to improve or finance capital facilities useful	1529
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 portion	1531
of those fees, receipts, and revenues as the authority determines.	1532
The authority may provide in the bond proceedings or by separate	1533
agreement with the board for the transfer of those fees, receipts,	1534
and revenues to the appropriate bond service fund or bond service	1535
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 account	1540
of the board and required by the applicable bond proceedings or by	1541
separate agreement with the board to be deposited, transferred, or	1542
credited to the bond service fund or bond service reserve fund	1543
established by the bond proceedings shall be transferred by the	1544
treasurer of state to such fund, whether or not it is in the	1545
custody of the treasurer of state, without necessity for further	1546
appropriation, upon receipt of notice from the Ohio building	1547
authority as prescribed in the bond proceedings.	1548

(G) All fees, receipts, and revenues received by the board	1549
from the state underground parking garage shall be deposited into	1550
the state treasury to the credit of the underground parking garage	1551
operating fund, which is hereby created, to be used for the	1552
purposes specified in division (F) of this section and for the	1553
operation and maintenance of the garage. All investment earnings	1554
of the fund shall be credited to the fund.	1555

(H) All donations received by the board shall be deposited	1556
into the state treasury to the credit of the capitol square	1557
renovation gift fund, which is hereby created. The fund shall be	1558
used by the board as follows:	1559

(1) To provide part or all of the funding related to	1560
construction, goods, or services for the renovation of the capitol	1561
square;	1562

(2) To purchase art, antiques, and artifacts for display at	1563
the capitol square;	1564

(3) To award contracts or make grants to organizations for	1565
educating the public regarding the historical background and	1566
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 this	1572
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 pay	1581
construction, renovation, and other costs related to the capitol	1582
square for which money is not otherwise available to the board.	1583
Whenever the board determines that there is a need to incur those	1584
costs and that the unencumbered, unobligated balance to the credit	1585
of the underground parking garage operating fund exceeds the	1586
amount needed for the purposes specified in division (F) of this	1587
section and for the operation and maintenance of the garage, the	1588
board may request the director of budget and management to	1589
transfer from the underground parking garage operating fund to the	1590
capitol square improvement fund the amount needed to pay such	1591
construction, renovation, or other costs. The director then shall	1592
transfer the amount needed from the excess balance of the	1593
underground parking garage operating fund.	1594

(K) As the operation and maintenance of the capitol square	1595
constitute essential government functions of a public purpose, the	1596
board shall not be required to pay taxes or assessments upon the	1597
square, upon any property acquired or used by the board under this	1598
section, or upon any income generated by the operation of the	1599
square.	1600

(L) As used in this section, "capitol square" means the	1601
capitol building, senate building, capitol atrium, capitol	1602
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, or	1612
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 of	1623
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 subsequent	1629
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 other	1650
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 to	1658
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 the	1668
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 an	1673
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 by	1676
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 the	1692
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 assist	1712
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 division	1718
(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 any	1732
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 the	1738
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 every	1753
county, multicounty, municipal, municipal-county, or	1754
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 adjudicated	1767
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, and	1777
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 the	1785
superintendent pursuant to division (A) of this section and	1786
information and materials furnished to any board or person under	1787
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 accordance	1790
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 employment	1796
position has been convicted of or pleaded guilty to an offense	1797
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, "head	1801
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 that	1806
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 3310.11	1809
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 a	1813
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 and	1826
determine, with respect to any individual who has applied for	1827
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 school	1851
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 are	1856
presented by an individual applying for employment with the	1857
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 of	1868
education, any information that a school district board of	1869
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 community	1879
reading improvement grant paid under section 3301.86 or 3301.87 of	1880
the Revised Code or an entity approved by the OhioReads council	1881
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 of	1885
education is authorized to request under division (F)(2)(a) of	1886
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 chief	1894
administrator of a PASSPORT agency that provides services through	1895
the PASSPORT program created under section 173.40 of the Revised	1896
Code, home health agency, hospice care program, home licensed	1897
under Chapter 3721. of the Revised Code, adult day-care program	1898
operated pursuant to rules adopted under section 3721.04 of the	1899
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 providing	1903
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, the	1906
superintendent shall determine whether that information exists	1907
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 any	1919
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 for	1926
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 the	2300
office of the attorney general the crime victims assistance	2301
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 Ohio	2307
victim-witness association; three members who represent local	2308
victim assistance programs, including one from a municipally	2309
operated program and one from a county-operated program; one	2310
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 the	2326
president of the senate, and one member of the house of	2327
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 perform	2341
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 assistance	2348
office the victim assistance programs that should be considered	2349
for the receipt of state financial assistance pursuant to section	2350
109.92 of the Revised Code. The financial assistance allocation	2351
recommendations of the committee shall be based on the following	2352
priorities:	2353

(a) Programs in existence on July 1, 1985, shall be given	2354
first priority;	2355

(b) Programs offering or proposing to offer the broadest	2356
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 or	2365
delinquent act that would be an offense of violence if committed	2366
by an adult;	2367

(2) Financial assistance or property repair services to	2368
victims of crime or delinquent acts;	2369

(3) Assistance to victims of crime or delinquent acts in	2370
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 division	2374
(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 that	2377
provide services to victims of crime or delinquent acts under the	2378
operation of a branch of the criminal justice system set forth in	2379
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 the	2411
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 any	2422
cost-effective, convenient method accessible to the auditor of	2423
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, when	2532
designated by the court or requested by a county public defender	2533
or joint county public defender, may provide legal representation	2534
in all courts throughout the state to indigent adults and	2535
juveniles who are charged with the commission of an offense or act	2536
for which the penalty or any possible adjudication includes the	2537
potential loss of liberty.	2538

(2) The state public defender may provide legal	2539
representation to any indigent person who, while incarcerated in	2540
any state correctional institution, is charged with a felony	2541
offense, for which the penalty or any possible adjudication that	2542
may be imposed by a court upon conviction includes the potential	2543
loss of liberty.	2544

(3) The state public defender may provide legal	2545
representation to any person incarcerated in any correctional	2546
institution of the state, in any matter in which the person	2547
asserts the person is unlawfully imprisoned or detained.	2548

(4) The state public defender, in any case in which the state	2549
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 court	2553
or requested by a county public defender, joint county public	2554
defender, or the director of rehabilitation and correction, shall	2555
provide legal representation in parole and probation revocation	2556
matters or matters relating to the revocation of community control	2557
or post-release control under a community control sanction or	2558
post-release control sanction, unless the state public defender	2559
finds that the alleged parole or probation violator or alleged	2560
violator of a community control sanction or post-release control	2561
sanction has the financial capacity to retain the alleged	2562
violator's own counsel.	2563

(6) If the state public defender contracts with a county	2564
public defender commission, a joint county public defender	2565
commission, or a board of county commissioners for the provision	2566
of services, under authority of division (C)(7) of section 120.04	2567
of the Revised Code, the state public defender shall provide legal	2568
representation in accordance with the contract.	2569

(B) The state public defender shall not be required to	2570
prosecute any appeal, postconviction remedy, or other proceeding	2571
pursuant to division (A)(3), (4), or (5) of this section, unless	2572
the state public defender first is satisfied that there is	2573
arguable merit to the proceeding.	2574

(C) A court may appoint counsel or allow an indigent person	2575
to select the indigent's own personal counsel to assist the state	2576
public defender as co-counsel when the interests of justice so	2577
require. When co-counsel is appointed to assist the state public	2578
defender, the co-counsel shall receive any compensation that the	2579
court may approve, not to exceed the amounts provided for in	2580
section 2941.51 of the Revised Code.	2581

(D)(1) When the state public defender is designated by the	2582
court or requested by a county public defender or joint county	2583
public defender to provide legal representation for an indigent	2584
person in any case, other than pursuant to a contract entered into	2585
under authority of division (C)(7) of section 120.04 of the	2586
Revised Code, the state public defender shall send to the county	2587
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 sections	2630
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	2631
that pertains to representation by the attorney general, an	2632
assistant attorney general, or special counsel of an officer or	2633
employee, as defined in section 109.36 of the Revised Code, or of	2634
an entity of state government, the state public defender may elect	2635
to contract with, and to have the state pay pursuant to division	2636
(E)(2) of this section for the services of, private legal counsel	2637
to represent the Ohio public defender commission, the state public	2638
defender, assistant state public defenders, other employees of the	2639
commission or the state public defender, and attorneys described	2640
in division (C) of section 120.41 of the Revised Code in a	2641
malpractice or other civil action or proceeding that arises from	2642
alleged actions or omissions related to responsibilities derived	2643
pursuant to this chapter, or in a civil action that is based upon	2644
alleged violations of the constitution or statutes of the United	2645
States, including section 1983 of Title 42 of the United States	2646
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	2647
arises from alleged actions or omissions related to	2648
responsibilities derived pursuant to this chapter, if the state	2649
public defender determines, in good faith, that the defendant in	2650
the civil action or proceeding did not act manifestly outside the	2651
scope of the defendant's employment or official responsibilities,	2652
with malicious purpose, in bad faith, or in a wanton or reckless	2653
manner. If the state public defender elects not to contract	2654
pursuant to this division for private legal counsel in a civil	2655
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, the	2657
attorney general shall represent or provide for the representation	2658
of the Ohio public defender commission, the state public defender,	2659
assistant state public defenders, other employees of the	2660
commission or the state public defender, or attorneys described in	2661
division (C) of section 120.41 of the Revised Code in the civil	2662
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 attorney	2669
general a copy of the contract; a request for an award of legal	2670
fees, court costs, and expenses earned or incurred in connection	2671
with the defense of the Ohio public defender commission, the state	2672
public defender, an assistant state public defender, an employee,	2673
or an attorney in a specified civil action or proceeding; a	2674
written itemization of those fees, costs, and expenses, including	2675
the signature of the state public defender and the state public	2676
defender's attestation that the fees, costs, and expenses were	2677
earned or incurred pursuant to division (E)(1) of this section to	2678
the best of the state public defender's knowledge and information;	2679
a written statement whether the fees, costs, and expenses are for	2680
all legal services to be rendered in connection with that defense,	2681
are only for legal services rendered to the date of the request	2682
and additional legal services likely will have to be provided in	2683
connection with that defense, or are for the final legal services	2684
rendered in connection with that defense; a written statement	2685
indicating whether the private legal counsel previously submitted	2686
a request for an award under division (E)(2) of this section in	2687
connection with that defense and, if so, the date and the amount	2688
of each award granted; and, if the fees, costs, and expenses are	2689
for all legal services to be rendered in connection with that	2690
defense or are for the final legal services rendered in connection	2691
with that defense, a certified copy of any judgment entry in the	2692
civil action or proceeding or a signed copy of any settlement	2693
agreement entered into between the parties to the civil action or	2694
proceeding.	2695

(ii) Upon receipt of a request for an award of legal fees,	2696
court costs, and expenses and the requisite supportive	2697
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 division	2700
(E)(2)(b) of this section apply to the request; and, if an award	2701
of legal fees, court costs, or expenses is permissible after	2702
applying the limitations, prepare a document awarding legal fees,	2703
court costs, or expenses to the private legal counsel. The	2704
document shall name the private legal counsel as the recipient of	2705
the award; specify the total amount of the award as determined by	2706
the attorney general; itemize the portions of the award that	2707
represent legal fees, court costs, and expenses; specify any	2708
limitation applied pursuant to division (E)(2)(b) of this section	2709
to reduce the amount of the award sought by the private legal	2710
counsel; state that the award is payable from the state treasury	2711
pursuant to division (E)(2)(a)(iii) of this section; and be	2712
approved by the inclusion of the signatures of the attorney	2713
general, the state public defender, and the private legal counsel.	2714

(iii) The attorney general shall forward a copy of the	2715
document prepared pursuant to division (E)(2)(a)(ii) of this	2716
section to the director of budget and management. The award of	2717
legal fees, court costs, or expenses shall be paid out of the	2718
state public defender's appropriations, to the extent there is a	2719
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 or	2725
contingencies in an amount equal to the portion of the award that	2726
exceeds the sufficient available balance in the state public	2727
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 of	2733
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 expenses	2751
pursuant to division (E) of this section is subject to the	2752
following limitations:	2753

(i) The maximum award or maximum aggregate of a series of	2754
awards of legal fees, court costs, and expenses to the private	2755
legal counsel in connection with the defense of the Ohio public	2756
defender commission, the state public defender, an assistant state	2757
public defender, an employee, or an attorney in a specified civil	2758
action or proceeding shall not exceed fifty thousand dollars.	2759

(ii) The private legal counsel shall not be awarded legal	2760
fees, court costs, or expenses to the extent the fees, costs, or	2761
expenses are covered by a policy of malpractice or other	2762
insurance.	2763

(iii) The private legal counsel shall be awarded legal fees	2764
and expenses only to the extent that the fees and expenses are	2765
reasonable in light of the legal services rendered by the private	2766
legal counsel in connection with the defense of the Ohio public	2767
defender commission, the state public defender, an assistant state	2768
public defender, an employee, or an attorney in a specified civil	2769
action or proceeding.	2770

(c) If, pursuant to division (E)(2)(a) of this section, the	2771
attorney general denies a request for an award of legal fees,	2772
court costs, or expenses to private legal counsel because of the	2773
application of a limitation specified in division (E)(2)(b) of	2774
this section, the attorney general shall notify the private legal	2775
counsel in writing of the denial and of the limitation applied.	2776

(d) If, pursuant to division (E)(2)(c) of this section, a	2777
private legal counsel receives a denial of an award notification	2778
or if a private legal counsel refuses to approve a document under	2779
division (E)(2)(a)(ii) of this section because of the proposed	2780
application of a limitation specified in division (E)(2)(b) of	2781
this section, the private legal counsel may commence a civil	2782
action against the attorney general in the court of claims to	2783
prove the private legal counsel's entitlement to the award sought,	2784
to prove that division (E)(2)(b) of this section does not prohibit	2785
or otherwise limit the award sought, and to recover a judgment for	2786
the amount of the award sought. A civil action under division	2787
(E)(2)(d) of this section shall be commenced no later than two	2788
years after receipt of a denial of award notification or, if the	2789
private legal counsel refused to approve a document under division	2790
(E)(2)(a)(ii) of this section because of the proposed application	2791
of a limitation specified in division (E)(2)(b) of this section,	2792
no later than two years after the refusal. Any judgment of the	2793
court of claims in favor of the private legal counsel shall be	2794
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 public	2797
defender to represent a petitioner in a postconviction relief	2798
proceeding under section 2953.21 of the Revised Code, the	2799
petitioner has received a sentence of death, and the proceeding	2800
relates to that sentence, all of the attorneys who represent the	2801
petitioner in the proceeding pursuant to the appointment, whether	2802
an assistant state public defender, the state public defender, or	2803
another attorney, shall be certified under Rule 20 of the Rules of	2804
Superintendence for the Courts of Ohio to represent indigent	2805
defendants charged with or convicted of an offense for which the	2806
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 in	2809
section 2929.01 of the Revised Code.	2810

(2) "Post-release control sanction" has the same meaning as	2811
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 public	2825
defender commission, two appointments by the county commissioners	2826
and one appointment by the court shall be for a term of two years	2827
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 is	2830
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 he	2834
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 chairman	2842
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 chairman	2845
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 the	2856
termination date all pending county public defender matters shall	2857
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 all	2860
matters assumed by the state public defender shall be charged to	2861
the counties in accordance with division (D) of section 120.06 of	2862
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 the	2866
establishment of a joint county public defender commission. The	2867
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 the	2874
joint county public defender commission, one appointment shall be	2875
for a term of one year ending one year after the date the	2876
commission is established, one appointment shall be for a term of	2877
two years ending two years after the date the commission is	2878
established, and one appointment shall be for a period of three	2879
years, ending three years after the date the commission is	2880
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 he	2884
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 chairman	2892
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 chairman	2895
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 commissioners	2904
establishing the joint county public defender commission shall	2905
provide for the allocation of the proportion of expenses to be	2906
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 greatest	2912
population is hereby designated as the fiscal officer of a joint	2913
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 who	2920
meets by appointment to consider the organization of a joint	2921
county public defender commission shall, upon presentation of	2922
properly certified accounts, be paid histhe member's necessary	2923
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 public	2929
defender commission, the joint county public defender commission	2930
of the district, and each board of county commissioners in the	2931
district, in writing of the termination date. The failure of a	2932
board of county commissioners to approve an annual operating	2933
budget for the office of the joint county public defender as	2934
provided in division (C)(1) of section 120.24 of the Revised Code	2935
constitutes a notice of withdrawal by the county from the	2936
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 all	2942
matters assumed by the state public defender shall be charged to	2943
the counties in accordance with division (D) of section 120.06 of	2944
the Revised Code.	2945

Members of the joint county public defender commission who	2946
are residents of a county withdrawing from such district are	2947
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 state	3019
treasury the legal aid fund, which shall be for the charitable	3020
public purpose of providing financial assistance to legal aid	3021
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, 4705.09	3024
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 the	3028
legal aid fund in any manner authorized by the Revised Code for	3029
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 fund	3044
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 an	3050
attorney, law firm, or legal professional association.	3051

Sec. 120.53.  (A) A legal aid society that operates within	3052
the state may apply to the Ohio legal assistance foundation for	3053
financial assistance from the legal aid fund established by	3054
section 120.52 of the Revised Code to be used for the funding of	3055
the society during the calendar year following the calendar year	3056
in which application is made.	3057

(B) An application for financial assistance made under	3058
division (A) of this section shall be submitted by the first day	3059
of November of the calendar year preceding the calendar year for	3060
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 the	3074
applicant's funding;	3075

(8) The amount of the applicant's total budget for the	3076
calendar year in which the application is filed that it will	3077
expend in that calendar year for legal services in each of the	3078
counties it serves;	3079

(9) A specific description of any services, programs,	3080
training, and legal technical assistance to be delivered by the	3081
applicant or by another person pursuant to a contract with the	3082
applicant, including, but not limited to, by private attorneys or	3083
through reduced fee plans, judicare panels, organized pro bono	3084
programs, and mediation programs.	3085

(C) The Ohio legal assistance foundation shall determine	3086
whether each applicant that filed an application for financial	3087
assistance under division (A) of this section in a calendar year	3088
is eligible for financial assistance under this section. To be	3089
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 is	3096
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 allocate	3102
moneys contained in the legal aid fund twice each year for	3103
distribution to applicants that filed their applications in the	3104
previous calendar year and were determined to be eligible	3105
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 sections	3109
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 for	3124
actual, reasonable administrative costs under section 120.52 of	3125
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 division	3138
(D)(1)(a) of this section, one and three-quarters per cent of the	3139
moneys remaining in the fund shall be apportioned among entities	3140
that received financial assistance from the legal aid fund prior	3141
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 be	3154
apportioned among the counties that are served by eligible legal	3155
aid societies that have applied for financial assistance under	3156
this section so that each such county is apportioned a portion of	3157
those moneys, based upon the ratio of the number of indigents who	3158
reside in that county to the total number of indigents who reside	3159
in all counties of this state that are served by eligible legal	3160
aid societies that have applied for financial assistance under	3161
this section. Subject to division (E) of this section, the moneys	3162
apportioned to a county under this division then shall be	3163
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 this	3171
section, determines that a county that has been apportioned money	3172
under that division is served by more than one eligible legal aid	3173
society that has applied for financial assistance under this	3174
section, the Ohio legal assistance foundation shall allocate the	3175
moneys that have been apportioned to that county under division	3176
(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 this	3186
section shall be paid twice annually, on the thirty-first day of	3187
January and on the thirty-first day of July of the calendar year	3188
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 service	3194
provided, by means of that financial assistance. No information	3195
contained in the report shall identify or enable the	3196
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. The	3201
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 the	3208
provision of services, programs, training, or legal technical	3209
assistance for the legal aid society or to indigent persons.	3210

Sec. 121.37.  (A)(1) There is hereby created the Ohio family	3211
and children first cabinet council. The council shall be composed	3212
of the superintendent of public instruction and the directors of	3213
youth services, job and family services, mental health, health,	3214
alcohol and drug addiction services, mental retardation and	3215
developmental disabilities, and budget and management. The	3216
chairperson of the council shall be the governor or the governor's	3217
designee and shall establish procedures for the council's internal	3218
control and management.	3219

(2) The purpose of the cabinet council is to help families	3220
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 of	3225
the following:	3226

(a) Advise and make recommendations to the governor and	3227
general assembly regarding the provision of services to children;	3228

(b) Advise and assess local governments on the coordination	3229
of service delivery to children;	3230

(c) Hold meetings at such times and places as may be	3231
prescribed by the council's procedures and maintain records of the	3232
meetings, except that records identifying individual children are	3233
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 to	3236
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 or	3239
multicounty organizations to plan and coordinate service delivery	3240
between state agencies and local service providers for families	3241
and children;	3242

(f) Enter into contracts with and apply for grants from	3243
federal agencies or private organizations;	3244

(g) Enter into interagency agreements to encourage	3245
coordinated efforts at the state and local level to improve the	3246
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 services	3250
provided to alleged or adjudicated unruly children and children	3251
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 communities	3254
regarding successful programs for prevention, intervention, and	3255
treatment of unruly behavior, including evaluations of the	3256
programs;	3257

(j) Identify and disseminate publications regarding alleged	3258
or adjudicated unruly children and children who are at risk of	3259
being alleged or adjudicated unruly children and regarding	3260
programs serving those types of children;	3261

(k) Maintain an inventory of strategic planning facilitators	3262
for use by government or nonprofit entities that serve alleged or	3263
adjudicated unruly children or children who are at risk of being	3264
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 for	3267
which such reviews are requested;	3268

(b) Assistance as the council determines to be necessary to	3269
meet the needs of children referred by county family and children	3270
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 a	3279
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 a	3282
representative become a permanent or temporary member of its	3283
county council. Each county council must include the following	3284
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 in	3300
the county. If the county has two or more health districts, the	3301
health commissioner membership may be limited to the commissioners	3302
of the two districts with the largest populations.	3303

(d) The director of the county department of job and family	3304
services;	3305

(e) The executive director of the county agency responsible	3306
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 mental	3309
retardation and developmental disabilities;	3310

(g) The county's juvenile court judge senior in service or	3311
another judge of the juvenile court designated by the	3312
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, or	3315
local school district with the largest number of pupils residing	3316
in the county, as determined by the department of education, which	3317
shall notify each board of county commissioners of its	3318
determination at least biennially;	3319

(i) A school superintendent representing all other school	3320
districts with territory in the county, as designated at a	3321
biennial meeting of the superintendents of those districts;	3322

(j) A representative of the municipal corporation with the	3323
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, as	3329
defined in section 3301.313301.32 of the Revised Code;	3330

(n) A representative of the county's early intervention	3331
collaborative established pursuant to the federal early	3332
intervention program operated under the "Education of the	3333
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 public	3343
members of a county council are not prohibited from serving on the	3344
council and making decisions regarding the duties of the council,	3345
including those involving the funding of joint projects and those	3346
outlined in the county's service coordination mechanism	3347
implemented pursuant to division (C) of this section.	3348

The cabinet council shall establish a state appeals process	3349
to resolve disputes among the members of a county council	3350
concerning whether reasonable responsibilities as members are	3351
being shared. The appeals process may be accessed only by a	3352
majority vote of the council members who are required to serve on	3353
the council. Upon appeal, the cabinet council may order that state	3354
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 for	3358
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 system	3365
for infants and toddlers with developmental disabilities or delays	3366
and their families, as established pursuant to federal grants	3367
received and administered by the department of health for early	3368
intervention services under the "Education of the Handicapped Act	3369
Amendments of 1986";	3370

(d) Maintenance of an accountability system to monitor the	3371
county council's progress in achieving results for families and	3372
children;	3373

(e) Establishment of a mechanism to ensure ongoing input from	3374
a broad representation of families who are receiving services	3375
within the county system.	3376

(3)(a) Except as provided in division (B)(3)(b) of this	3377
section, a county council shall comply with the policies,	3378
procedures, and activities prescribed by the rules or interagency	3379
agreements of a state department participating on the cabinet	3380
council whenever the county council performs a function subject to	3381
those rules or agreements.	3382

(b) On application of a county council, the cabinet council	3383
may grant an exemption from any rules or interagency agreements of	3384
a state department participating on the council if an exemption is	3385
necessary for the council to implement an alternative program or	3386
approach for service delivery to families and children. The	3387
application shall describe the proposed program or approach and	3388
specify the rules or interagency agreements from which an	3389
exemption is necessary. The cabinet council shall approve or	3390
disapprove the application in accordance with standards and	3391
procedures it shall adopt. If an application is approved, the	3392
exemption is effective only while the program or approach is being	3393
implemented, including a reasonable period during which the	3394
program or approach is being evaluated for effectiveness.	3395

(4)(a) Each county council shall designate an administrative	3396
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 community	3399
mental health board if the county is served by separate boards;	3400
the board of county commissioners; any board of health of the	3401
county's city and general health districts; the county department	3402
of job and family services; the county agency responsible for the	3403
administration of children services pursuant to section 5153.15 of	3404
the Revised Code; the county board of mental retardation and	3405
developmental disabilities; any of the county's boards of	3406
education or governing boards of educational service centers; or	3407
the county's juvenile court. Any of the foregoing public entities,	3408
other than the board of county commissioners, may decline to serve	3409
as the council's administrative agent.	3410

A county council's administrative agent shall serve as the	3411
council's appointing authority for any employees of the council.	3412
The council shall file an annual budget with its administrative	3413
agent, with copies filed with the county auditor and with the	3414
board of county commissioners, unless the board is serving as the	3415
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 state	3418
departments in rules or interagency agreements that are applicable	3419
to the council's functions.	3420

The administrative agent for a county council may do any of	3421
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 competitive	3432
bidding requirements of section 307.86 of the Revised Code.	3433

(ii) As determined by the council, provide financial	3434
stipends, reimbursements, or both, to family representatives for	3435
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 is	3438
established. The agent shall hold, apply, and dispose of the	3439
moneys, lands, or other property according to the terms of the	3440
gift, grant, devise, or bequest. Any interest or earnings shall be	3441
treated in the same manner and are subject to the same terms as	3442
the gift, grant, devise, or bequest from which it accrues.	3443

(b)(i) If the county council designates the board of county	3444
commissioners as its administrative agent, the board may, by	3445
resolution, delegate any of its powers and duties as	3446
administrative agent to an executive committee the board	3447
establishes from the membership of the county council. The board	3448
shall name to the executive committee at least the individuals	3449
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 the	3453
board, hire an executive director to assist the county council in	3454
administering its powers and duties. The executive director shall	3455
serve in the unclassified civil service at the pleasure of the	3456
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 agreement	3464
to administer their county councils jointly by creating a regional	3465
family and children first council. A regional council possesses	3466
the same duties and authority possessed by a county council,	3467
except that the duties and authority apply regionally rather than	3468
to individual counties. Prior to entering into an agreement to	3469
create a regional council, the members of each county council to	3470
be part of the regional council shall meet to determine whether	3471
all or part of the members of each county council will serve as	3472
members of the regional council.	3473

(6) A board of county commissioners may approve a resolution	3474
by a majority vote of the board's members that requires the county	3475
council to submit a statement to the board each time the council	3476
proposes to enter into an agreement, adopt a plan, or make a	3477
decision, other than a decision pursuant to section 121.38 of the	3478
Revised Code, that requires the expenditure of funds for two or	3479
more families. The statement shall describe the proposed	3480
agreement, plan, or decision.	3481

Not later than fifteen days after the board receives the	3482
statement, it shall, by resolution approved by a majority of its	3483
members, approve or disapprove the agreement, plan, or decision.	3484
Failure of the board to pass a resolution during that time period	3485
shall be considered approval of the agreement, plan, or decision.	3486

An agreement, plan, or decision for which a statement is	3487
required to be submitted to the board shall be implemented only if	3488
it is approved by the board.	3489

(C) Each county shall develop a county service coordination	3490
mechanism. The mechanism shall be developed and approved with the	3491
participation of the county entities representing child welfare;	3492
mental retardation and developmental disabilities; alcohol, drug	3493
addiction, and mental health services; health; juvenile judges;	3494
education; the county family and children first council; and the	3495
county early intervention collaborative established pursuant to	3496
the federal early intervention program operated under the	3497
"Education of the Handicapped Act Amendments of 1986." The county	3498
shall establish an implementation schedule for the mechanism. The	3499
cabinet council may monitor the implementation and administration	3500
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 juvenile	3505
court or a child whose parent or custodian is voluntarily seeking	3506
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 strengths	3540
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 joint	3548
family service coordination plan described in division (D) of this	3549
section;	3550

(4)(10) A local dispute resolution process to serve as the	3551
process that must be used first to resolve disputes among the	3552
agencies represented on the county council concerning the	3553
provision of services to children, including children who are	3554
abused, neglected, dependent, unruly, alleged unruly, or	3555
delinquent children and under the jurisdiction of the juvenile	3556
court and children whose parents or custodians are voluntarily	3557
seeking services. The local dispute resolution process shall	3558
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.The	3563

The cabinet council shall adopt rules in accordance with	3564
Chapter 119. of the Revised Code establishing an administrative	3565
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 jointfamily	3572
service coordination plan that does bothall of the following:	3573

(1) Designates service responsibilities among the various	3574
state and local agencies that provide services to children and	3575
their families, including children who are abused, neglected,	3576
dependent, unruly, or delinquent children and under the	3577
jurisdiction of the juvenile court and children whose parents or	3578
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 with	3591
a child who is alleged to be an unruly child. The service	3592
coordination process shall include methods to divert the child	3593
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 under	3600
division (D)(2)(5) of this section may include, but is not limited	3601
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's	3604
family need;	3605

(b) Designation of the person or agency to conduct the	3606
assessment of the child and the child's family as described in	3607
division (E)(1)(a)(C)(8) of this section and designation of the	3608
instrument or instruments to be used to conduct the assessment;	3609

(c) Designation of the agency to provide case management	3610
services to the child and to the child's family;	3611

(d)(b) An emphasis on the personal responsibilities of the	3612
child and the parental responsibilities of the parents, guardian,	3613
or custodian of the child;	3614

(e)(c) Involvement of local law enforcement agencies and	3615
officials.	3616

(2) The method to divert a child from the juvenile court	3617
system that must be included in the service coordination process	3618
may include, but is not limited to, the following:	3619

(a) The preparation of a complaint under section 2151.27 of	3620
the Revised Code alleging that the child is an unruly child and	3621
notifying the child and the parents, guardian, or custodian that	3622
the complaint has been prepared to encourage the child and the	3623
parents, guardian, or custodian to comply with other methods to	3624
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 determine	3627
the appropriate methods to divert the child from the juvenile	3628
court system;	3629

(c) A method for dealing with short-term crisis situations	3630
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, or	3635
custodian;	3636

(e)(d) A program to provide a mentor to the child or the	3637
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 are	3641
truant from school, repeatedly disruptive in school, or suspended	3642
or expelled from school;	3643

(h)(g) Other appropriate measures, including, but not limited	3644
to, any alternative methods to divert a child from the juvenile	3645
court system that are identified by the Ohio family and children	3646
first cabinet council.	3647

(F) Each county may review and revise the service	3648
coordination process described in division (D)(2) of this section	3649
based on the availability of funds under Title IV-A of the "Social	3650
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 or	3664
funding are to be provided. The decision maker shall base the plan	3665
of care on the comprehensive jointfamily service coordination	3666
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 to	3669
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 a	3673
local dispute resolution process shall immediately comply with the	3674
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 not	3688
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 a	3693
motion filed under division (B)(1) of this section, the court may	3694
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 shall	3706
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 shall	3762
develop and promote plans and programs designed to assure that	3763
state resources are efficiently used, economic growth is properly	3764
balanced, community growth is developed in an orderly manner, and	3765
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 of	3772
the state, as provided in section 122.04 of the Revised Code;	3773

(3) Assist and cooperate with federal, state, and local	3774
governments and agencies of federal, state, and local governments	3775
in the coordination of programs to carry out the functions and	3776
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 planning	3782
agency, which shall prepare and recommend plans and programs for	3783
the orderly growth and development of this state and which shall	3784
provide planning assistance, as provided in section 122.06 of the	3785
Revised Code;	3786

(6) Cooperate with and provide technical assistance to state	3787
departments, political subdivisions, regional and local planning	3788
commissions, tourist associations, councils of government,	3789
community development groups, community action agencies, and other	3790
appropriate organizations for carrying out the functions and	3791
duties of the department or for the solution of community	3792
problems;	3793

(7) Coordinate the activities of state agencies that have an	3794
impact on carrying out the functions and duties of the department;	3795

(8) Encourage and assist the efforts of and cooperate with	3796
local governments to develop mutual and cooperative solutions to	3797
their common problems that relate to carrying out the purposes of	3798
this section;	3799

(9) Study existing structure, operations, and financing of	3800
regional or local government and those state activities that	3801
involve significant relations with regional or local governmental	3802
units, recommend to the governor and to the general assembly such	3803
changes in these provisions and activities as will improve the	3804
operations of regional or local government, and conduct other	3805
studies of legal provisions that affect problems related to	3806
carrying out the purposes of this section;	3807

(10) Create and operate a division of community development	3808
to develop and administer programs and activities that are	3809
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 purchasing	3812
loans from financial institutions and providing loan guarantees	3813
under the family farm loan program created under sections 901.80	3814
to 901.83 of the Revised Code;	3815

(12) Provide loan servicing for the loans purchased and loan	3816
guarantees provided under section 901.80 of the Revised Code as	3817
that section existed prior to October 15, 20052007;	3818

(13) Until October 15, 20052007, and upon approval by the	3819
controlling board under division (A)(3) of section 901.82 of the	3820
Revised Code of the release of money to be used for purchasing a	3821
loan or providing a loan guarantee, request the release of that	3822
money in accordance with division (B) of section 166.03 of the	3823
Revised Code for use for the purposes of the fund created by	3824
section 166.031 of the Revised Code.	3825

(B) The director of development may request the attorney	3826
general to, and the attorney general, in accordance with section	3827
109.02 of the Revised Code, shall bring a civil action in any	3828
court of competent jurisdiction. The director may be sued in the	3829
director's official capacity, in connection with this chapter, in	3830
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 tax	3871
credit authority determines it appropriate, "new employee" also	3872
may include an employee re-hired or called back from lay-off to	3873
work in a new facility or on a new product or service established	3874
or produced by the taxpayer after entering into the agreement	3875
under this section or after the tax credit authority approves the	3876
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 was	3895
relocated to a project from other operations of the taxpayer in	3896
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 this	3914
section to foster job creation in this state. Such a grant shall	3915
take the form of a refundable credit allowed against the tax	3916
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 this	3937
state;	3938

(2) The taxpayer's project is economically sound and will	3939
benefit the people of this state by increasing opportunities for	3940
employment and strengthening the economy of this state;	3941

(3) Receiving the tax credit is a major factor in the	3942
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 credit	3954
authority, of new income tax revenue that will be allowed as the	3955
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 would	3986
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 the	4004
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 in	4009
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 considered	4025
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 or	4031
information, are not public records subject to section 149.43 of	4032
the Revised Code. However, the chairperson of the authority may	4033
make use of the statements and other information for purposes of	4034
issuing public reports or in connection with court proceedings	4035
concerning tax credit agreements under this section. Upon the	4036
request of the tax commissioner, the chairperson of the authority	4037
shall provide to the commissioner any statement or information	4038
submitted by an applicant or recipient of a tax credit in	4039
connection with the credit. The commissioner shall preserve the	4040
confidentiality of the statement or information.	4041

(H) A taxpayer claiming a credit under this section shall	4042
submit to the tax commissioner a copy of the director of	4043
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 the	4049
Revised Code, shall adopt rules necessary to implement this	4050
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 public	4053
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 on	4056
economic development in the senate and the house of	4057
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 the	4072
noncompliance. After receiving such a notice, and after giving the	4073
taxpayer an opportunity to explain the noncompliance, the tax	4074
credit authority may require the taxpayer to refund to this state	4075
a portion of the credit in accordance with the following:	4076

(1) If the taxpayer maintained operations at the project	4077
location for at least one and one-half times the number of years	4078
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 project	4082
location for at least the number of years of the term of the tax	4083
credit, an amount not exceeding fifty per cent of the sum of any	4084
previously allowed credits under this section;	4085

(3) If the taxpayer maintained operations at the project	4086
location for less than the number of years of the term of the tax	4087
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 refunded	4090
to this state, the tax credit authority shall consider the effect	4091
of market conditions on the taxpayer's project and whether the	4092
taxpayer continues to maintain other operations in this state.	4093
After making the determination, the authority shall certify the	4094
amount to be refunded to the tax commissioner. The commissioner	4095
shall make an assessment for that amount against the taxpayer	4096
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-chairperson	4155
shall serve as chairperson.	4156

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

4157

(1) "Capital investment project" means a plan of investment	4158
at a project site for the acquisition, construction, renovation,	4159
or repair of buildings, machinery, or equipment, or for	4160
capitalized costs of basic research and new product development	4161
determined in accordance with generally accepted accounting	4162
principles, but does not include any of the following:	4163

(a) Payments made for the acquisition of personal property	4164
through operating leases;	4165

(b) Project costs paid before January 1, 2002, or after	4166
December 31, 2006;	4167

(c) Payments made to a related member as defined in section	4168
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 of	4175
the twelve months preceding the application for a tax credit under	4176
this section; and	4177

(b) On or after January 1, 2002, has made payments for the	4178
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 calendar	4181
years including the calendar year that includes a day of the	4182
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 a	4192
manufacturer or is providing significant corporate administrative	4193
functions;	4194

(d) Has had a capital investment project reviewed and	4195
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 of	4198
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 section	4205
5739.011 of the Revised Code.	4206

(5) "Project site" means an integrated complex of facilities	4207
in this state, as specified by the tax credit authority under this	4208
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 day	4228
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 of	4262
the Revised Code may grant tax credits under this section for the	4263
purpose of fostering job retention in this state. Upon application	4264
by an eligible business and upon consideration of the	4265
recommendation of the director of budget and management, tax	4266
commissioner, and director of development under division (C) of	4267
this section, the tax credit authority may grant to an eligible	4268
business a nonrefundable credit against the tax imposed by section	4269
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 withheld	4275
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 in	4282
division (A)(2)(b) of this section is completed. The credit shall	4283
be claimed only for the taxable years or tax periods specified in	4284
the eligible business' agreement with the tax credit authority	4285
under division (E) of this section, but in no event shall the	4286
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 for	4292
not more than three additional years after the year for which the	4293
credit is granted.	4294

(C) A taxpayer that proposes a capital investment project to	4295
retain jobs in this state may apply to the tax credit authority to	4296
enter into an agreement for a tax credit under this section. The	4297
director of development shall prescribe the form of the	4298
application. After receipt of an application, the authority shall	4299
forward copies of the application to the director of budget and	4300
management, the tax commissioner, and the director of development,	4301
each of whom shall review the application to determine the	4302
economic impact the proposed project would have on the state and	4303
the affected political subdivisions and shall submit a summary of	4304
their determinations and recommendations to the authority. The	4305
authority shall make no agreements under this section after June	4306
30, 2007.	4307

(D) Upon review of the determinations and recommendations	4308
described in division (C) of this section, the tax credit	4309
authority may enter into an agreement with the taxpayer for a	4310
credit under this section if the authority determines all of the	4311
following:	4312

(1) The taxpayer's capital investment project will result in	4313
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 maintain	4317
operations at the project site for at least twice the term of the	4318
credit.	4319

(4) Receiving the credit is a major factor in the taxpayer's	4320
decision to begin, continue with, or complete the project.	4321

(5) The political subdivisions in which the project is	4322
located have agreed to provide substantial financial support to	4323
the project.	4324

(E) An agreement under this section shall include all of the	4325
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-time	4331
employment positions as specified in division (A)(3) of this	4332
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 at	4336
the project site for at least twice the number of years as the	4337
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 the	4346
director of development the number of full-time employment	4347
positions subject to the credit, the amount of tax withheld from	4348
employees in those positions, the amount of the payments made for	4349
the capital investment project, and any other information the	4350
director needs to perform the director's duties under this	4351
section.	4352

(7) A requirement that the director of development annually	4353
review the annual reports of the taxpayer to verify the	4354
information reported under division (E)(6) of this section and	4355
compliance with the agreement. Upon verification, the director	4356
shall issue a certificate to the taxpayer stating that the	4357
information has been verified and identifying the amount of the	4358
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 as	4370
otherwise provided in division (E)(8)(b) of this section, shall	4371
not relocate employment positions from elsewhere in this state to	4372
the project site that is the subject of the agreement for the	4373
lesser of five years from the date the agreement is entered into	4374
or the number of years the taxpayer is entitled to claim the	4375
credit.	4376

(b) The taxpayer may relocate employment positions from	4377
elsewhere in this state to the project site that is the subject of	4378
the agreement if the director of development determines both of	4379
the following:	4380

(i) That the site from which the employment positions would	4381
be relocated is inadequate to meet market and industry conditions,	4382
expansion plans, consolidation plans, or other business	4383
considerations affecting the taxpayer;	4384

(ii) That the legislative authority of the county, township,	4385
or municipal corporation from which the employment positions would	4386
be relocated has been notified of the relocation.	4387

For purposes of this section, the movement of an employment	4388
position from one political subdivision to another political	4389
subdivision shall be considered a relocation of an employment	4390
position unless the movement is confined to the project site. The	4391
transfer of an individual employee from one political subdivision	4392
to another political subdivision shall not be considered a	4393
relocation of an employment position as long as the individual's	4394
employment position in the first political subdivision is	4395
refilled.	4396

(9) A waiver by the taxpayer of any limitations periods	4397
relating to assessments or adjustments resulting from the	4398
taxpayer's failure to comply with the agreement.	4399

(F) If a taxpayer fails to meet or comply with any condition	4400
or requirement set forth in a tax credit agreement, the tax credit	4401
authority may amend the agreement to reduce the percentage or term	4402
of the credit. The reduction of the percentage or term shall take	4403
effect in the taxable year immediately following the taxable year	4404
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 in	4411
which the relocation occurs, or shall not claim the tax credit	4412
under section 5747.058 of the Revised Code for the taxable year in	4413
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 to	4418
the department of development or the tax credit authority by an	4419
applicant for or recipient of a tax credit under this section, and	4420
any information taken for any purpose from such statements or	4421
information, are not public records subject to section 149.43 of	4422
the Revised Code. However, the chairperson of the authority may	4423
make use of the statements and other information for purposes of	4424
issuing public reports or in connection with court proceedings	4425
concerning tax credit agreements under this section. Upon the	4426
request of the tax commissioner, the chairperson of the authority	4427
shall provide to the commissioner any statement or other	4428
information submitted by an applicant for or recipient of a tax	4429
credit in connection with the credit. The commissioner shall	4430
preserve the confidentiality of the statement or other	4431
information.	4432

(H) A taxpayer claiming a tax credit under this section shall	4433
submit to the tax commissioner a copy of the director of	4434
development's certificate of verification under division (E)(7) of	4435
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 include	4439
a partnership, a corporation that has made an election under	4440
subchapter S of chapter one of subtitle A of the Internal Revenue	4441
Code, or any other business entity through which income flows as a	4442
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, the	4451
director shall notify the tax credit authority of the	4452
noncompliance. After receiving such a notice, and after giving the	4453
taxpayer an opportunity to explain the noncompliance, the	4454
authority may terminate the agreement and require the taxpayer to	4455
refund to the state all or a portion of the credit claimed in	4456
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 to	4472
this state, the authority shall consider the effect of market	4473
conditions on the taxpayer's project and whether the taxpayer	4474
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 taxpayer	4485
that received a tax credit under this section has reduced the	4486
number of employees agreed to under division (E)(5) of this	4487
section by more than ten per cent, the director shall notify the	4488
tax credit authority of the noncompliance. After receiving such	4489
notice, and after providing the taxpayer an opportunity to explain	4490
the noncompliance, the authority may amend the agreement to reduce	4491
the percentage or term of the tax credit. The reduction in the	4492
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 the	4496
tax commissioner and in accordance with Chapter 119. of the	4497
Revised Code, shall adopt rules necessary to implement this	4498
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 of	4505
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 of	4509
representatives on the tax credit program under this section. The	4510
report shall include information on the number of agreements that	4511
were entered into under this section during the preceding calendar	4512
year, a description of the project that is the subject of each	4513
such agreement, and an update on the status of projects under	4514
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 of	4532
development and after entering into a participation agreement with	4533
the department of development, a participating financial	4534
institution making a capital access loan shall establish a program	4535
reserve account. The account shall be an interest-bearing account	4536
and shall contain only moneys deposited into it under the program	4537
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 additional	4540
loss reserve. The director may require that a portion or all of	4541
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 accrued	4546
interest more than twice in a fiscal year.	4547

(B) When a participating financial institution makes a	4548
capital access loan, it shall require the eligible business to pay	4549
to the participating financial institution a fee in an amount that	4550
is not less than one and one-half per cent, and not more than	4551
three per cent, of the principal amount of the loan. The	4552
participating financial institution shall deposit the fee into its	4553
program reserve account, and it also shall deposit into the	4554
account an amount of its own funds equal to the amount of the fee.	4555
The participating financial institution may recover from the	4556
eligible business all or part of the amount that the participating	4557
financial institution is required to deposit into the account	4558
under this division in any manner agreed to by the participating	4559
financial institution and the eligible business.	4560

(C) For each capital access loan made by a participating	4561
financial institution, the participating financial institution	4562
shall certify to the director, within a period specified by the	4563
director, that the participating financial institution has made	4564
the loan. The certification shall include the amount of the loan,	4565
the amount of the fee received from the eligible business, the	4566
amount of its own funds that the participating financial	4567
institution deposited into its program reserve account to reflect	4568
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 an	4587
amount equal to thirty-three per cent of a participating financial	4588
institution's outstanding capital access loans, the department may	4589
cause the withdrawal of the excess amount and the deposit of the	4590
withdrawn amount into the capital access loan program fund.	4591

(F)(1) The department may cause the withdrawal of the total	4592
amount in a participating financial institution's program reserve	4593
account if any of the following applies:	4594

(a) The financial institution is no longer eligible to	4595
participate in the program.	4596

(b) The participation agreement expires without renewal by	4597
the department or the financial institution.	4598

(c) The financial institution has no outstanding capital	4599
access loans.	4600

(d) The financial institution has not made a capital access	4601
loan within the preceding twenty-four months.	4602

(2) If the department causes a withdrawal under division	4603
(F)(1) of this section, the department shall deposit the withdrawn	4604
amount into the capital access loan program fund.	4605

Sec. 122.71.  As used in sections 122.71 to 122.83 of the	4606
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 engaged	4611
in lending or investing funds for industrial or business purposes.	4612

(B) "Project" means any real or personal property connected	4613
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 combination	4616
thereof, with the aid provided under sections 122.71 to 122.83 of	4617
the Revised Code, for industrial, commercial, distribution, and	4618
research development of the state.	4619

(C) "Mortgage" means the lien imposed on a project by a	4620
mortgage on real property, or by financing statements on personal	4621
property, or a combination of a mortgage and financing statements	4622
when a project consists of both real and personal property.	4623

(D) "Mortgagor" means the principal user of a project or the	4624
person, corporation, partnership, or association unconditionally	4625
guaranteeing performance by the principal user of its obligations	4626
under the mortgage.	4627

(E)(1) "Minority business enterprise" means an individual who	4628
is a United States citizen and owns and controls a business, or a	4629
partnership, corporation, or joint venture of any kind that is	4630
owned and controlled by United States citizens, which citizen or	4631
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 Orientals	4634
Asians.	4635

(2) "Owned and controlled" means that at least fifty-one per	4636
cent of the business, including corporate stock if a corporation,	4637
is owned by persons who belong to one or more of the groups set	4638
forth in division (E)(1) of this section, and that those owners	4639
have control over the management and day-to-day operations of the	4640
business and an interest in the capital, assets, and profits and	4641
losses of the business proportionate to their percentage of	4642
ownership. In order to qualify as a minority business enterprise,	4643
a business shall have been owned and controlled by those persons	4644
at least one year prior to being awarded a contract pursuant to	4645
this section.	4646

(F) "Community improvement corporation" means a corporation	4647
organized under Chapter 1724. of the Revised Code.	4648

(G) "Ohio development corporation" means a corporation	4649
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 and	4652
technical business assistance to minority business enterprise	4653
entrepreneurs.	4654

(I) "Minority business supplier development council" means a	4655
nonprofit organization established as an affiliate of the national	4656
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 minority	4662
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 by	4668
the governor with the advice and consent of the senate and	4669
selected because of their knowledge of and experience in	4670
industrial, business, and commercial financing, suretyship,	4671
construction, and their understanding of the problems of minority	4672
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 and	4675
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 predecessor	4691
was appointed shall hold office for the remainder of histhe	4692
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's	4695
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 of	4698
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 the	4712
president of the senate or by the speaker of the house of	4713
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 representatives	4718
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-chairman	4723
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 the	4736
accomplishment of those purposes is essential so that the people	4737
of the state may maintain their present high standards of living	4738
in comparison with the people of other states and so that	4739
opportunities for employment and for favorable markets for the	4740
products of the state's natural resources, agriculture, and	4741
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 shall	4749
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 in	4791
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 122.89	4796
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 agreements	4800
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 any	4804
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 weeks	4816
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 the	4820
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 division	4828
(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 the	4835
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 value	4852
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 Code	4861
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 the	4868
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 122.89	4878
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 the	4882
minority business development loan program and, the minority	4883
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 their	4887
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 of	4891
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 and	4894
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 any	4897
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 credit	4915
the income or sell the investments at the director's discretion;	4916

(F) Acquire any property of any kind or character in	4917
accordance with sections 122.71 to 122.83 of the Revised Code, by	4918
purchase, purchase at foreclosure, or exchange on terms and in a	4919
manner the director considers proper;	4920

(G)(1) Maintain, protect, repair, improve, and insure any	4921
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 other	4934
publications as the director determines. The notice shall state	4935
the general character of the work and the general character of the	4936
materials to be furnished, the place where plans and	4937
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 division	4944
(G)(2) of this section, shall contain the full name of every	4945
person interested in it and shall be accompanied by a bond or	4946
certified check on a solvent bank, in the amount of ten per cent	4947
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 of	4954
development by the general assembly for the purposes of sections	4955
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 only	4961
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, with	4971
controlling board approval, may lend funds to minority business	4972
enterprises and to community improvement corporations, Ohio	4973
development corporations, minority contractors business assistance	4974
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 in	4979
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 the	4982
people of the state by increasing opportunities for employment, by	4983
strengthening the economy of the state, or expanding minority	4984
business enterprises.	4985

(2) The proposed minority business enterprise borrower is	4986
unable to finance the proposed project through ordinary financial	4987
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 the	4990
procurement or improvement of the project, and one or more	4991
financial institutions or other governmental entities have loaned	4992
not less than thirty per cent of that amount.	4993

(4) The amount to be loaned by the director will not exceed	4994
sixty per cent of the total amount expended in the procurement or	4995
improvement of the project.	4996

(5) The amount to be loaned by the director will be	4997
adequately secured by a first or second mortgage upon the project	4998
or by mortgages, leases, liens, assignments, or pledges on or of	4999
other property or contracts as the director requires, and such	5000
mortgage will not be subordinate to any other liens or mortgages	5001
except the liens securing loans or investments made by financial	5002
institutions referred to in division (A)(3) of this section, and	5003
the liens securing loans previously made by any financial	5004
institution in connection with the procurement or expansion of all	5005
or part of a project.	5006

(B) Any proposed minority business enterprise borrower	5007
submitting an application for assistance under this section shall	5008
not have defaulted on a previous loan from the director, and no	5009
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 shall	5013
demonstrate to the satisfaction of the director that it is able to	5014
successfully compete in the private sector if it obtains the	5015
necessary financial, technical, or managerial support and that	5016
support is available through the director, the minority business	5017
development office of the department of development, or other	5018
identified and acceptable sources. In determining whether a	5019
minority business enterprise borrower will be able to successfully	5020
compete, the director may give consideration to such factors as	5021
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 the	5024
business, by the economically disadvantaged individual, owner, or	5025
partner, and the prior success of the individual, owner, or	5026
partner in personal, career, or business activities, as well as to	5027
other factors identified by the director.	5028

(D) The director shall not lend funds for the purpose of	5029
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, for	5037
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 this	5063
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 business	5079
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, or	5086
business activities, as well as to other factors identified by the	5087
director.	5088

(D) The director shall not guarantee funds for the purpose of	5089
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 of	5095
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 any	5117
property held by the director while it is in the possession of a	5118
private person, partnership, or corporation and used for private	5119
purposes for profit, in which case such tax liability shall accrue	5120
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 122.89	5125
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
equity program applicants to the director pursuant to this section	5232
are not public records for purposes of section 149.43 of the	5233
Revised Code, unless the director presents the financial	5234
information or trade secrets at a public hearing or public	5235
proceeding regarding the applicant's eligibility to participate in	5236
the program.	5237

Sec. 123.17. (A) As used in this section, "institution of	5238
higher education" means a state university or college, as defined	5239
in section 3345.12 of the Revised Code, or a state community	5240
college.	5241

(B) TheNot later than December 30, 2005, the state architect	5242
shall establish a local administration competency certification	5243
program to certify institutions of higher education to administer	5244
capital facilities projects pursuant to section 3345.51 of the	5245
Revised Code without the supervision, control, or approval of the	5246
department of administrative services. The program shall offer	5247
instruction in the administration of capital facilities projects	5248
for employees of institutions of higher education who are	5249
responsible for such administration and who are selected by their	5250
employing institutions to participate in the program.	5251

(C) The program shall provide instruction about the	5252
provisions of Chapters 9., 123., and 153. of the Revised Code and	5253
any rules or policies adopted by the department regarding the	5254
planning, design, and construction of capital facilities,	5255
including all of the following:	5256

(1) The planning, design, and construction process;

5257

(2) Contract requirements;

5258

(3) Construction m