As Reported by the House Local Government and Public Administration Committee

128th General Assembly
Regular Session
2009-2010
Sub. H. B. No. 118


Representatives Newcomb, Phillips 

Cosponsors: Representatives Murray, Harris, Dodd, Williams, B., Fende, Harwood, Heard, Luckie, Chandler, Letson, Domenick, Okey, Ujvagi, Hagan, DeGeeter, Skindell, Yuko, Weddington, Yates, Brown, Lehner, Derickson, Hite, Zehringer, Gardner, Bacon, Evans 



A BILL
To amend sections 9.239, 9.55, 101.37, 101.39, 1
107.12, 109.57, 109.572, 109.71, 109.77, 109.86, 2
117.102, 121.02, 121.03, 121.32, 121.36, 121.37, 3
123.01, 124.11, 124.23, 124.241, 124.27, 124.38, 4
124.381, 125.602, 125.603, 126.32, 127.16, 5
135.801, 135.802, 135.803, 140.01, 140.03, 6
140.05, 145.012, 145.297, 154.17, 154.20, 173.03, 7
305.14, 307.10, 307.86, 309.10, 319.16, 325.19, 8
329.06, 1751.01, 1751.02, 2108.521, 2109.01, 9
2109.04, 2111.01, 2111.02, 2111.10, 2133.25, 10
2151.011, 2151.421, 2903.33, 2919.271, 2921.36, 11
2921.38, 2930.061, 2935.03, 2945.37, 2945.371, 12
2945.38, 2945.39, 2945.40, 2945.401, 2967.22, 13
3109.18, 3301.07, 3301.15, 3301.52, 3301.53, 14
3301.55, 3301.57, 3301.58, 3304.231, 3313.65, 15
3313.715, 3314.022, 3314.99, 3317.01, 3317.02, 16
3317.024, 3317.03, 3317.032, 3317.05, 3317.051, 17
3317.052, 3317.07, 3317.15, 3317.20, 3319.22, 18
3319.99, 3323.01, 3323.02, 3323.021, 3323.03, 19
3323.04, 3323.05, 3323.07, 3323.09, 3323.091, 20
3323.12, 3323.141, 3323.142, 3323.31, 3326.99, 21
3501.01, 3701.78, 3701.93, 3701.932, 3701.933, 22
3705.36, 3721.01, 3721.14, 3722.01, 3727.01, 23
3735.58, 4109.06, 4115.32, 4141.29, 4511.21, 24
4511.75, 4723.071, 5101.35, 5101.46, 5101.611, 25
5103.02, 5103.13, 5104.08, 5107.24, 5111.042, 26
5111.151, 5111.202, 5111.203, 5111.211, 5111.251, 27
5111.291, 5111.65, 5111.677, 5111.709, 5111.87, 28
5111.871, 5111.872, 5111.873, 5111.874, 5111.875, 29
5111.876, 5111.8710, 5111.915, 5112.30, 5112.32, 30
5112.37, 5112.371, 5119.16, 5119.221, 5119.51, 31
5120.07, 5120.135, 5121.01, 5121.02, 5121.03, 32
5121.04, 5121.05, 5121.051, 5121.06, 5121.061, 33
5121.07, 5121.08, 5121.09, 5121.10, 5121.11, 34
5121.12, 5123.01, 5123.012, 5123.02, 5123.021, 35
5123.03, 5123.031, 5123.032, 5123.033, 5123.04, 36
5123.042, 5123.043, 5123.044, 5123.046, 5123.047, 37
5123.048, 5123.049, 5123.0410, 5123.0411, 38
5123.0412, 5123.0413, 5123.0414, 5123.0415, 39
5123.0416, 5123.0417, 5123.05, 5123.051, 5123.06, 40
5123.07, 5123.08, 5123.081, 5123.082, 5123.083, 41
5123.09, 5123.091, 5123.092, 5123.093, 5123.10, 42
5123.11, 5123.12, 5123.122, 5123.13, 5123.14, 43
5123.15, 5123.16, 5123.161, 5123.162, 5123.163, 44
5123.164, 5123.166, 5123.167, 5123.168, 5123.169, 45
5123.17, 5123.171, 5123.172, 5123.18, 5123.181, 46
5123.19, 5123.191, 5123.194, 5123.195, 5123.196, 47
5123.198, 5123.21, 5123.211, 5123.22, 5123.221, 48
5123.23, 5123.24, 5123.25, 5123.26, 5123.27, 49
5123.28, 5123.29, 5123.30, 5123.31, 5123.33, 50
5123.34, 5123.35, 5123.351, 5123.352, 5123.36, 51
5123.37, 5123.371, 5123.372, 5123.373, 5123.374, 52
5123.375, 5123.38, 5123.40, 5123.41, 5123.42, 53
5123.421, 5123.43, 5123.44, 5123.45, 5123.451, 54
5123.47, 5123.50, 5123.51, 5123.52, 5123.53, 55
5123.54, 5123.541, 5123.542, 5123.55, 5123.56, 56
5123.57, 5123.58, 5123.59, 5123.60, 5123.601, 57
5123.602, 5123.604, 5123.61, 5123.611, 5123.612, 58
5123.613, 5123.614, 5123.63, 5123.64, 5123.65, 59
5123.71, 5123.711, 5123.72, 5123.73, 5123.74, 60
5123.75, 5123.76, 5123.801, 5123.81, 5123.811, 61
5123.82, 5123.85, 5123.86, 5123.89, 5123.90, 62
5123.96, 5126.01, 5126.02, 5126.028, 5126.029, 63
5126.0210, 5126.0211, 5126.0212, 5126.0213, 64
5126.0214, 5126.0215, 5126.0216, 5126.0217, 65
5126.0218, 5126.0219, 5126.0220, 5126.0221, 66
5126.0222, 5126.0223, 5126.0224, 5126.0225, 67
5126.0226, 5126.0227, 5126.0228, 5126.0229, 68
5126.03, 5126.031, 5126.032, 5126.033, 5126.034, 69
5126.037, 5126.038, 5126.04, 5126.041, 5126.042, 70
5126.044, 5126.045, 5126.046, 5126.05, 5126.051, 71
5126.052, 5126.054, 5126.055, 5126.056, 72
5126.058, 5126.059, 5126.0510, 5126.0511, 73
5126.0512, 5126.06, 5126.07, 5126.071, 5126.08, 74
5126.081, 5126.082, 5126.09, 5126.10, 5126.11, 75
5126.12, 5126.121, 5126.13, 5126.14, 5126.15, 76
5126.18, 5126.19, 5126.20, 5126.201, 5126.21, 77
5126.22, 5126.221, 5126.23, 5126.24, 5126.25, 78
5126.251, 5126.252, 5126.253, 5126.254, 5126.26, 79
5126.27, 5126.28, 5126.281, 5126.29, 5126.30, 80
5126.31, 5126.311, 5126.313, 5126.33, 5126.331, 81
5126.333, 5126.34, 5126.36, 5126.40, 5126.41, 82
5126.42, 5126.43, 5126.45, 5126.46, 5126.47, 83
5126.49, 5126.50, 5126.54, 5126.55, 5126.57, 84
5126.58, 5126.59, 5126.61, 5126.62, 5126.99, 85
5139.08, 5139.34, 5145.18, 5153.16, 5153.99, 86
5511.03, 5543.011, 5705.091, 5705.14, 5705.191, 87
5705.222, 5705.28, 5705.44, 5735.142, 5815.28, 88
and 5815.35; to amend section 5123.011 as it 89
results from Am. Sub. S.B. 156 of the 119th 90
General Assembly; to amend, for the purpose of 91
adopting a new section number as indicated in 92
parentheses, section 5123.011 (5123.013) as it 93
results from Am. Sub. S.B. 285 of the 121st 94
General Assembly; to amend, for the purpose of 95
adopting new section numbers as indicated in 96
parentheses, sections 5126.028 (5126.021), 97
5126.029 (5126.022), 5126.0210 (5126.023), 98
5126.0211 (5126.024), 5126.0212 (5126.025), 99
5126.0213 (5126.026), 5126.0214 (5126.027), 100
5126.0215 (5126.028), 5126.0216 (5126.029), 101
5126.0217 (5126.0210), 5126.0218 (5126.0211), 102
5126.0219 (5126.0212), 5126.0220 (5126.0213), 103
5126.0221 (5126.0214), 5126.0222 (5126.0215), 104
5126.0223 (5126.0216), 5126.0224 (5126.0217), 105
5126.0225 (5126.0218), 5126.0226 (5126.0219), 106
5126.0227 (5126.0220), 5126.0228 (5126.0221), and 107
5126.0229 (5126.0222); to enact sections 108
5123.014 and 5126.011; to repeal sections 109
5126.021, 5126.022, 5126.023, 5126.024, 5126.025, 110
5126.026, and 5126.027 of the Revised Code; to 111
amend Sections 209.60.40, 209.60.50, and 112
501.40 of H.B. 496 of the 127th General 113
Assembly, to amend Section 201.60.30 of H.B. 496 114
of the 127th General Assembly, as subsequently 115
amended, to amend Sections 231.30.10, 231.30.20, 116
and 253.10 of Am. Sub. H.B. 562 of the 127th 117
General Assembly, to amend Section 231.20.30 of 118
Am. Sub. H.B. 562 of the 127th General Assembly, 119
as subsequently amended, and to amend Section 4 120
of Am. Sub. H.B. 516 of the 125th General 121
Assembly, as subsequently amended, to change the 122
name of the Department of Mental Retardation and 123
Developmental Disabilities to the Department of 124
Developmental Disabilities and the name of county 125
boards of mental retardation and developmental 126
disabilities to county boards of developmental 127
disabilities, to make similar name changes for 128
the Joint Council on Mental Retardation and 129
Developmental Disabilities, the Mental 130
Retardation and Developmental Disabilities 131
Developmental Center Closure Commission, and 132
certain state and county funds, and to repeal 133
obsolete law regarding multi-county boards of 134
mental retardation and developmental disabilities.135


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

       Section 1. That sections 9.239, 9.55, 101.37, 101.39, 107.12, 136
109.57, 109.572, 109.71, 109.77, 109.86, 117.102, 121.02, 121.03, 137
121.32, 121.36, 121.37, 123.01, 124.11, 124.23, 124.241, 124.27, 138
124.38, 124.381, 125.602, 125.603, 126.32, 127.16, 135.801, 139
135.802, 135.803, 140.01, 140.03, 140.05, 145.012, 145.297, 140
154.17, 154.20, 173.03, 305.14, 307.10, 307.86, 309.10, 319.16, 141
325.19, 329.06, 1751.01, 1751.02, 2108.521, 2109.01, 2109.04, 142
2111.01, 2111.02, 2111.10, 2133.25, 2151.011, 2151.421, 2903.33, 143
2919.271, 2921.36, 2921.38, 2930.061, 2935.03, 2945.37, 2945.371, 144
2945.38, 2945.39, 2945.40, 2945.401, 2967.22, 3109.18, 3301.07, 145
3301.15, 3301.52, 3301.53, 3301.55, 3301.57, 3301.58, 3304.231, 146
3313.65, 3313.715, 3314.022, 3314.99, 3317.01, 3317.02, 3317.024, 147
3317.03, 3317.032, 3317.05, 3317.051, 3317.052, 3317.07, 3317.15, 148
3317.20, 3319.22, 3319.99, 3323.01, 3323.02, 3323.021, 3323.03, 149
3323.04, 3323.05, 3323.07, 3323.09, 3323.091, 3323.12, 3323.141, 150
3323.142, 3323.31, 3326.99, 3501.01, 3701.78, 3701.93, 3701.932, 151
3701.933, 3705.36, 3721.01, 3721.14, 3722.01, 3727.01, 3735.58, 152
4109.06, 4115.32, 4141.29, 4511.21, 4511.75, 4723.071, 5101.35, 153
5101.46, 5101.611, 5103.02, 5103.13, 5104.08, 5107.24, 5111.042, 154
5111.151, 5111.202, 5111.203, 5111.211, 5111.251, 5111.291, 155
5111.65, 5111.677, 5111.709, 5111.87, 5111.871, 5111.872, 156
5111.873, 5111.874, 5111.875, 5111.876, 5111.8710, 5111.915, 157
5112.30, 5112.32, 5112.37, 5112.371, 5119.16, 5119.221, 5119.51, 158
5120.07, 5120.135, 5121.01, 5121.02, 5121.03, 5121.04, 5121.05, 159
5121.051, 5121.06, 5121.061, 5121.07, 5121.08, 5121.09, 5121.10, 160
5121.11, 5121.12, 5123.01, 5123.012, 5123.02, 5123.021, 5123.03, 161
5123.031, 5123.032, 5123.033, 5123.04, 5123.042, 5123.043, 162
5123.044, 5123.046, 5123.047, 5123.048, 5123.049, 5123.0410, 163
5123.0411, 5123.0412, 5123.0413, 5123.0414, 5123.0415, 5123.0416, 164
5123.0417, 5123.05, 5123.051, 5123.06, 5123.07, 5123.08, 165
5123.081, 5123.082, 5123.083, 5123.09, 5123.091, 5123.092, 166
5123.093, 5123.10, 5123.11, 5123.12, 5123.122, 5123.13, 5123.14, 167
5123.15, 5123.16, 5123.161, 5123.162, 5123.163, 5123.164, 168
5123.166, 5123.167, 5123.168, 5123.169, 5123.17, 5123.171, 169
5123.172, 5123.18, 5123.181, 5123.19, 5123.191, 5123.194, 170
5123.195, 5123.196, 5123.198, 5123.21, 5123.211, 5123.22, 171
5123.221, 5123.23, 5123.24, 5123.25, 5123.26, 5123.27, 5123.28, 172
5123.29, 5123.30, 5123.31, 5123.33, 5123.34, 5123.35, 5123.351, 173
5123.352, 5123.36, 5123.37, 5123.371, 5123.372, 5123.373, 174
5123.374, 5123.375, 5123.38, 5123.40, 5123.41, 5123.42, 5123.421, 175
5123.43, 5123.44, 5123.45, 5123.451, 5123.47, 5123.50, 5123.51, 176
5123.52, 5123.53, 5123.54, 5123.541, 5123.542, 5123.55, 5123.56, 177
5123.57, 5123.58, 5123.59, 5123.60, 5123.601, 5123.602, 5123.604, 178
5123.61, 5123.611, 5123.612, 5123.613, 5123.614, 5123.63, 179
5123.64, 5123.65, 5123.71, 5123.711, 5123.72, 5123.73, 5123.74, 180
5123.75, 5123.76, 5123.801, 5123.81, 5123.811, 5123.82, 5123.85, 181
5123.86, 5123.89, 5123.90, 5123.96, 5126.01, 5126.02, 5126.028, 182
5126.029, 5126.0210, 5126.0211, 5126.0212, 5126.0213, 5126.0214, 183
5126.0215, 5126.0216, 5126.0217, 5126.0218, 5126.0219, 5126.0220, 184
5126.0221, 5126.0222, 5126.0223, 5126.0224, 5126.0225, 5126.0226, 185
5126.0227, 5126.0228, 5126.0229, 5126.03, 5126.031, 5126.032, 186
5126.033, 5126.034, 5126.037, 5126.038, 5126.04, 5126.041, 187
5126.042, 5126.044, 5126.045, 5126.046, 5126.05, 5126.051, 188
5126.052, 5126.054, 5126.055, 5126.056, 5126.058, 5126.059, 189
5126.0510, 5126.0511, 5126.0512, 5126.06, 5126.07, 5126.071, 190
5126.08, 5126.081, 5126.082, 5126.09, 5126.10, 5126.11, 5126.12, 191
5126.121, 5126.13, 5126.14, 5126.15, 5126.18, 5126.19, 5126.20, 192
5126.201, 5126.21, 5126.22, 5126.221, 5126.23, 5126.24, 5126.25, 193
5126.251, 5126.252, 5126.253, 5126.254, 5126.26, 5126.27, 194
5126.28, 5126.281, 5126.29, 5126.30, 5126.31, 5126.311, 5126.313, 195
5126.33, 5126.331, 5126.333, 5126.34, 5126.36, 5126.40, 5126.41, 196
5126.42, 5126.43, 5126.45, 5126.46, 5126.47, 5126.49, 5126.50, 197
5126.54, 5126.55, 5126.57, 5126.58, 5126.59, 5126.61, 5126.62, 198
5126.99, 5139.08, 5139.34, 5145.18, 5153.16, 5153.99, 5511.03, 199
5543.011, 5705.091, 5705.14, 5705.191, 5705.222, 5705.28, 200
5705.44, 5735.142, 5815.28, and 5815.35 and section 5123.011 as 201
it results from Am. Sub. S.B. 156 of the 119th General Assembly 202
be amended; that section 5123.011 (5123.013) as it results from 203
Am. Sub. S.B. 285 of the 121st General Assembly be amended for 204
the purpose of adopting a new section number as indicated in 205
parentheses; that sections 5126.028 (5126.021), 5126.029 206
(5126.022), 5126.0210 (5126.023), 5126.0211 (5126.024), 5126.0212 207
(5126.025), 5126.0213 (5126.026), 5126.0214 (5126.027), 5126.0215 208
(5126.028), 5126.0216 (5126.029), 5126.0217 (5126.0210), 5126.0218 209
(5126.0211), 5126.0219 (5126.0212), 5126.0220 (5126.0213), 210
5126.0221 (5126.0214), 5126.0222 (5126.0215), 5126.0223 211
(5126.0216), 5126.0224 (5126.0217), 5126.0225 (5126.0218), 212
5126.0226 (5126.0219), 5126.0227 (5126.0220), 5126.0228 213
(5126.0221), and 5126.0229 (5126.0222) be amended for the purpose 214
of adopting new section numbers as indicated in parentheses; and 215
sections 5123.014 and 5126.011 of the Revised Code be enacted to 216
read as follows:217

       Sec. 9.239. (A) There is hereby created the government 218
contracting advisory council. The attorney general and auditor of 219
state shall consult with the council on the performance of their 220
rule-making functions under sections 9.237 and 9.238 of the 221
Revised Code and shall consider any recommendations of the 222
council. The director of job and family services shall annually 223
report to the council the cost methodology of the medicaid-funded 224
services described in division (A)(3)(d) of section 9.231 of the 225
Revised Code. The council shall consist of the following members 226
or their designees:227

       (1) The attorney general;228

       (2) The auditor of state;229

       (3) The director of administrative services;230

       (4) The director of aging;231

       (5) The director of alcohol and drug addiction services;232

       (6) The director of budget and management;233

       (7) The director of development;234

       (8) The director of job and family services;235

       (9) The director of mental health;236

       (10) The director of mental retardation and developmental 237
disabilities;238

       (11) The director of rehabilitation and correction;239

       (12) The administrator of workers' compensation;240

       (13) The executive director of the county commissioners' 241
association of Ohio;242

       (14) The president of the Ohio grantmakers forum;243

       (15) The president of the Ohio chamber of commerce;244

       (16) The president of the Ohio state bar association;245

       (17) The president of the Ohio society of certified public 246
accountants;247

       (18) The executive director of the Ohio association of 248
nonprofit organizations;249

       (19) The president of the Ohio united way;250

       (20) One additional member appointed by the attorney general;251

       (21) One additional member appointed by the auditor of state.252

       (B) If an agency or organization represented on the council 253
ceases to exist in the form it has on the effective date of this 254
sectionSeptember 29, 2005, the successor agency or organization 255
shall be represented in its place. If there is no successor agency 256
or organization, or if it is not clear what agency or organization 257
is the successor, the attorney general shall designate an agency 258
or organization to be represented in place of the agency or 259
organization originally represented on the council.260

       (C) The two members appointed to the council shall serve 261
three-year terms. Original appointments shall be made not later 262
than sixty days after the effective date of this sectionSeptember 263
29, 2005. Vacancies on the council shall be filled in the same 264
manner as the original appointment.265

       (D) The attorney general or the attorney general's designee 266
shall be the chairperson of the council. The council shall meet at 267
least once every two years to review the rules adopted under 268
sections 9.237 and 9.238 of the Revised Code and to make 269
recommendations to the attorney general and auditor of state 270
regarding the adoption, amendment, or repeal of those rules. The 271
council shall also meet at other times as requested by the 272
attorney general or auditor of state.273

       (E) Members of the council shall serve without compensation 274
or reimbursement.275

       (F) The office of the attorney general shall provide 276
necessary staff, facilities, supplies, and services to the 277
council.278

       (G) Sections 101.82 to 101.87 of the Revised Code do not 279
apply to the council.280

       Sec. 9.55.  (A) As used in this section, "state agency" means 281
the house of representatives, the senate, the governor, the282
secretary of state, the auditor of state, the treasurer of state,283
the attorney general, the department of job and family services,284
the department of commerce, the department of mental retardation285
and developmental disabilities, the department of education, the286
department of health, the department of aging, the governor's287
office of advocacy for disabled persons, and the civil rights288
commission.289

       (B) Each state agency shall install in its offices at least290
one teletypewriter designed to receive printed messages from and291
transmit printed messages to deaf or hearing-impaired persons.292

       Sec. 101.37. (A) There is hereby created the joint council on293
mental retardation and developmental disabilities. The joint294
council shall consist of three members of the house of295
representatives appointed by the speaker of the house of296
representatives, not more than two of whom shall be members of the297
same political party, three members of the senate appointed by the298
president of the senate, not more than two of whom shall be299
members of the same political party, and the director of mental300
retardation and developmental disabilities. At least one member of 301
the joint council appointed by the speaker of the house of302
representatives and at least one member appointed by the president303
of the senate shall be a member of the house or senate committee304
with primary responsibility for appropriation issues and at least305
one member appointed by the speaker and at least one member306
appointed by the president shall be a member of the house or307
senate committee with primary responsibility for human services308
issues.309

       Members of the joint council shall be reimbursed for their310
actual and necessary expenses incurred in the performance of their311
official duties, provided that reimbursement for such expenses312
shall not exceed limits imposed upon the department of mental313
retardation and developmental disabilities by administrative rules314
regulating travel within this state. Members shall receive no315
other compensation.316

       The joint council shall organize itself within fifteen days317
after the commencement of each regular session of the general318
assembly by electing a chairperson and vice-chairperson. The joint 319
council may meet upon the call of the chairperson, the director, 320
or on the request of any three members.321

       Members of the joint council who are appointed from the322
general assembly shall serve until the expiration of their terms323
in the general assembly. Any vacancies occurring among the general 324
assembly members of the joint council shall be filled in the 325
manner of the original appointment.326

       (B) The joint council shall do all of the following:327

       (1) Appoint the original members of the citizen's advisory328
council at any institution under the control of the department of329
mental retardation and developmental disabilities that is created330
after November 15, 1981;331

       (2) Make final determinations in any dispute between the332
director of mental retardation and developmental disabilities and333
a citizen's advisory council concerning the appointment of members334
to the citizen's advisory council, as provided for in section335
5123.092 of the Revised Code;336

       (3) Receive reports from citizen's advisory councils on or337
before the thirty-first day of January of each year, as required338
by section 5123.093 of the Revised Code;339

       (4) Receive reports as appropriate concerning extenuating340
circumstances at institutions under the control of the department341
of mental retardation and developmental disabilities;342

       (5) Conduct reviews and make recommendations to the director343
of mental retardation and developmental disabilities with respect344
to any disputes between the department of mental retardation and345
developmental disabilities and entities that have entered into346
contracts with the department for the provision of protective347
services to individuals with mental retardation or developmental348
disabilities;349

       (6) Provide the director of mental retardation and350
developmental disabilities with advice on legislative and fiscal351
issues affecting the department of mental retardation and352
developmental disabilities, county boards of mental retardation353
and developmental disabilities, persons with mental retardation or354
developmental disabilities, and providers of services to persons355
with mental retardation or developmental disabilities and on356
related issues the director requests the joint council to address;357

       (7) On behalf of the director of mental retardation and358
developmental disabilities, advocate to the general assembly359
legislative issues about which the joint council has provided360
advice to the director.361

       (C) Reports and any correspondence received by the joint362
council shall be deposited with the legislative service363
commission, which shall retain them for not less than three years364
after the date of deposit.365

       Sec. 101.39.  (A) There is hereby created the joint366
legislative committee on health care oversight. The committee may367
review or study any matter related to the provision of health care368
services that it considers of significance to the citizens of this369
state, including the availability of health care, the quality of370
health care, the effectiveness and efficiency of managed care371
systems, and the operation of the medical assistance program372
established under Chapter 5111. of the Revised Code or other373
government health programs.374

       The department of job and family services, department of375
health, department of aging, department of mental health,376
department of mental retardation and developmental disabilities,377
department of alcohol and drug addiction services, and other state378
agencies shall cooperate with the committee in its study and379
review of health care issues. On request, the departments shall380
provide the committee with reports and other information381
sufficient for the committee to fulfill its duties.382

       The committee may issue recommendations as it determines383
appropriate. The recommendations may be made to the general384
assembly, state agencies, private industry, or any other entity.385

       (B) The committee shall consist of the following members of386
the general assembly: the chairperson of the senate's standing387
committee with primary responsibility for health legislation, the388
chairperson of the house of representatives' standing committee389
with primary responsibility for health legislation, four members390
of the house of representatives appointed by the speaker of the391
house of representatives, and four members of the senate appointed392
by the president of the senate. Not more than two members393
appointed by the speaker of the house of representatives and not394
more than two members appointed by the president of the senate may395
be of the same political party. Except in 1995, appointments396
shall be made not later than fifteen days after the commencement397
of the first regular session of each general assembly. The398
chairpersons of the standing committees with primary399
responsibility for health legislation shall serve as400
co-chairpersons of the committee.401

       Each member of the committee shall hold office during the402
general assembly in which the member is appointed and until a403
successor has been appointed, notwithstanding the adjournment sine404
die of the general assembly in which the member was appointed or405
the expiration of the member's term as a member of the general406
assembly. Any vacancies occurring among the members of the407
committee shall be filled in the manner of the original408
appointment.409

       The committee shall meet at least quarterly and at the call410
of the co-chairpersons. The co-chairpersons shall determine the411
time, place, and agenda for each meeting of the committee.412

       The committee has the same powers as other standing or select413
committees of the general assembly. The committee may request414
assistance from the legislative service commission and the415
legislative budget office of the legislative service commission.416

       Sec. 107.12. (A) As used in this section, "organization" 417
means a faith-based or other organization that is exempt from 418
federal income taxation under section 501(c)(3) of the "Internal 419
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended, 420
and provides charitable services to needy residents of this 421
state.422

       (B) There is hereby established within the office of the 423
governor the governor's office of faith-based and community 424
initiatives. The office shall:425

       (1) Serve as a clearinghouse of information on federal, 426
state, and local funding for charitable services performed by 427
organizations;428

       (2) Encourage organizations to seek public funding for their 429
charitable services;430

       (3) Assist local, state, and federal agencies in 431
coordinating their activities to secure maximum use of funds and 432
efforts that benefit people receiving charitable services from433
organizations;434

       (4) Advise the governor, general assembly, and the advisory 435
board of the governor's office of faith-based and community 436
initiatives on the barriers that exist to collaboration between 437
organizations and governmental entities and on ways to remove the 438
barriers.439

       (C) The governor shall appoint an executive director and 440
such other staff as may be necessary to manage the office and 441
perform or oversee the performance of the duties of the office. 442
Within sixty days after being appointed, and every twelve months 443
thereafter, the executive director shall distribute to the 444
advisory board and review with the board a strategic plan. The 445
executive director shall report to the board at least quarterly 446
on proposed initiatives and policies. A report shall include 447
the condition of the budget and the finances of the office.448

       (D)(1) There is hereby created the advisory board of the 449
governor's office of faith-based and community initiatives. The 450
board shall consist of the following members:451

       (a) The directors of aging, alcohol and drug addiction452
services, rehabilitation and correction, health, job and family 453
services, mental retardation and developmental disabilities, 454
mental health, and youth services, or their designees;455

       (b) The speaker of the house of representatives shall appoint 456
to the board two members of the house of representatives, not more 457
than one of whom shall be from the same political party and at 458
least one of whom shall be from the legislative black caucus. The 459
president of the senate shall appoint to the board two members of 460
the senate, not more than one of whom shall be from the same 461
political party.462

       (c) The governor, the speaker of the house of 463
representatives, and the president of the senate shall each 464
appoint to the board three representatives of the nonprofit, 465
faith-based and other nonprofit community.466

       (2) Terms of the office shall be one year. Any vacancy that 467
occurs on the board shall be filled in the same manner as the 468
original appointment. 469

       (3) Members of the board are not entitled to compensation, 470
but the members appointed by the governor, the speaker of the 471
house of representatives, and the president of the senate who are 472
representatives of the nonprofit, faith-based and other nonprofit 473
community shall be reimbursed for their actual and necessary 474
expenses that are incurred in relation to board meetings.475

       (4) The board shall be presided over by a chairperson and a 476
vice-chairperson, who shall be the members of the board who are 477
also members of the house of representatives or the senate. 478
Annually on the first day of January, the chairpersonship and 479
vice-chairpersonship shall alternate between the members of the 480
house of representatives and the senate.481

       (E) The board shall have the following duties:482

       (1) Provide direction, guidance, and oversight to the office;483

       (2) Assist in the dissemination of information about, and in 484
the stimulation of public awareness of, the service programs 485
supported by the office;486

       (3) Review the budget and finances of the office, proposed 487
initiatives and policies, and the executive director's annual 488
strategic plan at board meetings;489

       (4) Provide feedback for and proposed modifications of the 490
executive director's strategic plan. Within forty-five days after 491
submitting a strategic plan, the executive director shall contact 492
each advisory board member to obtain feedback. With the approval 493
of the advisory board chairperson, the executive director shall 494
lead a strategic plan discussion at the first board meeting 495
following the distribution of the strategic plan.496

       (5) Publish a report of its activities and accomplishments on 497
or before the first day of August of each year, and deliver 498
copies of the report to the governor, the speaker and minority 499
leader of the house of representatives, and the president and 500
minority leader of the senate.501

       (F) No member of the board or organization that the member is 502
affiliated or involved with is eligible to receive any grant that 503
the office administers or assists in administering.504

       Sec. 109.57.  (A)(1) The superintendent of the bureau of505
criminal identification and investigation shall procure from 506
wherever procurable and file for record photographs, pictures, 507
descriptions, fingerprints, measurements, and other information 508
that may be pertinent of all persons who have been convicted of 509
committing within this state a felony, any crime constituting a 510
misdemeanor on the first offense and a felony on subsequent511
offenses, or any misdemeanor described in division (A)(1)(a), 512
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 513
of all children under eighteen years of age who have been 514
adjudicated delinquent children for committing within this state 515
an act that would be a felony or an offense of violence if 516
committed by an adult or who have been convicted of or pleaded 517
guilty to committing within this state a felony or an offense of 518
violence, and of all well-known and habitual criminals. The 519
person in charge of any county, multicounty, municipal, 520
municipal-county, or multicounty-municipal jail or workhouse, 521
community-based correctional facility, halfway house, alternative 522
residential facility, or state correctional institution and the 523
person in charge of any state institution having custody of a 524
person suspected of having committed a felony, any crime 525
constituting a misdemeanor on the first offense and a felony on 526
subsequent offenses, or any misdemeanor described in division 527
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the 528
Revised Code or having custody of a child under eighteen years of 529
age with respect to whom there is probable cause to believe that 530
the child may have committed an act that would be a felony or an 531
offense of violence if committed by an adult shall furnish such532
material to the superintendent of the bureau. Fingerprints, 533
photographs, or other descriptive information of a child who is 534
under eighteen years of age, has not been arrested or otherwise 535
taken into custody for committing an act that would be a felony 536
or an offense of violence who is not in any other category of 537
child specified in this division, if committed by an adult, has 538
not been adjudicated a delinquent child for committing an act539
that would be a felony or an offense of violence if committed by 540
an adult, has not been convicted of or pleaded guilty to 541
committing a felony or an offense of violence, and is not a child 542
with respect to whom there is probable cause to believe that the 543
child may have committed an act that would be a felony or an 544
offense of violence if committed by an adult shall not be 545
procured by the superintendent or furnished by any person in 546
charge of any county, multicounty, municipal, municipal-county, 547
or multicounty-municipal jail or workhouse, community-based 548
correctional facility, halfway house, alternative residential 549
facility, or state correctional institution, except as authorized 550
in section 2151.313 of the Revised Code.551

       (2) Every clerk of a court of record in this state, other 552
than the supreme court or a court of appeals, shall send to the553
superintendent of the bureau a weekly report containing a summary 554
of each case involving a felony, involving any crime constituting 555
a misdemeanor on the first offense and a felony on subsequent 556
offenses, involving a misdemeanor described in division (A)(1)(a), 557
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 558
or involving an adjudication in a case in which a child under 559
eighteen years of age was alleged to be a delinquent child for 560
committing an act that would be a felony or an offense of 561
violence if committed by an adult. The clerk of the court of 562
common pleas shall include in the report and summary the clerk563
sends under this division all information described in divisions564
(A)(2)(a) to (f) of this section regarding a case before the 565
court of appeals that is served by that clerk. The summary shall 566
be written on the standard forms furnished by the superintendent 567
pursuant to division (B) of this section and shall include the 568
following information:569

       (a) The incident tracking number contained on the standard 570
forms furnished by the superintendent pursuant to division (B) of 571
this section;572

       (b) The style and number of the case;573

       (c) The date of arrest, offense, summons, or arraignment;574

       (d) The date that the person was convicted of or pleaded 575
guilty to the offense, adjudicated a delinquent child for 576
committing the act that would be a felony or an offense of 577
violence if committed by an adult, found not guilty of the578
offense, or found not to be a delinquent child for committing an 579
act that would be a felony or an offense of violence if committed 580
by an adult, the date of an entry dismissing the charge, an entry 581
declaring a mistrial of the offense in which the person is 582
discharged, an entry finding that the person or child is not 583
competent to stand trial, or an entry of a nolle prosequi, or the 584
date of any other determination that constitutes final resolution 585
of the case;586

       (e) A statement of the original charge with the section of 587
the Revised Code that was alleged to be violated;588

       (f) If the person or child was convicted, pleaded guilty, or 589
was adjudicated a delinquent child, the sentence or terms of 590
probation imposed or any other disposition of the offender or the 591
delinquent child.592

       If the offense involved the disarming of a law enforcement 593
officer or an attempt to disarm a law enforcement officer, the 594
clerk shall clearly state that fact in the summary, and the 595
superintendent shall ensure that a clear statement of that fact is 596
placed in the bureau's records.597

       (3) The superintendent shall cooperate with and assist598
sheriffs, chiefs of police, and other law enforcement officers in 599
the establishment of a complete system of criminal identification 600
and in obtaining fingerprints and other means of identification of 601
all persons arrested on a charge of a felony, any crime 602
constituting a misdemeanor on the first offense and a felony on 603
subsequent offenses, or a misdemeanor described in division604
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the 605
Revised Code and of all children under eighteen years of age 606
arrested or otherwise taken into custody for committing an act 607
that would be a felony or an offense of violence if committed by 608
an adult. The superintendent also shall file for record the609
fingerprint impressions of all persons confined in a county, 610
multicounty, municipal, municipal-county, or multicounty-municipal 611
jail or workhouse, community-based correctional facility, halfway 612
house, alternative residential facility, or state correctional 613
institution for the violation of state laws and of all children 614
under eighteen years of age who are confined in a county, 615
multicounty, municipal, municipal-county, or multicounty-municipal 616
jail or workhouse, community-based correctional facility, halfway 617
house, alternative residential facility, or state correctional618
institution or in any facility for delinquent children for 619
committing an act that would be a felony or an offense of violence 620
if committed by an adult, and any other information that the 621
superintendent may receive from law enforcement officials of the 622
state and its political subdivisions.623

       (4) The superintendent shall carry out Chapter 2950. of the624
Revised Code with respect to the registration of persons who are 625
convicted of or plead guilty to a sexually oriented offense or a 626
child-victim oriented offense and with respect to all other duties 627
imposed on the bureau under that chapter.628

       (5) The bureau shall perform centralized recordkeeping 629
functions for criminal history records and services in this state 630
for purposes of the national crime prevention and privacy compact 631
set forth in section 109.571 of the Revised Code and is the 632
criminal history record repository as defined in that section for 633
purposes of that compact. The superintendent or the 634
superintendent's designee is the compact officer for purposes of 635
that compact and shall carry out the responsibilities of the 636
compact officer specified in that compact.637

       (B) The superintendent shall prepare and furnish to every638
county, multicounty, municipal, municipal-county, or639
multicounty-municipal jail or workhouse, community-based 640
correctional facility, halfway house, alternative residential 641
facility, or state correctional institution and to every clerk of 642
a court in this state specified in division (A)(2) of this section 643
standard forms for reporting the information required under 644
division (A) of this section. The standard forms that the 645
superintendent prepares pursuant to this division may be in a 646
tangible format, in an electronic format, or in both tangible 647
formats and electronic formats.648

       (C)(1) The superintendent may operate a center for649
electronic, automated, or other data processing for the storage650
and retrieval of information, data, and statistics pertaining to651
criminals and to children under eighteen years of age who are 652
adjudicated delinquent children for committing an act that would 653
be a felony or an offense of violence if committed by an adult, 654
criminal activity, crime prevention, law enforcement, and criminal 655
justice, and may establish and operate a statewide communications 656
network to gather and disseminate information, data, and 657
statistics for the use of law enforcement agencies and for other 658
uses specified in this division. The superintendent may gather, 659
store, retrieve, and disseminate information, data, and statistics 660
that pertain to children who are under eighteen years of age and 661
that are gathered pursuant to sections 109.57 to 109.61 of the 662
Revised Code together with information, data, and statistics that 663
pertain to adults and that are gathered pursuant to those664
sections. 665

       (2) The superintendent or the superintendent's designee shall 666
gather information of the nature described in division (C)(1) of 667
this section that pertains to the offense and delinquency history 668
of a person who has been convicted of, pleaded guilty to, or been 669
adjudicated a delinquent child for committing a sexually oriented 670
offense or a child-victim oriented offense for inclusion in the 671
state registry of sex offenders and child-victim offenders 672
maintained pursuant to division (A)(1) of section 2950.13 of the 673
Revised Code and in the internet database operated pursuant to 674
division (A)(13) of that section and for possible inclusion in the 675
internet database operated pursuant to division (A)(11) of that 676
section.677

        (3) In addition to any other authorized use of information, 678
data, and statistics of the nature described in division (C)(1) 679
of this section, the superintendent or the superintendent's 680
designee may provide and exchange the information, data, and 681
statistics pursuant to the national crime prevention and privacy 682
compact as described in division (A)(5) of this section.683

       (D) The information and materials furnished to the684
superintendent pursuant to division (A) of this section and685
information and materials furnished to any board or person under686
division (F) or (G) of this section are not public records under 687
section 149.43 of the Revised Code. The superintendent or the 688
superintendent's designee shall gather and retain information so 689
furnished under division (A) of this section that pertains to the 690
offense and delinquency history of a person who has been convicted 691
of, pleaded guilty to, or been adjudicated a delinquent child for 692
committing a sexually oriented offense or a child-victim oriented 693
offense for the purposes described in division (C)(2) of this 694
section.695

       (E) The attorney general shall adopt rules, in accordance696
with Chapter 119. of the Revised Code, setting forth the procedure 697
by which a person may receive or release information gathered by 698
the superintendent pursuant to division (A) of this section. A 699
reasonable fee may be charged for this service. If a temporary 700
employment service submits a request for a determination of 701
whether a person the service plans to refer to an employment702
position has been convicted of or pleaded guilty to an offense703
listed in division (A)(1), (3), (4), (5), or (6) of section 704
109.572 of the Revised Code, the request shall be treated as a 705
single request and only one fee shall be charged.706

       (F)(1) As used in division (F)(2) of this section, "head707
start agency" means an entity in this state that has been approved 708
to be an agency for purposes of subchapter II of the "Community 709
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, 710
as amended.711

       (2)(a) In addition to or in conjunction with any request that712
is required to be made under section 109.572, 2151.86, 3301.32,713
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012, 714
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised 715
Code or that is made under section 3314.41, 3319.392, or 3326.25 716
of the Revised Code, the board of education of any school 717
district; the director of mental retardation and developmental 718
disabilities; any county board of mental retardation and719
developmental disabilities; any entity under contract with a720
county board of mental retardation and developmental721
disabilities; the chief administrator of any chartered nonpublic722
school; the chief administrator of any home health agency; the 723
chief administrator of or person operating any child day-care 724
center, type A family day-care home, or type B family day-care 725
home licensed or certified under Chapter 5104. of the Revised 726
Code; the administrator of any type C family day-care home 727
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st728
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st729
general assembly; the chief administrator of any head start 730
agency; the executive director of a public children services 731
agency; a private company described in section 3314.41, 3319.392, 732
or 3326.25 of the Revised Code; or an employer described in 733
division (J)(2) of section 3327.10 of the Revised Code may 734
request that the superintendent of the bureau investigate and735
determine, with respect to any individual who has applied for736
employment in any position after October 2, 1989, or any 737
individual wishing to apply for employment with a board of 738
education may request, with regard to the individual, whether the 739
bureau has any information gathered under division (A) of this 740
section that pertains to that individual. On receipt of the 741
request, the superintendent shall determine whether that 742
information exists and, upon request of the person, board, or 743
entity requesting information, also shall request from the 744
federal bureau of investigation any criminal records it has 745
pertaining to that individual. The superintendent or the 746
superintendent's designee also may request criminal history 747
records from other states or the federal government pursuant to 748
the national crime prevention and privacy compact set forth in 749
section 109.571 of the Revised Code. Within thirty days of the 750
date that the superintendent receives a request, the 751
superintendent shall send to the board, entity, or person a 752
report of any information that the superintendent determines 753
exists, including information contained in records that have been 754
sealed under section 2953.32 of the Revised Code, and, within 755
thirty days of its receipt, shall send the board, entity, or 756
person a report of any information received from the federal757
bureau of investigation, other than information the dissemination758
of which is prohibited by federal law.759

       (b) When a board of education is required to receive 760
information under this section as a prerequisite to employment of 761
an individual pursuant to section 3319.39 of the Revised Code, it 762
may accept a certified copy of records that were issued by the 763
bureau of criminal identification and investigation and that are764
presented by an individual applying for employment with the765
district in lieu of requesting that information itself. In such a 766
case, the board shall accept the certified copy issued by the 767
bureau in order to make a photocopy of it for that individual's 768
employment application documents and shall return the certified 769
copy to the individual. In a case of that nature, a district only 770
shall accept a certified copy of records of that nature within one 771
year after the date of their issuance by the bureau.772

       (3) The state board of education may request, with respect to 773
any individual who has applied for employment after October 2,774
1989, in any position with the state board or the department of775
education, any information that a school district board of776
education is authorized to request under division (F)(2) of this 777
section, and the superintendent of the bureau shall proceed as if 778
the request has been received from a school district board of 779
education under division (F)(2) of this section.780

       (4) When the superintendent of the bureau receives a request 781
for information under section 3319.291 of the Revised Code, the 782
superintendent shall proceed as if the request has been received 783
from a school district board of education under division (F)(2) of 784
this section.785

       (5) When a recipient of a classroom reading improvement grant 786
paid under section 3301.86 of the Revised Code requests, with 787
respect to any individual who applies to participate in providing 788
any program or service funded in whole or in part by the grant, 789
the information that a school district board of education is 790
authorized to request under division (F)(2)(a) of this section, 791
the superintendent of the bureau shall proceed as if the request 792
has been received from a school district board of education under 793
division (F)(2)(a) of this section.794

       (G) In addition to or in conjunction with any request that is 795
required to be made under section 3701.881, 3712.09, 3721.121, or 796
3722.151 of the Revised Code with respect to an individual who has 797
applied for employment in a position that involves providing 798
direct care to an older adult, the chief administrator of a home 799
health agency, hospice care program, home licensed under Chapter 800
3721. of the Revised Code, adult day-care program operated 801
pursuant to rules adopted under section 3721.04 of the Revised 802
Code, or adult care facility may request that the superintendent 803
of the bureau investigate and determine, with respect to any 804
individual who has applied after January 27, 1997, for employment 805
in a position that does not involve providing direct care to an 806
older adult, whether the bureau has any information gathered under 807
division (A) of this section that pertains to that individual.808

       In addition to or in conjunction with any request that is 809
required to be made under section 173.27 of the Revised Code with 810
respect to an individual who has applied for employment in a 811
position that involves providing ombudsperson services to 812
residents of long-term care facilities or recipients of 813
community-based long-term care services, the state long-term care 814
ombudsperson, ombudsperson's designee, or director of health may 815
request that the superintendent investigate and determine, with 816
respect to any individual who has applied for employment in a 817
position that does not involve providing such ombudsperson 818
services, whether the bureau has any information gathered under 819
division (A) of this section that pertains to that applicant.820

       In addition to or in conjunction with any request that is 821
required to be made under section 173.394 of the Revised Code with 822
respect to an individual who has applied for employment in a 823
position that involves providing direct care to an individual, the 824
chief administrator of a community-based long-term care agency may 825
request that the superintendent investigate and determine, with 826
respect to any individual who has applied for employment in a 827
position that does not involve providing direct care, whether the 828
bureau has any information gathered under division (A) of this 829
section that pertains to that applicant.830

       On receipt of a request under this division, the831
superintendent shall determine whether that information exists832
and, on request of the individual requesting information, shall 833
also request from the federal bureau of investigation any criminal 834
records it has pertaining to the applicant. The superintendent or 835
the superintendent's designee also may request criminal history 836
records from other states or the federal government pursuant to 837
the national crime prevention and privacy compact set forth in 838
section 109.571 of the Revised Code. Within thirty days of the 839
date a request is received, the superintendent shall send to the 840
requester a report of any information determined to exist, 841
including information contained in records that have been sealed 842
under section 2953.32 of the Revised Code, and, within thirty days 843
of its receipt, shall send the requester a report of any844
information received from the federal bureau of investigation,845
other than information the dissemination of which is prohibited by 846
federal law.847

       (H) Information obtained by a government entity or person 848
under this section is confidential and shall not be released or 849
disseminated.850

       (I) The superintendent may charge a reasonable fee for851
providing information or criminal records under division (F)(2) or 852
(G) of this section.853

       (J) As used in this section, "sexually oriented offense" and 854
"child-victim oriented offense" have the same meanings as in 855
section 2950.01 of the Revised Code.856

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 857
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised 858
Code, a completed form prescribed pursuant to division (C)(1) of 859
this section, and a set of fingerprint impressions obtained in 860
the manner described in division (C)(2) of this section, the 861
superintendent of the bureau of criminal identification and 862
investigation shall conduct a criminal records check in the 863
manner described in division (B) of this section to determine 864
whether any information exists that indicates that the person who 865
is the subject of the request previously has been convicted of or 866
pleaded guilty to any of the following:867

       (a) A violation of section 2903.01, 2903.02, 2903.03, 868
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 869
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 870
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 871
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 872
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 873
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 874
2925.06, or 3716.11 of the Revised Code, felonious sexual 875
penetration in violation of former section 2907.12 of the Revised 876
Code, a violation of section 2905.04 of the Revised Code as it 877
existed prior to July 1, 1996, a violation of section 2919.23 of 878
the Revised Code that would have been a violation of section 879
2905.04 of the Revised Code as it existed prior to July 1, 1996, 880
had the violation been committed prior to that date, or a 881
violation of section 2925.11 of the Revised Code that is not a 882
minor drug possession offense;883

       (b) A violation of an existing or former law of this state, 884
any other state, or the United States that is substantially 885
equivalent to any of the offenses listed in division (A)(1)(a) of 886
this section.887

       (2) On receipt of a request pursuant to section 5123.081 of 888
the Revised Code with respect to an applicant for employment in 889
any position with the department of mental retardation and890
developmental disabilities, pursuant to section 5126.28 of the 891
Revised Code with respect to an applicant for employment in any 892
position with a county board of mental retardation and893
developmental disabilities, or pursuant to section 5126.281 of the 894
Revised Code with respect to an applicant for employment in a 895
direct services position with an entity contracting with a county 896
board for employment, a completed form prescribed pursuant to 897
division (C)(1) of this section, and a set of fingerprint 898
impressions obtained in the manner described in division (C)(2) of 899
this section, the superintendent of the bureau of criminal 900
identification and investigation shall conduct a criminal records 901
check. The superintendent shall conduct the criminal records check 902
in the manner described in division (B) of this section to 903
determine whether any information exists that indicates that the 904
person who is the subject of the request has been convicted of or 905
pleaded guilty to any of the following:906

       (a) A violation of section 2903.01, 2903.02, 2903.03, 907
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 908
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 909
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 910
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 911
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 912
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 913
2925.03, or 3716.11 of the Revised Code;914

       (b) An existing or former municipal ordinance or law of this 915
state, any other state, or the United States that is substantially 916
equivalent to any of the offenses listed in division (A)(2)(a) of 917
this section.918

       (3) On receipt of a request pursuant to section 173.27, 919
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a 920
completed form prescribed pursuant to division (C)(1) of this 921
section, and a set of fingerprint impressions obtained in the 922
manner described in division (C)(2) of this section, the 923
superintendent of the bureau of criminal identification and 924
investigation shall conduct a criminal records check with respect 925
to any person who has applied for employment in a position for 926
which a criminal records check is required by those sections. The 927
superintendent shall conduct the criminal records check in the 928
manner described in division (B) of this section to determine 929
whether any information exists that indicates that the person who 930
is the subject of the request previously has been convicted of or 931
pleaded guilty to any of the following:932

       (a) A violation of section 2903.01, 2903.02, 2903.03, 933
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 934
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 935
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 936
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 937
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 938
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 939
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 940
2925.22, 2925.23, or 3716.11 of the Revised Code;941

       (b) An existing or former law of this state, any other state, 942
or the United States that is substantially equivalent to any of 943
the offenses listed in division (A)(3)(a) of this section.944

       (4) On receipt of a request pursuant to section 3701.881 of 945
the Revised Code with respect to an applicant for employment with 946
a home health agency as a person responsible for the care, 947
custody, or control of a child, a completed form prescribed 948
pursuant to division (C)(1) of this section, and a set of 949
fingerprint impressions obtained in the manner described in 950
division (C)(2) of this section, the superintendent of the bureau 951
of criminal identification and investigation shall conduct a 952
criminal records check. The superintendent shall conduct the 953
criminal records check in the manner described in division (B) of 954
this section to determine whether any information exists that 955
indicates that the person who is the subject of the request 956
previously has been convicted of or pleaded guilty to any of the 957
following:958

       (a) A violation of section 2903.01, 2903.02, 2903.03, 959
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 960
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 961
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 962
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 963
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 964
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 965
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 966
violation of section 2925.11 of the Revised Code that is not a 967
minor drug possession offense;968

       (b) An existing or former law of this state, any other state, 969
or the United States that is substantially equivalent to any of 970
the offenses listed in division (A)(4)(a) of this section.971

       (5) On receipt of a request pursuant to section 5111.032, 972
5111.033, or 5111.034 of the Revised Code, a completed form 973
prescribed pursuant to division (C)(1) of this section, and a set 974
of fingerprint impressions obtained in the manner described in 975
division (C)(2) of this section, the superintendent of the bureau 976
of criminal identification and investigation shall conduct a 977
criminal records check. The superintendent shall conduct the 978
criminal records check in the manner described in division (B) of 979
this section to determine whether any information exists that 980
indicates that the person who is the subject of the request 981
previously has been convicted of, has pleaded guilty to, or has 982
been found eligible for intervention in lieu of conviction for 983
any of the following:984

       (a) A violation of section 2903.01, 2903.02, 2903.03, 985
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 986
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 987
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 988
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 989
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 990
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 991
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11, 992
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02, 993
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04, 994
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or 995
3716.11 of the Revised Code, felonious sexual penetration in 996
violation of former section 2907.12 of the Revised Code, a 997
violation of section 2905.04 of the Revised Code as it existed 998
prior to July 1, 1996, a violation of section 2919.23 of the 999
Revised Code that would have been a violation of section 2905.04 1000
of the Revised Code as it existed prior to July 1, 1996, had the 1001
violation been committed prior to that date;1002

       (b) An existing or former law of this state, any other state, 1003
or the United States that is substantially equivalent to any of 1004
the offenses listed in division (A)(5)(a) of this section.1005

       (6) On receipt of a request pursuant to section 3701.881 of 1006
the Revised Code with respect to an applicant for employment with 1007
a home health agency in a position that involves providing direct 1008
care to an older adult, a completed form prescribed pursuant to 1009
division (C)(1) of this section, and a set of fingerprint 1010
impressions obtained in the manner described in division (C)(2) of 1011
this section, the superintendent of the bureau of criminal 1012
identification and investigation shall conduct a criminal records 1013
check. The superintendent shall conduct the criminal records check 1014
in the manner described in division (B) of this section to 1015
determine whether any information exists that indicates that the 1016
person who is the subject of the request previously has been 1017
convicted of or pleaded guilty to any of the following:1018

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1019
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1020
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 1021
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 1022
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1023
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 1024
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 1025
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1026
2925.22, 2925.23, or 3716.11 of the Revised Code;1027

       (b) An existing or former law of this state, any other state, 1028
or the United States that is substantially equivalent to any of 1029
the offenses listed in division (A)(6)(a) of this section.1030

       (7) When conducting a criminal records check upon a request 1031
pursuant to section 3319.39 of the Revised Code for an applicant 1032
who is a teacher, in addition to the determination made under 1033
division (A)(1) of this section, the superintendent shall 1034
determine whether any information exists that indicates that the 1035
person who is the subject of the request previously has been 1036
convicted of or pleaded guilty to any offense specified in section 1037
3319.31 of the Revised Code.1038

       (8) On receipt of a request pursuant to section 2151.86 of 1039
the Revised Code, a completed form prescribed pursuant to 1040
division (C)(1) of this section, and a set of fingerprint 1041
impressions obtained in the manner described in division (C)(2) 1042
of this section, the superintendent of the bureau of criminal 1043
identification and investigation shall conduct a criminal records 1044
check in the manner described in division (B) of this section to 1045
determine whether any information exists that indicates that the 1046
person who is the subject of the request previously has been 1047
convicted of or pleaded guilty to any of the following:1048

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 1049
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 1050
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 1051
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 1052
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 1053
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 1054
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 1055
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 1056
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 1057
of the Revised Code, a violation of section 2905.04 of the 1058
Revised Code as it existed prior to July 1, 1996, a violation of 1059
section 2919.23 of the Revised Code that would have been a 1060
violation of section 2905.04 of the Revised Code as it existed 1061
prior to July 1, 1996, had the violation been committed prior to 1062
that date, a violation of section 2925.11 of the Revised Code 1063
that is not a minor drug possession offense, two or more OVI or 1064
OVUAC violations committed within the three years immediately 1065
preceding the submission of the application or petition that is 1066
the basis of the request, or felonious sexual penetration in 1067
violation of former section 2907.12 of the Revised Code;1068

       (b) A violation of an existing or former law of this state, 1069
any other state, or the United States that is substantially 1070
equivalent to any of the offenses listed in division (A)(8)(a) of 1071
this section.1072

       (9) Upon receipt of a request pursuant to section 5104.012 1073
or 5104.013 of the Revised Code, a completed form prescribed 1074
pursuant to division (C)(1) of this section, and a set of 1075
fingerprint impressions obtained in the manner described in 1076
division (C)(2) of this section, the superintendent of the bureau 1077
of criminal identification and investigation shall conduct a 1078
criminal records check in the manner described in division (B) of 1079
this section to determine whether any information exists that 1080
indicates that the person who is the subject of the request has 1081
been convicted of or pleaded guilty to any of the following:1082

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1083
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 1084
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 1085
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 1086
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 1087
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 1088
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 1089
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 1090
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, 1091
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, 1092
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 1093
3716.11 of the Revised Code, felonious sexual penetration in 1094
violation of former section 2907.12 of the Revised Code, a 1095
violation of section 2905.04 of the Revised Code as it existed 1096
prior to July 1, 1996, a violation of section 2919.23 of the 1097
Revised Code that would have been a violation of section 2905.04 1098
of the Revised Code as it existed prior to July 1, 1996, had the 1099
violation been committed prior to that date, a violation of 1100
section 2925.11 of the Revised Code that is not a minor drug 1101
possession offense, a violation of section 2923.02 or 2923.03 of 1102
the Revised Code that relates to a crime specified in this 1103
division, or a second violation of section 4511.19 of the 1104
Revised Code within five years of the date of application for 1105
licensure or certification.1106

       (b) A violation of an existing or former law of this state, 1107
any other state, or the United States that is substantially 1108
equivalent to any of the offenses or violations described in 1109
division (A)(9)(a) of this section.1110

       (10) Upon receipt of a request pursuant to section 5153.111 1111
of the Revised Code, a completed form prescribed pursuant to 1112
division (C)(1) of this section, and a set of fingerprint 1113
impressions obtained in the manner described in division (C)(2) of 1114
this section, the superintendent of the bureau of criminal 1115
identification and investigation shall conduct a criminal records 1116
check in the manner described in division (B) of this section to 1117
determine whether any information exists that indicates that the 1118
person who is the subject of the request previously has been 1119
convicted of or pleaded guilty to any of the following:1120

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1121
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1122
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 1123
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 1124
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 1125
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 1126
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 1127
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, 1128
felonious sexual penetration in violation of former section 1129
2907.12 of the Revised Code, a violation of section 2905.04 of the 1130
Revised Code as it existed prior to July 1, 1996, a violation of 1131
section 2919.23 of the Revised Code that would have been a 1132
violation of section 2905.04 of the Revised Code as it existed 1133
prior to July 1, 1996, had the violation been committed prior to 1134
that date, or a violation of section 2925.11 of the Revised Code 1135
that is not a minor drug possession offense;1136

       (b) A violation of an existing or former law of this state, 1137
any other state, or the United States that is substantially 1138
equivalent to any of the offenses listed in division (A)(10)(a) of 1139
this section.1140

       (11) On receipt of a request for a criminal records check 1141
from an individual pursuant to section 4749.03 or 4749.06 of the 1142
Revised Code, accompanied by a completed copy of the form 1143
prescribed in division (C)(1) of this section and a set of 1144
fingerprint impressions obtained in a manner described in division 1145
(C)(2) of this section, the superintendent of the bureau of 1146
criminal identification and investigation shall conduct a criminal 1147
records check in the manner described in division (B) of this 1148
section to determine whether any information exists indicating 1149
that the person who is the subject of the request has been 1150
convicted of or pleaded guilty to a felony in this state or in any 1151
other state. If the individual indicates that a firearm will be 1152
carried in the course of business, the superintendent shall 1153
require information from the federal bureau of investigation as 1154
described in division (B)(2) of this section. The superintendent 1155
shall report the findings of the criminal records check and any 1156
information the federal bureau of investigation provides to the 1157
director of public safety.1158

       (12) On receipt of a request pursuant to section 1321.37, 1159
1322.03, 1322.031, or 4763.05 of the Revised Code, a completed 1160
form prescribed pursuant to division (C)(1) of this section, and 1161
a set of fingerprint impressions obtained in the manner described 1162
in division (C)(2) of this section, the superintendent of the 1163
bureau of criminal identification and investigation shall conduct 1164
a criminal records check with respect to any person who has 1165
applied for a license, permit, or certification from the 1166
department of commerce or a division in the department. The 1167
superintendent shall conduct the criminal records check in the 1168
manner described in division (B) of this section to determine 1169
whether any information exists that indicates that the person who 1170
is the subject of the request previously has been convicted of or 1171
pleaded guilty to any of the following: a violation of section 1172
2913.02, 2913.11, 2913.31, 2913.51, or 2925.03 of the Revised 1173
Code; any other criminal offense involving theft, receiving 1174
stolen property, embezzlement, forgery, fraud, passing bad 1175
checks, money laundering, or drug trafficking, or any criminal 1176
offense involving money or securities, as set forth in Chapters 1177
2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the 1178
Revised Code; or any existing or former law of this state, any 1179
other state, or the United States that is substantially 1180
equivalent to those offenses.1181

       (13) On receipt of a request for a criminal records check 1182
from the treasurer of state under section 113.041 of the Revised 1183
Code or from an individual under section 4701.08, 4715.101, 1184
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 1185
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 1186
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 1187
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 1188
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied 1189
by a completed form prescribed under division (C)(1) of this 1190
section and a set of fingerprint impressions obtained in the 1191
manner described in division (C)(2) of this section, the 1192
superintendent of the bureau of criminal identification and 1193
investigation shall conduct a criminal records check in the 1194
manner described in division (B) of this section to determine 1195
whether any information exists that indicates that the person who 1196
is the subject of the request has been convicted of or pleaded 1197
guilty to any criminal offense in this state or any other state. 1198
The superintendent shall send the results of a check requested 1199
under section 113.041 of the Revised Code to the treasurer of 1200
state and shall send the results of a check requested under any of 1201
the other listed sections to the licensing board specified by the 1202
individual in the request.1203

       (14) On receipt of a request pursuant to section 1121.23, 1204
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised 1205
Code, a completed form prescribed pursuant to division (C)(1) of 1206
this section, and a set of fingerprint impressions obtained in the 1207
manner described in division (C)(2) of this section, the 1208
superintendent of the bureau of criminal identification and 1209
investigation shall conduct a criminal records check in the manner 1210
described in division (B) of this section to determine whether any 1211
information exists that indicates that the person who is the 1212
subject of the request previously has been convicted of or pleaded 1213
guilty to any criminal offense under any existing or former law of 1214
this state, any other state, or the United States.1215

       (15) Not later than thirty days after the date the 1216
superintendent receives a request of a type described in division 1217
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), 1218
(12), or (14) of this section, the completed form, and the 1219
fingerprint impressions, the superintendent shall send the 1220
person, board, or entity that made the request any information, 1221
other than information the dissemination of which is prohibited 1222
by federal law, the superintendent determines exists with respect 1223
to the person who is the subject of the request that indicates 1224
that the person previously has been convicted of or pleaded 1225
guilty to any offense listed or described in division (A)(1), 1226
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), or 1227
(14) of this section, as appropriate. The superintendent shall 1228
send the person, board, or entity that made the request a copy of 1229
the list of offenses specified in division (A)(1), (2), (3), (4), 1230
(5), (6), (7), (8), (9), (10), (11), (12), or (14) of this 1231
section, as appropriate. If the request was made under section 1232
3701.881 of the Revised Code with regard to an applicant who may 1233
be both responsible for the care, custody, or control of a child 1234
and involved in providing direct care to an older adult, the 1235
superintendent shall provide a list of the offenses specified in 1236
divisions (A)(4) and (6) of this section.1237

       Not later than thirty days after the superintendent receives 1238
a request for a criminal records check pursuant to section 113.041 1239
of the Revised Code, the completed form, and the fingerprint 1240
impressions, the superintendent shall send the treasurer of state 1241
any information, other than information the dissemination of which 1242
is prohibited by federal law, the superintendent determines exist 1243
with respect to the person who is the subject of the request that 1244
indicates that the person previously has been convicted of or 1245
pleaded guilty to any criminal offense in this state or any other 1246
state.1247

       (B) The superintendent shall conduct any criminal records 1248
check requested under section 113.041, 121.08, 173.27, 173.394, 1249
1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031, 1733.47, 1250
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 1251
3721.121, 3722.151, 4701.08, 4715.101, 4717.061, 4725.121, 1252
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 1253
4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 1254
4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 1255
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 1256
4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 1257
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 1258
5153.111 of the Revised Code as follows:1259

       (1) The superintendent shall review or cause to be reviewed 1260
any relevant information gathered and compiled by the bureau under 1261
division (A) of section 109.57 of the Revised Code that relates to 1262
the person who is the subject of the request, including, if the 1263
criminal records check was requested under section 113.041, 1264
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1265
1321.37, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 1266
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 1267
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032, 1268
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of 1269
the Revised Code, any relevant information contained in records 1270
that have been sealed under section 2953.32 of the Revised Code;1271

       (2) If the request received by the superintendent asks for 1272
information from the federal bureau of investigation, the 1273
superintendent shall request from the federal bureau of 1274
investigation any information it has with respect to the person 1275
who is the subject of the request, including fingerprint-based 1276
checks of national crime information databases as described in 42 1277
U.S.C. 671 if the request is made pursuant to section 2151.86, 1278
5104.012, or 5104.013 of the Revised Code or if any other Revised 1279
Code section requires fingerprint-based checks of that nature, and 1280
shall review or cause to be reviewed any information the 1281
superintendent receives from that bureau.1282

        (3) The superintendent or the superintendent's designee may 1283
request criminal history records from other states or the federal 1284
government pursuant to the national crime prevention and privacy 1285
compact set forth in section 109.571 of the Revised Code.1286

       (C)(1) The superintendent shall prescribe a form to obtain 1287
the information necessary to conduct a criminal records check from 1288
any person for whom a criminal records check is requested under 1289
section 113.041 of the Revised Code or required by section 1290
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1291
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 1292
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 1293
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 1294
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 1295
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 1296
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 1297
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 1298
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 1299
5126.28, 5126.281, or 5153.111 of the Revised Code. The form 1300
that the superintendent prescribes pursuant to this division may 1301
be in a tangible format, in an electronic format, or in both 1302
tangible and electronic formats.1303

       (2) The superintendent shall prescribe standard impression 1304
sheets to obtain the fingerprint impressions of any person for 1305
whom a criminal records check is requested under section 113.041 1306
of the Revised Code or required by section 121.08, 173.27, 1307
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031, 1308
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 1309
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061, 1310
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 1311
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 1312
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 1313
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 1314
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 1315
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 1316
5126.281, or 5153.111 of the Revised Code. Any person for whom a 1317
records check is requested under or required by any of those 1318
sections shall obtain the fingerprint impressions at a county 1319
sheriff's office, municipal police department, or any other 1320
entity with the ability to make fingerprint impressions on the 1321
standard impression sheets prescribed by the superintendent. The 1322
office, department, or entity may charge the person a reasonable 1323
fee for making the impressions. The standard impression sheets the 1324
superintendent prescribes pursuant to this division may be in a 1325
tangible format, in an electronic format, or in both tangible and 1326
electronic formats.1327

       (3) Subject to division (D) of this section, the 1328
superintendent shall prescribe and charge a reasonable fee for 1329
providing a criminal records check requested under section 1330
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1331
1315.141, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 1332
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 1333
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 1334
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 1335
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 1336
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 1337
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 1338
4763.05, 4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 1339
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the 1340
Revised Code. The person making a criminal records request 1341
under any of those sections shall pay the fee prescribed 1342
pursuant to this division. A person making a request under 1343
section 3701.881 of the Revised Code for a criminal records 1344
check for an applicant who may be both responsible for the care, 1345
custody, or control of a child and involved in providing direct 1346
care to an older adult shall pay one fee for the request. In the 1347
case of a request under section 1121.23, 1155.03, 1163.05, 1348
1315.141, 1733.47, 1761.26, or 5111.032 of the Revised Code, 1349
the fee shall be paid in the manner specified in that section.1350

       (4) The superintendent of the bureau of criminal 1351
identification and investigation may prescribe methods of 1352
forwarding fingerprint impressions and information necessary to 1353
conduct a criminal records check, which methods shall include, but 1354
not be limited to, an electronic method.1355

       (D) A determination whether any information exists that 1356
indicates that a person previously has been convicted of or 1357
pleaded guilty to any offense listed or described in division 1358
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or 1359
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or 1360
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14) of 1361
this section, or that indicates that a person previously has 1362
been convicted of or pleaded guilty to any criminal offense in 1363
this state or any other state regarding a criminal records check 1364
of a type described in division (A)(13) of this section, and 1365
that is made by the superintendent with respect to information 1366
considered in a criminal records check in accordance with this 1367
section is valid for the person who is the subject of the 1368
criminal records check for a period of one year from the date 1369
upon which the superintendent makes the determination. During the 1370
period in which the determination in regard to a person is valid, 1371
if another request under this section is made for a criminal 1372
records check for that person, the superintendent shall provide 1373
the information that is the basis for the superintendent's 1374
initial determination at a lower fee than the fee prescribed for 1375
the initial criminal records check.1376

       (E) As used in this section:1377

       (1) "Criminal records check" means any criminal records check 1378
conducted by the superintendent of the bureau of criminal 1379
identification and investigation in accordance with division (B) 1380
of this section.1381

       (2) "Minor drug possession offense" has the same meaning as 1382
in section 2925.01 of the Revised Code.1383

       (3) "Older adult" means a person age sixty or older.1384

       (4) "OVI or OVUAC violation" means a violation of section 1385
4511.19 of the Revised Code or a violation of an existing or 1386
former law of this state, any other state, or the United States 1387
that is substantially equivalent to section 4511.19 of the Revised 1388
Code.1389

       Sec. 109.71.  There is hereby created in the office of the1390
attorney general the Ohio peace officer training commission. The1391
commission shall consist of nine members appointed by the governor1392
with the advice and consent of the senate and selected as follows:1393
one member representing the public; two members who are incumbent1394
sheriffs; two members who are incumbent chiefs of police; one1395
member from the bureau of criminal identification and1396
investigation; one member from the state highway patrol; one1397
member who is the special agent in charge of a field office of the1398
federal bureau of investigation in this state; and one member from1399
the department of education, trade and industrial education1400
services, law enforcement training.1401

       This section does not confer any arrest authority or any 1402
ability or authority to detain a person, write or issue any 1403
citation, or provide any disposition alternative, as granted under 1404
Chapter 2935. of the Revised Code.1405

       As used in sections 109.71 to 109.801 of the Revised Code:1406

       (A) "Peace officer" means:1407

       (1) A deputy sheriff, marshal, deputy marshal, member of the1408
organized police department of a township or municipal1409
corporation, member of a township police district or joint1410
township police district police force, member of a police force1411
employed by a metropolitan housing authority under division (D) of1412
section 3735.31 of the Revised Code, or township constable, who is1413
commissioned and employed as a peace officer by a political1414
subdivision of this state or by a metropolitan housing authority,1415
and whose primary duties are to preserve the peace, to protect1416
life and property, and to enforce the laws of this state,1417
ordinances of a municipal corporation, resolutions of a township,1418
or regulations of a board of county commissioners or board of1419
township trustees, or any of those laws, ordinances, resolutions,1420
or regulations;1421

       (2) A police officer who is employed by a railroad company1422
and appointed and commissioned by the secretary of state pursuant 1423
to sections 4973.17 to 4973.22 of the Revised Code;1424

       (3) Employees of the department of taxation engaged in the1425
enforcement of Chapter 5743. of the Revised Code and designated by1426
the tax commissioner for peace officer training for purposes of1427
the delegation of investigation powers under section 5743.45 of1428
the Revised Code;1429

       (4) An undercover drug agent;1430

       (5) Enforcement agents of the department of public safety1431
whom the director of public safety designates under section1432
5502.14 of the Revised Code;1433

       (6) An employee of the department of natural resources who is 1434
a natural resources law enforcement staff officer designated1435
pursuant to section 1501.013, a park officer designated pursuant1436
to section 1541.10, a forest officer designated pursuant to1437
section 1503.29, a preserve officer designated pursuant to section1438
1517.10, a wildlife officer designated pursuant to section1439
1531.13, or a state watercraft officer designated pursuant to1440
section 1547.521 of the Revised Code;1441

       (7) An employee of a park district who is designated pursuant 1442
to section 511.232 or 1545.13 of the Revised Code;1443

       (8) An employee of a conservancy district who is designated1444
pursuant to section 6101.75 of the Revised Code;1445

       (9) A police officer who is employed by a hospital that1446
employs and maintains its own proprietary police department or1447
security department, and who is appointed and commissioned by the 1448
secretary of state pursuant to sections 4973.17 to 4973.22 of the 1449
Revised Code;1450

       (10) Veterans' homes police officers designated under section 1451
5907.02 of the Revised Code;1452

       (11) A police officer who is employed by a qualified1453
nonprofit corporation police department pursuant to section1454
1702.80 of the Revised Code;1455

       (12) A state university law enforcement officer appointed1456
under section 3345.04 of the Revised Code or a person serving as a1457
state university law enforcement officer on a permanent basis on1458
June 19, 1978, who has been awarded a certificate by the executive1459
director of the Ohio peace officer training commission attesting 1460
to the person's satisfactory completion of an approved state, 1461
county, municipal, or department of natural resources peace1462
officer basic training program;1463

       (13) A special police officer employed by the department of1464
mental health pursuant to section 5119.14 of the Revised Code or1465
the department of mental retardation and developmental1466
disabilities pursuant to section 5123.13 of the Revised Code;1467

       (14) A member of a campus police department appointed under1468
section 1713.50 of the Revised Code;1469

       (15) A member of a police force employed by a regional1470
transit authority under division (Y) of section 306.35 of the1471
Revised Code;1472

       (16) Investigators appointed by the auditor of state pursuant 1473
to section 117.091 of the Revised Code and engaged in the1474
enforcement of Chapter 117. of the Revised Code;1475

       (17) A special police officer designated by the1476
superintendent of the state highway patrol pursuant to section1477
5503.09 of the Revised Code or a person who was serving as a1478
special police officer pursuant to that section on a permanent1479
basis on October 21, 1997, and who has been awarded a certificate1480
by the executive director of the Ohio peace officer training1481
commission attesting to the person's satisfactory completion of an1482
approved state, county, municipal, or department of natural1483
resources peace officer basic training program;1484

       (18) A special police officer employed by a port authority 1485
under section 4582.04 or 4582.28 of the Revised Code or a person 1486
serving as a special police officer employed by a port authority 1487
on a permanent basis on May 17, 2000, who has been awarded a 1488
certificate by the executive director of the Ohio peace officer 1489
training commission attesting to the person's satisfactory 1490
completion of an approved state, county, municipal, or department 1491
of natural resources peace officer basic training program;1492

       (19) A special police officer employed by a municipal1493
corporation who has been awarded a certificate by the executive1494
director of the Ohio peace officer training commission for1495
satisfactory completion of an approved peace officer basic1496
training program and who is employed on a permanent basis on or1497
after March 19, 2003, at a municipal airport, or other municipal 1498
air navigation facility, that has scheduled operations, as defined 1499
in section 119.3 of Title 14 of the Code of Federal Regulations, 1500
14 C.F.R. 119.3, as amended, and that is required to be under a 1501
security program and is governed by aviation security rules of the 1502
transportation security administration of the United States 1503
department of transportation as provided in Parts 1542. and 1544. 1504
of Title 49 of the Code of Federal Regulations, as amended;1505

       (20) A police officer who is employed by an owner or operator 1506
of an amusement park that has an average yearly attendance in 1507
excess of six hundred thousand guests and that employs and 1508
maintains its own proprietary police department or security 1509
department, and who is appointed and commissioned by a judge of 1510
the appropriate municipal court or county court pursuant to 1511
section 4973.17 of the Revised Code;1512

        (21) A police officer who is employed by a bank, savings and 1513
loan association, savings bank, credit union, or association of 1514
banks, savings and loan associations, savings banks, or credit 1515
unions, who has been appointed and commissioned by the secretary 1516
of state pursuant to sections 4973.17 to 4973.22 of the Revised 1517
Code, and who has been awarded a certificate by the executive 1518
director of the Ohio peace officer training commission attesting 1519
to the person's satisfactory completion of a state, county, 1520
municipal, or department of natural resources peace officer basic 1521
training program;1522

       (22) An investigator, as defined in section 109.541 of the 1523
Revised Code, of the bureau of criminal identification and 1524
investigation who is commissioned by the superintendent of the 1525
bureau as a special agent for the purpose of assisting law 1526
enforcement officers or providing emergency assistance to peace 1527
officers pursuant to authority granted under that section;1528

       (23) A state fire marshal law enforcement officer appointed 1529
under section 3737.22 of the Revised Code or a person serving as a 1530
state fire marshal law enforcement officer on a permanent basis on 1531
or after July 1, 1982, who has been awarded a certificate by the 1532
executive director of the Ohio peace officer training commission 1533
attesting to the person's satisfactory completion of an approved 1534
state, county, municipal, or department of natural resources peace 1535
officer basic training program.1536

       (B) "Undercover drug agent" has the same meaning as in1537
division (B)(2) of section 109.79 of the Revised Code.1538

       (C) "Crisis intervention training" means training in the use1539
of interpersonal and communication skills to most effectively and1540
sensitively interview victims of rape.1541

       (D) "Missing children" has the same meaning as in section1542
2901.30 of the Revised Code.1543

       Sec. 109.77.  (A) As used in this section, "felony" has the1544
same meaning as in section 109.511 of the Revised Code.1545

       (B)(1) Notwithstanding any general, special, or local law or1546
charter to the contrary, and except as otherwise provided in this1547
section, no person shall receive an original appointment on a1548
permanent basis as any of the following unless the person1549
previously has been awarded a certificate by the executive1550
director of the Ohio peace officer training commission attesting1551
to the person's satisfactory completion of an approved state,1552
county, municipal, or department of natural resources peace1553
officer basic training program:1554

       (a) A peace officer of any county, township, municipal1555
corporation, regional transit authority, or metropolitan housing1556
authority;1557

       (b) A natural resources law enforcement staff officer, park1558
officer, forest officer, preserve officer, wildlife officer, or1559
state watercraft officer of the department of natural resources;1560

       (c) An employee of a park district under section 511.232 or1561
1545.13 of the Revised Code;1562

       (d) An employee of a conservancy district who is designated1563
pursuant to section 6101.75 of the Revised Code;1564

       (e) A state university law enforcement officer;1565

       (f) A special police officer employed by the department of1566
mental health pursuant to section 5119.14 of the Revised Code or1567
the department of mental retardation and developmental1568
disabilities pursuant to section 5123.13 of the Revised Code;1569

       (g) An enforcement agent of the department of public safety1570
whom the director of public safety designates under section1571
5502.14 of the Revised Code;1572

       (h) A special police officer employed by a port authority1573
under section 4582.04 or 4582.28 of the Revised Code;1574

       (i) A special police officer employed by a municipal1575
corporation at a municipal airport, or other municipal air1576
navigation facility, that has scheduled operations, as defined in1577
section 119.3 of Title 14 of the Code of Federal Regulations, 141578
C.F.R. 119.3, as amended, and that is required to be under a1579
security program and is governed by aviation security rules of the1580
transportation security administration of the United States1581
department of transportation as provided in Parts 1542. and 1544.1582
of Title 49 of the Code of Federal Regulations, as amended.1583

       (2) Every person who is appointed on a temporary basis or for 1584
a probationary term or on other than a permanent basis as any of 1585
the following shall forfeit the appointed position unless the1586
person previously has completed satisfactorily or, within the time1587
prescribed by rules adopted by the attorney general pursuant to1588
section 109.74 of the Revised Code, satisfactorily completes a1589
state, county, municipal, or department of natural resources peace1590
officer basic training program for temporary or probationary1591
officers and is awarded a certificate by the director attesting to1592
the satisfactory completion of the program:1593

       (a) A peace officer of any county, township, municipal1594
corporation, regional transit authority, or metropolitan housing1595
authority;1596

       (b) A natural resources law enforcement staff officer, park1597
officer, forest officer, preserve officer, wildlife officer, or1598
state watercraft officer of the department of natural resources;1599

       (c) An employee of a park district under section 511.232 or1600
1545.13 of the Revised Code;1601

       (d) An employee of a conservancy district who is designated1602
pursuant to section 6101.75 of the Revised Code;1603

       (e) A special police officer employed by the department of1604
mental health pursuant to section 5119.14 of the Revised Code or1605
the department of mental retardation and developmental1606
disabilities pursuant to section 5123.13 of the Revised Code;1607

       (f) An enforcement agent of the department of public safety1608
whom the director of public safety designates under section1609
5502.14 of the Revised Code;1610

       (g) A special police officer employed by a port authority1611
under section 4582.04 or 4582.28 of the Revised Code;1612

       (h) A special police officer employed by a municipal1613
corporation at a municipal airport, or other municipal air1614
navigation facility, that has scheduled operations, as defined in1615
section 119.3 of Title 14 of the Code of Federal Regulations, 141616
C.F.R. 119.3, as amended, and that is required to be under a1617
security program and is governed by aviation security rules of the1618
transportation security administration of the United States1619
department of transportation as provided in Parts 1542. and 1544.1620
of Title 49 of the Code of Federal Regulations, as amended.1621

       (3) For purposes of division (B) of this section, a state,1622
county, municipal, or department of natural resources peace1623
officer basic training program, regardless of whether the program1624
is to be completed by peace officers appointed on a permanent or1625
temporary, probationary, or other nonpermanent basis, shall1626
include at least fifteen hours of training in the handling of the1627
offense of domestic violence, other types of domestic1628
violence-related offenses and incidents, and protection orders and1629
consent agreements issued or approved under section 2919.26 or1630
3113.31 of the Revised Code and at least six hours of crisis1631
intervention training. The requirement to complete fifteen hours1632
of training in the handling of the offense of domestic violence,1633
other types of domestic violence-related offenses and incidents,1634
and protection orders and consent agreements issued or approved1635
under section 2919.26 or 3113.31 of the Revised Code does not1636
apply to any person serving as a peace officer on March 27, 1979,1637
and the requirement to complete six hours of training in crisis1638
intervention does not apply to any person serving as a peace1639
officer on April 4, 1985. Any person who is serving as a peace1640
officer on April 4, 1985, who terminates that employment after1641
that date, and who subsequently is hired as a peace officer by the1642
same or another law enforcement agency shall complete the six1643
hours of training in crisis intervention within the time1644
prescribed by rules adopted by the attorney general pursuant to1645
section 109.742 of the Revised Code. No peace officer shall have1646
employment as a peace officer terminated and then be reinstated1647
with intent to circumvent this section.1648

       (4) Division (B) of this section does not apply to any person 1649
serving on a permanent basis on March 28, 1985, as a park officer, 1650
forest officer, preserve officer, wildlife officer, or state 1651
watercraft officer of the department of natural resources or as an 1652
employee of a park district under section 511.232 or 1545.13 of 1653
the Revised Code, to any person serving on a permanent basis on1654
March 6, 1986, as an employee of a conservancy district designated1655
pursuant to section 6101.75 of the Revised Code, to any person1656
serving on a permanent basis on January 10, 1991, as a preserve1657
officer of the department of natural resources, to any person1658
employed on a permanent basis on July 2, 1992, as a special police1659
officer by the department of mental health pursuant to section1660
5119.14 of the Revised Code or by the department of mental1661
retardation and developmental disabilities pursuant to section1662
5123.13 of the Revised Code, to any person serving on a permanent1663
basis on May 17, 2000, as a special police officer employed by a 1664
port authority under section 4582.04 or 4582.28 of the Revised 1665
Code, to any person serving on a permanent basis on the effective 1666
date of this amendmentMarch 19, 2003, as a special police officer 1667
employed by a municipal corporation at a municipal airport or 1668
other municipal air navigation facility described in division 1669
(A)(19) of section 109.71 of the Revised Code, to any person 1670
serving on a permanent basis on June 19, 1978, as a state 1671
university law enforcement officer pursuant to section 3345.04 of 1672
the Revised Code and who, immediately prior to June 19, 1978, was 1673
serving as a special police officer designated under authority of 1674
that section, or to any person serving on a permanent basis on 1675
September 20, 1984, as a liquor control investigator, known after 1676
June 30, 1999, as an enforcement agent of the department of public 1677
safety, engaged in the enforcement of Chapters 4301. and 4303. of 1678
the Revised Code.1679

       (5) Division (B) of this section does not apply to any person 1680
who is appointed as a regional transit authority police officer1681
pursuant to division (Y) of section 306.35 of the Revised Code if, 1682
on or before July 1, 1996, the person has completed satisfactorily 1683
an approved state, county, municipal, or department of natural 1684
resources peace officer basic training program and has been 1685
awarded a certificate by the executive director of the Ohio peace 1686
officer training commission attesting to the person's satisfactory 1687
completion of such an approved program and if, on July 1, 1996, 1688
the person is performing peace officer functions for a regional 1689
transit authority.1690

       (C) No person, after September 20, 1984, shall receive an1691
original appointment on a permanent basis as a veterans' home 1692
police officer designated under section 5907.02 of the Revised1693
Code unless the person previously has been awarded a certificate1694
by the executive director of the Ohio peace officer training 1695
commission attesting to the person's satisfactory completion of an 1696
approved police officer basic training program. Every person who 1697
is appointed on a temporary basis or for a probationary term or on 1698
other than a permanent basis as a veterans' home police officer1699
designated under section 5907.02 of the Revised Code shall forfeit 1700
that position unless the person previously has completed 1701
satisfactorily or, within one year from the time of appointment,1702
satisfactorily completes an approved police officer basic training1703
program.1704

       (D) No bailiff or deputy bailiff of a court of record of this 1705
state and no criminal investigator who is employed by the state 1706
public defender shall carry a firearm, as defined in section1707
2923.11 of the Revised Code, while on duty unless the bailiff,1708
deputy bailiff, or criminal investigator has done or received one1709
of the following:1710

       (1) Has been awarded a certificate by the executive director1711
of the Ohio peace officer training commission, which certificate1712
attests to satisfactory completion of an approved state, county,1713
or municipal basic training program for bailiffs and deputy1714
bailiffs of courts of record and for criminal investigators1715
employed by the state public defender that has been recommended by1716
the Ohio peace officer training commission;1717

       (2) Has successfully completed a firearms training program1718
approved by the Ohio peace officer training commission prior to1719
employment as a bailiff, deputy bailiff, or criminal investigator;1720

       (3) Prior to June 6, 1986, was authorized to carry a firearm1721
by the court that employed the bailiff or deputy bailiff or, in1722
the case of a criminal investigator, by the state public defender1723
and has received training in the use of firearms that the Ohio1724
peace officer training commission determines is equivalent to the1725
training that otherwise is required by division (D) of this1726
section.1727

       (E)(1) Before a person seeking a certificate completes an 1728
approved peace officer basic training program, the executive 1729
director of the Ohio peace officer training commission shall 1730
request the person to disclose, and the person shall disclose, any 1731
previous criminal conviction of or plea of guilty of that person 1732
to a felony.1733

       (2) Before a person seeking a certificate completes an 1734
approved peace officer basic training program, the executive 1735
director shall request a criminal history records check on the 1736
person. The executive director shall submit the person's 1737
fingerprints to the bureau of criminal identification and 1738
investigation, which shall submit the fingerprints to the federal 1739
bureau of investigation for a national criminal history records 1740
check.1741

       Upon receipt of the executive director's request, the bureau 1742
of criminal identification and investigation and the federal 1743
bureau of investigation shall conduct a criminal history records 1744
check on the person and, upon completion of the check, shall1745
provide a copy of the criminal history records check to the 1746
executive director. The executive director shall not award any 1747
certificate prescribed in this section unless the executive 1748
director has received a copy of the criminal history records check 1749
on the person to whom the certificate is to be awarded.1750

       (3) The executive director of the commission shall not award1751
a certificate prescribed in this section to a person who has been1752
convicted of or has pleaded guilty to a felony or who fails to1753
disclose any previous criminal conviction of or plea of guilty to1754
a felony as required under division (E)(1) of this section.1755

       (4) The executive director of the commission shall revoke the 1756
certificate awarded to a person as prescribed in this section, and 1757
that person shall forfeit all of the benefits derived from being1758
certified as a peace officer under this section, if the person, 1759
before completion of an approved peace officer basic training 1760
program, failed to disclose any previous criminal conviction of or 1761
plea of guilty to a felony as required under division (E)(1) of 1762
this section.1763

       (F)(1) Regardless of whether the person has been awarded the1764
certificate or has been classified as a peace officer prior to,1765
on, or after October 16, 1996, the executive director of the Ohio1766
peace officer training commission shall revoke any certificate1767
that has been awarded to a person as prescribed in this section if1768
the person does either of the following:1769

       (a) Pleads guilty to a felony committed on or after January1770
1, 1997;1771

       (b) Pleads guilty to a misdemeanor committed on or after1772
January 1, 1997, pursuant to a negotiated plea agreement as1773
provided in division (D) of section 2929.43 of the Revised Code in1774
which the person agrees to surrender the certificate awarded to1775
the person under this section.1776

       (2) The executive director of the commission shall suspend1777
any certificate that has been awarded to a person as prescribed in1778
this section if the person is convicted, after trial, of a felony1779
committed on or after January 1, 1997. The executive director1780
shall suspend the certificate pursuant to division (F)(2) of this1781
section pending the outcome of an appeal by the person from that1782
conviction to the highest court to which the appeal is taken or1783
until the expiration of the period in which an appeal is required1784
to be filed. If the person files an appeal that results in that1785
person's acquittal of the felony or conviction of a misdemeanor,1786
or in the dismissal of the felony charge against that person, the1787
executive director shall reinstate the certificate awarded to the1788
person under this section. If the person files an appeal from that 1789
person's conviction of the felony and the conviction is upheld by 1790
the highest court to which the appeal is taken or if the person 1791
does not file a timely appeal, the executive director shall revoke 1792
the certificate awarded to the person under this section.1793

       (G)(1) If a person is awarded a certificate under this1794
section and the certificate is revoked pursuant to division (E)(4)1795
or (F) of this section, the person shall not be eligible to1796
receive, at any time, a certificate attesting to the person's1797
satisfactory completion of a peace officer basic training program.1798

       (2) The revocation or suspension of a certificate under1799
division (E)(4) or (F) of this section shall be in accordance with1800
Chapter 119. of the Revised Code.1801

       (H)(1) A person who was employed as a peace officer of a1802
county, township, or municipal corporation of the state on January1803
1, 1966, and who has completed at least sixteen years of full-time1804
active service as such a peace officer may receive an original1805
appointment on a permanent basis and serve as a peace officer of a1806
county, township, or municipal corporation, or as a state1807
university law enforcement officer, without complying with the1808
requirements of division (B) of this section.1809

       (2) Any person who held an appointment as a state highway1810
trooper on January 1, 1966, may receive an original appointment on1811
a permanent basis and serve as a peace officer of a county,1812
township, or municipal corporation, or as a state university law1813
enforcement officer, without complying with the requirements of1814
division (B) of this section.1815

       (I) No person who is appointed as a peace officer of a1816
county, township, or municipal corporation on or after April 9,1817
1985, shall serve as a peace officer of that county, township, or1818
municipal corporation unless the person has received training in1819
the handling of missing children and child abuse and neglect cases1820
from an approved state, county, township, or municipal police1821
officer basic training program or receives the training within the1822
time prescribed by rules adopted by the attorney general pursuant1823
to section 109.741 of the Revised Code.1824

       (J) No part of any approved state, county, or municipal basic 1825
training program for bailiffs and deputy bailiffs of courts of 1826
record and no part of any approved state, county, or municipal1827
basic training program for criminal investigators employed by the1828
state public defender shall be used as credit toward the1829
completion by a peace officer of any part of the approved state,1830
county, or municipal peace officer basic training program that the1831
peace officer is required by this section to complete1832
satisfactorily.1833

       (K) This section does not apply to any member of the police1834
department of a municipal corporation in an adjoining state1835
serving in this state under a contract pursuant to section 737.041836
of the Revised Code.1837

       Sec. 109.86.  (A) The attorney general shall investigate any1838
activity the attorney general has reasonable cause to believe is1839
in violation of section 2903.34 of the Revised Code. Upon written1840
request of the governor, the general assembly, the auditor of1841
state, or the director of health, job and family services, aging,1842
mental health, or mental retardation and developmental1843
disabilities, the attorney general shall investigate any activity1844
these persons believe is in violation of section 2903.34 of the1845
Revised Code. If after an investigation the attorney general has1846
probable cause to prosecute for the commission of a crime, the1847
attorney general shall refer the evidence to the prosecuting1848
attorney, director of law, or other similar chief legal officer1849
having jurisdiction over the matter. If the prosecuting attorney1850
decides to present the evidence to a grand jury, the prosecuting1851
attorney shall notify the attorney general in writing of the1852
decision within thirty days after referral of the matter and shall1853
present the evidence prior to the discharge of the next regular1854
grand jury. If the director of law or other chief legal officer1855
decides to prosecute the case, the director or officer shall1856
notify the attorney general in writing of the decision within1857
thirty days and shall initiate prosecution within sixty days after1858
the matter was referred to the director or officer.1859

       (B) If the prosecuting attorney, director of law, or other1860
chief legal officer fails to notify the attorney general or to1861
present evidence or initiate prosecution in accordance with1862
division (A) of this section, the attorney general may present the1863
evidence to a regular grand jury drawn and impaneled pursuant to1864
sections 2939.01 to 2939.24 of the Revised Code, or to a special1865
grand jury drawn and impaneled pursuant to section 2939.17 of the1866
Revised Code, or the attorney general may initiate and prosecute1867
any action in any court or tribunal of competent jurisdiction in1868
this state. The attorney general, and any assistant or special1869
counsel designated by the attorney general, have all the powers of1870
a prosecuting attorney, director of law, or other chief legal1871
officer when proceeding under this section. Nothing in this1872
section shall limit or prevent a prosecuting attorney, director of1873
law, or other chief legal officer from investigating and1874
prosecuting criminal activity committed against a resident or1875
patient of a care facility.1876

       Sec. 117.102. The auditor of state shall review the report 1877
of each school health and safety network inspection of a public 1878
school building and associated grounds submitted to the auditor of 1879
state under section 3701.932 of the Revised Code. The auditor of 1880
state may include references to any of the recommendations 1881
contained in the inspection report, as determined appropriate by 1882
the auditor of state, in any audit report of the school district, 1883
educational service center, county board of mental retardation and1884
developmental disabilities, or community school controlling the 1885
inspected building and grounds.1886

        As used in this section, "public school" has the same meaning 1887
as in section 3701.93 of the Revised Code.1888

       Sec. 121.02.  The following administrative departments and 1889
their respective directors are hereby created: 1890

       (A) The office of budget and management, which shall be 1891
administered by the director of budget and management; 1892

       (B) The department of commerce, which shall be administered 1893
by the director of commerce; 1894

       (C) The department of administrative services, which shall be 1895
administered by the director of administrative services; 1896

       (D) The department of transportation, which shall be 1897
administered by the director of transportation; 1898

       (E) The department of agriculture, which shall be 1899
administered by the director of agriculture; 1900

       (F) The department of natural resources, which shall be 1901
administered by the director of natural resources; 1902

       (G) The department of health, which shall be administered by 1903
the director of health; 1904

       (H) The department of job and family services, which shall be 1905
administered by the director of job and family services; 1906

       (I) Until July 1, 1997, the department of liquor control, 1907
which shall be administered by the director of liquor control; 1908

       (J) The department of public safety, which shall be 1909
administered by the director of public safety; 1910

       (K) The department of mental health, which shall be 1911
administered by the director of mental health; 1912

       (L) The department of mental retardation and developmental 1913
disabilities, which shall be administered by the director of 1914
mental retardation and developmental disabilities; 1915

       (M) The department of insurance, which shall be administered 1916
by the superintendent of insurance as director thereof; 1917

       (N) The department of development, which shall be 1918
administered by the director of development; 1919

       (O) The department of youth services, which shall be 1920
administered by the director of youth services; 1921

       (P) The department of rehabilitation and correction, which 1922
shall be administered by the director of rehabilitation and 1923
correction; 1924

       (Q) The environmental protection agency, which shall be 1925
administered by the director of environmental protection; 1926

       (R) The department of aging, which shall be administered by 1927
the director of aging; 1928

       (S) The department of alcohol and drug addiction services, 1929
which shall be administered by the director of alcohol and drug 1930
addiction services; 1931

       (T) The department of veterans services, which shall be 1932
administered by the director of veterans services. 1933

       The director of each department shall exercise the powers and 1934
perform the duties vested by law in such department. 1935

       Sec. 121.03.  The following administrative department heads 1936
shall be appointed by the governor, with the advice and consent of 1937
the senate, and shall hold their offices during the term of the 1938
appointing governor, and are subject to removal at the pleasure of 1939
the governor. 1940

       (A) The director of budget and management; 1941

       (B) The director of commerce; 1942

       (C) The director of transportation; 1943

       (D) The director of agriculture; 1944

       (E) The director of job and family services; 1945

       (F) Until July 1, 1997, the director of liquor control; 1946

       (G) The director of public safety; 1947

       (H) The superintendent of insurance; 1948

       (I) The director of development; 1949

       (J) The tax commissioner; 1950

       (K) The director of administrative services; 1951

       (L) The director of natural resources; 1952

       (M) The director of mental health; 1953

       (N) The director of mental retardation and developmental 1954
disabilities; 1955

       (O) The director of health; 1956

       (P) The director of youth services; 1957

       (Q) The director of rehabilitation and correction; 1958

       (R) The director of environmental protection; 1959

       (S) The director of aging; 1960

       (T) The director of alcohol and drug addiction services; 1961

       (U) The administrator of workers' compensation who meets the 1962
qualifications required under division (A) of section 4121.121 of 1963
the Revised Code; 1964

       (V) The director of veterans services who meets the 1965
qualifications required under section 5902.01 of the Revised Code. 1966

       Sec. 121.32.  The commission on Hispanic-Latino affairs 1967
shall:1968

       (A) Gather and disseminate information and conduct hearings, 1969
conferences, investigations, and special studies on problems and 1970
programs concerning Spanish-speaking people;1971

       (B) Secure appropriate recognition of the accomplishments and 1972
contributions of Spanish-speaking people to this state;1973

       (C) Stimulate public awareness of the problems of1974
Spanish-speaking people by conducting a program of public1975
education;1976

       (D) Develop, coordinate, and assist other public and private 1977
organizations that serve Spanish-speaking people, including the 1978
conducting of training programs for community leadership and 1979
service project staff;1980

       (E) Advise the governor, general assembly, and state1981
departments and agencies of the nature, magnitude, and priorities1982
of the problems of Spanish-speaking people;1983

       (F) Advise the governor, general assembly, and state1984
departments and agencies on, and assist in the development and1985
implementation of, comprehensive and coordinated policies,1986
programs, and procedures focusing on the special problems and1987
needs of Spanish-speaking people, especially in the fields of1988
education, employment, energy, health, housing, welfare, and1989
recreation;1990

       (G) Propose new programs concerning Spanish-speaking people 1991
to public and private agencies and evaluate for such agencies 1992
existing programs or prospective legislation concerning1993
Spanish-speaking people;1994

       (H) Review and approve grants to be made from federal, state, 1995
or private funds which are administered or subcontracted by the 1996
office of Spanish-speaking affairs;1997

       (I) Review and approve the annual report prepared by the1998
office of Spanish-speaking affairs;1999

       (J) Create an interagency council consisting of the following2000
persons or their authorized representatives: one member of the 2001
senate appointed by the president of the senate; one member of the 2002
house of representatives appointed by the speaker of the house of 2003
representatives; the directors of administrative services, 2004
agriculture, education, development, health, highway safety, job 2005
and family services, liquor control, mental health, mental 2006
retardation and developmental disabilities, natural resources, 2007
rehabilitation and correction, youth services, transportation, 2008
environmental protection, and budget and management; the 2009
chairperson of the Ohio civil rights commission, the2010
administrators of the bureau of workers' compensation and the 2011
rehabilitation services commission, and an additional member of 2012
the governor's cabinet appointed by the governor. The commission 2013
on Hispanic-Latino affairs, by rule, may designate other state2014
officers or their representatives to be members of the council. 2015
The director of the commission shall be the chairperson of the 2016
council.2017

       The interagency council shall provide and coordinate the 2018
exchange of information relative to the needs of Spanish-speaking 2019
people and promote the delivery of state services to such people. 2020
The council shall meet at the call of the chairperson.2021

       Sec. 121.36. (A) As used in this section, "home care 2022
dependent adult" means an individual who resides in a private home 2023
or other noninstitutional and unlicensed living arrangement, 2024
without the presence of a parent or guardian, but has health and 2025
safety needs that require the provision of regularly scheduled 2026
home care services to remain in the home or other living 2027
arrangement because one of the following is the case:2028

        (1) The individual is at least twenty-one years of age but 2029
less than sixty years of age and has a physical disability or 2030
mental impairment.2031

        (2) The individual is sixty years of age or older, regardless 2032
of whether the individual has a physical disability or mental 2033
impairment.2034

        (B) Except as provided in division (D) of this section, the 2035
departments of mental retardation and developmental disabilities, 2036
aging, job and family services, and health shall each implement 2037
this section with respect to all contracts entered into by the 2038
department for the provision of home care services to home care 2039
dependent adults that are paid for in whole or in part with 2040
federal, state, or local funds. Except as provided in division (D) 2041
of this section, each department shall also require all public and 2042
private entities that receive money from or through the department 2043
to comply with this section when entering into contracts for the 2044
provision of home care services to home care dependent adults that 2045
are paid for in whole or in part with federal, state, or local 2046
funds. Such entities may include county boards of mental 2047
retardation and developmental disabilities, area agencies on 2048
aging, county departments of job and family services, and boards 2049
of health of city and general health districts.2050

        (C) Beginning one year after the effective date of this 2051
sectionSeptember 26, 2003, each contract subject to this section 2052
shall include terms requiring that the provider of home care 2053
services to home care dependent adults have a system in place that 2054
effectively monitors the delivery of the services by its 2055
employees. To be considered an effective monitoring system for 2056
purposes of the contract, the system established by a provider 2057
must include at least the following components:2058

        (1) When providing home care services to home care dependent 2059
adults who have a mental impairment or life-threatening health 2060
condition, a mechanism to verify whether the provider's employees 2061
are present at the location where the services are to be provided 2062
and at the time the services are to be provided;2063

        (2) When providing home care services to all other home care 2064
dependent adults, a system to verify at the end of each working 2065
day whether the provider's employees have provided the services at 2066
the proper location and time; 2067

       (3) A protocol to be followed in scheduling a substitute 2068
employee when the monitoring system identifies that an employee 2069
has failed to provide home care services at the proper location 2070
and time, including standards for determining the length of time 2071
that may elapse without jeopardizing the health and safety of the 2072
home care dependent adult;2073

        (4) Procedures for maintaining records of the information 2074
obtained through the monitoring system;2075

       (5) Procedures for compiling annual reports of the 2076
information obtained through the monitoring system, including 2077
statistics on the rate at which home care services were provided 2078
at the proper location and time;2079

        (6) Procedures for conducting random checks of the accuracy 2080
of the monitoring system. For purposes of conducting these checks, 2081
a random check is considered to be a check of not more than five 2082
per cent of the home care visits the provider's employees make to 2083
different home care dependent adults within a particular work 2084
shift.2085

        (D) In implementing this section, the departments shall 2086
exempt providers of home care services who are self-employed 2087
providers with no other employees or are otherwise considered by 2088
the departments not to be agency providers. The departments shall 2089
conduct a study on how the exempted providers may be made subject 2090
to the requirement of effectively monitoring whether home care 2091
services are being provided and have been provided at the proper 2092
location and time. Not later than two years after the effective 2093
date of this sectionSeptember 26, 2003, the departments shall 2094
prepare a report of their findings and recommendations. The report 2095
shall be submitted to the president of the senate and the speaker 2096
of the house of representatives.2097

        (E) The departments of mental retardation and developmental 2098
disabilities, aging, job and family services, and health shall 2099
each adopt rules as necessary to implement this section. The rules 2100
shall be adopted in accordance with Chapter 119. of the Revised 2101
Code.2102

       Sec. 121.37.  (A)(1) There is hereby created the Ohio family2103
and children first cabinet council. The council shall be composed2104
of the superintendent of public instruction and the directors of2105
youth services, job and family services, mental health, health,2106
alcohol and drug addiction services, mental retardation and2107
developmental disabilities, and budget and management. The2108
chairperson of the council shall be the governor or the governor's2109
designee and shall establish procedures for the council's internal2110
control and management.2111

        The purpose of the cabinet council is to help families2112
seeking government services. This section shall not be interpreted 2113
or applied to usurp the role of parents, but solely to streamline 2114
and coordinate existing government services for families seeking 2115
assistance for their children.2116

       (2) In seeking to fulfill its purpose, the council may do any2117
of the following:2118

       (a) Advise and make recommendations to the governor and2119
general assembly regarding the provision of services to children;2120

       (b) Advise and assess local governments on the coordination2121
of service delivery to children;2122

       (c) Hold meetings at such times and places as may be2123
prescribed by the council's procedures and maintain records of the2124
meetings, except that records identifying individual children are2125
confidential and shall be disclosed only as provided by law;2126

       (d) Develop programs and projects, including pilot projects,2127
to encourage coordinated efforts at the state and local level to2128
improve the state's social service delivery system;2129

       (e) Enter into contracts with and administer grants to county 2130
family and children first councils, as well as other county or2131
multicounty organizations to plan and coordinate service delivery2132
between state agencies and local service providers for families2133
and children;2134

       (f) Enter into contracts with and apply for grants from2135
federal agencies or private organizations;2136

       (g) Enter into interagency agreements to encourage2137
coordinated efforts at the state and local level to improve the2138
state's social service delivery system. The agreements may include 2139
provisions regarding the receipt, transfer, and expenditure of 2140
funds;2141

       (h) Identify public and private funding sources for services2142
provided to alleged or adjudicated unruly children and children2143
who are at risk of being alleged or adjudicated unruly children,2144
including regulations governing access to and use of the services;2145

       (i) Collect information provided by local communities2146
regarding successful programs for prevention, intervention, and2147
treatment of unruly behavior, including evaluations of the2148
programs;2149

       (j) Identify and disseminate publications regarding alleged2150
or adjudicated unruly children and children who are at risk of2151
being alleged or adjudicated unruly children and regarding2152
programs serving those types of children;2153

       (k) Maintain an inventory of strategic planning facilitators2154
for use by government or nonprofit entities that serve alleged or2155
adjudicated unruly children or children who are at risk of being2156
alleged or adjudicated unruly children.2157

       (3) The cabinet council shall provide for the following:2158

       (a) Reviews of service and treatment plans for children for2159
which such reviews are requested;2160

       (b) Assistance as the council determines to be necessary to2161
meet the needs of children referred by county family and children2162
first councils;2163

       (c) Monitoring and supervision of a statewide, comprehensive, 2164
coordinated, multi-disciplinary, interagency system for infants 2165
and toddlers with developmental disabilities or delays and their 2166
families, as established pursuant to federal grants received and 2167
administered by the department of health for early intervention 2168
services under the "Individuals with Disabilities Education Act of 2169
2004," 20 U.S.C.A. 1400, as amended.2170

       (4) The cabinet council shall develop and implement the 2171
following:2172

       (a) An interagency process to select the indicators that will 2173
be used to measure progress toward increasing child well-being in 2174
the state and to update the indicators on an annual basis. The 2175
indicators shall focus on expectant parents and newborns thriving; 2176
infants and toddlers thriving; children being ready for school; 2177
children and youth succeeding in school; youth choosing healthy 2178
behaviors; and youth successfully transitioning into adulthood.2179

       (b) An interagency system to offer guidance and monitor 2180
progress toward increasing child well-being in the state and in 2181
each county;2182

       (c) An annual plan that identifies state-level agency efforts 2183
taken to ensure progress towards increasing child well-being in 2184
the state.2185

       On an annual basis, the cabinet council shall submit to the 2186
governor and the general assembly a report on the status of 2187
efforts to increase child well-being in the state. This report 2188
shall be made available to any other person on request.2189

       (B)(1) Each board of county commissioners shall establish a2190
county family and children first council. The board may invite any 2191
local public or private agency or group that funds, advocates, or 2192
provides services to children and families to have a2193
representative become a permanent or temporary member of its2194
county council. Each county council must include the following2195
individuals:2196

       (a) At least three individuals who are not employed by an 2197
agency represented on the council and whose families are or have2198
received services from an agency represented on the council or2199
another county's council. Where possible, the number of members2200
representing families shall be equal to twenty per cent of the2201
council's membership.2202

       (b) The director of the board of alcohol, drug addiction, and 2203
mental health services that serves the county, or, in the case of 2204
a county that has a board of alcohol and drug addiction services 2205
and a community mental health board, the directors of both boards. 2206
If a board of alcohol, drug addiction, and mental health services 2207
covers more than one county, the director may designate a person 2208
to participate on the county's council.2209

       (c) The health commissioner, or the commissioner's designee,2210
of the board of health of each city and general health district in2211
the county. If the county has two or more health districts, the2212
health commissioner membership may be limited to the commissioners2213
of the two districts with the largest populations.2214

       (d) The director of the county department of job and family2215
services;2216

       (e) The executive director of the public children services 2217
agency;2218

       (f) The superintendent of the county board of mental2219
retardation and developmental disabilities;2220

       (g) The superintendent of the city, exempted village, or2221
local school district with the largest number of pupils residing2222
in the county, as determined by the department of education, which2223
shall notify each board of county commissioners of its2224
determination at least biennially;2225

       (h) A school superintendent representing all other school2226
districts with territory in the county, as designated at a2227
biennial meeting of the superintendents of those districts;2228

       (i) A representative of the municipal corporation with the2229
largest population in the county;2230

       (j) The president of the board of county commissioners or an 2231
individual designated by the board;2232

       (k) A representative of the regional office of the department 2233
of youth services;2234

       (l) A representative of the county's head start agencies, as2235
defined in section 3301.32 of the Revised Code;2236

       (m) A representative of the county's early intervention2237
collaborative established pursuant to the federal early2238
intervention program operated under the "Individuals with 2239
Disabilities Education Act of 2004";2240

       (n) A representative of a local nonprofit entity that funds,2241
advocates, or provides services to children and families.2242

       Notwithstanding any other provision of law, the public2243
members of a county council are not prohibited from serving on the2244
council and making decisions regarding the duties of the council,2245
including those involving the funding of joint projects and those2246
outlined in the county's service coordination mechanism2247
implemented pursuant to division (C) of this section.2248

       The cabinet council shall establish a state appeals process2249
to resolve disputes among the members of a county council2250
concerning whether reasonable responsibilities as members are2251
being shared. The appeals process may be accessed only by a2252
majority vote of the council members who are required to serve on2253
the council. Upon appeal, the cabinet council may order that state2254
funds for services to children and families be redirected to a 2255
county's board of county commissioners.2256

       The county's juvenile court judge senior in service or 2257
another judge of the juvenile court designated by the 2258
administrative judge or, where there is no administrative judge, 2259
by the judge senior in service shall serve as the judicial advisor 2260
to the county family and children first council. The judge may 2261
advise the county council on the court's utilization of resources, 2262
services, or programs provided by the entities represented by the 2263
members of the county council and how those resources, services, 2264
or programs assist the court in its administration of justice. 2265
Service of a judge as a judicial advisor pursuant to this section 2266
is a judicial function.2267

       (2) The purpose of the county council is to streamline and 2268
coordinate existing government services for families seeking 2269
services for their children. In seeking to fulfill its purpose, a 2270
county council shall provide for the following:2271

       (a) Referrals to the cabinet council of those children for2272
whom the county council cannot provide adequate services;2273

       (b) Development and implementation of a process that annually 2274
evaluates and prioritizes services, fills service gaps where 2275
possible, and invents new approaches to achieve better results for 2276
families and children;2277

       (c) Participation in the development of a countywide,2278
comprehensive, coordinated, multi-disciplinary, interagency system2279
for infants and toddlers with developmental disabilities or delays2280
and their families, as established pursuant to federal grants2281
received and administered by the department of health for early2282
intervention services under the "Individuals with Disabilities 2283
Education Act of 2004";2284

       (d) Maintenance of an accountability system to monitor the2285
county council's progress in achieving results for families and2286
children;2287

       (e) Establishment of a mechanism to ensure ongoing input from 2288
a broad representation of families who are receiving services2289
within the county system.2290

       (3) A county council shall develop and implement the 2291
following:2292

       (a) An interagency process to establish local indicators and 2293
monitor the county's progress toward increasing child well-being 2294
in the county;2295

       (b) An interagency process to identify local priorities to 2296
increase child well-being. The local priorities shall focus on 2297
expectant parents and newborns thriving; infants and toddlers 2298
thriving; children being ready for school; children and youth 2299
succeeding in school; youth choosing healthy behaviors; and youth 2300
successfully transitioning into adulthood and take into account 2301
the indicators established by the cabinet council under division 2302
(A)(4)(a) of this section.2303

       (c) An annual plan that identifies the county's interagency 2304
efforts to increase child well-being in the county.2305

       On an annual basis, the county council shall submit a report 2306
on the status of efforts by the county to increase child 2307
well-being in the county to the county's board of county 2308
commissioners and the cabinet council. This report shall be made 2309
available to any other person on request.2310

       (4)(a) Except as provided in division (B)(4)(b) of this2311
section, a county council shall comply with the policies,2312
procedures, and activities prescribed by the rules or interagency2313
agreements of a state department participating on the cabinet2314
council whenever the county council performs a function subject to2315
those rules or agreements.2316

       (b) On application of a county council, the cabinet council2317
may grant an exemption from any rules or interagency agreements of2318
a state department participating on the council if an exemption is2319
necessary for the council to implement an alternative program or2320
approach for service delivery to families and children. The2321
application shall describe the proposed program or approach and2322
specify the rules or interagency agreements from which an2323
exemption is necessary. The cabinet council shall approve or2324
disapprove the application in accordance with standards and2325
procedures it shall adopt. If an application is approved, the2326
exemption is effective only while the program or approach is being2327
implemented, including a reasonable period during which the2328
program or approach is being evaluated for effectiveness.2329

       (5)(a) Each county council shall designate an administrative2330
agent for the council from among the following public entities:2331
the board of alcohol, drug addiction, and mental health services,2332
including a board of alcohol and drug addiction or a community2333
mental health board if the county is served by separate boards;2334
the board of county commissioners; any board of health of the2335
county's city and general health districts; the county department2336
of job and family services; the county agency responsible for the2337
administration of children services pursuant to section 5153.15 of2338
the Revised Code; the county board of mental retardation and2339
developmental disabilities; any of the county's boards of2340
education or governing boards of educational service centers; or2341
the county's juvenile court. Any of the foregoing public entities, 2342
other than the board of county commissioners, may decline to serve2343
as the council's administrative agent.2344

       A county council's administrative agent shall serve as the2345
council's appointing authority for any employees of the council.2346
The council shall file an annual budget with its administrative2347
agent, with copies filed with the county auditor and with the2348
board of county commissioners, unless the board is serving as the2349
council's administrative agent. The council's administrative agent 2350
shall ensure that all expenditures are handled in accordance with 2351
policies, procedures, and activities prescribed by state2352
departments in rules or interagency agreements that are applicable2353
to the council's functions.2354

       The administrative agent of a county council shall send 2355
notice of a member's absence if a member listed in division (B)(1) 2356
of this section has been absent from either three consecutive 2357
meetings of the county council or a county council subcommittee, 2358
or from one-quarter of such meetings in a calendar year, whichever 2359
is less. The notice shall be sent to the board of county 2360
commissioners that establishes the county council and, for the 2361
members listed in divisions (B)(1)(b), (c), (e), and (l) of this 2362
section, to the governing board overseeing the respective entity; 2363
for the member listed in division (B)(1)(f) of this section, to 2364
the county board of mental retardation and developmental 2365
disabilities that employs the superintendent; for a member listed 2366
in division (B)(1)(g) or (h) of this section, to the school board 2367
that employs the superintendent; for the member listed in division 2368
(B)(1)(i) of this section, to the mayor of the municipal 2369
corporation; for the member listed in division (B)(1)(k) of this 2370
section, to the director of youth services; and for the member 2371
listed in division (B)(1)(n), to that member's board of trustees.2372

       The administrative agent for a county council may do any of2373
the following on behalf of the council:2374

       (i) Enter into agreements or administer contracts with public 2375
or private entities to fulfill specific council business. Such 2376
agreements and contracts are exempt from the competitive bidding 2377
requirements of section 307.86 of the Revised Code if they have 2378
been approved by the county council and they are for the purchase 2379
of family and child welfare or child protection services or other 2380
social or job and family services for families and children. The 2381
approval of the county council is not required to exempt 2382
agreements or contracts entered into under section 5139.34,2383
5139.41, or 5139.43 of the Revised Code from the competitive2384
bidding requirements of section 307.86 of the Revised Code.2385

       (ii) As determined by the council, provide financial2386
stipends, reimbursements, or both, to family representatives for2387
expenses related to council activity;2388

       (iii) Receive by gift, grant, devise, or bequest any moneys,2389
lands, or other property for the purposes for which the council is2390
established. The agent shall hold, apply, and dispose of the2391
moneys, lands, or other property according to the terms of the2392
gift, grant, devise, or bequest. Any interest or earnings shall be 2393
treated in the same manner and are subject to the same terms as2394
the gift, grant, devise, or bequest from which it accrues.2395

       (b)(i) If the county council designates the board of county2396
commissioners as its administrative agent, the board may, by2397
resolution, delegate any of its powers and duties as2398
administrative agent to an executive committee the board2399
establishes from the membership of the county council. The board2400
shall name to the executive committee at least the individuals2401
described in divisions (B)(1)(b) to (h) of this section and may 2402
appoint the president of the board or another individual as the 2403
chair of the executive committee. The executive committee must 2404
include at least one family county council representative who does 2405
not have a family member employed by an agency represented on the 2406
council.2407

       (ii) The executive committee may, with the approval of the2408
board, hire an executive director to assist the county council in2409
administering its powers and duties. The executive director shall2410
serve in the unclassified civil service at the pleasure of the2411
executive committee. The executive director may, with the approval 2412
of the executive committee, hire other employees as necessary to 2413
properly conduct the county council's business.2414

       (iii) The board may require the executive committee to submit 2415
an annual budget to the board for approval and may amend or repeal 2416
the resolution that delegated to the executive committee its 2417
authority as the county council's administrative agent.2418

       (6) Two or more county councils may enter into an agreement2419
to administer their county councils jointly by creating a regional2420
family and children first council. A regional council possesses2421
the same duties and authority possessed by a county council,2422
except that the duties and authority apply regionally rather than2423
to individual counties. Prior to entering into an agreement to2424
create a regional council, the members of each county council to2425
be part of the regional council shall meet to determine whether2426
all or part of the members of each county council will serve as2427
members of the regional council.2428

       (7) A board of county commissioners may approve a resolution2429
by a majority vote of the board's members that requires the county2430
council to submit a statement to the board each time the council2431
proposes to enter into an agreement, adopt a plan, or make a2432
decision, other than a decision pursuant to section 121.38 of the2433
Revised Code, that requires the expenditure of funds for two or2434
more families. The statement shall describe the proposed2435
agreement, plan, or decision.2436

       Not later than fifteen days after the board receives the2437
statement, it shall, by resolution approved by a majority of its2438
members, approve or disapprove the agreement, plan, or decision.2439
Failure of the board to pass a resolution during that time period2440
shall be considered approval of the agreement, plan, or decision.2441

       An agreement, plan, or decision for which a statement is2442
required to be submitted to the board shall be implemented only if2443
it is approved by the board.2444

       (C) Each county shall develop a county service coordination2445
mechanism. The county service coordination mechanism shall serve 2446
as the guiding document for coordination of services in the 2447
county. For children who also receive services under the help me 2448
grow program, the service coordination mechanism shall be 2449
consistent with rules adopted by the department of health under 2450
section 3701.61 of the Revised Code. All family service 2451
coordination plans shall be developed in accordance with the 2452
county service coordination mechanism. The mechanism shall be 2453
developed and approved with the participation of the county2454
entities representing child welfare; mental retardation and 2455
developmental disabilities; alcohol, drug addiction, and mental 2456
health services; health; juvenile judges; education; the county 2457
family and children first council; and the county early2458
intervention collaborative established pursuant to the federal 2459
early intervention program operated under the "Individuals with 2460
Disabilities Education Act of 2004." The county shall establish an 2461
implementation schedule for the mechanism. The cabinet council may 2462
monitor the implementation and administration of each county's 2463
service coordination mechanism.2464

       Each mechanism shall include all of the following:2465

       (1) A procedure for an agency, including a juvenile court, or 2466
a family voluntarily seeking service coordination, to refer the 2467
child and family to the county council for service coordination in 2468
accordance with the mechanism;2469

       (2) A procedure ensuring that a family and all appropriate 2470
staff from involved agencies, including a representative from the 2471
appropriate school district, are notified of and invited to 2472
participate in all family service coordination plan meetings;2473

        (3) A procedure that permits a family to initiate a meeting 2474
to develop or review the family's service coordination plan and 2475
allows the family to invite a family advocate, mentor, or support 2476
person of the family's choice to participate in any such meeting;2477

        (4) A procedure for ensuring that a family service 2478
coordination plan meeting is conducted for each child who receives 2479
service coordination under the mechanism and for whom an emergency 2480
out-of-home placement has been made or for whom a nonemergency 2481
out-of-home placement is being considered. The meeting shall be 2482
conducted within ten days of an emergency out-of-home placement. 2483
The meeting shall be conducted before a nonemergency out-of-home 2484
placement. The family service coordination plan shall outline how 2485
the county council members will jointly pay for services, where 2486
applicable, and provide services in the least restrictive 2487
environment.2488

        (5) A procedure for monitoring the progress and tracking the 2489
outcomes of each service coordination plan requested in the county 2490
including monitoring and tracking children in out-of-home 2491
placements to assure continued progress, appropriateness of 2492
placement, and continuity of care after discharge from placement 2493
with appropriate arrangements for housing, treatment, and 2494
education.2495

        (6) A procedure for protecting the confidentiality of all 2496
personal family information disclosed during service coordination 2497
meetings or contained in the comprehensive family service 2498
coordination plan.2499

        (7) A procedure for assessing the needs and strengths of any 2500
child or family that has been referred to the council for service 2501
coordination, including a child whose parent or custodian is 2502
voluntarily seeking services, and for ensuring that parents and 2503
custodians are afforded the opportunity to participate;2504

       (8) A procedure for development of a family service 2505
coordination plan described in division (D) of this section;2506

       (9) A local dispute resolution process to serve as the2507
process that must be used first to resolve disputes among the2508
agencies represented on the county council concerning the2509
provision of services to children, including children who are2510
abused, neglected, dependent, unruly, alleged unruly, or2511
delinquent children and under the jurisdiction of the juvenile2512
court and children whose parents or custodians are voluntarily2513
seeking services. The local dispute resolution process shall2514
comply with sections 121.38, 121.381, and 121.382 of the Revised 2515
Code. The local dispute resolution process shall be used to 2516
resolve disputes between a child's parents or custodians and the 2517
county council regarding service coordination. The county council 2518
shall inform the parents or custodians of their right to use the 2519
dispute resolution process. Parents or custodians shall use 2520
existing local agency grievance procedures to address disputes not 2521
involving service coordination. The dispute resolution process is 2522
in addition to and does not replace other rights or procedures 2523
that parents or custodians may have under other sections of the 2524
Revised Code.2525

       The cabinet council shall adopt rules in accordance with 2526
Chapter 119. of the Revised Code establishing an administrative2527
review process to address problems that arise concerning the 2528
operation of a local dispute resolution process.2529

        Nothing in division (C)(4) of this section shall be 2530
interpreted as overriding or affecting decisions of a juvenile 2531
court regarding an out-of-home placement, long-term placement, or 2532
emergency out-of-home placement.2533

       (D) Each county shall develop a family service coordination2534
plan that does all of the following:2535

       (1) Designates service responsibilities among the various2536
state and local agencies that provide services to children and2537
their families, including children who are abused, neglected,2538
dependent, unruly, or delinquent children and under the2539
jurisdiction of the juvenile court and children whose parents or2540
custodians are voluntarily seeking services;2541

       (2) Designates an individual, approved by the family, to 2542
track the progress of the family service coordination plan, 2543
schedule reviews as necessary, and facilitate the family service 2544
coordination plan meeting process;2545

        (3) Ensures that assistance and services to be provided are 2546
responsive to the strengths and needs of the family, as well as 2547
the family's culture, race, and ethnic group, by allowing the 2548
family to offer information and suggestions and participate in 2549
decisions. Identified assistance and services shall be provided in 2550
the least restrictive environment possible.2551

        (4) Includes a process for dealing with a child who is 2552
alleged to be an unruly child. The process shall include methods 2553
to divert the child from the juvenile court system;2554

       (5) Includes timelines for completion of goals specified in 2555
the plan with regular reviews scheduled to monitor progress toward 2556
those goals;2557

        (6) Includes a plan for dealing with short-term crisis 2558
situations and safety concerns.2559

       (E)(1) The process provided for under division (D)(4) of this 2560
section may include, but is not limited to, the following:2561

        (a) Designation of the person or agency to conduct the2562
assessment of the child and the child's family as described in2563
division (C)(7) of this section and designation of the instrument 2564
or instruments to be used to conduct the assessment;2565

       (b) An emphasis on the personal responsibilities of the child 2566
and the parental responsibilities of the parents, guardian, or 2567
custodian of the child;2568

       (c) Involvement of local law enforcement agencies and2569
officials.2570

       (2) The method to divert a child from the juvenile court2571
system that must be included in the service coordination process2572
may include, but is not limited to, the following:2573

       (a) The preparation of a complaint under section 2151.27 of2574
the Revised Code alleging that the child is an unruly child and2575
notifying the child and the parents, guardian, or custodian that2576
the complaint has been prepared to encourage the child and the2577
parents, guardian, or custodian to comply with other methods to2578
divert the child from the juvenile court system;2579

       (b) Conducting a meeting with the child, the parents,2580
guardian, or custodian, and other interested parties to determine2581
the appropriate methods to divert the child from the juvenile2582
court system;2583

        (c) A method to provide to the child and the child's family a 2584
short-term respite from a short-term crisis situation involving a 2585
confrontation between the child and the parents, guardian, or2586
custodian;2587

       (d) A program to provide a mentor to the child or the2588
parents, guardian, or custodian;2589

       (e) A program to provide parenting education to the parents,2590
guardian, or custodian;2591

       (f) An alternative school program for children who are truant 2592
from school, repeatedly disruptive in school, or suspended or 2593
expelled from school;2594

       (g) Other appropriate measures, including, but not limited2595
to, any alternative methods to divert a child from the juvenile2596
court system that are identified by the Ohio family and children2597
first cabinet council.2598

       (F) Each county may review and revise the service2599
coordination process described in division (D) of this section2600
based on the availability of funds under Title IV-A of the "Social2601
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,2602
or to the extent resources are available from any other federal,2603
state, or local funds.2604

       Sec. 123.01.  (A) The department of administrative services, 2605
in addition to those powers enumerated in Chapters 124. and 125. 2606
of the Revised Code and provided elsewhere by law, shall exercise 2607
the following powers:2608

       (1) To prepare, or contract to be prepared, by licensed2609
engineers or architects, surveys, general and detailed plans,2610
specifications, bills of materials, and estimates of cost for any2611
projects, improvements, or public buildings to be constructed by2612
state agencies that may be authorized by legislative2613
appropriations or any other funds made available therefor,2614
provided that the construction of the projects, improvements, or2615
public buildings is a statutory duty of the department. This2616
section does not require the independent employment of an2617
architect or engineer as provided by section 153.01 of the Revised 2618
Code in the cases to which that section applies nor affect or 2619
alter the existing powers of the director of transportation.2620

       (2) To have general supervision over the construction of any 2621
projects, improvements, or public buildings constructed for a2622
state agency and over the inspection of materials previous to2623
their incorporation into those projects, improvements, or2624
buildings;2625

       (3) To make contracts for and supervise the construction of 2626
any projects and improvements or the construction and repair of 2627
buildings under the control of a state agency, except contracts 2628
for the repair of buildings under the management and control of 2629
the departments of public safety, job and family services, mental 2630
health, mental retardation and developmental disabilities,2631
rehabilitation and correction, and youth services, the bureau of2632
workers' compensation, the rehabilitation services commission, and 2633
boards of trustees of educational and benevolent institutions and 2634
except contracts for the construction of projects that do not 2635
require the issuance of a building permit or the issuance of a 2636
certificate of occupancy and that are necessary to remediate 2637
conditions at a hazardous waste facility, solid waste facility, or 2638
other location at which the director of environmental protection 2639
has reason to believe there is a substantial threat to public 2640
health or safety or the environment. These contracts shall be made 2641
and entered into by the directors of public safety, job and family 2642
services, mental health, mental retardation and developmental 2643
disabilities, rehabilitation and correction, and youth services, 2644
the administrator of workers' compensation, the rehabilitation 2645
services commission, the boards of trustees of such institutions, 2646
and the director of environmental protection, respectively. All 2647
such contracts may be in whole or in part on unit price basis of 2648
maximum estimated cost, with payment computed and made upon actual2649
quantities or units.2650

       (4) To prepare and suggest comprehensive plans for the2651
development of grounds and buildings under the control of a state2652
agency;2653

       (5) To acquire, by purchase, gift, devise, lease, or grant, 2654
all real estate required by a state agency, in the exercise of 2655
which power the department may exercise the power of eminent 2656
domain, in the manner provided by sections 163.01 to 163.22 of the 2657
Revised Code;2658

       (6) To make and provide all plans, specifications, and models 2659
for the construction and perfection of all systems of sewerage, 2660
drainage, and plumbing for the state in connection with buildings 2661
and grounds under the control of a state agency;2662

       (7) To erect, supervise, and maintain all public monuments2663
and memorials erected by the state, except where the supervision2664
and maintenance is otherwise provided by law;2665

       (8) To procure, by lease, storage accommodations for a state 2666
agency;2667

       (9) To lease or grant easements or licenses for unproductive 2668
and unused lands or other property under the control of a state 2669
agency. Such leases, easements, or licenses shall be granted for a 2670
period not to exceed fifteen years and shall be executed for the 2671
state by the director of administrative services and the governor 2672
and shall be approved as to form by the attorney general, provided 2673
that leases, easements, or licenses may be granted to any county, 2674
township, municipal corporation, port authority, water or sewer 2675
district, school district, library district, health district, park 2676
district, soil and water conservation district, conservancy 2677
district, or other political subdivision or taxing district, or 2678
any agency of the United States government, for the exclusive use 2679
of that agency, political subdivision, or taxing district, without 2680
any right of sublease or assignment, for a period not to exceed 2681
fifteen years, and provided that the director shall grant leases, 2682
easements, or licenses of university land for periods not to 2683
exceed twenty-five years for purposes approved by the respective 2684
university's board of trustees wherein the uses are compatible 2685
with the uses and needs of the university and may grant leases of 2686
university land for periods not to exceed forty years for purposes 2687
approved by the respective university's board of trustees pursuant 2688
to section 123.77 of the Revised Code.2689

       (10) To lease office space in buildings for the use of a2690
state agency;2691

       (11) To have general supervision and care of the storerooms, 2692
offices, and buildings leased for the use of a state agency;2693

       (12) To exercise general custodial care of all real property 2694
of the state;2695

       (13) To assign and group together state offices in any city 2696
in the state and to establish, in cooperation with the state2697
agencies involved, rules governing space requirements for office2698
or storage use;2699

       (14) To lease for a period not to exceed forty years,2700
pursuant to a contract providing for the construction thereof2701
under a lease-purchase plan, buildings, structures, and other2702
improvements for any public purpose, and, in conjunction2703
therewith, to grant leases, easements, or licenses for lands under 2704
the control of a state agency for a period not to exceed forty 2705
years. The lease-purchase plan shall provide that at the end of 2706
the lease period, the buildings, structures, and related2707
improvements, together with the land on which they are situated,2708
shall become the property of the state without cost.2709

       (a) Whenever any building, structure, or other improvement is 2710
to be so leased by a state agency, the department shall retain2711
either basic plans, specifications, bills of materials, and2712
estimates of cost with sufficient detail to afford bidders all2713
needed information or, alternatively, all of the following plans,2714
details, bills of materials, and specifications:2715

       (i) Full and accurate plans suitable for the use of mechanics 2716
and other builders in the improvement;2717

       (ii) Details to scale and full sized, so drawn and2718
represented as to be easily understood;2719

       (iii) Accurate bills showing the exact quantity of different 2720
kinds of material necessary to the construction;2721

       (iv) Definite and complete specifications of the work to be 2722
performed, together with such directions as will enable a2723
competent mechanic or other builder to carry them out and afford2724
bidders all needed information;2725

       (v) A full and accurate estimate of each item of expense and 2726
of the aggregate cost thereof.2727

       (b) The department shall give public notice, in such2728
newspaper, in such form, and with such phraseology as the director 2729
of administrative services prescribes, published once each week 2730
for four consecutive weeks, of the time when and place where bids 2731
will be received for entering into an agreement to lease to a 2732
state agency a building, structure, or other improvement. The last 2733
publication shall be at least eight days preceding the day for 2734
opening the bids. The bids shall contain the terms upon which the 2735
builder would propose to lease the building, structure, or other 2736
improvement to the state agency. The form of the bid approved by 2737
the department shall be used, and a bid is invalid and shall not 2738
be considered unless that form is used without change, alteration, 2739
or addition. Before submitting bids pursuant to this section, any 2740
builder shall comply with Chapter 153. of the Revised Code.2741

       (c) On the day and at the place named for receiving bids for 2742
entering into lease agreements with a state agency, the director 2743
of administrative services shall open the bids and shall publicly 2744
proceed immediately to tabulate the bids upon duplicate sheets. No 2745
lease agreement shall be entered into until the bureau of workers' 2746
compensation has certified that the person to be awarded the lease 2747
agreement has complied with Chapter 4123. of the Revised Code, 2748
until, if the builder submitting the lowest and best bid is a 2749
foreign corporation, the secretary of state has certified that the 2750
corporation is authorized to do business in this state, until, if 2751
the builder submitting the lowest and best bid is a person 2752
nonresident of this state, the person has filed with the secretary 2753
of state a power of attorney designating the secretary of state as 2754
its agent for the purpose of accepting service of summons in any 2755
action brought under Chapter 4123. of the Revised Code, and until 2756
the agreement is submitted to the attorney general and the 2757
attorney general's approval is certified thereon. Within thirty 2758
days after the day on which the bids are received, the department 2759
shall investigate the bids received and shall determine that the 2760
bureau and the secretary of state have made the certifications 2761
required by this section of the builder who has submitted the 2762
lowest and best bid. Within ten days of the completion of the 2763
investigation of the bids, the department shall award the lease 2764
agreement to the builder who has submitted the lowest and best bid 2765
and who has been certified by the bureau and secretary of state as 2766
required by this section. If bidding for the lease agreement has 2767
been conducted upon the basis of basic plans, specifications, 2768
bills of materials, and estimates of costs, upon the award to the 2769
builder the department, or the builder with the approval of the 2770
department, shall appoint an architect or engineer licensed in 2771
this state to prepare such further detailed plans, specifications, 2772
and bills of materials as are required to construct the building, 2773
structure, or improvement. The department shall adopt such rules 2774
as are necessary to give effect to this section. The department 2775
may reject any bid. Where there is reason to believe there is2776
collusion or combination among bidders, the bids of those2777
concerned therein shall be rejected.2778

       (15) To acquire by purchase, gift, devise, or grant and to2779
transfer, lease, or otherwise dispose of all real property2780
required to assist in the development of a conversion facility as2781
defined in section 5709.30 of the Revised Code as that section 2782
existed before its repeal by Amended Substitute House Bill 95 of 2783
the 125th general assembly;2784

       (16) To lease for a period not to exceed forty years,2785
notwithstanding any other division of this section, the2786
state-owned property located at 408-450 East Town Street,2787
Columbus, Ohio, formerly the state school for the deaf, to a2788
developer in accordance with this section. "Developer," as used in 2789
this section, has the same meaning as in section 123.77 of the2790
Revised Code.2791

       Such a lease shall be for the purpose of development of the2792
land for use by senior citizens by constructing, altering,2793
renovating, repairing, expanding, and improving the site as it2794
existed on June 25, 1982. A developer desiring to lease the land2795
shall prepare for submission to the department a plan for2796
development. Plans shall include provisions for roads, sewers,2797
water lines, waste disposal, water supply, and similar matters to2798
meet the requirements of state and local laws. The plans shall2799
also include provision for protection of the property by insurance 2800
or otherwise, and plans for financing the development, and shall 2801
set forth details of the developer's financial responsibility.2802

       The department may employ, as employees or consultants,2803
persons needed to assist in reviewing the development plans. Those 2804
persons may include attorneys, financial experts, engineers, and 2805
other necessary experts. The department shall review the 2806
development plans and may enter into a lease if it finds all of 2807
the following:2808

       (a) The best interests of the state will be promoted by2809
entering into a lease with the developer;2810

       (b) The development plans are satisfactory;2811

       (c) The developer has established the developer's financial2812
responsibility and satisfactory plans for financing the2813
development.2814

       The lease shall contain a provision that construction or2815
renovation of the buildings, roads, structures, and other2816
necessary facilities shall begin within one year after the date of 2817
the lease and shall proceed according to a schedule agreed to2818
between the department and the developer or the lease will be2819
terminated. The lease shall contain such conditions and2820
stipulations as the director considers necessary to preserve the2821
best interest of the state. Moneys received by the state pursuant 2822
to this lease shall be paid into the general revenue fund. The 2823
lease shall provide that at the end of the lease period the 2824
buildings, structures, and related improvements shall become the 2825
property of the state without cost.2826

       (17) To lease to any person any tract of land owned by the2827
state and under the control of the department, or any part of such 2828
a tract, for the purpose of drilling for or the pooling of oil or 2829
gas. Such a lease shall be granted for a period not exceeding 2830
forty years, with the full power to contract for, determine the 2831
conditions governing, and specify the amount the state shall 2832
receive for the purposes specified in the lease, and shall be 2833
prepared as in other cases.2834

       (18) To manage the use of space owned and controlled by the 2835
department, including space in property under the jurisdiction of 2836
the Ohio building authority, by doing all of the following:2837

       (a) Biennially implementing, by state agency location, a 2838
census of agency employees assigned space;2839

        (b) Periodically in the discretion of the director of 2840
administrative services:2841

       (i) Requiring each state agency to categorize the use of 2842
space allotted to the agency between office space, common areas, 2843
storage space, and other uses, and to report its findings to the 2844
department;2845

        (ii) Creating and updating a master space utilization plan 2846
for all space allotted to state agencies. The plan shall 2847
incorporate space utilization metrics.2848

        (iii) Conducting a cost-benefit analysis to determine the 2849
effectiveness of state-owned buildings;2850

        (iv) Assessing the alternatives associated with consolidating 2851
the commercial leases for buildings located in Columbus.2852

        (c) Commissioning a comprehensive space utilization and 2853
capacity study in order to determine the feasibility of 2854
consolidating existing commercially leased space used by state 2855
agencies into a new state-owned facility.2856

       (B) This section and section 125.02 of the Revised Code shall 2857
not interfere with any of the following:2858

       (1) The power of the adjutant general to purchase military2859
supplies, or with the custody of the adjutant general of property2860
leased, purchased, or constructed by the state and used for2861
military purposes, or with the functions of the adjutant general2862
as director of state armories;2863

       (2) The power of the director of transportation in acquiring 2864
rights-of-way for the state highway system, or the leasing of 2865
lands for division or resident district offices, or the leasing of 2866
lands or buildings required in the maintenance operations of the 2867
department of transportation, or the purchase of real property for 2868
garage sites or division or resident district offices, or in2869
preparing plans and specifications for and constructing such2870
buildings as the director may require in the administration of the 2871
department;2872

       (3) The power of the director of public safety and the2873
registrar of motor vehicles to purchase or lease real property and 2874
buildings to be used solely as locations to which a deputy2875
registrar is assigned pursuant to division (B) of section 4507.011 2876
of the Revised Code and from which the deputy registrar is to 2877
conduct the deputy registrar's business, the power of the director 2878
of public safety to purchase or lease real property and buildings 2879
to be used as locations for division or district offices as 2880
required in the maintenance of operations of the department of 2881
public safety, and the power of the superintendent of the state2882
highway patrol in the purchase or leasing of real property and2883
buildings needed by the patrol, to negotiate the sale of real 2884
property owned by the patrol, to rent or lease real property owned 2885
or leased by the patrol, and to make or cause to be made repairs 2886
to all property owned or under the control of the patrol;2887

       (4) The power of the division of liquor control in the2888
leasing or purchasing of retail outlets and warehouse facilities2889
for the use of the division;2890

       (5) The power of the director of development to enter into 2891
leases of real property, buildings, and office space to be used 2892
solely as locations for the state's foreign offices to carry out 2893
the purposes of section 122.05 of the Revised Code;2894

       (6) The power of the director of environmental protection to 2895
enter into environmental covenants, to grant and accept easements, 2896
or to sell property pursuant to division (G) of section 3745.01 of 2897
the Revised Code.2898

       (C) Purchases for, and the custody and repair of, buildings 2899
under the management and control of the capitol square review and 2900
advisory board, the rehabilitation services commission, the bureau 2901
of workers' compensation, or the departments of public safety, job 2902
and family services, mental health, mental retardation and2903
developmental disabilities, and rehabilitation and correction, and 2904
buildings of educational and benevolent institutions under the 2905
management and control of boards of trustees, are not subject to 2906
the control and jurisdiction of the department of administrative 2907
services.2908

       (D) Any instrument by which real property is acquired 2909
pursuant to this section shall identify the agency of the state 2910
that has the use and benefit of the real property as specified in 2911
section 5301.012 of the Revised Code.2912

       Sec. 124.11.  The civil service of the state and the several 2913
counties, cities, civil service townships, city health districts, 2914
general health districts, and city school districts of the state 2915
shall be divided into the unclassified service and the classified 2916
service.2917

       (A) The unclassified service shall comprise the following2918
positions, which shall not be included in the classified service,2919
and which shall be exempt from all examinations required by this2920
chapter:2921

       (1) All officers elected by popular vote or persons appointed 2922
to fill vacancies in those offices;2923

       (2) All election officers as defined in section 3501.01 of2924
the Revised Code;2925

       (3)(a) The members of all boards and commissions, and heads2926
of principal departments, boards, and commissions appointed by the 2927
governor or by and with the governor's consent; 2928

       (b) The heads of all departments appointed by a board of2929
county commissioners;2930

       (c) The members of all boards and commissions and all heads 2931
of departments appointed by the mayor, or, if there is no mayor, 2932
such other similar chief appointing authority of any city or city 2933
school district;2934

       Except as otherwise provided in division (A)(17) or (C) of 2935
this section, this chapter does not exempt the chiefs of police 2936
departments and chiefs of fire departments of cities or civil 2937
service townships from the competitive classified service.2938

       (4) The members of county or district licensing boards or2939
commissions and boards of revision, and not more than five deputy 2940
county auditors;2941

       (5) All officers and employees elected or appointed by either 2942
or both branches of the general assembly, and employees of the 2943
city legislative authority engaged in legislative duties;2944

       (6) All commissioned, warrant, and noncommissioned officers 2945
and enlisted persons in the Ohio organized militia, including2946
military appointees in the adjutant general's department;2947

       (7)(a) All presidents, business managers, administrative2948
officers, superintendents, assistant superintendents, principals,2949
deans, assistant deans, instructors, teachers, and such employees2950
as are engaged in educational or research duties connected with2951
the public school system, colleges, and universities, as2952
determined by the governing body of the public school system,2953
colleges, and universities;2954

       (b) The library staff of any library in the state supported 2955
wholly or in part at public expense.2956

       (8) Four clerical and administrative support employees for2957
each of the elective state officers, four clerical and2958
administrative support employees for each board of county2959
commissioners and one such employee for each county commissioner, 2960
and four clerical and administrative support employees for other 2961
elective officers and each of the principal appointive executive 2962
officers, boards, or commissions, except for civil service 2963
commissions, that are authorized to appoint such clerical and 2964
administrative support employees;2965

       (9) The deputies and assistants of state agencies authorized 2966
to act for and on behalf of the agency, or holding a fiduciary or 2967
administrative relation to that agency and those persons employed 2968
by and directly responsible to elected county officials or a 2969
county administrator and holding a fiduciary or administrative 2970
relationship to such elected county officials or county2971
administrator, and the employees of such county officials whose 2972
fitness would be impracticable to determine by competitive 2973
examination, provided that division (A)(9) of this section shall 2974
not affect those persons in county employment in the classified 2975
service as of September 19, 1961. Nothing in division (A)(9) of 2976
this section applies to any position in a county department of job 2977
and family services created pursuant to Chapter 329. of the 2978
Revised Code.2979

       (10) Bailiffs, constables, official stenographers, and2980
commissioners of courts of record, deputies of clerks of the2981
courts of common pleas who supervise or who handle public moneys2982
or secured documents, and such officers and employees of courts of 2983
record and such deputies of clerks of the courts of common pleas 2984
as the director of administrative services finds it impracticable 2985
to determine their fitness by competitive examination;2986

       (11) Assistants to the attorney general, special counsel2987
appointed or employed by the attorney general, assistants to2988
county prosecuting attorneys, and assistants to city directors of2989
law;2990

       (12) Such teachers and employees in the agricultural2991
experiment stations; such students in normal schools, colleges,2992
and universities of the state who are employed by the state or a2993
political subdivision of the state in student or intern2994
classifications; and such unskilled labor positions as the2995
director of administrative services or any municipal civil service 2996
commission may find it impracticable to include in the competitive 2997
classified service; provided such exemptions shall be by order of 2998
the commission or the director, duly entered on the record of the 2999
commission or the director with the reasons for each such 3000
exemption;3001

       (13) Any physician or dentist who is a full-time employee of 3002
the department of mental health, the department of mental3003
retardation and developmental disabilities, or an institution3004
under the jurisdiction of either department; and physicians who3005
are in residency programs at the institutions;3006

       (14) Up to twenty positions at each institution under the3007
jurisdiction of the department of mental health or the department3008
of mental retardation and developmental disabilities that the3009
department director determines to be primarily administrative or3010
managerial; and up to fifteen positions in any division of either3011
department, excluding administrative assistants to the director3012
and division chiefs, which are within the immediate staff of a3013
division chief and which the director determines to be primarily3014
and distinctively administrative and managerial;3015

       (15) Noncitizens of the United States employed by the state, 3016
or its counties or cities, as physicians or nurses who are duly 3017
licensed to practice their respective professions under the laws 3018
of this state, or medical assistants, in mental or chronic disease 3019
hospitals, or institutions;3020

       (16) Employees of the governor's office;3021

       (17) Fire chiefs and chiefs of police in civil service3022
townships appointed by boards of township trustees under section3023
505.38 or 505.49 of the Revised Code;3024

       (18) Executive directors, deputy directors, and program3025
directors employed by boards of alcohol, drug addiction, and3026
mental health services under Chapter 340. of the Revised Code, and 3027
secretaries of the executive directors, deputy directors, and3028
program directors;3029

       (19) Superintendents, and management employees as defined in 3030
section 5126.20 of the Revised Code, of county boards of mental 3031
retardation and developmental disabilities;3032

       (20) Physicians, nurses, and other employees of a county3033
hospital who are appointed pursuant to sections 339.03 and 339.063034
of the Revised Code;3035

       (21) The executive director of the state medical board, who 3036
is appointed pursuant to division (B) of section 4731.05 of the 3037
Revised Code;3038

       (22) County directors of job and family services as provided 3039
in section 329.02 of the Revised Code and administrators appointed3040
under section 329.021 of the Revised Code;3041

       (23) A director of economic development who is hired pursuant 3042
to division (A) of section 307.07 of the Revised Code;3043

       (24) Chiefs of construction and compliance, of operations and 3044
maintenance, and of licensing and certification in the division of 3045
industrial compliance in the department of commerce;3046

       (25) The executive director of a county transit system 3047
appointed under division (A) of section 306.04 of the Revised 3048
Code;3049

       (26) Up to five positions at each of the administrative3050
departments listed in section 121.02 of the Revised Code and at 3051
the department of taxation, department of the adjutant general, 3052
department of education, Ohio board of regents, bureau of workers'3053
compensation, industrial commission, state lottery commission, and 3054
public utilities commission of Ohio that the head of that 3055
administrative department or of that other state agency determines 3056
to be involved in policy development and implementation. The head 3057
of the administrative department or other state agency shall set 3058
the compensation for employees in these positions at a rate that 3059
is not less than the minimum compensation specified in pay range 3060
41 but not more than the maximum compensation specified in pay 3061
range 44 of salary schedule E-2 in section 124.152 of the Revised 3062
Code. The authority to establish positions in the unclassified 3063
service under division (A)(26) of this section is in addition to 3064
and does not limit any other authority that an administrative 3065
department or state agency has under the Revised Code to establish 3066
positions, appoint employees, or set compensation.3067

       (27) Employees of the department of agriculture employed3068
under section 901.09 of the Revised Code;3069

       (28) For cities, counties, civil service townships, city 3070
health districts, general health districts, and city school 3071
districts, the deputies and assistants of elective or principal 3072
executive officers authorized to act for and in the place of their 3073
principals or holding a fiduciary relation to their principals;3074

       (29) Employees who receive intermittent or temporary3075
appointments under division (B) of section 124.30 of the Revised 3076
Code;3077

       (30) Employees appointed to administrative staff positions 3078
for which an appointing authority is given specific statutory 3079
authority to set compensation;3080

       (31) Employees appointed to highway patrol cadet or highway 3081
patrol cadet candidate classifications;3082

       (32) Employees placed in the unclassified service by another3083
section of the Revised Code.3084

       (B) The classified service shall comprise all persons in the 3085
employ of the state and the several counties, cities, city health 3086
districts, general health districts, and city school districts of 3087
the state, not specifically included in the unclassified service. 3088
Upon the creation by the board of trustees of a civil service 3089
township civil service commission, the classified service shall 3090
also comprise, except as otherwise provided in division (A)(17) or 3091
(C) of this section, all persons in the employ of a civil service 3092
township police or fire department having ten or more full-time 3093
paid employees. The classified service consists of two classes, 3094
which shall be designated as the competitive class and the 3095
unskilled labor class.3096

       (1) The competitive class shall include all positions and3097
employments in the state and the counties, cities, city health3098
districts, general health districts, and city school districts of 3099
the state, and, upon the creation by the board of trustees of a3100
civil service township of a township civil service commission, all3101
positions in a civil service township police or fire department3102
having ten or more full-time paid employees, for which it is3103
practicable to determine the merit and fitness of applicants by3104
competitive examinations. Appointments shall be made to, or3105
employment shall be given in, all positions in the competitive3106
class that are not filled by promotion, reinstatement, transfer,3107
or reduction, as provided in this chapter, and the rules of the3108
director of administrative services, by appointment from those3109
certified to the appointing officer in accordance with this3110
chapter.3111

       (2) The unskilled labor class shall include ordinary3112
unskilled laborers. Vacancies in the labor class for positions in 3113
service of the state shall be filled by appointment from lists of 3114
applicants registered by the director. Vacancies in the labor 3115
class for all other positions shall be filled by appointment from 3116
lists of applicants registered by a commission. The director or 3117
the commission, as applicable, by rule, shall require an applicant 3118
for registration in the labor class to furnish evidence or take 3119
tests as the director or commission considers proper with respect 3120
to age, residence, physical condition, ability to labor, honesty, 3121
sobriety, industry, capacity, and experience in the work or 3122
employment for which application is made. Laborers who fulfill the 3123
requirements shall be placed on the eligible list for the kind of3124
labor or employment sought, and preference shall be given in3125
employment in accordance with the rating received from that3126
evidence or in those tests. Upon the request of an appointing3127
officer, stating the kind of labor needed, the pay and probable3128
length of employment, and the number to be employed, the director 3129
or commission, as applicable, shall certify from the highest on 3130
the list double the number to be employed; from this number, the 3131
appointing officer shall appoint the number actually needed for 3132
the particular work. If more than one applicant receives the same 3133
rating, priority in time of application shall determine the order 3134
in which their names shall be certified for appointment.3135

       (C) A municipal or civil service township civil service3136
commission may place volunteer firefighters who are paid on a3137
fee-for-service basis in either the classified or the unclassified 3138
civil service.3139

       (D) This division does not apply to persons in the 3140
unclassified service who have the right to resume positions in the 3141
classified service under sections 4121.121, 5119.071, 5120.38, 3142
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised 3143
Code.3144

       An appointing authority whose employees are paid directly by 3145
warrant of the director of budget and management may appoint a 3146
person who holds a certified position in the classified service3147
within the appointing authority's agency to a position in the 3148
unclassified service within that agency. A person appointed 3149
pursuant to this division to a position in the unclassified 3150
service shall retain the right to resume the position and status 3151
held by the person in the classified service immediately prior to 3152
the person's appointment to the position in the unclassified 3153
service, regardless of the number of positions the person held in 3154
the unclassified service. An employee's right to resume a position 3155
in the classified service may only be exercised when an appointing 3156
authority demotes the employee to a pay range lower than the 3157
employee's current pay range or revokes the employee's appointment 3158
to the unclassified service. An employee forfeits the right to 3159
resume a position in the classified service when the employee is 3160
removed from the position in the unclassified service due to 3161
incompetence, inefficiency, dishonesty, drunkenness, immoral 3162
conduct, insubordination, discourteous treatment of the public, 3163
neglect of duty, violation of this chapter or the rules of the 3164
director of administrative services, any other failure of good 3165
behavior, any other acts of misfeasance, malfeasance, or 3166
nonfeasance in office, or conviction of a felony. An employee also 3167
forfeits the right to resume a position in the classified service 3168
upon transfer to a different agency.3169

       Reinstatement to a position in the classified service shall 3170
be to a position substantially equal to that position in the 3171
classified service held previously, as certified by the director 3172
of administrative services. If the position the person previously 3173
held in the classified service has been placed in the unclassified3174
service or is otherwise unavailable, the person shall be appointed 3175
to a position in the classified service within the appointing 3176
authority's agency that the director of administrative services 3177
certifies is comparable in compensation to the position the person 3178
previously held in the classified service. Service in the position 3179
in the unclassified service shall be counted as service in the3180
position in the classified service held by the person immediately 3181
prior to the person's appointment to the position in the 3182
unclassified service. When a person is reinstated to a position in 3183
the classified service as provided in this division, the person is 3184
entitled to all rights, status, and benefits accruing to the3185
position in the classified service during the person's time of 3186
service in the position in the unclassified service.3187

       Sec. 124.23.  (A) All applicants for positions and places in3188
the classified service shall be subject to examination, except for3189
applicants for positions as professional or certified service and3190
paraprofessional employees of county boards of mental retardation3191
and developmental disabilities, who shall be hired in the manner3192
provided in section 124.241 of the Revised Code.3193

       (B) Any examination administered under this section shall be3194
public and be open to all citizens of the United States and those3195
persons who have legally declared their intentions of becoming3196
United States citizens, within certain limitations to be3197
determined by the director of administrative services as to3198
citizenship, age, experience, education, health, habit, and moral 3199
character. Any person who has completed service in the uniformed3200
services, who has been honorably discharged from the uniformed 3201
services or transferred to the reserve with evidence of 3202
satisfactory service, and who is a resident of this state and any 3203
member of the national guard or a reserve component of the armed 3204
forces of the United States who has completed more than one 3205
hundred eighty days of active duty service pursuant to an 3206
executive order of the president of the United States or an act of 3207
the congress of the United States may file with the director a3208
certificate of service or honorable discharge, and, upon this 3209
filing, the person shall receive additional credit of twenty per3210
cent of the person's total grade given in the regular examination3211
in which the person receives a passing grade.3212

       As used in this division, "service in the uniformed services" 3213
and "uniformed services" have the same meanings as in the 3214
"Uniformed Services Employment and Reemployment Rights Act of 3215
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.3216

        (C) An examination may include an evaluation of such factors 3217
as education, training, capacity, knowledge, manual dexterity, and 3218
physical or psychological fitness. An examination shall consist of 3219
one or more tests in any combination. Tests may be written, oral, 3220
physical, demonstration of skill, or an evaluation of training and3221
experiences and shall be designed to fairly test the relative3222
capacity of the persons examined to discharge the particular3223
duties of the position for which appointment is sought. Tests may 3224
include structured interviews, assessment centers, work 3225
simulations, examinations of knowledge, skills, and abilities, and 3226
any other acceptable testing methods. If minimum or maximum 3227
requirements are established for any examination, they shall be 3228
specified in the examination announcement.3229

       (D) The director of administrative services shall have 3230
control of all examinations, except as otherwise provided in 3231
sections 124.01 to 124.64 of the Revised Code. No questions in any 3232
examination shall relate to political or religious opinions or 3233
affiliations. No credit for seniority, efficiency, or any other 3234
reason shall be added to an applicant's examination grade unless 3235
the applicant achieves at least the minimum passing grade on the 3236
examination without counting that extra credit.3237

       (E) Except as otherwise provided in sections 124.01 to 124.643238
of the Revised Code, the director of administrative services shall3239
give reasonable notice of the time, place, and general scope of3240
every competitive examination for appointment to a position in the3241
civil service. The director shall send written, printed, or 3242
electronic notices of every examination to be conducted in the 3243
state classified service to each agency of the type the director 3244
of job and family services specifies and, in the case of a county3245
in which no such agency is located, to the clerk of the court of 3246
common pleas of that county and to the clerk of each city located 3247
within that county. Those notices shall be posted in conspicuous3248
public places in the designated agencies or the courthouse, and 3249
city hall of the cities, of the counties in which no designated 3250
agency is located for at least two weeks preceding any examination 3251
involved, and in a conspicuous place in the office of the director 3252
of administrative services for at least two weeks preceding any3253
examination involved. In case of examinations limited by the 3254
director to a district, county, city, or department, the director 3255
shall provide by rule for adequate publicity of an examination in 3256
the district, county, city, or department within which competition 3257
is permitted.3258

       Sec. 124.241.  As used in this section, "professional 3259
employee" has the same meaning as in section 5126.20 of the 3260
Revised Code and "registered service employee" means a service 3261
employee, as defined in section 5126.20 of the Revised Code, who 3262
is registered under section 5126.25 of the Revised Code.3263

       County boards of mental retardation and developmental 3264
disabilities may hire professional employees and registered 3265
service employees in the classified service on the basis of the 3266
candidates' qualifications rather than on the basis of the results 3267
of an examination administered by the director of administrative 3268
services pursuant to section 124.23 of the Revised Code.3269

       Sec. 124.27.  (A) The head of a department, office, or3270
institution, in which a position in the classified service is to3271
be filled, shall notify the director of administrative services of3272
the fact, and the director shall, except as otherwise provided in3273
this section and sections 124.30 and 124.31 of the Revised Code,3274
certify to the appointing authority the names and addresses of the3275
ten candidates standing highest on the eligible list for the class3276
or grade to which the position belongs, except that the director3277
may certify less than ten names if ten names are not available.3278
When less than ten names are certified to an appointing authority,3279
appointment from that list shall not be mandatory. When a position 3280
in the classified service in the department of mental health or 3281
the department of mental retardation and developmental3282
disabilities is to be filled, the director of administrative3283
services shall make such certification to the appointing authority3284
within seven working days of the date the eligible list is3285
requested.3286

       (B) The appointing authority shall notify the director of a3287
position in the classified service to be filled, and the 3288
appointing authority shall fill the vacant position by appointment 3289
of one of the ten persons certified by the director. If more than 3290
one position is to be filled, the director may certify a group of 3291
names from the eligible list, and the appointing authority shall 3292
appoint in the following manner: beginning at the top of the list, 3293
each time a selection is made, it must be from one of the first3294
ten candidates remaining on the list who is willing to accept3295
consideration for the position. If an eligible list becomes3296
exhausted, and until a new list can be created, or when no3297
eligible list for a position exists, names may be certified from 3298
eligible lists most appropriate for the group or class in which 3299
the position to be filled is classified. A person who is certified3300
from an eligible list more than three times to the same appointing3301
authority for the same or similar positions may be omitted from3302
future certification to that appointing authority, provided that3303
certification for a temporary appointment shall not be counted as3304
one of those certifications. Every person who qualifies for 3305
veteran's preference under section 124.23 of the Revised Code, who3306
is a resident of this state, and whose name is on the eligible 3307
list for a position shall be entitled to preference in original3308
appointments to any such competitive position in the civil service 3309
of the state and its civil divisions over all other persons 3310
eligible for those appointments and standing on the relevant 3311
eligible list with a rating equal to that of the person qualifying 3312
for veteran's preference. Appointments to all positions in the 3313
classified service, that are not filled by promotion, transfer, or 3314
reduction, as provided in sections 124.01 to 124.64 of the Revised 3315
Code and the rules of the director prescribed under those 3316
sections, shall be made only from those persons whose names are 3317
certified to the appointing authority, and no employment, except 3318
as provided in those sections, shall be otherwise given in the 3319
classified service of this state or any political subdivision of 3320
the state.3321

       (C) All original and promotional appointments, including 3322
appointments made pursuant to section 124.30 of the Revised Code, 3323
shall be for a probationary period, not less than sixty days nor 3324
more than one year, to be fixed by the rules of the director, 3325
except as provided in section 124.231 of the Revised Code, and 3326
except for original appointments to a police department as a3327
police officer or to a fire department as a firefighter which3328
shall be for a probationary period of one year. No appointment or 3329
promotion is final until the appointee has satisfactorily served 3330
the probationary period. If the service of the probationary3331
employee is unsatisfactory, the employee may be removed or reduced 3332
at any time during the probationary period. If the appointing 3333
authority decides to remove a probationary employee in the service 3334
of the state, the appointing authority shall communicate to the 3335
director the reason for that decision. A probationary employee 3336
duly removed or reduced in position for unsatisfactory service 3337
does not have the right to appeal the removal or reduction under3338
section 124.34 of the Revised Code.3339

       Sec. 124.38.  Each of the following shall be entitled for3340
each completed eighty hours of service to sick leave of four and3341
six-tenths hours with pay:3342

       (A) Employees in the various offices of the county,3343
municipal, and civil service township service, other than3344
superintendents and management employees, as defined in section3345
5126.20 of the Revised Code, of county boards of mental3346
retardation and developmental disabilities;3347

       (B) Employees of any state college or university;3348

       (C) Employees of any board of education for whom sick leave 3349
is not provided by section 3319.141 of the Revised Code.3350

       Employees may use sick leave, upon approval of the 3351
responsible administrative officer of the employing unit, for 3352
absence due to personal illness, pregnancy, injury, exposure to 3353
contagious disease that could be communicated to other employees, 3354
and illness, injury, or death in the employee's immediate family.3355
Unused sick leave shall be cumulative without limit. When sick3356
leave is used, it shall be deducted from the employee's credit on3357
the basis of one hour for every one hour of absence from3358
previously scheduled work. 3359

       The previously accumulated sick leave of an employee who has 3360
been separated from the public service shall be placed to the 3361
employee's credit upon the employee's re-employment in the public 3362
service, provided that the re-employment takes place within ten 3363
years of the date on which the employee was last terminated from 3364
public service. This ten-year period shall be tolled for any 3365
period during which the employee holds elective public office, 3366
whether by election or by appointment.3367

       An employee who transfers from one public agency to another 3368
shall be credited with the unused balance of the employee's 3369
accumulated sick leave up to the maximum of the sick leave 3370
accumulation permitted in the public agency to which the employee 3371
transfers. 3372

       The appointing authorities of the various offices of the 3373
county service may permit all or any part of a person's accrued 3374
but unused sick leave acquired during service with any regional 3375
council of government established in accordance with Chapter 167. 3376
of the Revised Code to be credited to the employee upon a transfer 3377
as if the employee were transferring from one public agency to3378
another under this section.3379

       The appointing authority of each employing unit shall require 3380
an employee to furnish a satisfactory written, signed statement to 3381
justify the use of sick leave. If medical attention is required, a 3382
certificate stating the nature of the illness from a licensed 3383
physician shall be required to justify the use of sick leave. 3384
Falsification of either a written, signed statement or a 3385
physician's certificate shall be grounds for disciplinary action, 3386
including dismissal.3387

       This section does not interfere with existing unused sick3388
leave credit in any agency of government where attendance records3389
are maintained and credit has been given employees for unused sick 3390
leave.3391

       Notwithstanding this section or any other section of the3392
Revised Code, any appointing authority of a county office,3393
department, commission, board, or body may, upon notification to3394
the board of county commissioners, establish alternative schedules 3395
of sick leave for employees of the appointing authority for whom 3396
the state employment relations board has not established an 3397
appropriate bargaining unit pursuant to section 4117.06 of the3398
Revised Code, as long as the alternative schedules are not3399
inconsistent with the provisions of at least one collective 3400
bargaining agreement covering other employees of that appointing 3401
authority, if such a collective bargaining agreement exists. If no 3402
such collective bargaining agreement exists, an appointing 3403
authority may, upon notification to the board of county 3404
commissioners, establish an alternative schedule of sick leave for 3405
its employees that does not diminish the sick leave benefits 3406
granted by this section.3407

       Sec. 124.381.  Each employee of the department of3408
rehabilitation and correction, the department of mental health,3409
the department of mental retardation and developmental3410
disabilities, the Ohio veteran's home agency, or the Ohio schools3411
for the deaf and blind, and each employee of the department of3412
youth services as established in division (A) of section 124.14 of3413
the Revised Code who suffers bodily injury inflicted by an inmate,3414
patient, client, youth, or student in the facilities of these3415
agencies during the time the employee is lawfully carrying out the3416
assigned duties of the employee's position shall be paid the3417
employee's total rate of pay during the period the employee is3418
disabled as a result of that injury, but in no case to exceed one3419
hundred twenty work days, in lieu of workers' compensation. Pay3420
made according to this section shall not be charged to the3421
employee's accumulation of sick leave credit.3422

       The director of administrative services shall adopt rules for3423
the administration of the occupational injury leave program. The3424
rules shall include, but not be limited to, provisions for3425
determining a disability, for filing a claim for leave under this3426
section, and for allowing or denying claims for the leave.3427

       During the time an employee is receiving injury compensation3428
as provided in this section, the employee shall be exempt from the3429
accumulation of vacation leave credit under section 124.134 of the3430
Revised Code but shall continue to receive sick leave credit and3431
personal leave credit under sections 124.382 and 124.386 of the3432
Revised Code.3433

       In any case when an employee's disability, as covered by this3434
section, extends beyond one hundred twenty work days, the employee3435
shall immediately become subject to sections 124.382 and 124.3853436
of the Revised Code regarding sick leave and disability leave3437
benefits.3438

       An appointing authority may apply to the director of3439
administrative services to grant injury leave in accordance with3440
this section to law enforcement personnel employed by the agency.3441

       Sec. 125.602. (A) The department of mental retardation and3442
developmental disabilities, the department of mental health, the 3443
department of job and family services, the rehabilitation services 3444
commission, and any other state or governmental agency or 3445
community rehabilitation program responsible for the provision of 3446
rehabilitation and vocational educational services to persons with 3447
work-limiting disabilities may, through written agreement, 3448
cooperate in providing resources to the department of 3449
administrative services for the operation of the office of 3450
procurement from community rehabilitation programs. These 3451
resources may include, but are not limited to, leadership and 3452
assistance in dealing with the societal aspects of meeting the 3453
needs of persons with work-limiting disabilities.3454

       (B) The office and all governmental entities that administer 3455
socioeconomic programs may enter into contractual agreements, 3456
cooperative working relationships, or other arrangements that are 3457
necessary for effective coordination and realization of the 3458
objectives of these entities.3459

       Sec. 125.603. (A) The office of procurement from community 3460
rehabilitation programs shall do the following in addition to 3461
other duties specified in sections 125.60 to 125.6012 of the 3462
Revised Code:3463

       (1) Establish, maintain, and periodically update a 3464
procurement list of approved supplies and services available from 3465
qualified nonprofit agencies;3466

       (2) Monitor the procurement practices of government ordering 3467
offices to ensure compliance with sections 125.60 to 125.6012 of 3468
the Revised Code;3469

       (3) In cooperation with qualified nonprofit agencies, 3470
government ordering offices, the department of mental retardation 3471
and developmental disabilities, the department of mental health, 3472
the department of job and family services, and the rehabilitation 3473
services commission, develop and recommend to the director of 3474
administrative services rules the director shall adopt in 3475
accordance with Chapter 119. of the Revised Code for the effective 3476
and efficient administration of sections 125.60 to 125.6012 of the 3477
Revised Code;3478

       (4) Prepare a report of its activities by the last day of 3479
December of each year. The report shall be posted electronically 3480
on the office's web site.3481

       (B) The office of procurement from community rehabilitation 3482
programs may enter into contractual agreements and establish pilot 3483
programs to further the objectives of sections 125.60 to 125.6012 3484
of the Revised Code.3485

       Sec. 126.32.  (A) Any officer of any state agency may3486
authorize reimbursement for travel, including the costs of 3487
transportation, for lodging, and for meals to any person who is 3488
interviewing for a position that is classified in pay range 13 or 3489
above in schedule E-1 or schedule E-1 for step seven only, or is 3490
classified in schedule E-2, of section 124.152 of the Revised 3491
Code.3492

       (B) If a person is appointed to a position listed in section 3493
121.03 of the Revised Code, to the position of chairperson of the 3494
industrial commission, adjutant general, chancellor of the Ohio 3495
board of regents, superintendent of public instruction, 3496
chairperson of the public utilities commission of Ohio, or 3497
director of the state lottery commission, to a position holding a3498
fiduciary relationship to the governor, to a position of an 3499
appointing authority of the department of mental health, mental 3500
retardation and developmental disabilities, or rehabilitation and 3501
correction, to a position of superintendent in the department of 3502
youth services, or to a position under section 122.05 of the 3503
Revised Code, and if that appointment requires a permanent change 3504
of residence, the appropriate state agency may reimburse the 3505
person for the person's actual and necessary expenses, including 3506
the cost of in-transit storage of household goods and personal 3507
effects, of moving the person and members of the person's3508
immediate family residing in the person's household, and of moving 3509
their household goods and personal effects, to the person's new 3510
location.3511

       Until that person moves the person's permanent residence to 3512
the new location, but not for a period that exceeds thirty3513
consecutive days, the state agency may reimburse the person for3514
the person's temporary living expenses at the new location that 3515
the person has incurred on behalf of the person and members of the 3516
person's immediate family residing in the person's household. In 3517
addition, the state agency may reimburse that person for the3518
person's travel expenses between the new location and the person's 3519
former residence during this period for a maximum number of trips 3520
specified by rule of the director of budget and management, but 3521
the state agency shall not reimburse the person for travel 3522
expenses incurred for those trips by members of the person's 3523
immediate family. With the prior written approval of the director,3524
the maximum thirty-day period for temporary living expenses may be 3525
extended for a person appointed to a position under section 122.05 3526
of the Revised Code.3527

       The director of development may reimburse a person appointed 3528
to a position under section 122.05 of the Revised Code for the 3529
person's actual and necessary expenses of moving the person and3530
members of the person's immediate family residing in the person's 3531
household back to the United States and may reimburse a person 3532
appointed to such a position for the cost of storage of household 3533
goods and personal effects of the person and the person's 3534
immediate family while the person is serving outside the United 3535
States, if the person's office outside the United States is the 3536
person's primary job location.3537

       (C) All reimbursement under division (A) or (B) of this 3538
section shall be made in the manner, and at rates that do not 3539
exceed those, provided by rule of the director of budget and 3540
management in accordance with section 111.15 of the Revised Code. 3541
Reimbursements may be made under division (B) of this section3542
directly to the persons who incurred the expenses or directly to 3543
the providers of goods or services the persons receive, as 3544
determined by the director of budget and management.3545

       Sec. 127.16.  (A) Upon the request of either a state agency3546
or the director of budget and management and after the controlling3547
board determines that an emergency or a sufficient economic reason3548
exists, the controlling board may approve the making of a purchase3549
without competitive selection as provided in division (B) of this3550
section.3551

       (B) Except as otherwise provided in this section, no state3552
agency, using money that has been appropriated to it directly,3553
shall:3554

       (1) Make any purchase from a particular supplier, that would3555
amount to fifty thousand dollars or more when combined with both3556
the amount of all disbursements to the supplier during the fiscal3557
year for purchases made by the agency and the amount of all3558
outstanding encumbrances for purchases made by the agency from the3559
supplier, unless the purchase is made by competitive selection or3560
with the approval of the controlling board;3561

       (2) Lease real estate from a particular supplier, if the3562
lease would amount to seventy-five thousand dollars or more when3563
combined with both the amount of all disbursements to the supplier3564
during the fiscal year for real estate leases made by the agency3565
and the amount of all outstanding encumbrances for real estate3566
leases made by the agency from the supplier, unless the lease is3567
made by competitive selection or with the approval of the3568
controlling board.3569

       (C) Any person who authorizes a purchase in violation of3570
division (B) of this section shall be liable to the state for any3571
state funds spent on the purchase, and the attorney general shall3572
collect the amount from the person.3573

       (D) Nothing in division (B) of this section shall be3574
construed as:3575

       (1) A limitation upon the authority of the director of3576
transportation as granted in sections 5501.17, 5517.02, and3577
5525.14 of the Revised Code;3578

       (2) Applying to medicaid provider agreements under Chapter3579
5111. of the Revised Code or payments or provider agreements under 3580
the disability medical assistance program established under 3581
Chapter 5115. of the Revised Code;3582

       (3) Applying to the purchase of examinations from a sole3583
supplier by a state licensing board under Title XLVII of the3584
Revised Code;3585

       (4) Applying to entertainment contracts for the Ohio state3586
fair entered into by the Ohio expositions commission, provided3587
that the controlling board has given its approval to the3588
commission to enter into such contracts and has approved a total3589
budget amount for such contracts as agreed upon by commission3590
action, and that the commission causes to be kept itemized records3591
of the amounts of money spent under each contract and annually3592
files those records with the clerk of the house of representatives3593
and the clerk of the senate following the close of the fair;3594

       (5) Limiting the authority of the chief of the division of3595
mineral resources management to contract for reclamation work with3596
an operator mining adjacent land as provided in section 1513.27 of3597
the Revised Code;3598

       (6) Applying to investment transactions and procedures of any 3599
state agency, except that the agency shall file with the board the 3600
name of any person with whom the agency contracts to make, broker, 3601
service, or otherwise manage its investments, as well as the 3602
commission, rate, or schedule of charges of such person with3603
respect to any investment transactions to be undertaken on behalf3604
of the agency. The filing shall be in a form and at such times as3605
the board considers appropriate.3606

       (7) Applying to purchases made with money for the per cent3607
for arts program established by section 3379.10 of the Revised3608
Code;3609

       (8) Applying to purchases made by the rehabilitation services 3610
commission of services, or supplies, that are provided to persons 3611
with disabilities, or to purchases made by the commission in 3612
connection with the eligibility determinations it makes for3613
applicants of programs administered by the social security3614
administration;3615

       (9) Applying to payments by the department of job and family3616
services under section 5111.13 of the Revised Code for group3617
health plan premiums, deductibles, coinsurance, and other3618
cost-sharing expenses;3619

       (10) Applying to any agency of the legislative branch of the3620
state government;3621

       (11) Applying to agreements or contracts entered into under3622
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the 3623
Revised Code;3624

       (12) Applying to purchases of services by the adult parole3625
authority under section 2967.14 of the Revised Code or by the3626
department of youth services under section 5139.08 of the Revised3627
Code;3628

       (13) Applying to dues or fees paid for membership in an3629
organization or association;3630

       (14) Applying to purchases of utility services pursuant to3631
section 9.30 of the Revised Code;3632

       (15) Applying to purchases made in accordance with rules3633
adopted by the department of administrative services of motor3634
vehicle, aviation, or watercraft fuel, or emergency repairs of3635
such vehicles;3636

       (16) Applying to purchases of tickets for passenger air3637
transportation;3638

       (17) Applying to purchases necessary to provide public3639
notifications required by law or to provide notifications of job3640
openings;3641

       (18) Applying to the judicial branch of state government;3642

       (19) Applying to purchases of liquor for resale by the3643
division of liquor control;3644

       (20) Applying to purchases of motor courier and freight3645
services made in accordance with department of administrative3646
services rules;3647

       (21) Applying to purchases from the United States postal3648
service and purchases of stamps and postal meter replenishment3649
from vendors at rates established by the United States postal3650
service;3651

       (22) Applying to purchases of books, periodicals, pamphlets,3652
newspapers, maintenance subscriptions, and other published3653
materials;3654

       (23) Applying to purchases from other state agencies,3655
including state-assisted institutions of higher education;3656

       (24) Limiting the authority of the director of environmental3657
protection to enter into contracts under division (D) of section3658
3745.14 of the Revised Code to conduct compliance reviews, as3659
defined in division (A) of that section;3660

       (25) Applying to purchases from a qualified nonprofit agency3661
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of 3662
the Revised Code;3663

       (26) Applying to payments by the department of job and family3664
services to the United States department of health and human3665
services for printing and mailing notices pertaining to the tax3666
refund offset program of the internal revenue service of the3667
United States department of the treasury;3668

       (27) Applying to contracts entered into by the department of3669
mental retardation and developmental disabilities under section 3670
5123.18 of the Revised Code;3671

       (28) Applying to payments made by the department of mental3672
health under a physician recruitment program authorized by section3673
5119.101 of the Revised Code;3674

       (29) Applying to contracts entered into with persons by the3675
director of commerce for unclaimed funds collection and remittance3676
efforts as provided in division (F) of section 169.03 of the3677
Revised Code. The director shall keep an itemized accounting of3678
unclaimed funds collected by those persons and amounts paid to3679
them for their services.3680

       (30) Applying to purchases made by a state institution of3681
higher education in accordance with the terms of a contract3682
between the vendor and an inter-university purchasing group3683
comprised of purchasing officers of state institutions of higher3684
education;3685

       (31) Applying to the department of job and family services'3686
purchases of health assistance services under the children's3687
health insurance program part I provided for under section 5101.503688
of the Revised Code, the children's health insurance program part 3689
II provided for under section 5101.51 of the Revised Code, or the 3690
children's health insurance program part III provided for under 3691
section 5101.52 of the Revised Code, or the children's buy-in 3692
program provided for under sections 5101.5211 to 5101.5216 of the 3693
Revised Code;3694

       (32) Applying to payments by the attorney general from the3695
reparations fund to hospitals and other emergency medical3696
facilities for performing medical examinations to collect physical3697
evidence pursuant to section 2907.28 of the Revised Code;3698

       (33) Applying to contracts with a contracting authority or3699
administrative receiver under division (B) of section 5126.056 of 3700
the Revised Code;3701

       (34) Applying to reimbursements paid to the United States 3702
department of veterans affairs for pharmaceutical and patient 3703
supply purchases made on behalf of the Ohio veterans' home agency;3704

       (35) Applying to agreements entered into with terminal 3705
distributors of dangerous drugs under section 173.79 of the 3706
Revised Code;3707

       (36) Applying to payments by the superintendent of the bureau 3708
of criminal identification and investigation to the federal bureau 3709
of investigation for criminal records checks pursuant to section 3710
109.572 of the Revised Code.3711

       (E) When determining whether a state agency has reached the3712
cumulative purchase thresholds established in divisions (B)(1) and 3713
(2) of this section, all of the following purchases by such agency 3714
shall not be considered:3715

       (1) Purchases made through competitive selection or with3716
controlling board approval;3717

       (2) Purchases listed in division (D) of this section;3718

       (3) For the purposes of the threshold of division (B)(1) of 3719
this section only, leases of real estate.3720

       (F) As used in this section, "competitive selection,"3721
"purchase," "supplies," and "services" have the same meanings as3722
in section 125.01 of the Revised Code.3723

       Sec. 135.801.  (A) As used in sections 135.801 to 135.803 of 3724
the Revised Code, "eligible lending institution," "eligible3725
organization," "investing authority," "residential facility," and3726
"residential facility linked deposit program" have the same3727
meanings as in section 5126.51 of the Revised Code.3728

       (B) The board of county commissioners may adopt a resolution 3729
implementing a residential facility linked deposit program under 3730
sections 5126.51 to 5126.62 of the Revised Code if it finds each 3731
of the following:3732

       (1) The county board of mental retardation and developmental 3733
disabilities has adopted a resolution under section 5126.49 of the 3734
Revised Code.3735

       (2) There is a shortage of residential facilities in the3736
county for individuals with mental retardation or developmental3737
disabilities.3738

       (3) Eligible organizations, otherwise willing and able to3739
develop residential facilities in the county, have been unable to3740
do so because of high interest rates.3741

       (4) Placement of residential facility linked deposits will3742
assist in financing the development of residential facilities in3743
the county that otherwise would not be developed because of high3744
interest rates.3745

       (5) Public moneys of the county are available for purposes of 3746
the residential facility linked deposit program.3747

       (6) At least one eligible lending institution has an office 3748
located within the territorial limits of the county into which the 3749
board may deposit the public moneys of the county.3750

       Sec. 135.802.  The board of county commissioners shall3751
include each of the following in a resolution implementing a3752
residential facility linked deposit program under sections 5126.51 3753
to 5126.62 of the Revised Code:3754

       (A) Specific findings of fact justifying implementation of3755
the residential facility linked deposit program in the county;3756

       (B) Guidelines to be followed by the county board of mental 3757
retardation and developmental disabilities in establishing3758
standards under section 5126.49 of the Revised Code for approving3759
applications for linked deposit loans;3760

       (C) Instructions to the county's investing authority as3761
necessary for the placement and monitoring of, and for reporting3762
with regard to, residential facility linked deposits under3763
sections 5126.59 to 5126.61 of the Revised Code;3764

       (D) Any information the board requires an applicant for a3765
residential facility linked deposit loan to provide to the county3766
board of mental retardation and developmental disabilities that3767
would not otherwise be provided to that board by the applicant3768
pursuant to sections 5126.51 to 5126.62 of the Revised Code.3769

       The board shall transmit a certified copy of the resolution3770
to the county board of mental retardation and developmental3771
disabilities and the county's investing authority, unless the3772
board is itself that authority.3773

       Sec. 135.803.  On receiving a resolution from the county 3774
board of mental retardation and developmental disabilities 3775
approving under section 5126.55 of the Revised Code development of 3776
a proposed residential facility, the board of county commissioners 3777
shall determine whether public moneys of the county are available 3778
for a residential facility linked deposit and shall certify to the 3779
county board of mental retardation and developmental disabilities 3780
either that public moneys are available or that public moneys are 3781
not available. If public moneys are not available the 3782
certification shall indicate the date, if any, on which the board 3783
of county commissioners anticipates that public moneys will be3784
available.3785

       Sec. 140.01.  As used in this chapter:3786

       (A) "Hospital agency" means any public hospital agency or any3787
nonprofit hospital agency.3788

       (B) "Public hospital agency" means any county, board of3789
county hospital trustees established pursuant to section 339.02 of3790
the Revised Code, county hospital commission established pursuant3791
to section 339.14 of the Revised Code, municipal corporation, new3792
community authority organized under Chapter 349. of the Revised3793
Code, joint township hospital district, state or municipal3794
university or college operating or authorized to operate a3795
hospital facility, or the state.3796

       (C) "Nonprofit hospital agency" means a corporation or3797
association not for profit, no part of the net earnings of which3798
inures or may lawfully inure to the benefit of any private3799
shareholder or individual, that has authority to own or operate a3800
hospital facility or provides or is to provide services to one or3801
more other hospital agencies.3802

       (D) "Governing body" means, in the case of a county, the3803
board of county commissioners or other legislative body; in the3804
case of a board of county hospital trustees, the board; in the3805
case of a county hospital commission, the commission; in the case3806
of a municipal corporation, the council or other legislative3807
authority; in the case of a new community authority, its board of3808
trustees; in the case of a joint township hospital district, the3809
joint township district hospital board; in the case of a state or3810
municipal university or college, its board of trustees or board of3811
directors; in the case of a nonprofit hospital agency, the board3812
of trustees or other body having general management of the agency; 3813
and, in the case of the state, the director of development or the 3814
Ohio higher educational facility commission.3815

       (E) "Hospital facilities" means buildings, structures and3816
other improvements, additions thereto and extensions thereof,3817
furnishings, equipment, and real estate and interests in real3818
estate, used or to be used for or in connection with one or more3819
hospitals, emergency, intensive, intermediate, extended,3820
long-term, or self-care facilities, diagnostic and treatment and3821
out-patient facilities, facilities related to programs for home3822
health services, clinics, laboratories, public health centers,3823
research facilities, and rehabilitation facilities, for or3824
pertaining to diagnosis, treatment, care, or rehabilitation of3825
sick, ill, injured, infirm, impaired, disabled, or handicapped3826
persons, or the prevention, detection, and control of disease, and3827
also includes education, training, and food service facilities for3828
health professions personnel, housing facilities for such3829
personnel and their families, and parking and service facilities3830
in connection with any of the foregoing; and includes any one,3831
part of, or any combination of the foregoing; and further includes3832
site improvements, utilities, machinery, facilities, furnishings,3833
and any separate or connected buildings, structures, improvements,3834
sites, utilities, facilities, or equipment to be used in, or in3835
connection with the operation or maintenance of, or supplementing3836
or otherwise related to the services or facilities to be provided3837
by, any one or more of such hospital facilities.3838

       (F) "Costs of hospital facilities" means the costs of3839
acquiring hospital facilities or interests in hospital facilities, 3840
including membership interests in nonprofit hospital agencies, 3841
costs of constructing hospital facilities, costs of improving one 3842
or more hospital facilities, including reconstructing,3843
rehabilitating, remodeling, renovating, and enlarging, costs of3844
equipping and furnishing such facilities, and all financing costs3845
pertaining thereto, including, without limitation thereto, costs3846
of engineering, architectural, and other professional services,3847
designs, plans, specifications and surveys, and estimates of cost,3848
costs of tests and inspections, the costs of any indemnity or3849
surety bonds and premiums on insurance, all related direct or3850
allocable administrative expenses pertaining thereto, fees and3851
expenses of trustees, depositories, and paying agents for the3852
obligations, cost of issuance of the obligations and financing3853
charges and fees and expenses of financial advisors, attorneys,3854
accountants, consultants and rating services in connection3855
therewith, capitalized interest on the obligations, amounts3856
necessary to establish reserves as required by the bond3857
proceedings, the reimbursement of all moneys advanced or applied3858
by the hospital agency or others or borrowed from others for the3859
payment of any item or items of costs of such facilities, and all3860
other expenses necessary or incident to planning or determining3861
feasibility or practicability with respect to such facilities, and3862
such other expenses as may be necessary or incident to the3863
acquisition, construction, reconstruction, rehabilitation,3864
remodeling, renovation, enlargement, improvement, equipment, and3865
furnishing of such facilities, the financing thereof, and the3866
placing of the same in use and operation, including any one, part3867
of, or combination of such classes of costs and expenses, and 3868
means the costs of refinancing obligations issued by, or 3869
reimbursement of money advanced by, nonprofit hospital agencies or 3870
others the proceeds of which were used for the payment of costs of 3871
hospital facilities, if the governing body of the public hospital 3872
agency determines that the refinancing or reimbursement advances 3873
the purposes of this chapter, whether or not the refinancing or 3874
reimbursement is in conjunction with the acquisition or 3875
construction of additional hospital facilities.3876

       (G) "Hospital receipts" means all moneys received by or on3877
behalf of a hospital agency from or in connection with the3878
ownership, operation, acquisition, construction, improvement,3879
equipping, or financing of any hospital facilities, including,3880
without limitation thereto, any rentals and other moneys received3881
from the lease, sale, or other disposition of hospital facilities,3882
and any gifts, grants, interest subsidies, or other moneys3883
received under any federal program for assistance in financing the3884
costs of hospital facilities, and any other gifts, grants, and3885
donations, and receipts therefrom, available for financing the3886
costs of hospital facilities.3887

       (H) "Obligations" means bonds, notes, or other evidences of3888
indebtedness or obligation, including interest coupons pertaining3889
thereto, issued or issuable by a public hospital agency to pay3890
costs of hospital facilities.3891

       (I) "Bond service charges" means principal, interest, and3892
call premium, if any, required to be paid on obligations.3893

       (J) "Bond proceedings" means one or more ordinances,3894
resolutions, trust agreements, indentures, and other agreements or3895
documents, and amendments and supplements to the foregoing, or any3896
combination thereof, authorizing or providing for the terms, 3897
including any variable interest rates, and conditions applicable3898
to, or providing for the security of, obligations and the3899
provisions contained in such obligations.3900

       (K) "Nursing home" has the same meaning as in division (A)(1)3901
of section 5701.13 of the Revised Code.3902

       (L) "Residential care facility" has the same meaning as in3903
division (A)(2) of section 5701.13 of the Revised Code.3904

       (M) "Adult care facility" has the same meaning as in division3905
(A)(3) of section 5701.13 of the Revised Code.3906

       (N) "Independent living facility" means any self-care3907
facility or other housing facility designed or used as a residence3908
for elderly persons. An "independent living facility" does not3909
include a residential facility, or that part of a residential3910
facility, that is any of the following:3911

       (1) A hospital required to be certified by section 3727.02 of 3912
the Revised Code;3913

       (2) A nursing home or residential care facility;3914

       (3) An adult care facility;3915

       (4) A hospice licensed under section 3712.04 of the Revised3916
Code;3917

       (5) A residential facility for the mentally ill licensed by3918
the department of mental health under section 5119.22 of the3919
Revised Code;3920

       (6) A facility licensed to provide methadone treatment under3921
section 3793.11 of the Revised Code;3922

       (7) A facility certified as an alcohol and drug addiction3923
program under section 3793.06 of the Revised Code;3924

       (8) A residential facility licensed under section 5123.19 of3925
the Revised Code or a facility providing services under a contract3926
with the department of mental retardation and developmental3927
disabilities under section 5123.18 of the Revised Code;3928

       (9) A residential facility used as part of a hospital to3929
provide housing for staff of the hospital or students pursuing a3930
course of study at the hospital.3931

       Sec. 140.03.  (A) Two or more hospital agencies may enter3932
into agreements for the acquisition, construction, reconstruction,3933
rehabilitation, remodeling, renovating, enlarging, equipping, and3934
furnishing of hospital facilities, or the management, operation,3935
occupancy, use, maintenance, and repair of hospital facilities, or3936
for participation in programs, projects, activities, and services3937
useful to, connected with, supplementing, or otherwise related to3938
the services provided by, or the operation of, hospital facilities3939
operated by one or more participating hospital agencies, including3940
any combination of such purposes, all in such manner as to promote3941
the public purpose stated in section 140.02 of the Revised Code. A3942
city health district; general health district; board of alcohol,3943
drug addiction, and mental health services; county board of mental3944
retardation and developmental disabilities; the department of3945
mental health; the department of mental retardation and3946
developmental disabilities; or any public body engaged in the3947
education or training of health professions personnel may join in3948
any such agreement for purposes related to its authority under3949
laws applicable to it, and as such a participant shall be3950
considered a public hospital agency or hospital agency for the3951
purposes of this section.3952

       (B) An agreement entered into under authority of this section 3953
shall, where appropriate, provide for:3954

       (1) The manner in which the title to the hospital facilities, 3955
including the sites and interest in real estate pertaining 3956
thereto, is to be held, transferred, or disposed of;3957

       (2) Unless provided for by lease pursuant to section 140.053958
of the Revised Code, the method by which such hospital facilities3959
are to be acquired, constructed, or otherwise improved and by3960
which they shall be managed, occupied, maintained, and repaired,3961
including the designation of one of the hospital agencies to have3962
charge of the details of acquisition, construction, or improvement3963
pursuant to the contracting procedures prescribed under the law3964
applicable to one of the participating public hospital agencies;3965

       (3) The management or administration of any such programs,3966
projects, activities, or services, which may include management or3967
administration by one of said hospital agencies or a board or3968
agency thereof;3969

       (4) Annual, or more frequent, reports to the participating3970
hospital agencies as to the revenues and receipts pertaining to3971
the subject of the agreement, the expenditures thereof, the status3972
and application of other funds contributed under such agreement,3973
and such other matters as may be specified by or pursuant to such3974
agreement;3975

       (5) The manner of apportionment or sharing of costs of3976
hospital facilities, any other applicable costs of management,3977
operation, maintenance, and repair of hospital facilities, and3978
costs for the programs, projects, activities, and services forming3979
the subject of the agreement, which apportionment or sharing may3980
be prescribed in fixed amounts, or determined by ratios, formulas,3981
or otherwise, and paid as service charges, rentals, or in such3982
other manner as provided in the agreement, and may include amounts3983
sufficient to meet the bond service charges and other payments and3984
deposits required under the bond proceedings for obligations3985
issued to pay costs of hospital facilities. A hospital agency may3986
commit itself to make such payments at least for so long as any3987
such obligations are outstanding. In the apportionment, different3988
classes of costs or expenses may be apportioned to one or more,3989
all or less than all, of the participating hospital agencies as3990
determined under such agreement.3991

       (C) An agreement entered into under authority of this section 3992
may provide for:3993

       (1) An orderly process for making determinations or advising3994
as to planning, execution, implementation, and operation, which3995
may include designating one of the hospital agencies, or a board3996
thereof, for any of such purposes, provisions for a committee,3997
board, or commission, and for representation thereon, or as may3998
otherwise be provided;3999

       (2) Securing necessary personnel, including participation of4000
personnel from the respective hospital agencies;4001

       (3) Standards or conditions for the admission or4002
participation of patients and physicians;4003

       (4) Conditions for admittance of other hospital agencies to4004
participation under the agreement;4005

       (5) Fixing or establishing the method of determining charges4006
to be made for particular services;4007

       (6) The manner of amending, supplementing, terminating, or4008
withdrawal or removal of any party from, the agreement, and the4009
term of the agreement, or an indefinite term;4010

       (7) Designation of the applicants for or recipients of any4011
federal, state, or other aid, assistance, or loans available by4012
reason of any activities conducted under the agreement;4013

       (8) Designation of one or more of the participating hospital4014
agencies to maintain, prepare, and submit, on behalf of all4015
parties to the agreement, any or all records and reports with4016
regard to the activities conducted under the agreement;4017

       (9) Any incidental use of the hospital facilities, or4018
services thereof, by participating public hospital agencies for4019
any of their lawful purposes, which incidental use does not impair4020
the character of the facilities as hospital facilities for any4021
purpose of this chapter;4022

       (10) Such other matters as the parties thereto may agree upon 4023
for the purposes of division (A) of this section.4024

       (D) For the purpose of paying or contributing its share under 4025
an agreement made under this section, a public hospital agency 4026
may:4027

       (1) Expend any moneys from its general fund, and from any4028
other funds not otherwise restricted by law, but including funds4029
for permanent improvements of hospital facilities of such public4030
hospital agency where the contribution is to be made toward the4031
costs of hospital facilities under the agreement, and including4032
funds derived from levies for, or receipts available for,4033
operating expenses of hospital facilities or services of such4034
public hospital agency where the contribution or payment is to be4035
made toward operating expenses of the hospital facilities or4036
services under the agreement or for the services provided thereby;4037

       (2) Issue obligations under Chapter 133. or section 140.06,4038
339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section4039
3 of Article XVIII, Ohio Constitution, if applicable to such4040
public hospital agency, to pay costs of hospital facilities, or4041
issue obligations under any other provision of law authorizing4042
such public hospital agency to issue obligations for any costs of4043
hospital facilities;4044

       (3) Levy taxes under Chapter 5705. or section 513.13 or4045
3709.29 of the Revised Code, if applicable to such public hospital4046
agency, provided that the purpose of such levy may include the4047
provision of funds for either or both permanent improvements and4048
current expenses if required for the contribution or payment of4049
such hospital agency under such agreement, and each such public4050
hospital agency may issue notes in anticipation of any such levy,4051
pursuant to the procedures provided in section 5705.191 of the4052
Revised Code if the levy is solely for current expenses, and in4053
section 5705.193 of the Revised Code if the levy is all or in part4054
for permanent improvements;4055

       (4) Contribute real and personal property or interest therein 4056
without necessity for competitive bidding or public auction on 4057
disposition of such property.4058

       (E) Any funds provided by public hospital agencies that are4059
parties to an agreement entered into under this section shall be4060
transferred to and placed in a separate fund or funds of such4061
participating public hospital agency as is designated under the4062
agreement. The funds shall be applied for the purposes provided in 4063
such agreement and are subject to audit. Pursuant to any4064
determinations to be made under such agreement, the funds shall be4065
deposited, invested, and disbursed under the provisions of law4066
applicable to the public hospital agency in whose custody the4067
funds are held. This division is subject to the provisions of any4068
applicable bond proceedings under section 133.08, 140.06, 339.15,4069
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio4070
Constitution. The records and reports of such public hospital4071
agency under Chapter 117. of the Revised Code and sections 3702.514072
to 3702.62 of the Revised Code, with respect to the funds shall be4073
sufficient without necessity for reports thereon by the other4074
public hospital agencies participating under such agreement.4075

       (F)(1) Prior to its entry into any such agreement, the public 4076
hospital agency must determine, and set forth in a resolution or 4077
ordinance, that the contribution to be made by it under such 4078
agreement will be fair consideration for value and benefit to be 4079
derived by it under such agreement and that the agreement will 4080
promote the public purpose stated in section 140.02 of the Revised 4081
Code.4082

       (2) If the agreement is with a board of county commissioners, 4083
board of county hospital trustees, or county hospital commission 4084
and is an initial agreement for the acquisition or operation of a 4085
county hospital operated by a board of county hospital trustees 4086
under section 339.06 of the Revised Code, the governing body of 4087
the public hospital agency shall submit the agreement, accompanied 4088
by the resolution or ordinance, to the board of county 4089
commissioners for review pursuant to section 339.091 of the 4090
Revised Code. The agreement may be entered into only if the board 4091
of county commissioners adopts a resolution under that section. 4092
The requirements of division (F)(2) of this section do not apply 4093
to the agreement if one or more hospitals classified as general4094
hospitals by the public health council under section 3701.07 of4095
the Revised Code are operating in the same county as the county4096
hospital.4097

       Sec. 140.05.  (A)(1) A public hospital agency may lease any4098
hospital facility to one or more hospital agencies for use as a4099
hospital facility, or to one or more city or general health4100
districts; boards of alcohol, drug addiction, and mental health4101
services; county boards of mental retardation and developmental4102
disabilities; the department of mental health; or the department4103
of mental retardation and developmental disabilities, for uses4104
which they are authorized to make thereof under the laws4105
applicable to them, or any combination of them, and they may lease4106
such facilities to or from a hospital agency for such uses, upon4107
such terms and conditions as are agreed upon by the parties. Such4108
lease may be for a term of fifty years or less and may provide for4109
an option of the lessee to renew for a term of fifty years or4110
less, as therein set forth. Prior to entering into such lease, the 4111
governing body of any public hospital agency granting such lease 4112
must determine, and set forth in a resolution or ordinance, that 4113
such lease will promote the public purpose stated in section4114
140.02 of the Revised Code and that the lessor public hospital4115
agency will be duly benefited thereby.4116

       (2) If the lease is with a board of county commissioners,4117
board of county hospital trustees, or county hospital commission4118
and is an agreement for the initial lease of a county hospital 4119
operated by a board of county hospital trustees under section 4120
339.06 of the Revised Code, the governing body of the public 4121
hospital agency shall submit the agreement, accompanied by the 4122
resolution or ordinance, to the board of county commissioners for 4123
review pursuant to section 339.091 of the Revised Code. The 4124
agreement may be entered into only if the board of county 4125
commissioners adopts a resolution under that section. The4126
requirements of division (A)(2) of this section do not apply to4127
the lease if one or more hospitals classified as general hospitals 4128
by the public health council under section 3701.07 of the Revised 4129
Code are operating in the same county as the county hospital.4130

       (B) Any lease entered into pursuant to this section shall4131
provide that in the event that the lessee fails faithfully and4132
efficiently to administer, maintain, and operate such leased4133
facilities as hospital facilities, or fails to provide the4134
services thereof without regard to race, creed, color, or national4135
origin, or fails to require that any hospital agency using such4136
facilities or the services thereof shall not discriminate by4137
reason of race, creed, color, or national origin, after an4138
opportunity to be heard upon written charges, said lease may be4139
terminated at the time, in the manner and with consequences4140
therein provided. If any such lease does not contain terms to the4141
effect provided in this division, it shall nevertheless be deemed4142
to contain such terms which shall be implemented as determined by4143
the governing body of the lessor.4144

       (C) Such lease may provide for rentals commencing at any time 4145
agreed upon, or advance rental, and continuing for such period 4146
therein provided, notwithstanding and without diminution, rebate, 4147
or setoff by reason of time of availability of the hospital 4148
facility for use, delays in construction, failure of completion, 4149
damage or destruction of the hospital facilities, or for any other 4150
reason.4151

       (D) Such lease may provide for the sale or transfer of title4152
of the leased facilities pursuant to an option to purchase,4153
lease-purchase, or installment purchase upon terms therein4154
provided or to be determined as therein provided, which may4155
include provision for the continued use thereof as a hospital4156
facility for some reasonable period, taking into account efficient4157
useful life and other factors, as is provided therein.4158

       (E) Such lease may be entered as part of or in connection4159
with an agreement pursuant to section 140.03 of the Revised Code.4160
Any hospital facilities which are the subject of an agreement4161
entered into under section 140.03 of the Revised Code may be4162
leased pursuant to this section.4163

       (F) If land acquired by a public hospital agency for a4164
hospital facility is adjacent to an existing hospital facility4165
owned by another hospital agency, the public hospital agency may,4166
in connection with such acquisition or the leasing of such land4167
and hospital facilities thereon to one or more hospital agencies,4168
enter into an agreement with the hospital agency which owns such4169
adjacent hospital facility for the use of common walls in the4170
construction, operation, or maintenance of hospital facilities of4171
the public hospital agency. For the purpose of construction,4172
operation, or maintenance of hospital facilities, a public4173
hospital agency may acquire by purchase, gift, lease, lease with4174
option to purchase, lease-purchase, or installment purchase,4175
easement deed, or other agreement, real estate and interests in4176
real estate, including rights to use space over, under or upon4177
real property owned by others, and support, access, common wall,4178
and other rights in connection therewith. Any public hospital4179
agency or other political subdivision or any public agency, board,4180
commission, institution, body, or instrumentality may grant such4181
real estate, interests, or rights to any hospital agency upon such4182
terms as are agreed upon without necessity for competitive bidding4183
or public auction.4184

       Sec. 145.012.  (A) "Public employee," as defined in division4185
(A) of section 145.01 of the Revised Code, does not include any4186
person:4187

       (1) Who is employed by a private, temporary-help service and4188
performs services under the direction of a public employer or is4189
employed on a contractual basis as an independent contractor under4190
a personal service contract with a public employer;4191

       (2) Who is an emergency employee serving on a temporary basis 4192
in case of fire, snow, earthquake, flood, or other similar4193
emergency;4194

       (3) Who is employed in a program established pursuant to the4195
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.4196
1501;4197

       (4) Who is an appointed member of either the motor vehicle4198
salvage dealers board or the motor vehicle dealer's board whose4199
rate and method of payment are determined pursuant to division (J)4200
of section 124.15 of the Revised Code;4201

       (5) Who is employed as an election worker and paid less than4202
five hundred dollars per calendar year for that service;4203

       (6) Who is employed as a firefighter in a position requiring4204
satisfactory completion of a firefighter training course approved4205
under former section 3303.07 or section 4765.55 of the Revised4206
Code or conducted under section 3737.33 of the Revised Code except4207
for the following:4208

       (a) Any firefighter who has elected under section 145.013 of4209
the Revised Code to remain a contributing member of the public4210
employees retirement system;4211

       (b) Any firefighter who was eligible to transfer from the4212
public employees retirement system to the Ohio police and fire4213
pension fund under section 742.51 or 742.515 of the Revised Code4214
and did not elect to transfer;4215

       (c) Any firefighter who has elected under section 742.516 of4216
the Revised Code to transfer from the Ohio police and fire pension4217
fund to the public employees retirement system.4218

       (7) Who is a member of the board of health of a city or4219
general health district, which pursuant to sections 3709.051 and4220
3709.07 of the Revised Code includes a combined health district,4221
and whose compensation for attendance at meetings of the board is4222
set forth in division (B) of section 3709.02 or division (B) of4223
section 3709.05 of the Revised Code, as appropriate;4224

       (8) Who participates in an alternative retirement plan4225
established under Chapter 3305. of the Revised Code;4226

       (9) Who is a member of the board of directors of a sanitary4227
district established under Chapter 6115. of the Revised Code.4228

       (B) No inmate of a correctional institution operated by the4229
department of rehabilitation and correction, no patient in a4230
hospital for the mentally ill or criminally insane operated by the4231
department of mental health, no resident in an institution for the4232
mentally retarded operated by the department of mental retardation4233
and developmental disabilities, no resident admitted as a patient4234
of a veterans' home operated under Chapter 5907. of the Revised 4235
Code, and no resident of a county home shall be considered as a 4236
public employee for the purpose of establishing membership or4237
calculating service credit or benefits under this chapter. 4238
Nothing in this division shall be construed to affect any service4239
credit attained by any person who was a public employee before4240
becoming an inmate, patient, or resident at any institution listed 4241
in this division, or the payment of any benefit for which such a 4242
person or such a person's beneficiaries otherwise would be 4243
eligible.4244

       Sec. 145.297.  (A) As used in this section, "employing unit" 4245
means: 4246

       (1) A municipal corporation, agency of a municipal 4247
corporation designated by the legislative authority, park 4248
district, conservancy district, sanitary district, health 4249
district, township, department of a township designated by the 4250
board of township trustees, metropolitan housing authority, public 4251
library, county law library, union cemetery, joint hospital, or 4252
other political subdivision or unit of local government. 4253

       (2) With respect to state employees, any entity of the state 4254
including any department, agency, institution of higher education, 4255
board, bureau, commission, council, office, or administrative body 4256
or any part of such entity that is designated by the entity as an 4257
employing unit. 4258

       (3)(a) With respect to employees of a board of alcohol, drug 4259
addiction, and mental health services, that board. 4260

       (b) With respect to employees of a county board of mental 4261
retardation and developmental disabilities, that board. 4262

       (c) With respect to other county employees, the county or any 4263
county agency designated by the board of county commissioners. 4264

       (4) In the case of an employee whose employing unit is in 4265
question, the employing unit is the unit through whose payroll the 4266
employee is paid. 4267

       (B) An employing unit may establish a retirement incentive 4268
plan for its eligible employees. In the case of a county or county 4269
agency, decisions on whether to establish a retirement incentive 4270
plan for any employees other than employees of a board of alcohol, 4271
drug addiction, and mental health services or county board of 4272
mental retardation and developmental disabilities and on the terms 4273
of the plan shall be made by the board of county commissioners. In 4274
the case of a municipal corporation or an agency of a municipal 4275
corporation, decisions on whether to establish a retirement 4276
incentive plan and on the terms of the plan shall be made by the 4277
legislative authority. 4278

       All terms of a retirement incentive plan shall be in writing. 4279

       A retirement incentive plan shall provide for purchase by the 4280
employing unit of service credit for eligible employees who elect 4281
to participate in the plan and for payment by the employing unit 4282
of the entire cost of the service credit purchased. 4283

       Every retirement incentive plan shall remain in effect for at 4284
least one year. The employing unit shall give employees at least 4285
thirty days' notice before terminating the plan. 4286

       Every retirement incentive plan shall include provisions for 4287
the timely and impartial resolution of grievances and disputes 4288
arising under the plan. 4289

       No employing unit shall have more than one retirement 4290
incentive plan in effect at any time. 4291

       (C) Any classified or unclassified employee of the employing 4292
unit who is a member of the public employees retirement system 4293
shall be eligible to participate in the retirement incentive plan 4294
established by the employee's employing unit if the employee meets 4295
the following criteria: 4296

       (1) The employee is not any of the following: 4297

       (a) An elected official; 4298

       (b) A member of a board or commission; 4299

       (c) A person elected to serve a term of fixed length; 4300

       (d) A person appointed to serve a term of fixed length, other 4301
than a person appointed and employed by the person's employing 4302
unit. 4303

       (2) The employee is or will be eligible to retire under 4304
section 145.32, 145.34, 145.37, or division (A) of section 145.33 4305
of the Revised Code on or before the date of termination of the 4306
retirement incentive plan. Service credit to be purchased for the 4307
employee under the retirement incentive plan shall be included in 4308
making such determination. 4309

       (3) The employee agrees to retire under section 145.32, 4310
145.34, 145.37, or division (A) of section 145.33 of the Revised 4311
Code within ninety days after receiving notice from the public 4312
employees retirement system that service credit has been purchased 4313
for the employee under this section. 4314

       Participation in the plan shall be available to all eligible 4315
employees except that the employing unit may limit the number of 4316
participants in the plan to a specified percentage of its 4317
employees who are members of the public employees retirement 4318
system on the date the plan goes into effect. The percentage 4319
shall not be less than five per cent of such employees. If 4320
participation is limited, employees with more total service credit 4321
have the right to elect to participate before employees with less 4322
total service credit. In the case of employees with the same total 4323
service credit, employees with a greater length of service with 4324
the employing unit have the right to elect to participate before 4325
employees with less service with the employing unit. Employees 4326
with less than eighteen months of service with the employing unit 4327
have the right to elect to participate only after all other 4328
eligible employees have been given the opportunity to elect to 4329
participate. For the purpose of determining which employees may 4330
participate in a plan, total service credit includes service 4331
credit purchased by the employee under this chapter after the date 4332
on which the plan is established. 4333

       A retirement incentive plan that limits participation may 4334
provide that an employee who does not notify the employing unit of 4335
the employee's decision to participate in the plan within a 4336
specified period of time will lose priority to participate in the 4337
plan ahead of other employees with less seniority. The time given 4338
to an employee to elect to participate ahead of other employees 4339
shall not be less than thirty days after the employee receives 4340
written notice that the employee may participate in the plan. 4341

       (D) A retirement incentive plan shall provide for purchase of 4342
the same amount of service credit for each participating employee, 4343
except that the employer may not purchase more service credit for 4344
any employee than the lesser of the following: 4345

       (1) Five years of service credit; 4346

       (2) An amount of service credit equal to one-fifth of the 4347
total service credited to the participant under this chapter, 4348
exclusive of service credit purchased under this section. 4349

       For each year of service credit purchased under this section, 4350
the employing unit shall pay an amount equal to the additional 4351
liability resulting from the purchase of that year of service 4352
credit, as determined by an actuary employed by the public 4353
employees retirement board. 4354

       (E) Upon the election by an eligible employee to participate 4355
in the retirement incentive plan, the employee and the employing 4356
unit shall agree upon a date for payment or contracting for 4357
payment in installments to the public employees retirement system 4358
of the cost of the service credit to be purchased. The employing 4359
unit shall submit to the public employees retirement system a 4360
written request for a determination of the cost of the service 4361
credit, and within forty-five days after receiving the request, 4362
the board shall give the employing unit written notice of the 4363
cost. 4364

       The employing unit shall pay or contract to pay in 4365
installments the cost of the service credit to be purchased to the 4366
public employees retirement system on the date agreed to by the 4367
employee and the employing unit. The payment shall be made in 4368
accordance with rules adopted by the public employees retirement 4369
board. The rules may provide for payment in installments and for 4370
crediting the purchased credit to the employee's account upon the 4371
employer's contracting to pay the cost in installments. The board 4372
shall notify the member when the member is credited with service 4373
purchased under this section. If the employee does not retire 4374
within ninety days after receiving notice that the employee has 4375
been credited with the purchased service credit, the system shall 4376
refund to the employing unit the amount paid for the service 4377
credit. 4378

       No payment made to the public employees retirement system 4379
under this section shall affect any payment required by section 4380
145.48 of the Revised Code. 4381

       (F) For the purpose of determining whether the cost of a 4382
retirement incentive plan established by a county or county agency 4383
under this section is an allowable cost for the purpose of federal 4384
funding for any year, the cost shall be considered abnormal or 4385
mass severance pay only if fifteen per cent or more of the county 4386
or county agency's employees participate in the plan in that year. 4387

        Nothing in this division shall relieve a county or county 4388
agency from seeking federal approval for any early retirement 4389
incentive plan that uses federal dollars in accordance with 4390
federal law.4391

       Sec. 154.17.  The departments of administrative services,4392
mental health, mental retardation and developmental disabilities,4393
rehabilitation and correction, and natural resources, the Ohio4394
board of regents, institutions of higher education, and other 4395
state officers and state agencies shall cooperate with the 4396
commission in providing services and information requested by the 4397
commission for purposes of Chapter 154. of the Revised Code, and 4398
the commission may make mutually satisfactory arrangements 4399
therefor and may thereunder designate any governmental agency for 4400
the management or performance of particular functions of the 4401
commission, other than the authorization and issuance of 4402
obligations provided for in Chapter 154. of the Revised Code, 4403
pursuant to which designation, upon acceptance thereof by that 4404
governmental agency, that function may be carried out with the 4405
full force and effect as if performed by the commission. Any such 4406
designation shall be made only by formal action or written 4407
agreement of the commission. In the management of capital 4408
facilities or performance of other functions with respect thereto, 4409
a governmental agency may exercise all powers which it has under4410
law with respect to other similar facilities under its4411
jurisdiction.4412

       Contracts relating to capital facilities shall be made in4413
accordance with the law pertaining to the governmental agency4414
designated under authority of this section to perform such4415
contracting function, and in any other case shall be made in4416
accordance with Chapter 153. of the Revised Code, for which4417
purpose the commission shall be considered the owner, provided 4418
that the commission may assign the function of owner to the 4419
department of administrative services or other governmental agency 4420
as it determines. The commission may acquire by assignment from 4421
any governmental agency contracts which are not completed and 4422
which involve acquiring, constructing, reconstructing, 4423
rehabilitating, remodeling, renovating, enlarging, improving, 4424
equipping, or furnishing capital facilities, provided that such 4425
governmental agency has complied with the procedures prescribed by 4426
laws for its letting of such contract.4427

       No contract shall be let or assignment thereof accepted under 4428
this section involving performance in accordance with plans and 4429
specifications until such plans and specifications have been4430
submitted to and approved by the governmental agency to have4431
responsibility for the management of the capital facilities4432
provided for in such plans and specifications, which approval4433
shall be considered to be given if no approval or disapproval is4434
communicated in writing to the commission or its designee for such 4435
purpose within sixty days following such submission of plans and 4436
specifications. Approval by such governmental agency of changes in 4437
plans and specifications is not required if the director of 4438
administrative services or the designee of the commission for such 4439
purpose shall certify that such changes do not substantially 4440
change the location, character, or extent of such capital 4441
facilities.4442

       Sec. 154.20.  (A) Subject to authorization by the general4443
assembly under section 154.02 of the Revised Code, the issuing 4444
authority may issue obligations pursuant to this chapter to pay 4445
costs of capital facilities for mental hygiene and retardation, 4446
including housing for mental hygiene and retardation patients.4447

       (B) Any capital facilities for mental hygiene or retardation, 4448
including housing for mental hygiene and retardation patients, may 4449
be leased by the commission to the department of mental health, 4450
the department of mental retardation and developmental 4451
disabilities, or the department of alcohol and drug addiction 4452
services, and other agreements may be made by the commission and 4453
any one or more of these departments with respect to the use or 4454
purchase of such capital facilities or, subject to the approval of 4455
the director of the department, the commission may lease such 4456
capital facilities to, and make or provide for other agreements 4457
with respect to the use or purchase thereof with, any governmental 4458
agency having authority under law to operate such capital 4459
facilities, and the director of the department may sublease such 4460
capital facilities to, and make other agreements with respect to 4461
the use or purchase thereof with, any such governmental agency, 4462
which may include provisions for transmittal to the mental health 4463
bond service trust fund created under division (E) of this 4464
section, by such governmental agency or by a nonprofit corporation 4465
providing mental hygiene and retardation services for or under 4466
contract with or the supervision of that governmental agency, of 4467
receipts of that agency or nonprofit corporation from charges for 4468
the treatment or care of mental hygiene and retardation patients, 4469
all upon such terms and conditions as the parties may agree upon 4470
and pursuant to this chapter, notwithstanding any other provision 4471
of law affecting the leasing, acquisition, or disposition of 4472
capital facilities by the parties.4473

       (C) For purposes of this section, "available receipts" means 4474
all receipts of the state from charges for the treatment or care 4475
of mental hygiene and retardation patients, including support 4476
payments received under Chapter 5121. of the Revised Code and 4477
moneys required to be transmitted to the mental health bond4478
service trust fund pursuant to subleases and other agreements4479
between any of the departments and another governmental agency4480
pursuant to division (B) of this section as the subleases and4481
other agreements may be further implemented for internal planning, 4482
budgeting, and accounting purposes pursuant to rules adopted by 4483
the director of mental health, director of mental retardation and4484
developmental disabilities, or director of alcohol and drug 4485
addiction services, any revenues or receipts derived by the 4486
commission from the operation, leasing, or other disposition of 4487
capital facilities financed under this section, the proceeds of 4488
obligations issued under this section and sections 154.11 and 4489
154.12 of the Revised Code, and also means any gifts, grants, 4490
donations, and pledges, and receipts therefrom, available for the 4491
payment of bond service charges on such obligations. The issuing 4492
authority may pledge all, or such portion as that authority 4493
determines, of the available receipts to the payment of bond 4494
service charges on obligations issued under this section and under 4495
sections 154.11 and 154.12 of the Revised Code and for the4496
establishment and maintenance of any reserves, as provided in the4497
bond proceedings, and make other provisions therein with respect4498
to such available receipts as authorized by this chapter, which4499
provisions shall be controlling notwithstanding any other4500
provision of law pertaining thereto.4501

       (D) The issuing authority may covenant in the bond 4502
proceedings that the state and state agencies shall, so long as 4503
any obligations issued under this section are outstanding, cause 4504
to be charged and collected charges for the treatment or care of4505
mental hygiene and retardation patients sufficient in amount to4506
provide for the payment of bond service charges on such4507
obligations and for the establishment and maintenance of any4508
reserves, as provided in the bond proceedings, and such covenants4509
shall be controlling notwithstanding any other provision of law4510
pertaining to such charges.4511

       (E) There is hereby created the mental health bond service4512
trust fund, which shall be in the custody of the treasurer of4513
state but shall be separate and apart from and not a part of the4514
state treasury. All moneys received by or on account of the4515
commission or issuing authority or state agencies and required by4516
the applicable bond proceedings to be deposited, transferred, or 4517
credited to the fund, and all other moneys transferred or 4518
allocated to or received for the purposes of the fund, shall be 4519
deposited with the treasurer of state and credited to such fund, 4520
subject to applicable provisions of the bond proceedings, but 4521
without necessity for any act of appropriation. The mental health 4522
bond service trust fund is a trust fund and is hereby pledged to 4523
the payment of bond service charges on the obligations issued4524
pursuant to this section and sections 154.11 and 154.12 of the4525
Revised Code to the extent provided in the applicable bond4526
proceedings, and payment thereof from such fund shall be made or4527
provided for by the treasurer of state in accordance with such4528
bond proceedings without necessity for any act of appropriation.4529

       (F) There is hereby created in the state treasury the mental 4530
health facilities improvement fund. Subject to the bond4531
proceedings therefor, all of the proceeds of the sale of4532
obligations pursuant to this section shall be credited to the4533
fund, except that any accrued interest shall be credited to the4534
mental health bond service fund. The mental health facilities4535
improvement fund may also be comprised of gifts, grants,4536
appropriated moneys, and other sums and securities received to the 4537
credit of such fund. The fund shall be applied only to the 4538
following purposes:4539

       (1) Paying costs of capital facilities for mental hygiene and 4540
retardation, including housing for mental hygiene and retardation 4541
patients, under the jurisdiction of the department of mental 4542
health, department of mental retardation and developmental4543
disabilities, or department of alcohol and drug addiction4544
services;4545

       (2) Participating in capital facilities for mental hygiene 4546
and retardation, including housing for mental hygiene and 4547
retardation patients, with the federal government, municipal4548
corporations, counties, or other governmental agencies, or a4549
nonprofit corporation specifically chartered to provide a mental4550
health or mental retardation service when such service fulfills a4551
public purpose, which participation may be by grants or4552
contributions to them for such capital facilities. Except as 4553
provided in division (G) of this section, the nonprofit 4554
corporation may act in concert with a limited partnership or a 4555
limited liability company eligible to participate in the nonprofit 4556
set-aside described in section 42(h)(5) of the "Internal Revenue 4557
Code of 1986," 100 Stat. 2198, 26 U.S.C. 42, and the Ohio housing 4558
finance agency's housing tax credit program for the purpose of 4559
making use of low-income housing tax credits in support of housing 4560
for mental hygiene and retardation patients.4561

       (G) A nonprofit corporation providing a mental retardation 4562
service must obtain written approval from the director of mental 4563
retardation and developmental disabilities before acting in 4564
concert with a limited partnership or limited liability company as 4565
described in division (F)(2) of this section. However, the 4566
director may issue one blanket approval for all such nonprofit 4567
corporations.4568

       (H) This section is to be applied with other applicable4569
provisions of this chapter.4570

       Sec. 173.03.  (A) There is hereby created the Ohio advisory 4571
council for the aging, which shall consist of twelve members to be 4572
appointed by the governor with the advice and consent of the 4573
senate. Two ex officio members of the council shall be members of 4574
the house of representatives appointed by the speaker of the house 4575
of representatives and shall be members of two different political 4576
parties. Two ex officio members of the council shall be members of 4577
the senate appointed by the president of the senate and shall be 4578
members of two different political parties. The directors of 4579
mental health, mental retardation and developmental disabilities, 4580
health, and job and family services, or their designees, shall 4581
serve as ex officio members of the council. The council shall 4582
carry out its role as defined under the "Older Americans Act of 4583
1965," 79 Stat. 219, 42 U.S.C. 3001, as amended.4584

       At the first meeting of the council, and annually thereafter, 4585
the members shall select one of their members to serve as 4586
chairperson and one of their members to serve as vice-chairperson.4587

       (B) Members of the council shall be appointed for a term of 4588
three years, except that for the first appointment members of the 4589
Ohio commission on aging who were serving on the commission4590
immediately prior to July 26, 1984, shall become members of the4591
council for the remainder of their unexpired terms. Thereafter,4592
appointment to the council shall be for a three-year term by the4593
governor. Each member shall hold office from the date of4594
appointment until the end of the term for which the member was 4595
appointed. Any member appointed to fill a vacancy occurring prior 4596
to the expiration of the term for which the member's predecessor4597
was appointed shall hold office for the remainder of the term. Any 4598
member may continue in office subsequent to the expiration date of 4599
the member's term until a successor takes office and shall be 4600
compensated for the period served between the expiration of the 4601
member's term and the beginning of the successor's term.4602

       (C) Membership of the council shall represent all areas of4603
Ohio and shall be as follows:4604

       (1) A majority of members of the council shall have attained 4605
the age of sixty and have a knowledge of and continuing interest 4606
in the affairs and welfare of the older citizens of Ohio. The 4607
fields of business, labor, health, law, and human services shall 4608
be represented in the membership.4609

       (2) No more than seven members shall be of the same political 4610
party.4611

       (D) Any member of the council may be removed from office by 4612
the governor for neglect of duty, misconduct, or malfeasance in 4613
office after being informed in writing of the charges and afforded 4614
an opportunity for a hearing. Two consecutive unexcused absences 4615
from regularly scheduled meetings constitute neglect of duty.4616

       (E) Members of the council shall be compensated at the rate 4617
of fifty dollars for each day actually employed in the discharge 4618
of official duties but not to exceed two thousand dollars per year 4619
and in addition shall be allowed actual and necessary expenses.4620

       (F) Council members are not limited as to the number of terms 4621
they may serve.4622

       (G) Council members shall not be interested directly or4623
indirectly in any contract awarded by the department of aging.4624

       Sec. 305.14.  (A) The court of common pleas, upon the4625
application of the prosecuting attorney and the board of county4626
commissioners, may authorize the board to employ legal counsel to4627
assist the prosecuting attorney, the board, or any other county4628
officer in any matter of public business coming before such board4629
or officer, and in the prosecution or defense of any action or4630
proceeding in which such board or officer is a party or has an4631
interest, in its official capacity.4632

       (B) The board of county commissioners may also employ legal 4633
counsel, as provided in section 309.09 of the Revised Code, to 4634
represent it in any matter of public business coming before such 4635
board, and in the prosecution or defense of any action or4636
proceeding in which such board is a party or has an interest, in4637
its official capacity.4638

       (C) Notwithstanding division (A) of this section and except 4639
as provided in division (D) of this section, a county board of 4640
mental retardation and developmental disabilities or a public4641
children services agency may, without the authorization of the 4642
court of common pleas, employ legal counsel to advise it or to 4643
represent it or any of its members or employees in any matter of 4644
public business coming before the board or agency or in the 4645
prosecution or defense of any action or proceeding in which the 4646
board or agency in its official capacity, or a board or agency 4647
member or employee in the member's or employee's official 4648
capacity, is a party or has an interest.4649

       (D)(1) In any legal proceeding in which the prosecuting 4650
attorney is fully able to perform the prosecuting attorney's 4651
statutory duty to represent the county board of mental retardation 4652
and developmental disabilities or public children services agency 4653
without conflict of interest, the board or agency shall employ 4654
other counsel only with the written consent of the prosecuting 4655
attorney. In any legal proceeding in which the prosecuting 4656
attorney is unable, for any reason, to represent the board or 4657
agency, the prosecuting attorney shall so notify the board or 4658
agency, and, except as provided in division (D)(2) of this4659
section, the board or agency may then employ counsel for the 4660
proceeding without further permission from any authority.4661

       (2) A public children services agency that receives money 4662
from the county general revenue fund must obtain the permission of 4663
the board of county commissioners of the county served by the 4664
agency before employing counsel under division (C) of this 4665
section.4666

       Sec. 307.10.  (A) No sale of real property, or lease of real 4667
property used or to be used for the purpose of airports, landing 4668
fields, or air navigational facilities, or parts thereof, as 4669
provided by section 307.09 of the Revised Code shall be made 4670
unless it is authorized by a resolution adopted by a majority of 4671
the board of county commissioners. When a sale of real property as 4672
provided by section 307.09 of the Revised Code is authorized, the 4673
board may either deed the property to the highest responsible 4674
bidder, after advertisement once a week for four consecutive weeks 4675
in a newspaper of general circulation in the county or offer the 4676
real property for sale at a public auction, after giving at least 4677
thirty days' notice of the auction by publication in a newspaper 4678
of general circulation in the county. The board may reject any and 4679
all bids. The board may, as it considers best, sell real property 4680
pursuant to this section as an entire tract or in parcels. The 4681
board, by resolution adopted by a majority of the board, may lease 4682
real property, in accordance with division (A) of section 307.09 4683
of the Revised Code, without advertising for bids. 4684

       (B) The board, by resolution, may transfer real property in 4685
fee simple belonging to the county and not needed for public use 4686
to the United States government, to the state or any department or 4687
agency thereof, to municipal corporations or other political 4688
subdivisions of the state, to the county board of mental 4689
retardation and developmental disabilities, or to a county land 4690
reutilization corporation organized under Chapter 1724. of the 4691
Revised Code for public purposes upon the terms and in the manner 4692
that it may determine to be in the best interests of the county, 4693
without advertising for bids. The board shall execute a deed or 4694
other proper instrument when such a transfer is approved. 4695

       (C) The board, by resolution adopted by a majority of the 4696
board, may grant leases, rights, or easements to the United States 4697
government, to the state or any department or agency thereof, or 4698
to municipal corporations and other political subdivisions of the 4699
state, or to privately owned electric light and power companies, 4700
natural gas companies, or telephone or telegraph companies for 4701
purposes of rendering their several public utilities services, in 4702
accordance with division (B) of section 307.09 of the Revised 4703
Code, without advertising for bids. When such grant of lease, 4704
right, or easement is authorized, a deed or other proper 4705
instrument therefor shall be executed by the board. 4706

       Sec. 307.86.  Anything to be purchased, leased, leased with4707
an option or agreement to purchase, or constructed, including, but4708
not limited to, any product, structure, construction,4709
reconstruction, improvement, maintenance, repair, or service,4710
except the services of an accountant, architect, attorney at law,4711
physician, professional engineer, construction project manager,4712
consultant, surveyor, or appraiser, by or on behalf of the county4713
or contracting authority, as defined in section 307.92 of the4714
Revised Code, at a cost in excess of twenty-five thousand dollars,4715
except as otherwise provided in division (D) of section 713.23 and4716
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041, 4717
307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16, 4718
5513.01, 5543.19, 5713.01, and 6137.05 of the Revised Code, shall 4719
be obtained through competitive bidding. However, competitive 4720
bidding is not required when any of the following applies:4721

       (A) The board of county commissioners, by a unanimous vote of 4722
its members, makes a determination that a real and present4723
emergency exists, and that determination and the reasons for it4724
are entered in the minutes of the proceedings of the board, when4725
either of the following applies:4726

       (1) The estimated cost is less than fifty thousand dollars.4727

       (2) There is actual physical disaster to structures, radio4728
communications equipment, or computers.4729

       For purposes of this division, "unanimous vote" means all4730
three members of a board of county commissioners when all three4731
members are present, or two members of the board if only two4732
members, constituting a quorum, are present.4733

       Whenever a contract of purchase, lease, or construction is4734
exempted from competitive bidding under division (A)(1) of this4735
section because the estimated cost is less than fifty thousand4736
dollars, but the estimated cost is twenty-five thousand dollars or4737
more, the county or contracting authority shall solicit informal4738
estimates from no fewer than three persons who could perform the4739
contract, before awarding the contract. With regard to each such4740
contract, the county or contracting authority shall maintain a4741
record of such estimates, including the name of each person from4742
whom an estimate is solicited. The county or contracting authority 4743
shall maintain the record for the longer of at least one year 4744
after the contract is awarded or the amount of time the federal 4745
government requires.4746

       (B)(1) The purchase consists of supplies or a replacement or4747
supplemental part or parts for a product or equipment owned or4748
leased by the county, and the only source of supply for the4749
supplies, part, or parts is limited to a single supplier.4750

       (2) The purchase consists of services related to information 4751
technology, such as programming services, that are proprietary or 4752
limited to a single source.4753

       (C) The purchase is from the federal government, the state,4754
another county or contracting authority of another county, or a4755
board of education, township, or municipal corporation.4756

       (D) The purchase is made by a county department of job and 4757
family services under section 329.04 of the Revised Code and 4758
consists of family services duties or workforce development4759
activities or is made by a county board of mental retardation and4760
developmental disabilities under section 5126.05 of the Revised 4761
Code and consists of program services, such as direct and4762
ancillary client services, child care, case management services, 4763
residential services, and family resource services.4764

       (E) The purchase consists of criminal justice services,4765
social services programs, family services, or workforce4766
development activities by the board of county commissioners from4767
nonprofit corporations or associations under programs funded by4768
the federal government or by state grants.4769

       (F) The purchase consists of any form of an insurance policy4770
or contract authorized to be issued under Title XXXIX of the4771
Revised Code or any form of health care plan authorized to be4772
issued under Chapter 1751. of the Revised Code, or any combination4773
of such policies, contracts, plans, or services that the 4774
contracting authority is authorized to purchase, and the 4775
contracting authority does all of the following:4776

       (1) Determines that compliance with the requirements of this4777
section would increase, rather than decrease, the cost of the4778
purchase;4779

       (2) Requests issuers of the policies, contracts, plans, or 4780
services to submit proposals to the contracting authority, in a 4781
form prescribed by the contracting authority, setting forth the4782
coverage and cost of the policies, contracts, plans, or services 4783
as the contracting authority desires to purchase;4784

       (3) Negotiates with the issuers for the purpose of purchasing 4785
the policies, contracts, plans, or services at the best and4786
lowest price reasonably possible.4787

       (G) The purchase consists of computer hardware, software, or4788
consulting services that are necessary to implement a computerized4789
case management automation project administered by the Ohio4790
prosecuting attorneys association and funded by a grant from the4791
federal government.4792

       (H) Child care services are purchased for provision to county 4793
employees.4794

       (I)(1) Property, including land, buildings, and other real4795
property, is leased for offices, storage, parking, or other4796
purposes, and all of the following apply:4797

       (a) The contracting authority is authorized by the Revised4798
Code to lease the property.4799

       (b) The contracting authority develops requests for proposals 4800
for leasing the property, specifying the criteria that will be 4801
considered prior to leasing the property, including the desired 4802
size and geographic location of the property.4803

       (c) The contracting authority receives responses from4804
prospective lessors with property meeting the criteria specified4805
in the requests for proposals by giving notice in a manner4806
substantially similar to the procedures established for giving4807
notice under section 307.87 of the Revised Code.4808

       (d) The contracting authority negotiates with the prospective 4809
lessors to obtain a lease at the best and lowest price reasonably 4810
possible considering the fair market value of the property and any 4811
relocation and operational costs that may be incurred during the 4812
period the lease is in effect.4813

       (2) The contracting authority may use the services of a real4814
estate appraiser to obtain advice, consultations, or other4815
recommendations regarding the lease of property under this4816
division.4817

       (J) The purchase is made pursuant to section 5139.34 or4818
sections 5139.41 to 5139.46 of the Revised Code and is of programs4819
or services that provide case management, treatment, or prevention4820
services to any felony or misdemeanant delinquent, unruly youth,4821
or status offender under the supervision of the juvenile court,4822
including, but not limited to, community residential care, day4823
treatment, services to children in their home, or electronic4824
monitoring.4825

       (K) The purchase is made by a public children services agency 4826
pursuant to section 307.92 or 5153.16 of the Revised Code and 4827
consists of family services, programs, or ancillary services that 4828
provide case management, prevention, or treatment services for 4829
children at risk of being or alleged to be abused, neglected, or 4830
dependent children.4831

       (L) The purchase is to obtain the services of emergency 4832
medical service organizations under a contract made by the board 4833
of county commissioners pursuant to section 307.05 of the Revised 4834
Code with a joint emergency medical services district.4835

       (M) The county contracting authority determines that the use 4836
of competitive sealed proposals would be advantageous to the 4837
county and the contracting authority complies with section 307.862 4838
of the Revised Code.4839

       Any issuer of policies, contracts, plans, or services listed 4840
in division (F) of this section and any prospective lessor under4841
division (I) of this section may have the issuer's or prospective4842
lessor's name and address, or the name and address of an agent,4843
placed on a special notification list to be kept by the4844
contracting authority, by sending the contracting authority that4845
name and address. The contracting authority shall send notice to4846
all persons listed on the special notification list. Notices shall4847
state the deadline and place for submitting proposals. The4848
contracting authority shall mail the notices at least six weeks4849
prior to the deadline set by the contracting authority for4850
submitting proposals. Every five years the contracting authority4851
may review this list and remove any person from the list after4852
mailing the person notification of that action.4853

       Any contracting authority that negotiates a contract under4854
division (F) of this section shall request proposals and negotiate 4855
with issuers in accordance with that division at least every 4856
three years from the date of the signing of such a contract, 4857
unless the parties agree upon terms for extensions or renewals of 4858
the contract. Such extension or renewal periods shall not exceed 4859
six years from the date the initial contract is signed.4860

       Any real estate appraiser employed pursuant to division (I) 4861
of this section shall disclose any fees or compensation received 4862
from any source in connection with that employment.4863

       Sec. 309.10.  Sections 309.08 and 309.09 of the Revised Code 4864
do not prevent a school board from employing counsel to represent 4865
it, but when counsel is employed, the counsel shall be paid by the 4866
school board from the school fund. Sections 309.08 and 309.09 of 4867
the Revised Code do not prevent a county board of mental 4868
retardation and developmental disabilities from employing counsel 4869
to represent it, but that counsel shall be employed in accordance 4870
with division (C) of section 305.14 and paid in accordance with4871
division (A)(7) of section 5126.05 of the Revised Code.4872

       Sections 309.08 and 309.09 of the Revised Code do not prevent 4873
a board of county hospital trustees from employing counsel with 4874
the approval of the county commissioners to bring legal action for 4875
the collection of delinquent accounts of the hospital, but when 4876
counsel is employed, the counsel shall be paid from the hospital's 4877
funds. Sections 309.08 and 309.09 of the Revised Code do not 4878
prevent a board of library trustees from employing counsel to 4879
represent it, but when counsel is employed, the counsel shall be4880
paid from the library's funds. Sections 309.08 and 309.09 of the 4881
Revised Code do not prevent the appointment and employment of 4882
assistants, clerks, and stenographers to assist the prosecuting 4883
attorney as provided in sections 309.01 to 309.16 of the Revised 4884
Code, or the appointment by the court of common pleas or the court 4885
of appeals of an attorney to assist the prosecuting attorney in 4886
the trial of a criminal cause pending in that court, or the board 4887
of county commissioners from paying for those services.4888

       Sec. 319.16.  The county auditor shall issue warrants, 4889
including electronic warrants authorizing direct deposit for 4890
payment of county obligations in accordance with division (F) of 4891
section 9.37 of the Revised Code, on the county treasurer for all 4892
moneys payable from the county treasury, upon presentation of the 4893
proper order or voucher and evidentiary matter for the moneys, and 4894
keep a record of all such warrants showing the number, date of 4895
issue, amount for which drawn, in whose favor, for what purpose, 4896
and on what fund. The auditor shall not issue a warrant for the 4897
payment of any claim against the county, unless it is allowed by 4898
the board of county commissioners, except where the amount due is 4899
fixed by law or is allowed by an officer or tribunal, including a 4900
county board of mental health or county board of mental 4901
retardation and developmental disabilities, so authorized by law. 4902
If the auditor questions the validity of an expenditure that is 4903
within available appropriations and for which a proper order or 4904
voucher and evidentiary matter is presented, the auditor shall 4905
notify the board, officer, or tribunal who presented the voucher. 4906
If the board, officer, or tribunal determines that the expenditure 4907
is valid and the auditor continues to refuse to issue the4908
appropriate warrant on the county treasury, a writ of mandamus may 4909
be sought. The court shall issue a writ of mandamus for issuance 4910
of the warrant if the court determines that the claim is valid.4911

       Evidentiary matter includes original invoices, receipts,4912
bills and checks, and legible copies of contracts.4913

       Sec. 325.19.  (A)(1) The granting of vacation leave under4914
division (A)(1) of this section is subject to divisions (A)(2) and4915
(3) of this section. Each full-time employee in the several4916
offices and departments of the county service, including full-time4917
hourly rate employees, after service of one year with the county4918
or any political subdivision of the state, shall have earned and4919
will be due upon the attainment of the first year of employment,4920
and annually thereafter, eighty hours of vacation leave with full4921
pay. One year of service shall be computed on the basis of4922
twenty-six biweekly pay periods. A full-time county employee with4923
eight or more years of service with the county or any political4924
subdivision of the state shall have earned and is entitled to one4925
hundred twenty hours of vacation leave with full pay. A full-time4926
county employee with fifteen or more years of service with the4927
county or any political subdivision of the state shall have earned4928
and is entitled to one hundred sixty hours of vacation leave with4929
full pay. A full-time county employee with twenty-five years of4930
service with the county or any political subdivision of the state4931
shall have earned and is entitled to two hundred hours of vacation4932
leave with full pay. Such vacation leave shall accrue to the4933
employee at the rate of three and one-tenth hours each biweekly4934
period for those entitled to eighty hours per year; four and4935
six-tenths hours each biweekly period for those entitled to one4936
hundred twenty hours per year; six and two-tenths hours each4937
biweekly period for those entitled to one hundred sixty hours per4938
year; and seven and seven-tenths hours each biweekly period for4939
those entitled to two hundred hours per year.4940

       The appointing authorities of the offices and departments of4941
the county service may permit all or any part of a person's prior4942
service with any regional council of government established in4943
accordance with Chapter 167. of the Revised Code to be considered4944
service with the county or a political subdivision of the state4945
for the purpose of determining years of service under this4946
division.4947

       (2) Full-time employees granted vacation leave under division 4948
(A)(1) of this section who render any standard of service other 4949
than forty hours per week as described in division (J) of this 4950
section and who are in active pay status in a biweekly pay period, 4951
shall accrue a number of hours of vacation leave during each such 4952
pay period that bears the same ratio to the number of hours 4953
specified in division (A)(1) of this section as their number of 4954
hours which are accepted as full-time in active pay status,4955
excluding overtime hours, bears to eighty hours.4956

       (3) Full-time employees granted vacation leave under division 4957
(A)(1) of this section who are in active pay status in a biweekly 4958
pay period for less than eighty hours or the number of hours of 4959
service otherwise accepted as full-time by their employing office 4960
or department shall accrue a number of hours of vacation leave 4961
during that pay period that bears the same ratio to the number of 4962
hours specified in division (A)(1) of this section as their number 4963
of hours in active pay status, excluding overtime hours, bears to 4964
eighty or the number of hours of service accepted as full-time, 4965
whichever is applicable.4966

       (B) A board of county commissioners, by resolution, may grant 4967
vacation leave with full pay to part-time county employees. A 4968
part-time county employee shall be eligible for vacation leave4969
with full pay upon the attainment of the first year of employment,4970
and annually thereafter. The ratio between the hours worked and4971
the vacation hours awarded to a part-time employee shall be the4972
same as the ratio between the hours worked and the vacation hours4973
earned by a full-time employee as provided for in this section.4974

       (C) Days specified as holidays in section 124.19 of the4975
Revised Code shall not be charged to an employee's vacation leave.4976
Vacation leave shall be taken by the employee during the year in4977
which it accrued and prior to the next recurrence of the4978
anniversary date of the employee's employment, provided that the4979
appointing authority may, in special and meritorious cases, permit4980
such employee to accumulate and carry over the employee's vacation4981
leave to the following year. No vacation leave shall be carried4982
over for more than three years. An employee is entitled to4983
compensation, at the employee's current rate of pay, for the4984
prorated portion of any earned but unused vacation leave for the4985
current year to the employee's credit at time of separation, and4986
in addition shall be compensated for any unused vacation leave4987
accrued to the employee's credit, with the permission of the4988
appointing authority, for the three years immediately preceding4989
the last anniversary date of employment.4990

       (D)(1) In addition to vacation leave, a full-time county4991
employee is entitled to eight hours of holiday pay for New Year's4992
day, Martin Luther King day, Washington-Lincoln day, Memorial day,4993
Independence day, Labor day, Columbus day, Veterans' day,4994
Thanksgiving day, and Christmas day, of each year. Except as4995
provided in division (D)(2) of this section, holidays shall occur4996
on the days specified in section 1.14 of the Revised Code. If any4997
of those holidays fall on Saturday, the Friday immediately4998
preceding shall be observed as the holiday. If any of those4999
holidays fall on Sunday, the Monday immediately succeeding shall5000
be observed as the holiday. If an employee's work schedule is5001
other than Monday through Friday, the employee is entitled to5002
holiday pay for holidays observed on the employee's day off5003
regardless of the day of the week on which they are observed.5004

       (2)(a) When a classified employee of a county board of mental5005
retardation and developmental disabilities works at a site5006
maintained by a government entity other than the board, such as a5007
public school, the board may adjust the employee's holiday5008
schedule to conform to the schedule adopted by the government5009
entity. Under an adjusted holiday schedule, an employee shall5010
receive the number of hours of holiday pay granted under division5011
(D)(1) of this section.5012

       (b) Pursuant to division (J)(6) of section 339.06 of the5013
Revised Code, a county hospital may observe Martin Luther King5014
day, Washington-Lincoln day, Columbus day, and Veterans' day on5015
days other than those specified in section 1.14 of the Revised5016
Code.5017

       (E) In the case of the death of a county employee, the unused 5018
vacation leave and unpaid overtime to the credit of the employee 5019
shall be paid in accordance with section 2113.04 of the Revised 5020
Code, or to the employee's estate.5021

       (F) Notwithstanding this section or any other section of the5022
Revised Code, any appointing authority of a county office,5023
department, commission, board, or body may, upon notification to5024
the board of county commissioners, establish alternative schedules5025
of vacation leave and holidays for employees of the appointing5026
authority for whom the state employment relations board has not5027
established an appropriate bargaining unit pursuant to section5028
4117.06 of the Revised Code, as long as the alternative schedules 5029
are not inconsistent with the provisions of at least one 5030
collective bargaining agreement covering other employees of that 5031
appointing authority, if such an agreement exists. If no such 5032
collective bargaining agreement exists, an appointing authority, 5033
upon notification to the board of county commissioners, may 5034
establish an alternative schedule of vacation leave and holidays 5035
for its employees that does not diminish the vacation leave and 5036
holiday benefits granted by this section.5037

       (G) The employees of a county children services board that5038
establishes vacation benefits under section 5153.12 of the Revised5039
Code are exempt from division (A) of this section.5040

       (H) The provisions of this section do not apply to5041
superintendents and management employees of county boards of5042
mental retardation and developmental disabilities.5043

       (I) Division (A) of this section does not apply to an5044
employee of a county board of mental retardation and developmental5045
disabilities who works at, or provides transportation services to5046
pupils of, a special education program provided by the county5047
board pursuant to division (A)(4) of section 5126.05 of the5048
Revised Code, if the employee's employment is based on a school5049
year and the employee is not subject to a contract with the county5050
board that provides for division (A) of this section to apply to5051
the employee.5052

       (J) As used in this section:5053

       (1) "Full-time employee" means an employee whose regular5054
hours of service for a county total forty hours per week, or who5055
renders any other standard of service accepted as full-time by an5056
office, department, or agency of county service.5057

       (2) "Part-time employee" means an employee whose regular5058
hours of service for a county total less than forty hours per5059
week, or who renders any other standard of service accepted as5060
part-time by an office, department, or agency of county service,5061
and whose hours of county service total at least five hundred5062
twenty hours annually.5063

       (3) "Management employee" has the same meaning as in section5064
5126.20 of the Revised Code.5065

       Sec. 329.06.  (A) Except as provided in division (C) of this 5066
section and section 6301.08 of the Revised Code, the board of 5067
county commissioners shall establish a county family services 5068
planning committee. The board shall appoint a member to represent 5069
the county department of job and family services; an employee in 5070
the classified civil service of the county department of job and 5071
family services, if there are any such employees; and a member to 5072
represent the public. The board shall appoint other individuals to 5073
the committee in such a manner that the committee's membership is 5074
broadly representative of the groups of individuals and the public 5075
and private entities that have an interest in the family services 5076
provided in the county. The board shall make appointments in a 5077
manner that reflects the ethnic and racial composition of the 5078
county. The following groups and entities may be represented on 5079
the committee:5080

       (1) Consumers of family services;5081

       (2) The public children services agency;5082

       (3) The child support enforcement agency;5083

       (4) The county family and children first council;5084

       (5) Public and private colleges and universities;5085

       (6) Public entities that provide family services, including 5086
boards of health, boards of education, the county board of mental 5087
retardation and developmental disabilities, and the board of 5088
alcohol, drug addiction, and mental health services that serves 5089
the county;5090

       (7) Private nonprofit and for-profit entities that provide 5091
family services in the county or that advocate for consumers of 5092
family services in the county, including entities that provide5093
services to or advocate for victims of domestic violence;5094

       (8) Labor organizations;5095

       (9) Any other group or entity that has an interest in the5096
family services provided in the county, including groups or5097
entities that represent any of the county's business, urban, and5098
rural sectors.5099

       (B) The county family services planning committee shall do 5100
all of the following:5101

       (1) Serve as an advisory body to the board of county5102
commissioners with regard to the family services provided in the5103
county, including assistance under Chapters 5107. and 5108. of the5104
Revised Code, publicly funded child care under Chapter 5104. of5105
the Revised Code, and social services provided under section 5106
5101.46 of the Revised Code;5107

       (2) At least once a year, review and analyze the county 5108
department of job and family services' implementation of the 5109
programs established under Chapters 5107. and 5108. of the Revised 5110
Code. In its review, the committee shall use information available 5111
to it to examine all of the following:5112

       (a) Return of assistance groups to participation in either 5113
program after ceasing to participate;5114

       (b) Teen pregnancy rates among the programs' participants;5115

       (c) The other types of assistance the programs' participants5116
receive, including medical assistance under Chapter 5111. of the5117
Revised Code, publicly funded child care under Chapter 5104. of 5118
the Revised Code, food stamp benefits under section 5101.54 of the 5119
Revised Code, and energy assistance under Chapter 5117. of the 5120
Revised Code;5121

       (d) Other issues the committee considers appropriate.5122

       The committee shall make recommendations to the board of 5123
county commissioners and county department of job and family5124
services regarding the committee's findings.5125

       (3) Conduct public hearings on proposed county profiles for 5126
the provision of social services under section 5101.46 of the5127
Revised Code;5128

       (4) At the request of the board, make recommendations and5129
provide assistance regarding the family services provided in the5130
county;5131

       (5) At any other time the committee considers appropriate, 5132
consult with the board and make recommendations regarding the 5133
family services provided in the county. The committee's 5134
recommendations may address the following:5135

       (a) Implementation and administration of family service 5136
programs;5137

       (b) Use of federal, state, and local funds available for 5138
family service programs;5139

       (c) Establishment of goals to be achieved by family service 5140
programs;5141

       (d) Evaluation of the outcomes of family service programs;5142

       (e) Any other matter the board considers relevant to the 5143
provision of family services.5144

       (C) If there is a committee in existence in a county on 5145
October 1, 1997, that the board of county commissioners determines 5146
is capable of fulfilling the responsibilities of a county family5147
services planning committee, the board may designate the committee 5148
as the county's family services planning committee and the 5149
committee shall serve in that capacity.5150

       Sec. 1751.01.  As used in this chapter:5151

       (A)(1) "Basic health care services" means the following 5152
services when medically necessary:5153

       (a) Physician's services, except when such services are5154
supplemental under division (B) of this section;5155

       (b) Inpatient hospital services;5156

       (c) Outpatient medical services;5157

       (d) Emergency health services;5158

       (e) Urgent care services;5159

       (f) Diagnostic laboratory services and diagnostic and5160
therapeutic radiologic services;5161

       (g) Diagnostic and treatment services, other than 5162
prescription drug services, for biologically based mental 5163
illnesses;5164

       (h) Preventive health care services, including, but not5165
limited to, voluntary family planning services, infertility5166
services, periodic physical examinations, prenatal obstetrical5167
care, and well-child care;5168

       (i) Routine patient care for patients enrolled in an eligible 5169
cancer clinical trial pursuant to section 3923.80 of the Revised 5170
Code.5171

       "Basic health care services" does not include experimental5172
procedures.5173

        Except as provided by divisions (A)(2) and (3) of this 5174
section in connection with the offering of coverage for diagnostic 5175
and treatment services for biologically based mental illnesses, a 5176
health insuring corporation shall not offer coverage for a health 5177
care service, defined as a basic health care service by this 5178
division, unless it offers coverage for all listed basic health 5179
care services. However, this requirement does not apply to the 5180
coverage of beneficiaries enrolled in medicare pursuant to a 5181
medicare contract, or to the coverage of beneficiaries enrolled 5182
in the federal employee health benefits program pursuant to 55183
U.S.C.A. 8905, or to the coverage of medicaid recipients, or to 5184
the coverage of participants of the children's buy-in program, or 5185
to the coverage of beneficiaries under any federal health care5186
program regulated by a federal regulatory body, or to the 5187
coverage of beneficiaries under any contract covering officers or 5188
employees of the state that has been entered into by the 5189
department of administrative services.5190

       (2) A health insuring corporation may offer coverage for 5191
diagnostic and treatment services for biologically based mental 5192
illnesses without offering coverage for all other basic health 5193
care services. A health insuring corporation may offer coverage 5194
for diagnostic and treatment services for biologically based 5195
mental illnesses alone or in combination with one or more 5196
supplemental health care services. However, a health insuring 5197
corporation that offers coverage for any other basic health care 5198
service shall offer coverage for diagnostic and treatment services 5199
for biologically based mental illnesses in combination with the 5200
offer of coverage for all other listed basic health care services.5201

       (3) A health insuring corporation that offers coverage for 5202
basic health care services is not required to offer coverage for 5203
diagnostic and treatment services for biologically based mental 5204
illnesses in combination with the offer of coverage for all other 5205
listed basic health care services if all of the following apply:5206

       (a) The health insuring corporation submits documentation 5207
certified by an independent member of the American academy of 5208
actuaries to the superintendent of insurance showing that incurred 5209
claims for diagnostic and treatment services for biologically 5210
based mental illnesses for a period of at least six months 5211
independently caused the health insuring corporation's costs for 5212
claims and administrative expenses for the coverage of basic 5213
health care services to increase by more than one per cent per 5214
year. 5215

       (b) The health insuring corporation submits a signed letter 5216
from an independent member of the American academy of actuaries to 5217
the superintendent of insurance opining that the increase in costs 5218
described in division (A)(3)(a) of this section could reasonably 5219
justify an increase of more than one per cent in the annual 5220
premiums or rates charged by the health insuring corporation for 5221
the coverage of basic health care services.5222

       (c) The superintendent of insurance makes the following 5223
determinations from the documentation and opinion submitted 5224
pursuant to divisions (A)(3)(a) and (b) of this section:5225

       (i) Incurred claims for diagnostic and treatment services for 5226
biologically based mental illnesses for a period of at least six 5227
months independently caused the health insuring corporation's 5228
costs for claims and administrative expenses for the coverage of 5229
basic health care services to increase by more than one per cent 5230
per year.5231

       (ii) The increase in costs reasonably justifies an increase 5232
of more than one per cent in the annual premiums or rates charged 5233
by the health insuring corporation for the coverage of basic 5234
health care services. 5235

       Any determination made by the superintendent under this 5236
division is subject to Chapter 119. of the Revised Code.5237

       (B)(1) "Supplemental health care services" means any health 5238
care services other than basic health care services that a health 5239
insuring corporation may offer, alone or in combination with 5240
either basic health care services or other supplemental health 5241
care services, and includes:5242

       (a) Services of facilities for intermediate or long-term5243
care, or both;5244

       (b) Dental care services;5245

       (c) Vision care and optometric services including lenses and 5246
frames;5247

       (d) Podiatric care or foot care services;5248

       (e) Mental health services, excluding diagnostic and 5249
treatment services for biologically based mental illnesses;5250

       (f) Short-term outpatient evaluative and crisis-intervention 5251
mental health services;5252

       (g) Medical or psychological treatment and referral services 5253
for alcohol and drug abuse or addiction;5254

       (h) Home health services;5255

       (i) Prescription drug services;5256

       (j) Nursing services;5257

       (k) Services of a dietitian licensed under Chapter 4759. of 5258
the Revised Code;5259

       (l) Physical therapy services;5260

       (m) Chiropractic services;5261

       (n) Any other category of services approved by the5262
superintendent of insurance.5263

       (2) If a health insuring corporation offers prescription 5264
drug services under this division, the coverage shall include 5265
prescription drug services for the treatment of biologically based 5266
mental illnesses on the same terms and conditions as other 5267
physical diseases and disorders.5268

       (C) "Specialty health care services" means one of the5269
supplemental health care services listed in division (B) of this 5270
section, when provided by a health insuring corporation on an 5271
outpatient-only basis and not in combination with other 5272
supplemental health care services.5273

&n