Am. Sub. H. B. No. 1 As Reported by the Committee of Conference

As Reported by the Committee of Conference

128th General Assembly

Regular Session

2009-2010

Am. Sub. H. B. No. 1

Representative Sykes

Cosponsors: Representatives Chandler, Brown, Bolon, Book, Celeste, DeBose, DeGeeter, Domenick, Dyer, Hagan, Harris, Harwood, Heard, Koziura, Letson, Luckie, Mallory, Pryor, Stewart, Szollosi, Ujvagi, Weddington, Williams, B., Williams, S., Winburn, Yates, Yuko
Senators Carey, Goodman, Harris, Niehaus

A BILL

To amend sections 7.12, 9.06, 9.24, 9.314, 101.34,

101.72, 102.02, 105.41, 107.21, 107.40, 109.57,

109.572, 109.73, 109.731, 109.742, 109.744,

109.751, 109.761, 109.77, 109.802, 109.803,

117.13, 118.05, 120.08, 121.04, 121.07, 121.08,

121.083, 121.084, 121.31, 121.37, 121.40,

121.401, 121.402, 122.011, 122.05, 122.051,

122.075, 122.151, 122.17, 122.171, 122.40,

122.603, 122.71, 122.751, 122.76, 122.89,

123.01, 124.03, 124.04, 124.07, 124.11, 124.134,

124.14, 124.152, 124.181, 124.183, 124.22,

124.23, 124.27, 124.321, 124.324, 124.325,

124.34, 124.381, 124.382, 124.385, 124.386,

124.392, 124.81, 125.11, 125.18, 125.831, 126.05,

126.21, 126.35, 127.16, 131.23, 131.33, 133.01,

133.02, 133.06, 133.18, 133.20, 133.21, 133.34,

135.03, 135.06, 135.08, 135.32, 141.04, 145.012,

145.298, 148.02, 148.04, 149.43, 149.45,

150.01, 150.02, 150.03, 150.04, 150.05, 150.07,

152.09, 152.10, 152.12, 152.15, 152.33, 156.01,

156.02, 156.03, 156.04, 166.02, 166.07, 166.08,

166.11, 166.25, 169.08, 173.08, 173.35,

173.392, 173.40, 173.401, 173.42, 173.43,

173.50, 173.71, 173.76, 173.99, 174.02, 174.03,

174.06, 175.01, 176.05, 303.213, 307.626,

307.629, 307.79, 311.17, 311.42, 319.28,

319.301, 319.302, 319.54, 321.24, 321.261,

323.01, 323.121, 323.156, 323.73, 323.74, 323.77,

323.78, 329.03, 329.04, 329.042, 329.051,

329.06, 340.033, 343.01, 351.01, 351.021, 504.21,

505.82, 711.001, 711.05, 711.10, 711.131, 718.04,

721.15, 901.20, 901.32, 901.43, 903.082, 903.11,

903.25, 905.32, 905.33, 905.331, 905.36,

905.50, 905.51, 905.52, 905.56, 907.13, 907.14,

907.30, 907.31, 915.24, 918.08, 918.28, 921.02,

921.06, 921.09, 921.11, 921.13, 921.16,

921.22, 921.27, 921.29, 923.44, 923.46, 927.51,

927.52, 927.53, 927.56, 927.69, 927.70,

927.701, 927.71, 942.01, 942.02, 942.06, 942.13,

943.01, 943.02, 943.04, 943.05, 943.06, 943.07,

943.13, 943.14, 943.16, 953.21, 953.22, 953.23,

955.201, 1321.20, 1321.51, 1321.52, 1321.53,

1321.54, 1321.55, 1321.551, 1321.57, 1321.59,

1321.60, 1321.99, 1322.01, 1322.02, 1322.03,

1322.031, 1322.04, 1322.041, 1322.05, 1322.051,

1322.052, 1322.06, 1322.061, 1322.062, 1322.063,

1322.064, 1322.07, 1322.071, 1322.072, 1322.074,

1322.075, 1322.08, 1322.081, 1322.09, 1322.10,

1322.11, 1322.99, 1332.24, 1332.25, 1343.011,

1345.01, 1345.05, 1345.09, 1347.08, 1349.31,

1349.43, 1501.01, 1501.05, 1501.07, 1501.30,

1502.12, 1506.01, 1507.01, 1511.01, 1511.02,

1511.021, 1511.022, 1511.03, 1511.04, 1511.05,

1511.06, 1511.07, 1511.071, 1511.08, 1514.08,

1514.10, 1514.13, 1515.08, 1515.14, 1515.183,

1517.02, 1517.10, 1517.11, 1517.14, 1517.16,

1517.17, 1517.18, 1519.03, 1520.02, 1520.03,

1521.03, 1521.031, 1521.04, 1521.05, 1521.06,

1521.061, 1521.062, 1521.063, 1521.064, 1521.07,

1521.10, 1521.11, 1521.12, 1521.13, 1521.14,

1521.15, 1521.16, 1521.18, 1521.19, 1523.01,

1523.02, 1523.03, 1523.04, 1523.05, 1523.06,

1523.07, 1523.08, 1523.09, 1523.10, 1523.11,

1523.12, 1523.13, 1523.14, 1523.15, 1523.16,

1523.17, 1523.18, 1523.19, 1523.20, 1533.11,

1541.03, 1547.01, 1547.51, 1547.52, 1547.531,

1547.54, 1547.542, 1547.73, 1547.99, 1548.10,

1707.17, 1707.18, 1707.37, 1710.01, 1710.02,

1710.03, 1710.04, 1710.06, 1710.07, 1710.10,

1710.13, 1721.211, 1724.02, 1724.04, 1733.26,

1739.05, 1751.03, 1751.04, 1751.05, 1751.14,

1751.15, 1751.16, 1751.18, 1751.19, 1751.32,

1751.321, 1751.34, 1751.35, 1751.36, 1751.45,

1751.46, 1751.48, 1751.831, 1751.84, 1751.85,

1753.09, 1901.121, 1901.26, 1901.31, 1907.14,

1907.24, 2101.01, 2301.02, 2301.03, 2303.201,

2305.234, 2317.422, 2503.17, 2505.09, 2505.12,

2743.51, 2744.05, 2903.214, 2903.33, 2907.27,

2911.21, 2913.46, 2915.01, 2921.13, 2921.51,

2923.125, 2923.1210, 2923.1213, 2923.16, 2937.22,

2949.091, 2949.111, 2949.17, 2981.13, 3105.87,

3111.04, 3119.01, 3119.54, 3121.03, 3121.035,

3121.037, 3121.0311, 3121.19, 3121.20,

3121.898, 3123.952, 3125.25, 3301.07, 3301.075,

3301.079, 3301.0710, 3301.0711, 3301.0714,

3301.0715, 3301.0716, 3301.0718, 3301.12, 3301.16,

3301.42, 3301.46, 3301.55, 3301.57, 3302.01,

3302.02, 3302.021, 3302.03, 3302.031, 3302.05,

3302.07, 3304.16, 3304.231, 3307.31, 3307.64,

3309.41, 3309.48, 3309.51, 3310.03, 3310.08,

3310.09, 3310.11, 3310.14, 3310.41, 3311.059,

3311.06, 3311.19, 3311.21, 3311.29, 3311.52,

3311.76, 3313.483, 3313.53, 3313.532, 3313.536,

3313.55, 3313.60, 3313.602, 3313.603, 3313.605,

3313.608, 3313.6013, 3313.61, 3313.611, 3313.612,

3313.614, 3313.615, 3313.64, 3313.642, 3313.6410,

3313.65, 3313.713, 3313.843, 3313.976, 3313.978,

3313.98, 3313.981, 3314.012, 3314.015, 3314.016,

3314.02, 3314.021, 3314.03, 3314.08, 3314.085,

3314.087, 3314.091, 3314.10, 3314.13, 3314.19,

100

3314.25, 3314.26, 3314.35, 3314.36, 3315.37,

101

3316.041, 3316.06, 3316.20, 3317.01, 3317.011,

102

3317.013, 3317.02, 3317.021, 3317.022,

103

3317.023, 3317.024, 3317.025, 3317.0210,

104

3317.0211, 3317.0216, 3317.03, 3317.031, 3317.04,

105

3317.061, 3317.063, 3317.08, 3317.081, 3317.082,

106

3317.12, 3317.16, 3317.18, 3317.20, 3317.201,

107

3318.011, 3318.051, 3318.061, 3318.36, 3318.38,

108

3318.44, 3319.073, 3319.08, 3319.081, 3319.088,

109

3319.11, 3319.151, 3319.16, 3319.161, 3319.22,

110

3319.221, 3319.233, 3319.234, 3319.235, 3319.24,

111

3319.25, 3319.26, 3319.28, 3319.291, 3319.303,

112

3319.36, 3319.391, 3319.41, 3319.51, 3319.56,

113

3319.57, 3319.60, 3319.61, 3319.63, 3321.01,

114

3321.05, 3323.05, 3323.091, 3323.14, 3323.142,

115

3324.05, 3325.08, 3326.02, 3326.03, 3326.04,

116

3326.05, 3326.06, 3326.07, 3326.08, 3326.11,

117

3326.14, 3326.20, 3326.23, 3326.33, 3326.36,

118

3326.37, 3326.51, 3327.02, 3327.04, 3327.05,

119

3327.10, 3329.16, 3333.04, 3333.122, 3333.123,

120

3333.16, 3333.28, 3333.35, 3333.38, 3333.42,

121

3333.61, 3333.62, 3333.66, 3334.03, 3334.07,

122

3334.08, 3334.11, 3334.12, 3343.04, 3345.011,

123

3345.062, 3345.12, 3345.32, 3345.61, 3345.62,

124

3345.63, 3345.64, 3345.65, 3345.66, 3349.242,

125

3351.07, 3354.26, 3365.01, 3365.04, 3365.041,

126

3365.07, 3365.08, 3365.09, 3365.10, 3501.17,

127

3503.18, 3503.21, 3701.045, 3701.07, 3701.242,

128

3701.247, 3701.344, 3701.78, 3702.30, 3702.51,

129

3702.52, 3702.524, 3702.525, 3702.53,

130

3702.532, 3702.54, 3702.544, 3702.55, 3702.57,

131

3702.59, 3702.60, 3702.61, 3702.74, 3702.87,

132

3702.89, 3702.90, 3702.91, 3702.92, 3702.93,

133

3702.94, 3703.01, 3703.03, 3703.04, 3703.05,

134

3703.06, 3703.07, 3703.08, 3703.10, 3703.21,

135

3703.99, 3704.03, 3704.14, 3704.144, 3705.03,

136

3705.24, 3706.04, 3706.25, 3707.26, 3709.09,

137

3712.01, 3712.03, 3713.01, 3713.02, 3713.03,

138

3713.04, 3713.05, 3713.06, 3713.07, 3713.08,

139

3713.09, 3713.10, 3714.03, 3714.07, 3715.87,

140

3715.871, 3715.873, 3717.07, 3717.23, 3717.25,

141

3717.43, 3717.45, 3718.03, 3718.06, 3721.01,

142

3721.02, 3721.071, 3721.23, 3721.50, 3721.51,

143

3721.53, 3721.55, 3721.56, 3722.01, 3722.011,

144

3722.02, 3722.021, 3722.04, 3722.041, 3722.05,

145

3722.06, 3722.08, 3722.09, 3722.10, 3722.13,

146

3722.14, 3722.15, 3722.16, 3722.17, 3722.18,

147

3722.99, 3727.02, 3729.07, 3733.02, 3733.04,

148

3733.25, 3733.43, 3734.05, 3734.28, 3734.281,

149

3734.53, 3734.57, 3734.573, 3734.82, 3734.901,

150

3734.9010, 3737.71, 3743.04, 3743.25, 3745.015,

151

3745.05, 3745.11, 3748.01, 3748.04, 3748.07,

152

3748.12, 3748.13, 3749.04, 3767.41, 3770.03,

153

3770.05, 3773.35, 3773.36, 3773.43, 3773.45,

154

3773.53, 3781.03, 3781.07, 3781.10, 3781.102,

155

3781.11, 3781.12, 3781.19, 3783.05, 3791.02,

156

3791.04, 3791.05, 3791.07, 3793.02, 3793.04,

157

3901.381, 3901.3812, 3923.021, 3923.022, 3923.11,

158

3923.122, 3923.24, 3923.58, 3923.581, 3923.66,

159

3923.67, 3923.68, 3923.75, 3923.76, 3923.77,

160

3924.06, 3929.43, 3937.41, 3951.01, 4104.01,

161

4104.02, 4104.06, 4104.07, 4104.08, 4104.09,

162

4104.10, 4104.101, 4104.12, 4104.15, 4104.16,

163

4104.17, 4104.18, 4104.19, 4104.21, 4104.33,

164

4104.42, 4104.43, 4104.44, 4104.48, 4105.01,

165

4105.02, 4105.03, 4105.04, 4105.05, 4105.06,

166

4105.09, 4105.11, 4105.12, 4105.13, 4105.15,

167

4105.16, 4105.17, 4105.191, 4105.20, 4105.21,

168

4112.01, 4112.04, 4112.05, 4112.051, 4117.01,

169

4117.02, 4117.07, 4117.12, 4117.24, 4123.27,

170

4141.01, 4141.08, 4141.162, 4141.31, 4169.02,

171

4169.03, 4169.04, 4171.04, 4301.333, 4301.334,

172

4301.351, 4301.354, 4301.355, 4301.356, 4301.361,

173

4301.364, 4301.365, 4301.366, 4301.43, 4303.181,

174

4303.182, 4303.331, 4501.06, 4501.24, 4501.271,

175

4503.068, 4503.10, 4503.103, 4503.182, 4503.19,

176

4503.191, 4503.235, 4503.40, 4503.42, 4503.44,

177

4505.01, 4505.06, 4505.062, 4505.09, 4505.111,

178

4505.181, 4505.20, 4507.02, 4507.03, 4507.23,

179

4507.24, 4507.45, 4509.101, 4510.11, 4510.12,

180

4510.16, 4510.22, 4511.191, 4511.69, 4513.021,

181

4513.03, 4513.04, 4513.05, 4513.06, 4513.07,

182

4513.071, 4513.09, 4513.11, 4513.111, 4513.12,

183

4513.13, 4513.14, 4513.15, 4513.16, 4513.17,

184

4513.171, 4513.18, 4513.19, 4513.21, 4513.22,

185

4513.23, 4513.24, 4513.242, 4513.28, 4513.60,

186

4513.65, 4513.99, 4517.01, 4517.02, 4517.03,

187

4517.30, 4517.33, 4517.43, 4519.02, 4519.03,

188

4519.04, 4519.44, 4519.59, 4549.10, 4549.12,

189

4582.07, 4582.08, 4582.32, 4582.33, 4709.12,

190

4713.32, 4713.63, 4713.64, 4717.31, 4729.42,

191

4729.99, 4731.10, 4731.26, 4731.38, 4731.65,

192

4731.71, 4733.10, 4734.25, 4735.06, 4735.09,

193

4735.12, 4735.13, 4735.15, 4736.01, 4740.03,

194

4740.11, 4740.14, 4741.41, 4741.44, 4741.45,

195

4741.46, 4751.07, 4755.06, 4755.12, 4757.10,

196

4757.31, 4757.36, 4763.01, 4763.03, 4763.04,

197

4763.05, 4763.06, 4763.07, 4763.09, 4763.11,

198

4763.13, 4763.14, 4763.17, 4765.11, 4765.17,

199

4765.23, 4765.30, 4766.09, 4767.05, 4767.07,

200

4767.08, 4776.02, 4781.01, 4781.02, 4781.04,

201

4781.05, 4781.06, 4781.07, 4905.801, 4928.01,

202

5101.11, 5101.16, 5101.162, 5101.181, 5101.24,

203

5101.26, 5101.31, 5101.33, 5101.34, 5101.36,

204

5101.47, 5101.50, 5101.5212, 5101.5213, 5101.54,

205

5101.541, 5101.544, 5101.571, 5101.573, 5101.58,

206

5101.60, 5101.61, 5101.84, 5103.02, 5103.03,

207

5104.04, 5104.041, 5104.051, 5104.30, 5104.32,

208

5104.341, 5104.35, 5104.39, 5104.42, 5107.05,

209

5107.16, 5107.17, 5107.78, 5108.04, 5108.07,

210

5111.01, 5111.028, 5111.032, 5111.033,

211

5111.034, 5111.06, 5111.084, 5111.16, 5111.176,

212

5111.20, 5111.21, 5111.211, 5111.231, 5111.232,

213

5111.24, 5111.243, 5111.25, 5111.261, 5111.65,

214

5111.651, 5111.68, 5111.681, 5111.685, 5111.686,

215

5111.688, 5111.705, 5111.85, 5111.851,

216

5111.874, 5111.875, 5111.89, 5111.891,

217

5111.894, 5111.971, 5112.03, 5112.08, 5112.17,

218

5112.30, 5112.31, 5112.37, 5112.39, 5115.20,

219

5115.22, 5115.23, 5119.16, 5119.61, 5120.032,

220

5120.033, 5120.09, 5122.31, 5123.049, 5123.0412,

221

5123.0413, 5123.0417, 5123.19, 5126.044, 5126.05,

222

5126.054, 5126.055, 5126.0512, 5126.19,

223

5126.24, 5139.43, 5153.163, 5501.04, 5502.01,

224

5502.12, 5502.14, 5502.15, 5505.15, 5701.11,

225

5703.21, 5703.37, 5703.80, 5705.01, 5705.211,

226

5705.214, 5705.25, 5705.29, 5705.341, 5705.37,

227

5709.62, 5709.63, 5709.632, 5711.33, 5715.02,

228

5715.251, 5715.26, 5717.03, 5717.04, 5721.01,

229

5721.32, 5721.33, 5722.02, 5722.04, 5722.21,

230

5723.04, 5725.18, 5725.98, 5727.81, 5727.811,

231

5727.84, 5728.12, 5729.03, 5729.98, 5733.01,

232

5733.04, 5733.47, 5733.98, 5735.142, 5739.01,

233

5739.02, 5739.03, 5739.033, 5739.09, 5739.131,

234

5743.15, 5743.61, 5747.01, 5747.13, 5747.16,

235

5747.18, 5747.76, 5747.98, 5748.02, 5748.03,

236

5749.02, 5749.12, 5751.01, 5751.011, 5751.012,

237

5751.013, 5751.02, 5751.03, 5751.04, 5751.05,

238

5751.051, 5751.06, 5751.08, 5751.09, 5751.20,

239

5751.21, 5751.22, 5751.23, 5911.10, 5913.051,

240

5913.09, 6103.01, 6103.02, 6109.21, 6111.04,

241

6111.044, 6111.44, 6117.01, 6117.02, 6119.011,

242

and 6301.03; to amend, for the purpose of

243

adopting new section numbers as indicated in

244

parentheses, sections 173.43 (173.422),

245

1517.14 (1547.81), 1517.16 (1547.82), 1517.17

246

(1547.83), 1517.18, (1547.84), 3313.174 (3313.82),

247

3319.233 (3333.049), 5101.5110 (5101.5111),

248

5111.019 (5111.0120), and 5111.688 (5111.689);

249

to enact new sections 173.43, 3301.0712,

250

3319.222, 5101.5110, 5111.688, and 5112.371 and

251

sections 5.2265, 9.317, 103.24, 107.19, 111.26,

252

111.27, 121.375, 122.042, 122.12, 122.121,

253

122.85, 124.393, 124.821, 124.822, 124.86,

254

125.181, 125.20, 126.10, 126.50, 126.501,

255

126.502, 126.503, 126.504, 126.505, 126.506,

256

126.507, 131.38, 133.022, 148.05, 150.051,

257

153.013, 166.22, 166.28, 173.28, 173.402,

258

173.403, 173.421, 173.423, 173.424, 173.425,

259

173.431, 173.432, 173.433, 173.434, 173.501,

260

173.70, 175.052, 175.30, 175.31, 175.32, 305.20,

261

319.24, 717.25, 901.041, 901.91, 927.54,

262

943.031, 1321.521, 1321.522, 1321.531, 1321.532,

263

1321.533, 1321.534, 1321.535, 1321.536, 1321.552,

264

1321.591, 1321.592, 1321.593, 1321.594, 1322.022,

265

1322.023, 1322.024, 1322.025, 1322.065, 1547.02,

266

1547.85, 1547.86, 1547.87, 1733.252, 2505.122,

267

3119.371, 3301.041, 3301.076, 3301.0719,

268

3301.0721, 3301.122, 3301.60, 3301.61, 3301.62,

269

3301.63, 3301.64, 3301.82, 3301.90, 3301.95,

270

3304.181, 3304.182, 3306.01, 3306.011, 3306.012,

271

3306.02, 3306.03, 3306.04, 3306.05, 3306.051,

272

3306.052, 3306.06, 3306.07, 3306.08, 3306.09,

273

3306.091, 3306.10, 3306.11, 3306.12, 3306.13,

274

3306.18, 3306.19, 3306.191, 3306.192, 3306.21,

275

3306.22, 3306.25, 3306.29, 3306.291, 3306.292,

276

3306.30, 3306.31, 3306.33, 3306.34, 3306.35,

277

3306.40, 3306.50, 3306.51, 3306.52, 3306.53,

278

3306.54, 3306.55, 3306.56, 3306.57, 3306.58,

279

3310.15, 3311.0510, 3313.6015, 3313.719,

280

3313.821, 3313.822, 3313.83, 3313.86, 3314.028,

281

3314.088, 3314.44, 3317.018, 3318.312, 3319.223,

282

3319.611, 3319.612, 3319.70, 3319.71, 3321.041,

283

3326.39, 3333.048, 3333.39, 3333.391, 3333.392,

284

3333.90, 3334.111, 3345.36, 3353.09, 3353.20,

285

3354.24, 3365.12, 3375.79, 3701.0211, 3701.136,

286

3701.611, 3702.592, 3702.593, 3702.594,

287

3705.031, 3709.092, 3715.041, 3721.511, 3721.512,

288

3721.513, 3722.022, 3734.282, 3770.21, 3793.21,

289

3903.77, 3923.241, 3923.582, 3923.90, 3923.91,

290

4113.11, 4123.446, 4301.85, 4501.243, 4501.29,

291

4503.548, 4503.563, 4582.71, 4755.061, 4781.16,

292

4781.17, 4781.18, 4781.19, 4781.20, 4781.21,

293

4781.22, 4781.23, 4781.24, 4781.25, 4781.99,

294

5101.073, 5101.504, 5101.5210, 5101.542,

295

5111.0121, 5111.0210, 5111.092, 5111.233,

296

5111.236, 5111.262, 5111.861, 5111.88, 5111.881,

297

5111.882, 5111.883, 5111.884, 5111.885,

298

5111.886, 5111.887, 5111.888, 5111.889,

299

5111.8810, 5111.8811, 5112.40, 5112.41, 5112.42,

300

5112.43, 5112.44, 5112.45, 5112.46, 5112.47,

301

5112.48, 5119.613, 5119.621, 5123.193, 5123.197,

302

5155.38, 5505.152, 5525.26, 5537.051, 5705.219,

303

5705.2110, 5705.2111, 5725.33, 5729.16, 5733.58,

304

5733.59, 5739.051, 5747.66, 5751.014, 5911.11,

305

5919.20, 5919.36, and 6119.091; to repeal

306

sections 117.102, 173.71, 173.72, 173.721,

307

173.722, 173.723, 173.724, 173.73, 173.731,

308

173.732, 173.74, 173.741, 173.742, 173.75,

309

173.751, 173.752, 173.753, 173.76, 173.77,

310

173.771, 173.772, 173.773, 173.78, 173.79,

311

173.791, 173.80, 173.801, 173.802, 173.803,

312

173.81, 173.811, 173.812, 173.813, 173.814,

313

173.815, 173.82, 173.83, 173.831, 173.832,

314

173.833, 173.84, 173.85, 173.86, 173.861,

315

173.87, 173.871, 173.872, 173.873, 173.874,

316

173.875, 173.876, 173.88, 173.89, 173.891,

317

173.892, 173.90, 173.91, 905.38, 905.381,

318

905.66, 907.16, 927.74, 1504.01, 1504.02,

319

1504.03, 1504.04, 1517.15, 1521.02, 1711.58,

320

3301.0712, 3301.41, 3301.42, 3301.43, 3302.032,

321

3313.473, 3314.15, 3319.0810, 3319.222,

322

3319.23, 3319.261, 3319.302, 3319.304, 3333.27,

323

3701.77, 3701.771, 3701.772, 3701.93, 3701.931,

324

3701.932, 3701.933, 3701.934, 3701.935, 3701.936,

325

3702.511, 3702.523, 3702.527, 3702.528,

326

3702.529, 3702.542, 3704.143, 3724.01, 3724.02,

327

3724.021, 3724.03, 3724.04, 3724.05, 3724.06,

328

3724.07, 3724.08, 3724.09, 3724.10, 3724.11,

329

3724.12, 3724.13, 3724.99, 4517.052, 4517.27,

330

4735.22, 4735.23, 5101.072, 5103.54, 5111.263,

331

5112.371, 5115.10, 5115.11, 5112.12, 5115.13,

332

5115.14, 5145.32, and 5923.141 of the Revised

333

Code; to amend Sections 205.10, 321.10, 325.20,

334

and 327.10 of Am. Sub. H.B. 2 of the 128th

335

General Assembly; to amend Section 309.10 of

336

Am. Sub. H.B. 2 of the 128th General Assembly;

337

to amend Section 317.10 of Am. Sub. H.B. 2 of

338

the 128th General Assembly; to amend Sections

339

120.01 and 120.02 of Am. Sub. H.B. 119 of the

340

127th General Assembly; to amend Sections

341

103.80.80, 103.80.90, 301.10.50, and 301.30.30

342

of H.B. 496 of the 127th General Assembly; to

343

amend Sections 301.20.20 and 301.60.50 of H.B.

344

496 of the 127th General Assembly, as

345

subsequently amended; to amend Section 11 of Am.

346

Sub. H.B. 554 of the 127th General Assembly; to

347

amend Sections 233.30.20, 233.30.50, 233.40.30,

348

235.10, and 701.20 of H.B. 562 of the 127th

349

General Assembly; to amend Sections 227.10 and

350

233.50.80 of H.B. 562 of the 127th General

351

Assembly, as subsequently amended; to amend

352

Sections 217.11 and 231.20.30 of Am. Sub. H.B.

353

562 of the 127th General Assembly, as

354

subsequently amended; to amend Section 831.06 of

355

H.B. 530 of the 126th General Assembly; to amend

356

Section 4 of H.B. 516 of the 125th General

357

Assembly, as subsequently amended; to amend

358

Section 6 of H.B. 364 of the 124th General

359

Assembly and to amend Section 6 of H.B. 364 of the

360

124th General Assembly to codify the Section as

361

section 3314.027 of the Revised Code; to amend

362

Section 153 of Am. Sub. H.B. 117 of the 121st

363

General Assembly, as subsequently amended; to

364

repeal Section 3 of Am. Sub. H.B. 203 of the

365

126th General Assembly; to repeal Section 325.05

366

of Am. Sub. H.B. 2 of the 128th General

367

Assembly; to further amend sections 711.001,

368

711.05, 711.10, 711.131, 4736.01, 6111.04, and

369

6111.44 of the Revised Code effective January 1,

370

2010; to amend the version of section 2949.111

371

of the Revised Code that is scheduled to take

372

effect January 1, 2010, to continue the

373

provisions of this act on and after that

374

effective date; to amend the version of section

375

5739.033 of the Revised Code that is scheduled

376

to take effect January 1, 2010, to continue the

377

provisions of this act on and after that

378

effective date; to repeal sections 5112.40,

379

5112.41, 5112.42, 5112.43, 5112.44, 5112.45,

380

5112.46, 5112.47, and 5112.48 of the Revised Code,

381

effective October 1, 2011; to repeal the version

382

of sections 1753.53 and 3923.38 of the Revised

383

Code that were scheduled to take effect January 1,

384

2010; to make operating appropriations for the

385

biennium beginning July 1, 2009, and ending June

386

30, 2011, and to provide authorization and

387

conditions for the operation of state programs.

388

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

Section 101.01. That sections 7.12, 9.06, 9.24, 9.314,	389
101.34, 101.72, 102.02, 105.41, 107.21, 107.40, 109.57,	390
109.572, 109.73, 109.731, 109.742, 109.744, 109.751, 109.761,	391
109.77, 109.802, 109.803, 117.13, 118.05, 120.08, 121.04,	392
121.07, 121.08, 121.083, 121.084, 121.31, 121.37, 121.40,	393
121.401, 121.402, 122.011, 122.05, 122.051, 122.075, 122.151,	394
122.17, 122.171, 122.40, 122.603, 122.71, 122.751, 122.76,	395
122.89, 123.01, 124.03, 124.04, 124.07, 124.11, 124.134,	396
124.14, 124.152, 124.181, 124.183, 124.22, 124.23, 124.27,	397
124.321, 124.324, 124.325, 124.34, 124.381, 124.382, 124.385,	398
124.386, 124.392, 124.81, 125.11, 125.18, 125.831, 126.05,	399
126.21, 126.35, 127.16, 131.23, 131.33, 133.01, 133.02, 133.06,	400
133.18, 133.20, 133.21, 133.34, 135.03, 135.06, 135.08, 135.32,	401
141.04, 145.012, 145.298, 148.02, 148.04, 149.43, 149.45,	402
150.01, 150.02, 150.03, 150.04, 150.05, 150.07, 152.09, 152.10,	403
152.12, 152.15, 152.33, 156.01, 156.02, 156.03, 156.04, 166.02,	404
166.07, 166.08, 166.11, 166.25, 169.08, 173.08, 173.35,	405
173.392, 173.40, 173.401, 173.42, 173.43, 173.50, 173.71,	406
173.76, 173.99, 174.02, 174.03, 174.06, 175.01, 176.05,	407
303.213, 307.626, 307.629, 307.79, 311.17, 311.42, 319.28,	408
319.301, 319.302, 319.54, 321.24, 321.261, 323.01, 323.121,	409
323.156, 323.73, 323.74, 323.77, 323.78, 329.03, 329.04, 329.042,	410
329.051, 329.06, 340.033, 343.01, 351.01, 351.021, 504.21, 505.82,	411
711.001, 711.05, 711.10, 711.131, 718.04, 721.15, 901.20,	412
901.32, 901.43, 903.082, 903.11, 903.25, 905.32, 905.33,	413
905.331, 905.36, 905.50, 905.51, 905.52, 905.56, 907.13,	414
907.14, 907.30, 907.31, 915.24, 918.08, 918.28, 921.02, 921.06,	415
921.09, 921.11, 921.13, 921.16, 921.22, 921.27, 921.29,	416
923.44, 923.46, 927.51, 927.52, 927.53, 927.56, 927.69,	417
927.70, 927.701, 927.71, 942.01, 942.02, 942.06, 942.13, 943.01,	418
943.02, 943.04, 943.05, 943.06, 943.07, 943.13, 943.14, 943.16,	419
953.21, 953.22, 953.23, 955.201, 1321.20, 1321.51, 1321.52,	420
1321.53, 1321.54, 1321.55, 1321.551, 1321.57, 1321.59, 1321.60,	421
1321.99, 1322.01, 1322.02, 1322.03, 1322.031, 1322.04,	422
1322.041, 1322.05, 1322.051, 1322.052, 1322.06, 1322.061,	423
1322.062, 1322.063, 1322.064, 1322.07, 1322.071, 1322.072,	424
1322.074, 1322.075, 1322.08, 1322.081, 1322.09, 1322.10, 1322.11,	425
1322.99, 1332.24, 1332.25, 1343.011, 1345.01, 1345.05, 1345.09,	426
1347.08, 1349.31, 1349.43, 1501.01, 1501.05, 1501.07, 1501.30,	427
1502.12, 1506.01, 1507.01, 1511.01, 1511.02, 1511.021,	428
1511.022, 1511.03, 1511.04, 1511.05, 1511.06, 1511.07,	429
1511.071, 1511.08, 1514.08, 1514.10, 1514.13, 1515.08, 1515.14,	430
1515.183, 1517.02, 1517.10, 1517.11, 1517.14, 1517.16, 1517.17,	431
1517.18, 1519.03, 1520.02, 1520.03, 1521.03, 1521.031, 1521.04,	432
1521.05, 1521.06, 1521.061, 1521.062, 1521.063, 1521.064,	433
1521.07, 1521.10, 1521.11, 1521.12, 1521.13, 1521.14, 1521.15,	434
1521.16, 1521.18, 1521.19, 1523.01, 1523.02, 1523.03,	435
1523.04, 1523.05, 1523.06, 1523.07, 1523.08, 1523.09, 1523.10,	436
1523.11, 1523.12, 1523.13, 1523.14, 1523.15, 1523.16, 1523.17,	437
1523.18, 1523.19, 1523.20, 1533.11, 1541.03, 1547.01, 1547.51,	438
1547.52, 1547.531, 1547.54, 1547.542, 1547.73, 1547.99, 1548.10,	439
1707.17, 1707.18, 1707.37, 1710.01, 1710.02, 1710.03, 1710.04,	440
1710.06, 1710.07, 1710.10, 1710.13, 1721.211, 1724.02, 1724.04,	441
1733.26, 1739.05, 1751.03, 1751.04, 1751.05, 1751.14, 1751.15,	442
1751.16, 1751.18, 1751.19, 1751.32, 1751.321, 1751.34, 1751.35,	443
1751.36, 1751.45, 1751.46, 1751.48, 1751.831, 1751.84,	444
1751.85, 1753.09, 1901.121, 1901.26, 1901.31, 1907.14,	445
1907.24, 2101.01, 2301.02, 2301.03, 2303.201, 2305.234, 2317.422,	446
2503.17, 2505.09, 2505.12, 2743.51, 2744.05, 2903.214, 2903.33,	447
2907.27, 2911.21, 2913.46, 2915.01, 2921.13, 2921.51, 2923.125,	448
2923.1210, 2923.1213, 2923.16, 2937.22, 2949.091, 2949.111,	449
2949.17, 2981.13, 3105.87, 3111.04, 3119.01, 3119.54, 3121.03,	450
3121.035, 3121.037, 3121.0311, 3121.19, 3121.20, 3121.898,	451
3123.952, 3125.25, 3301.07, 3301.075, 3301.079, 3301.0710,	452
3301.0711, 3301.0714, 3301.0715, 3301.0716, 3301.0718, 3301.12,	453
3301.16, 3301.42, 3301.46, 3301.55, 3301.57, 3302.01, 3302.02,	454
3302.021, 3302.03, 3302.031, 3302.05, 3302.07, 3304.16, 3304.231,	455
3307.31, 3307.64, 3309.41, 3309.48, 3309.51, 3310.03, 3310.08,	456
3310.09, 3310.11, 3310.14, 3310.41, 3311.059, 3311.06, 3311.19,	457
3311.21, 3311.29, 3311.52, 3311.76, 3313.483, 3313.53, 3313.532,	458
3313.536, 3313.55, 3313.60, 3313.602, 3313.603, 3313.605,	459
3313.608, 3313.6013, 3313.61, 3313.611, 3313.612, 3313.614,	460
3313.615, 3313.64, 3313.642, 3313.6410, 3313.65, 3313.713,	461
3313.843, 3313.976, 3313.978, 3313.98, 3313.981, 3314.012,	462
3314.015, 3314.016, 3314.02, 3314.021, 3314.03, 3314.08,	463
3314.085, 3314.087, 3314.091, 3314.10, 3314.13, 3314.19, 3314.25,	464
3314.26, 3314.35, 3314.36, 3315.37, 3316.041, 3316.06, 3316.20,	465
3317.01, 3317.011, 3317.013, 3317.02, 3317.021, 3317.022,	466
3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211, 3317.0216,	467
3317.03, 3317.031, 3317.04, 3317.061, 3317.063, 3317.08,	468
3317.081, 3317.082, 3317.12, 3317.16, 3317.18, 3317.20, 3317.201,	469
3318.011, 3318.051, 3318.061, 3318.36, 3318.38, 3318.44,	470
3319.073, 3319.08, 3319.081, 3319.088, 3319.11, 3319.151,	471
3319.16, 3319.161, 3319.22, 3319.221, 3319.233, 3319.234,	472
3319.235, 3319.24, 3319.25, 3319.26, 3319.28, 3319.291,	473
3319.303, 3319.36, 3319.391, 3319.41, 3319.51, 3319.56,	474
3319.57, 3319.60, 3319.61, 3319.63, 3321.01, 3321.05, 3323.05,	475
3323.091, 3323.14, 3323.142, 3324.05, 3325.08, 3326.02, 3326.03,	476
3326.04, 3326.05, 3326.06, 3326.07, 3326.08, 3326.11, 3326.14,	477
3326.20, 3326.23, 3326.33, 3326.36, 3326.37, 3326.51, 3327.02,	478
3327.04, 3327.05, 3327.10, 3329.16, 3333.04, 3333.122, 3333.123,	479
3333.16, 3333.28, 3333.35, 3333.38, 3333.42, 3333.61, 3333.62,	480
3333.66, 3334.03, 3334.07, 3334.08, 3334.11, 3334.12, 3343.04,	481
3345.011, 3345.062, 3345.12, 3345.32, 3345.61, 3345.62,	482
3345.63, 3345.64, 3345.65, 3345.66, 3349.242, 3351.07, 3354.26,	483
3365.01, 3365.04, 3365.041, 3365.07, 3365.08, 3365.09, 3365.10,	484
3501.17, 3503.18, 3503.21, 3701.045, 3701.07, 3701.242, 3701.247,	485
3701.344, 3701.78, 3702.30, 3702.51, 3702.52, 3702.524,	486
3702.525, 3702.53, 3702.532, 3702.54, 3702.544, 3702.55,	487
3702.57, 3702.59, 3702.60, 3702.61, 3702.74, 3702.87, 3702.89,	488
3702.90, 3702.91, 3702.92, 3702.93, 3702.94, 3703.01, 3703.03,	489
3703.04, 3703.05, 3703.06, 3703.07, 3703.08, 3703.10, 3703.21,	490
3703.99, 3704.03, 3704.14, 3704.144, 3705.03, 3705.24, 3706.04,	491
3706.25, 3707.26, 3709.09, 3712.01, 3712.03, 3713.01, 3713.02,	492
3713.03, 3713.04, 3713.05, 3713.06, 3713.07, 3713.08, 3713.09,	493
3713.10, 3714.03, 3714.07, 3715.87, 3715.871, 3715.873, 3717.07,	494
3717.23, 3717.25, 3717.43, 3717.45, 3718.03, 3718.06, 3721.01,	495
3721.02, 3721.071, 3721.23, 3721.50, 3721.51, 3721.53, 3721.55,	496
3721.56, 3722.01, 3722.011, 3722.02, 3722.021, 3722.04,	497
3722.041, 3722.05, 3722.06, 3722.08, 3722.09, 3722.10,	498
3722.13, 3722.14, 3722.15, 3722.16, 3722.17, 3722.18, 3722.99,	499
3727.02, 3729.07, 3733.02, 3733.04, 3733.25, 3733.43, 3734.05,	500
3734.28, 3734.281, 3734.53, 3734.57, 3734.573, 3734.82,	501
3734.901, 3734.9010, 3737.71, 3743.04, 3743.25, 3745.015,	502
3745.05, 3745.11, 3748.01, 3748.04, 3748.07, 3748.12, 3748.13,	503
3749.04, 3767.41, 3770.03, 3770.05, 3773.35, 3773.36, 3773.43,	504
3773.45, 3773.53, 3781.03, 3781.07, 3781.10, 3781.102, 3781.11,	505
3781.12, 3781.19, 3783.05, 3791.02, 3791.04, 3791.05, 3791.07,	506
3793.02, 3793.04, 3901.381, 3901.3812, 3923.021, 3923.022,	507
3923.11, 3923.122, 3923.24, 3923.58, 3923.581, 3923.66, 3923.67,	508
3923.68, 3923.75, 3923.76, 3923.77, 3924.06, 3929.43, 3937.41,	509
3951.01, 4104.01, 4104.02, 4104.06, 4104.07, 4104.08, 4104.09,	510
4104.10, 4104.101, 4104.12, 4104.15, 4104.16, 4104.17, 4104.18,	511
4104.19, 4104.21, 4104.33, 4104.42, 4104.43, 4104.44, 4104.48,	512
4105.01, 4105.02, 4105.03, 4105.04, 4105.05, 4105.06, 4105.09,	513
4105.11, 4105.12, 4105.13, 4105.15, 4105.16, 4105.17, 4105.191,	514
4105.20, 4105.21, 4112.01, 4112.04, 4112.05, 4112.051, 4117.01,	515
4117.02, 4117.07, 4117.12, 4117.24, 4123.27, 4141.01, 4141.08,	516
4141.162, 4141.31, 4169.02, 4169.03, 4169.04, 4171.04, 4301.333,	517
4301.334, 4301.351, 4301.354, 4301.355, 4301.356, 4301.361,	518
4301.364, 4301.365, 4301.366, 4301.43, 4303.181, 4303.182,	519
4303.331, 4501.06, 4501.24, 4501.271, 4503.068, 4503.10,	520
4503.103, 4503.182, 4503.19, 4503.191, 4503.235, 4503.40,	521
4503.42, 4503.44, 4505.01, 4505.06, 4505.062, 4505.09,	522
4505.111, 4505.181, 4505.20, 4507.02, 4507.03, 4507.23, 4507.24,	523
4507.45, 4509.101, 4510.11, 4510.12, 4510.16, 4510.22,	524
4511.191, 4511.69, 4513.021, 4513.03, 4513.04, 4513.05,	525
4513.06, 4513.07, 4513.071, 4513.09, 4513.11, 4513.111,	526
4513.12, 4513.13, 4513.14, 4513.15, 4513.16, 4513.17, 4513.171,	527
4513.18, 4513.19, 4513.21, 4513.22, 4513.23, 4513.24, 4513.242,	528
4513.28, 4513.60, 4513.65, 4513.99, 4517.01, 4517.02, 4517.03,	529
4517.30, 4517.33, 4517.43, 4519.02, 4519.03, 4519.04, 4519.44,	530
4519.59, 4549.10, 4549.12, 4582.07, 4582.08, 4582.32, 4582.33,	531
4709.12, 4713.32, 4713.63, 4713.64, 4717.31, 4729.42, 4729.99,	532
4731.10, 4731.26, 4731.38, 4731.65, 4731.71, 4733.10, 4734.25,	533
4735.06, 4735.09, 4735.12, 4735.13, 4735.15, 4736.01, 4740.03,	534
4740.11, 4740.14, 4741.41, 4741.44, 4741.45, 4741.46, 4751.07,	535
4755.06, 4755.12, 4757.10, 4757.31, 4757.36, 4763.01,	536
4763.03, 4763.04, 4763.05, 4763.06, 4763.07, 4763.09, 4763.11,	537
4763.13, 4763.14, 4763.17, 4765.11, 4765.17, 4765.23, 4765.30,	538
4766.09, 4767.05, 4767.07, 4767.08, 4776.02, 4781.01,	539
4781.02, 4781.04, 4781.05, 4781.06, 4781.07, 4905.801,	540
4928.01, 5101.11, 5101.16, 5101.162, 5101.181, 5101.24, 5101.26,	541
5101.31, 5101.33, 5101.34, 5101.36, 5101.47, 5101.50,	542
5101.5212, 5101.5213, 5101.54, 5101.541, 5101.544, 5101.571,	543
5101.573, 5101.58, 5101.60, 5101.61, 5101.84, 5103.02, 5103.03,	544
5104.04, 5104.041, 5104.051, 5104.30, 5104.32, 5104.341, 5104.35,	545
5104.39, 5104.42, 5107.05, 5107.16, 5107.17, 5107.78, 5108.04,	546
5108.07, 5111.01, 5111.028, 5111.032, 5111.033, 5111.034,	547
5111.06, 5111.084, 5111.16, 5111.176, 5111.20, 5111.21,	548
5111.211, 5111.231, 5111.232, 5111.24, 5111.243, 5111.25,	549
5111.261, 5111.65, 5111.651, 5111.68, 5111.681, 5111.685,	550
5111.686, 5111.688, 5111.705, 5111.85, 5111.851, 5111.874,	551
5111.875, 5111.89, 5111.891, 5111.894, 5111.971, 5112.03,	552
5112.08, 5112.17, 5112.30, 5112.31, 5112.37, 5112.39, 5115.20,	553
5115.22, 5115.23, 5119.16, 5119.61, 5120.032, 5120.033, 5120.09,	554
5122.31, 5123.049, 5123.0412, 5123.0413, 5123.0417, 5123.19,	555
5126.044, 5126.05, 5126.054, 5126.055, 5126.0512, 5126.19,	556
5126.24, 5139.43, 5153.163, 5501.04, 5502.01, 5502.12, 5502.14,	557
5502.15, 5505.15, 5701.11, 5703.21, 5703.37, 5703.80, 5705.01,	558
5705.211, 5705.214, 5705.25, 5705.29, 5705.341, 5705.37,	559
5709.62, 5709.63, 5709.632, 5711.33, 5715.02, 5715.251,	560
5715.26, 5717.03, 5717.04, 5721.01, 5721.32, 5721.33, 5722.02,	561
5722.04, 5722.21, 5723.04, 5725.18, 5725.98, 5727.81, 5727.811,	562
5727.84, 5728.12, 5729.03, 5729.98, 5733.01, 5733.04,	563
5733.47, 5733.98, 5735.142, 5739.01, 5739.02, 5739.03,	564
5739.033, 5739.09, 5739.131, 5743.15, 5743.61, 5747.01,	565
5747.13, 5747.16, 5747.18, 5747.76, 5747.98, 5748.02, 5748.03,	566
5749.02, 5749.12, 5751.01, 5751.011, 5751.012, 5751.013,	567
5751.02, 5751.03, 5751.04, 5751.05, 5751.051, 5751.06,	568
5751.08, 5751.09, 5751.20, 5751.21, 5751.22, 5751.23, 5911.10,	569
5913.051, 5913.09, 6103.01, 6103.02, 6109.21, 6111.04,	570
6111.044, 6111.44, 6117.01, 6117.02, 6119.011, and 6301.03 be	571
amended; sections 173.43 (173.422), 1517.14 (1547.81), 1517.16	572
(1547.82), 1517.17 (1547.83), 1517.18 (1547.84), 3313.174	573
(3313.82), 3319.233 (3333.049), 5101.5110 (5101.5111),	574
5111.019 (5111.0120), and 5111.688 (5111.689) be amended for	575
the purpose of adopting new section numbers as indicated in	576
parentheses; new sections 173.43, 3301.0712, 3319.222,	577
5101.5110, 5111.688, and 5112.371 and sections 5.2265, 9.317,	578
103.24, 107.19, 111.26, 111.27, 121.375, 122.042, 122.12,	579
122.121, 122.85, 124.393, 124.821, 124.822, 124.86, 125.181,	580
125.20, 126.10, 126.50, 126.501, 126.502, 126.503, 126.504,	581
126.505, 126.506, 126.507, 131.38, 133.022, 148.05, 150.051,	582
153.013, 166.22, 166.28, 173.28, 173.402, 173.403, 173.421,	583
173.423, 173.424, 173.425, 173.431, 173.432, 173.433, 173.434,	584
173.501, 173.70, 175.052, 175.30, 175.31, 175.32, 305.20, 319.24,	585
717.25, 901.041, 901.91, 927.54, 943.031, 1321.521, 1321.522,	586
1321.531, 1321.532, 1321.533, 1321.534, 1321.535, 1321.536,	587
1321.552, 1321.591, 1321.592, 1321.593, 1321.594, 1322.022,	588
1322.023, 1322.024, 1322.025, 1322.065, 1547.02, 1547.85,	589
1547.86, 1547.87, 1733.252, 2505.122, 3119.371, 3301.041,	590
3301.076, 3301.0719, 3301.0721, 3301.122, 3301.60, 3301.61,	591
3301.62, 3301.63, 3301.64, 3301.82, 3301.90, 3301.95, 3304.181,	592
3304.182, 3306.01, 3306.011, 3306.012, 3306.02, 3306.03, 3306.04,	593
3306.05, 3306.051, 3306.052, 3306.06, 3306.07, 3306.08, 3306.09,	594
3306.091, 3306.10, 3306.11, 3306.12, 3306.13, 3306.18, 3306.19,	595
3306.191, 3306.192, 3306.21, 3306.22, 3306.25, 3306.29, 3306.291,	596
3306.292, 3306.30, 3306.31, 3306.33, 3306.34, 3306.35, 3306.40,	597
3306.50, 3306.51, 3306.52, 3306.53, 3306.54, 3306.55, 3306.56,	598
3306.57, 3306.58, 3310.15, 3311.0510, 3313.6015, 3313.719,	599
3313.821, 3313.822, 3313.83, 3313.86, 3314.028, 3314.088, 3314.44,	600
3317.018, 3318.312, 3319.223, 3319.611, 3319.612, 3319.70,	601
3319.71, 3321.041, 3326.39, 3333.048, 3333.39, 3333.391,	602
3333.392, 3333.90, 3334.111, 3345.36, 3353.09, 3353.20, 3354.24,	603
3365.12, 3375.79, 3701.0211, 3701.136, 3701.611, 3702.592,	604
3702.593, 3702.594, 3705.031, 3709.092, 3715.041, 3721.511,	605
3721.512, 3721.513, 3722.022, 3734.282, 3770.21, 3793.21,	606
3903.77, 3923.241, 3923.582, 3923.90, 3923.91, 4113.11,	607
4123.446, 4301.85, 4501.243, 4501.29, 4503.548, 4503.563,	608
4582.71, 4755.061, 4781.16, 4781.17, 4781.18, 4781.19, 4781.20,	609
4781.21, 4781.22, 4781.23, 4781.24, 4781.25, 4781.99,	610
5101.073, 5101.504, 5101.5210, 5101.542, 5111.0121, 5111.0210,	611
5111.092, 5111.233, 5111.236, 5111.262, 5111.861, 5111.88,	612
5111.881, 5111.882, 5111.883, 5111.884, 5111.885, 5111.886,	613
5111.887, 5111.888, 5111.889, 5111.8810, 5111.8811, 5112.40,	614
5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.46, 5112.47,	615
5112.48, 5119.613, 5119.621, 5123.193, 5123.197, 5155.38,	616
5505.152, 5525.26, 5537.051, 5705.219, 5705.2110, 5705.2111,	617
5725.33, 5729.16, 5733.58, 5733.59, 5739.051, 5747.66,	618
5751.014, 5911.11, 5919.20, 5919.36, and 6119.091 of the Revised	619
Code be enacted; and Section 6 of H.B. 364 of the 124th General	620
Assembly be amended and Section 6 of H.B. 364 of the 124th General	621
Assembly be amended to codify as section 3314.027 of the Revised	622
Code to read as follows:	623

Sec. 5.2265. The month of August is designated as "Ohio	624
Military Family Month."	625

Sec. 7.12. Whenever any legal publication is required by law	626
to be made in a newspaper published in a municipal corporation,	627
county, or other political subdivision, the newspaper shall also	628
be a newspaper of general circulation in the municipal	629
corporation, county, or other political subdivision, without	630
further restriction or limitation upon a selection of the	631
newspaper to be used. If no newspaper is published in such	632
municipal corporation, county, or other political subdivision,	633
such legal publication shall be made in any newspaper of general	634
circulation therein. If there are less than two newspapers	635
published in any municipal corporation, county, or other political	636
subdivision in the manner defined by this section, then any legal	637
publication required by law to be made in a newspaper published in	638
a municipal corporation, county, or other political subdivision	639
may be made in any newspaper regularly issued at stated intervals	640
from a known office of publication located within the municipal	641
corporation, county, or other political subdivision. As used in	642
this section, a known office of publication is a public office	643
where the business of the newspaper is transacted during the usual	644
business hours, and such office shall be shown by the publication	645
itself.	646

In addition to all other requirements, a newspaper or	647
newspaper of general circulation, except those publications	648
performing the functions described in section 2701.09 of the	649
Revised Code for a period of one year immediately preceding any	650
such publication required to be made, shall be a publication	651
bearing a title or name, regularly issued as frequently as once a	652
week ~~for a definite price or consideration paid for by not less~~	653
~~than fifty per cent of those to whom distribution is made, having~~	654
~~a second class mailing privilege~~, being not less than four pages,	655
published continuously during the immediately preceding one-year	656
period, and circulated generally in the political subdivision in	657
which it is published. Such publication must be of a type to which	658
the general public resorts for passing events of a political,	659
religious, commercial, and social nature, current happenings,	660
announcements, miscellaneous reading matter, advertisements, and	661
other notices, that has at least twenty-five per cent editorial,	662
nonadvertising content, exclusive of inserts, measured relative to	663
total publication space, and an audited circulation to at least	664
fifty per cent of the households in the newspaper's retail trade	665
zone as defined by the audit.	666

Any notice required to be published in a newspaper of general	667
circulation may appear on an insert placed in such a newspaper. A	668
responsible party who is required to publish such a notice shall	669
consider various advertising media to determine which media might	670
reach the intended public most broadly. The responsible party need	671
publish the notice in only one qualified medium to meet the	672
requirements of law.	673

Sec. 9.06. (A)(1) The department of rehabilitation and	674
correction ~~shall~~may contract for the private operation and	675
management pursuant to this section of the initial intensive	676
program prison established pursuant to section 5120.033 of the	677
Revised Code, if one or more intensive program prisons are	678
established under that section, and may contract for the private	679
operation and management of any other facility under this section.	680
Counties and municipal corporations to the extent authorized in	681
sections 307.93, 341.35, 753.03, and 753.15 of the Revised Code,	682
may contract for the private operation and management of a	683
facility under this section. A contract entered into under this	684
section shall be for an initial term of not more than two years,	685
with an option to renew for additional periods of two years.	686

(2) The department of rehabilitation and correction, by rule,	687
shall adopt minimum criteria and specifications that a person or	688
entity, other than a person or entity that satisfies the criteria	689
set forth in division (A)(3)(a) of this section and subject to	690
division (I) of this section, must satisfy in order to apply to	691
operate and manage as a contractor pursuant to this section the	692
initial intensive program prison established pursuant to section	693
5120.033 of the Revised Code, if one or more intensive program	694
prisons are established under that section.	695

(3) Subject to division (I) of this section, any person or	696
entity that applies to operate and manage a facility as a	697
contractor pursuant to this section shall satisfy one or more of	698
the following criteria:	699

(a) The person or entity is accredited by the American	700
correctional association and, at the time of the application,	701
operates and manages one or more facilities accredited by the	702
American correctional association.	703

(b) The person or entity satisfies all of the minimum	704
criteria and specifications adopted by the department of	705
rehabilitation and correction pursuant to division (A)(2) of this	706
section, provided that this alternative shall be available only in	707
relation to the initial intensive program prison established	708
pursuant to section 5120.033 of the Revised Code, if one or more	709
intensive program prisons are established under that section.	710

(4) Subject to division (I) of this section, before a public	711
entity may enter into a contract under this section, the	712
contractor shall convincingly demonstrate to the public entity	713
that it can operate the facility with the inmate capacity required	714
by the public entity and provide the services required in this	715
section and realize at least a five per cent savings over the	716
projected cost to the public entity of providing these same	717
services to operate the facility that is the subject of the	718
contract. No out-of-state prisoners may be housed in any facility	719
that is the subject of a contract entered into under this section.	720

(B) Subject to division (I) of this section, any contract	721
entered into under this section shall include all of the	722
following:	723

(1) A requirement that the contractor retain the contractor's	724
accreditation from the American correctional association	725
throughout the contract term or, if the contractor applied	726
pursuant to division (A)(3)(b) of this section, continue complying	727
with the applicable criteria and specifications adopted by the	728
department of rehabilitation and correction pursuant to division	729
(A)(2) of this section;	730

(2) A requirement that all of the following conditions be	731
met:	732

(a) The contractor begins the process of accrediting the	733
facility with the American correctional association no later than	734
sixty days after the facility receives its first inmate.	735

(b) The contractor receives accreditation of the facility	736
within twelve months after the date the contractor applies to the	737
American correctional association for accreditation.	738

(c) Once the accreditation is received, the contractor	739
maintains it for the duration of the contract term.	740

(d) If the contractor does not comply with divisions	741
(B)(2)(a) to (c) of this section, the contractor is in violation	742
of the contract, and the public entity may revoke the contract at	743
its discretion.	744

(3) A requirement that the contractor comply with all rules	745
promulgated by the department of rehabilitation and correction	746
that apply to the operation and management of correctional	747
facilities, including the minimum standards for jails in Ohio and	748
policies regarding the use of force and the use of deadly force,	749
although the public entity may require more stringent standards,	750
and comply with any applicable laws, rules, or regulations of the	751
federal, state, and local governments, including, but not limited	752
to, sanitation, food service, safety, and health regulations. The	753
contractor shall be required to send copies of reports of	754
inspections completed by the appropriate authorities regarding	755
compliance with rules and regulations to the director of	756
rehabilitation and correction or the director's designee and, if	757
contracting with a local public entity, to the governing authority	758
of that entity.	759

(4) A requirement that the contractor report for	760
investigation all crimes in connection with the facility to the	761
public entity, to all local law enforcement agencies with	762
jurisdiction over the place at which the facility is located, and,	763
for a crime committed at a state correctional institution, to the	764
state highway patrol;	765

(5) A requirement that the contractor immediately report all	766
escapes from the facility, and the apprehension of all escapees,	767
by telephone and in writing to all local law enforcement agencies	768
with jurisdiction over the place at which the facility is located,	769
to the prosecuting attorney of the county in which the facility is	770
located, to the state highway patrol, to a daily newspaper having	771
general circulation in the county in which the facility is	772
located, and, if the facility is a state correctional institution,	773
to the department of rehabilitation and correction. The written	774
notice may be by either facsimile transmission or mail. A failure	775
to comply with this requirement regarding an escape is a violation	776
of section 2921.22 of the Revised Code.	777

(6) A requirement that, if the facility is a state	778
correctional institution, the contractor provide a written report	779
within specified time limits to the director of rehabilitation and	780
correction or the director's designee of all unusual incidents at	781
the facility as defined in rules promulgated by the department of	782
rehabilitation and correction or, if the facility is a local	783
correctional institution, that the contractor provide a written	784
report of all unusual incidents at the facility to the governing	785
authority of the local public entity;	786

(7) A requirement that the contractor maintain proper control	787
of inmates' personal funds pursuant to rules promulgated by the	788
department of rehabilitation and correction, for state	789
correctional institutions, or pursuant to the minimum standards	790
for jails along with any additional standards established by the	791
local public entity, for local correctional institutions, and that	792
records pertaining to these funds be made available to	793
representatives of the public entity for review or audit;	794

(8) A requirement that the contractor prepare and distribute	795
to the director of rehabilitation and correction or, if	796
contracting with a local public entity, to the governing authority	797
of the local entity, annual budget income and expenditure	798
statements and funding source financial reports;	799

(9) A requirement that the public entity appoint and	800
supervise a full-time contract monitor, that the contractor	801
provide suitable office space for the contract monitor at the	802
facility, and that the contractor allow the contract monitor	803
unrestricted access to all parts of the facility and all records	804
of the facility except the contractor's financial records;	805

(10) A requirement that if the facility is a state	806
correctional institution, designated department of rehabilitation	807
and correction staff members be allowed access to the facility in	808
accordance with rules promulgated by the department;	809

(11) A requirement that the contractor provide internal and	810
perimeter security as agreed upon in the contract;	811

(12) If the facility is a state correctional institution, a	812
requirement that the contractor impose discipline on inmates	813
housed in a state correctional institution, only in accordance	814
with rules promulgated by the department of rehabilitation and	815
correction;	816

(13) A requirement that the facility be staffed at all times	817
with a staffing pattern approved by the public entity and adequate	818
both to ensure supervision of inmates and maintenance of security	819
within the facility, and to provide for programs, transportation,	820
security, and other operational needs. In determining security	821
needs, the contractor shall be required to consider, among other	822
things, the proximity of the facility to neighborhoods and	823
schools.	824

(14) If the contract is with a local public entity, a	825
requirement that the contractor provide services and programs,	826
consistent with the minimum standards for jails promulgated by the	827
department of rehabilitation and correction under section 5120.10	828
of the Revised Code;	829

(15) A clear statement that no immunity from liability	830
granted to the state, and no immunity from liability granted to	831
political subdivisions under Chapter 2744. of the Revised Code,	832
shall extend to the contractor or any of the contractor's	833
employees;	834

(16) A statement that all documents and records relevant to	835
the facility shall be maintained in the same manner required for,	836
and subject to the same laws, rules, and regulations as apply to,	837
the records of the public entity;	838

(17) Authorization for the public entity to impose a fine on	839
the contractor from a schedule of fines included in the contract	840
for the contractor's failure to perform its contractual duties, or	841
to cancel the contract, as the public entity considers	842
appropriate. If a fine is imposed, the public entity may reduce	843
the payment owed to the contractor pursuant to any invoice in the	844
amount of the imposed fine.	845

(18) A statement that all services provided or goods produced	846
at the facility shall be subject to the same regulations, and the	847
same distribution limitations, as apply to goods and services	848
produced at other correctional institutions;	849

(19) Authorization for the department to establish one or	850
more prison industries at a facility operated and managed by a	851
contractor for the department;	852

(20) A requirement that, if the facility is an intensive	853
program prison established pursuant to section 5120.033 of the	854
Revised Code, the facility shall comply with all criteria for	855
intensive program prisons of that type that are set forth in that	856
section;	857

(21) If the institution is a state correctional institution,	858
a requirement that the contractor provide clothing for all inmates	859
housed in the facility that is conspicuous in its color, style, or	860
color and style, that conspicuously identifies its wearer as an	861
inmate, and that is readily distinguishable from clothing of a	862
nature that normally is worn outside the facility by non-inmates,	863
that the contractor require all inmates housed in the facility to	864
wear the clothing so provided, and that the contractor not permit	865
any inmate, while inside or on the premises of the facility or	866
while being transported to or from the facility, to wear any	867
clothing of a nature that does not conspicuously identify its	868
wearer as an inmate and that normally is worn outside the facility	869
by non-inmates.	870

(C) No contract entered into under this section may require,	871
authorize, or imply a delegation of the authority or	872
responsibility of the public entity to a contractor for any of the	873
following:	874

(1) Developing or implementing procedures for calculating	875
inmate release and parole eligibility dates and recommending the	876
granting or denying of parole, although the contractor may submit	877
written reports that have been prepared in the ordinary course of	878
business;	879

(2) Developing or implementing procedures for calculating and	880
awarding earned credits, approving the type of work inmates may	881
perform and the wage or earned credits, if any, that may be	882
awarded to inmates engaging in that work, and granting, denying,	883
or revoking earned credits;	884

(3) For inmates serving a term imposed for a felony offense	885
committed prior to July 1, 1996, or for a misdemeanor offense,	886
developing or implementing procedures for calculating and awarding	887
good time, approving the good time, if any, that may be awarded to	888
inmates engaging in work, and granting, denying, or revoking good	889
time;	890

(4) For inmates serving a term imposed for a felony offense	891
committed on or after July 1, 1996, extending an inmate's term	892
pursuant to the provisions of law governing bad time;	893

(5) Classifying an inmate or placing an inmate in a more or a	894
less restrictive custody than the custody ordered by the public	895
entity;	896

(6) Approving inmates for work release;

897

(7) Contracting for local or long distance telephone services	898
for inmates or receiving commissions from those services at a	899
facility that is owned by or operated under a contract with the	900
department.	901

(D) A contractor that has been approved to operate a facility	902
under this section, and a person or entity that enters into a	903
contract for specialized services, as described in division (I) of	904
this section, relative to an intensive program prison established	905
pursuant to section 5120.033 of the Revised Code to be operated by	906
a contractor that has been approved to operate the prison under	907
this section, shall provide an adequate policy of insurance	908
specifically including, but not limited to, insurance for civil	909
rights claims as determined by a risk management or actuarial firm	910
with demonstrated experience in public liability for state	911
governments. The insurance policy shall provide that the state,	912
including all state agencies, and all political subdivisions of	913
the state with jurisdiction over the facility or in which a	914
facility is located are named as insured, and that the state and	915
its political subdivisions shall be sent any notice of	916
cancellation. The contractor may not self-insure.	917

A contractor that has been approved to operate a facility	918
under this section, and a person or entity that enters into a	919
contract for specialized services, as described in division (I) of	920
this section, relative to an intensive program prison established	921
pursuant to section 5120.033 of the Revised Code to be operated by	922
a contractor that has been approved to operate the prison under	923
this section, shall indemnify and hold harmless the state, its	924
officers, agents, and employees, and any local government entity	925
in the state having jurisdiction over the facility or ownership of	926
the facility, shall reimburse the state for its costs in defending	927
the state or any of its officers, agents, or employees, and shall	928
reimburse any local government entity of that nature for its costs	929
in defending the local government entity, from all of the	930
following:	931

(1) Any claims or losses for services rendered by the	932
contractor, person, or entity performing or supplying services in	933
connection with the performance of the contract;	934

(2) Any failure of the contractor, person, or entity or its	935
officers or employees to adhere to the laws, rules, regulations,	936
or terms agreed to in the contract;	937

(3) Any constitutional, federal, state, or civil rights claim	938
brought against the state related to the facility operated and	939
managed by the contractor;	940

(4) Any claims, losses, demands, or causes of action arising	941
out of the contractor's, person's, or entity's activities in this	942
state;	943

(5) Any attorney's fees or court costs arising from any	944
habeas corpus actions or other inmate suits that may arise from	945
any event that occurred at the facility or was a result of such an	946
event, or arise over the conditions, management, or operation of	947
the facility, which fees and costs shall include, but not be	948
limited to, attorney's fees for the state's representation and for	949
any court-appointed representation of any inmate, and the costs of	950
any special judge who may be appointed to hear those actions or	951
suits.	952

(E) Private correctional officers of a contractor operating	953
and managing a facility pursuant to a contract entered into under	954
this section may carry and use firearms in the course of their	955
employment only after being certified as satisfactorily completing	956
an approved training program as described in division (A) of	957
section 109.78 of the Revised Code.	958

(F) Upon notification by the contractor of an escape from, or	959
of a disturbance at, the facility that is the subject of a	960
contract entered into under this section, the department of	961
rehabilitation and correction and state and local law enforcement	962
agencies shall use all reasonable means to recapture escapees or	963
quell any disturbance. Any cost incurred by the state or its	964
political subdivisions relating to the apprehension of an escapee	965
or the quelling of a disturbance at the facility shall be	966
chargeable to and borne by the contractor. The contractor shall	967
also reimburse the state or its political subdivisions for all	968
reasonable costs incurred relating to the temporary detention of	969
the escapee following recapture.	970

(G) Any offense that would be a crime if committed at a state	971
correctional institution or jail, workhouse, prison, or other	972
correctional facility shall be a crime if committed by or with	973
regard to inmates at facilities operated pursuant to a contract	974
entered into under this section.	975

(H) A contractor operating and managing a facility pursuant	976
to a contract entered into under this section shall pay any inmate	977
workers at the facility at the rate approved by the public entity.	978
Inmates working at the facility shall not be considered employees	979
of the contractor.	980

(I) In contracting for the private operation and management	981
pursuant to division (A) of this section of ~~the initial~~any	982
intensive program prison established pursuant to section 5120.033	983
of the Revised Code ~~or of any other intensive program prison~~	984
~~established pursuant to that section~~, the department of	985
rehabilitation and correction may enter into a contract with a	986
contractor for the general operation and management of the prison	987
and may enter into one or more separate contracts with other	988
persons or entities for the provision of specialized services for	989
persons confined in the prison, including, but not limited to,	990
security or training services or medical, counseling, educational,	991
or similar treatment programs. If, pursuant to this division, the	992
department enters into a contract with a contractor for the	993
general operation and management of the prison and also enters	994
into one or more specialized service contracts with other persons	995
or entities, all of the following apply:	996

(1) The contract for the general operation and management	997
shall comply with all requirements and criteria set forth in this	998
section, and all provisions of this section apply in relation to	999
the prison operated and managed pursuant to the contract.	1000

(2) Divisions (A)(2), (B), and (C) of this section do not	1001
apply in relation to any specialized services contract, except to	1002
the extent that the provisions of those divisions clearly are	1003
relevant to the specialized services to be provided under the	1004
specialized services contract. Division (D) of this section	1005
applies in relation to each specialized services contract.	1006

(J) As used in this section:

1007

(1) "Public entity" means the department of rehabilitation	1008
and correction, or a county or municipal corporation or a	1009
combination of counties and municipal corporations, that has	1010
jurisdiction over a facility that is the subject of a contract	1011
entered into under this section.	1012

(2) "Local public entity" means a county or municipal	1013
corporation, or a combination of counties and municipal	1014
corporations, that has jurisdiction over a jail, workhouse, or	1015
other correctional facility used only for misdemeanants that is	1016
the subject of a contract entered into under this section.	1017

(3) "Governing authority of a local public entity" means, for	1018
a county, the board of county commissioners; for a municipal	1019
corporation, the legislative authority; for a combination of	1020
counties and municipal ~~corporation~~corporations, all the boards of	1021
county commissioners and municipal legislative authorities that	1022
joined to create the facility.	1023

(4) "Contractor" means a person or entity that enters into a	1024
contract under this section to operate and manage a jail,	1025
workhouse, or other correctional facility.	1026

(5) "Facility" means the specific county, multicounty,	1027
municipal, municipal-county, or multicounty-municipal jail,	1028
workhouse, prison, or other type of correctional institution or	1029
facility used only for misdemeanants, or a state correctional	1030
institution, that is the subject of a contract entered into under	1031
this section.	1032

(6) "Person or entity" in the case of a contract for the	1033
private operation and management of a state correctional	1034
institution, includes an employee organization, as defined in	1035
section 4117.01 of the Revised Code, that represents employees at	1036
state correctional institutions.	1037

Sec. 9.24. (A) Except as may be allowed under division (F)	1038
of this section, no state agency and no political subdivision	1039
shall award a contract as described in division (G)(1) of this	1040
section for goods, services, or construction, paid for in whole	1041
or in part with state funds, to a person against whom a finding	1042
for recovery has been issued by the auditor of state on and after	1043
January 1, 2001, if the finding for recovery is unresolved.	1044

A contract is considered to be awarded when it is entered	1045
into or executed, irrespective of whether the parties to the	1046
contract have exchanged any money.	1047

(B) For purposes of this section, a finding for recovery is	1048
unresolved unless one of the following criteria applies:	1049

(1) The money identified in the finding for recovery is paid	1050
in full to the state agency or political subdivision to whom the	1051
money was owed;	1052

(2) The debtor has entered into a repayment plan that is	1053
approved by the attorney general and the state agency or political	1054
subdivision to whom the money identified in the finding for	1055
recovery is owed. A repayment plan may include a provision	1056
permitting a state agency or political subdivision to withhold	1057
payment to a debtor for goods, services, or construction provided	1058
to or for the state agency or political subdivision pursuant to a	1059
contract that is entered into with the debtor after the date the	1060
finding for recovery was issued.	1061

(3) The attorney general waives a repayment plan described in	1062
division (B)(2) of this section for good cause;	1063

(4) The debtor and state agency or political subdivision to	1064
whom the money identified in the finding for recovery is owed have	1065
agreed to a payment plan established through an enforceable	1066
settlement agreement.	1067

(5) The state agency or political subdivision desiring to	1068
enter into a contract with a debtor certifies, and the attorney	1069
general concurs, that all of the following are true:	1070

(a) Essential services the state agency or political	1071
subdivision is seeking to obtain from the debtor cannot be	1072
provided by any other person besides the debtor;	1073

(b) Awarding a contract to the debtor for the essential	1074
services described in division (B)(5)(a) of this section is in the	1075
best interest of the state;	1076

(c) Good faith efforts have been made to collect the money	1077
identified in the finding of recovery.	1078

(6) The debtor has commenced an action to contest the finding	1079
for recovery and a final determination on the action has not yet	1080
been reached.	1081

(C) The attorney general shall submit an initial report to	1082
the auditor of state, not later than December 1, 2003, indicating	1083
the status of collection for all findings for recovery issued by	1084
the auditor of state for calendar years 2001, 2002, and 2003.	1085
Beginning on January 1, 2004, the attorney general shall submit to	1086
the auditor of state, on the first day of every January, April,	1087
July, and October, a list of all findings for recovery that have	1088
been resolved in accordance with division (B) of this section	1089
during the calendar quarter preceding the submission of the list	1090
and a description of the means of resolution. The attorney general	1091
shall notify the auditor of state when a judgment is issued	1092
against an entity described in division (F)(1) of this section.	1093

(D) The auditor of state shall maintain a database,	1094
accessible to the public, listing persons against whom an	1095
unresolved finding for recovery has been issued, and the amount of	1096
the money identified in the unresolved finding for recovery. The	1097
auditor of state shall have this database operational on or before	1098
January 1, 2004. The initial database shall contain the	1099
information required under this division for calendar years 2001,	1100
2002, and 2003.	1101

Beginning January 15, 2004, the auditor of state shall update	1102
the database by the fifteenth day of every January, April, July,	1103
and October to reflect resolved findings for recovery that are	1104
reported to the auditor of state by the attorney general on the	1105
first day of the same month pursuant to division (C) of this	1106
section.	1107

(E) Before awarding a contract as described in division	1108
(G)(1) of this section for goods, services, or construction, paid	1109
for in whole or in part with state funds, a state agency or	1110
political subdivision shall verify that the person to whom the	1111
state agency or political subdivision plans to award the contract	1112
has no unresolved finding for recovery issued against the person.	1113
A state agency or political subdivision shall verify that the	1114
person does not appear in the database described in division (D)	1115
of this section or shall obtain other proof that the person has no	1116
unresolved finding for recovery issued against the person.	1117

(F) The prohibition of division (A) of this section and the	1118
requirement of division (E) of this section do not apply with	1119
respect to the companies, payments, or agreements described in	1120
divisions (F)(1) and (2) of this section, or in the circumstance	1121
described in division (F)(3) of this section.	1122

(1) A bonding company or a company authorized to transact the	1123
business of insurance in this state, a self-insurance pool, joint	1124
self-insurance pool, risk management program, or joint risk	1125
management program, unless a court has entered a final judgment	1126
against the company and the company has not yet satisfied the	1127
final judgment.	1128

(2) To medicaid provider agreements under Chapter 5111. of	1129
the Revised Code~~, payments or provider agreements under~~	1130
~~disability assistance medical assistance established under Chapter~~	1131
~~5115. of the Revised Code,~~ or payments or provider agreements	1132
under the children's buy-in program established under sections	1133
5101.5211 to 5101.5216 of the Revised Code.	1134

(3) When federal law dictates that a specified entity provide	1135
the goods, services, or construction for which a contract is being	1136
awarded, regardless of whether that entity would otherwise be	1137
prohibited from entering into the contract pursuant to this	1138
section.	1139

(G)(1) This section applies only to contracts for goods,	1140
services, or construction that satisfy the criteria in either	1141
division (G)(1)(a) or (b) of this section. This section may apply	1142
to contracts for goods, services, or construction that satisfy the	1143
criteria in division (G)(1)(c) of this section, provided that the	1144
contracts also satisfy the criteria in either division (G)(1)(a)	1145
or (b) of this section.	1146

(a) The cost for the goods, services, or construction	1147
provided under the contract is estimated to exceed twenty-five	1148
thousand dollars.	1149

(b) The aggregate cost for the goods, services, or	1150
construction provided under multiple contracts entered into by the	1151
particular state agency and a single person or the particular	1152
political subdivision and a single person within the fiscal year	1153
preceding the fiscal year within which a contract is being entered	1154
into by that same state agency and the same single person or the	1155
same political subdivision and the same single person, exceeded	1156
fifty thousand dollars.	1157

(c) The contract is a renewal of a contract previously	1158
entered into and renewed pursuant to that preceding contract.	1159

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

1160

(H) As used in this section:

1161

(1) "State agency" has the same meaning as in section 9.66 of	1162
the Revised Code.	1163

(2) "Political subdivision" means a political subdivision as	1164
defined in section 9.82 of the Revised Code that has received more	1165
than fifty thousand dollars of state money in the current fiscal	1166
year or the preceding fiscal year.	1167

(3) "Finding for recovery" means a determination issued by	1168
the auditor of state, contained in a report the auditor of state	1169
gives to the attorney general pursuant to section 117.28 of the	1170
Revised Code, that public money has been illegally expended,	1171
public money has been collected but not been accounted for, public	1172
money is due but has not been collected, or public property has	1173
been converted or misappropriated.	1174

(4) "Debtor" means a person against whom a finding for	1175
recovery has been issued.	1176

(5) "Person" means the person named in the finding for	1177
recovery.	1178

(6) "State money" does not include funds the state receives	1179
from another source and passes through to a political	1180
subdivision.	1181

Sec. 9.314. (A) As used in this section:

1182

(1) "Contracting authority" has the same meaning as in	1183
section 307.92 of the Revised Code.	1184

(2) "Political subdivision" means a municipal corporation,	1185
township, county, school district, or other body corporate and	1186
politic responsible for governmental activities only in geographic	1187
areas smaller than that of the state and also includes a	1188
contracting authority.	1189

(3) "Reverse auction" means a purchasing process in which	1190
offerors submit proposals in competing to sell services or	1191
supplies in an open environment via the internet.	1192

(4) "Services" means the furnishing of labor, time, or effort	1193
by a person, not involving the delivery of a specific end product	1194
other than a report which, if provided, is merely incidental to	1195
the required performance. "Services" does not include services	1196
furnished pursuant to employment agreements or collective	1197
bargaining agreements.	1198

(5) "Supplies" means all property, including, but not limited	1199
to, equipment, materials, other tangible assets, and insurance,	1200
but excluding real property or interests in real property.	1201

(B)(1) Whenever any political subdivision determines that the	1202
use of a reverse auction is advantageous to the political	1203
subdivision, the political subdivision, in accordance with this	1204
section and rules the political subdivision shall adopt, may	1205
purchase services or supplies by reverse auction.	1206

(2) A political subdivision shall not purchase supplies or	1207
services by reverse auction if the contract concerns the design,	1208
construction, alteration, repair, reconstruction, or demolition of	1209
a building, highway, road, street, alley, drainage system, water	1210
system, waterworks, ditch, sewer, sewage disposal plant, or any	1211
other structure or works of any kind.	1212

(C) A political subdivision shall solicit proposals through a	1213
request for proposals. The request for proposals shall state the	1214
relative importance of price and other evaluation factors. The	1215
political subdivision shall give notice of the request for	1216
proposals in accordance with the rules it adopts.	1217

(D) As provided in the request for proposals and in the rules	1218
a political subdivision adopts, and to ensure full understanding	1219
of and responsiveness to solicitation requirements, the political	1220
subdivision may conduct discussions with responsible offerors who	1221
submit proposals determined to be reasonably susceptible of being	1222
selected for award. The political subdivision shall accord	1223
offerors fair and equal treatment with respect to any opportunity	1224
for discussion regarding any clarification, correction, or	1225
revision of their proposals.	1226

(E) A political subdivision may award a contract to the	1227
offeror whose proposal the political subdivision determines to be	1228
the most advantageous to the political subdivision, taking into	1229
consideration factors such as price and the evaluation criteria	1230
set forth in the request for proposals. The contract file shall	1231
contain the basis on which the award is made.	1232

(F) The rules that a political subdivision adopts under this	1233
section may require the provision of a performance bond, or	1234
another similar form of financial security, in the amount and in	1235
the form specified in the rules.	1236

(G) If a political subdivision is required by law to purchase	1237
services or supplies by competitive sealed bidding or competitive	1238
sealed proposals, a purchase made by reverse auction satisfies	1239
that requirement.	1240

Sec. 9.317. As used in this section, "reverse auction" has	1241
the meaning defined in section 9.314 of the Revised Code, and	1242
"state agency" has the meaning defined in section 9.23 of the	1243
Revised Code.	1244

A state agency shall not purchase supplies or services by	1245
reverse auction if the contract concerns the design, construction,	1246
alteration, repair, reconstruction, or demolition of a building,	1247
highway, road, street, alley, drainage system, water system,	1248
waterworks, ditch, sewer, sewage disposal plant, or any other	1249
structure or works of any kind.	1250

Sec. 101.34. (A) There is hereby created a joint legislative	1251
ethics committee to serve the general assembly. The committee	1252
shall be composed of twelve members, six each from the two major	1253
political parties, and each member shall serve on the committee	1254
during the member's term as a member of that general assembly. Six	1255
members of the committee shall be members of the house of	1256
representatives appointed by the speaker of the house of	1257
representatives, not more than three from the same political	1258
party, and six members of the committee shall be members of the	1259
senate appointed by the president of the senate, not more than	1260
three from the same political party. A vacancy in the committee	1261
shall be filled for the unexpired term in the same manner as an	1262
original appointment. The members of the committee shall be	1263
appointed within fifteen days after the first day of the first	1264
regular session of each general assembly and the committee shall	1265
meet and proceed to recommend an ethics code not later than thirty	1266
days after the first day of the first regular session of each	1267
general assembly.	1268

In the first regular session of each general assembly, the	1269
speaker of the house of representatives shall appoint the	1270
chairperson of the committee from among the house members of the	1271
committee, and the president of the senate shall appoint the	1272
vice-chairperson of the committee from among the senate members of	1273
the committee. In the second regular session of each general	1274
assembly, the president of the senate shall appoint the	1275
chairperson of the committee from among the senate members of the	1276
committee, and the speaker of the house of representatives shall	1277
appoint the vice-chairperson of the committee from among the house	1278
members of the committee. The chairperson, vice-chairperson, and	1279
members of the committee shall serve until their respective	1280
successors are appointed or until they are no longer members of	1281
the general assembly.	1282

The committee shall meet at the call of the chairperson or	1283
upon the written request of seven members of the committee.	1284

(B) The joint legislative ethics committee:

1285

(1) Shall recommend a code of ethics that is consistent with	1286
law to govern all members and employees of each house of the	1287
general assembly and all candidates for the office of member of	1288
each house;	1289

(2) May receive and hear any complaint that alleges a breach	1290
of any privilege of either house, or misconduct of any member,	1291
employee, or candidate, or any violation of the appropriate code	1292
of ethics;	1293

(3) May obtain information with respect to any complaint	1294
filed pursuant to this section and to that end may enforce the	1295
attendance and testimony of witnesses, and the production of books	1296
and papers;	1297

(4) May recommend whatever sanction is appropriate with	1298
respect to a particular member, employee, or candidate as will	1299
best maintain in the minds of the public a good opinion of the	1300
conduct and character of members and employees of the general	1301
assembly;	1302

(5) May recommend legislation to the general assembly	1303
relating to the conduct and ethics of members and employees of and	1304
candidates for the general assembly;	1305

(6) Shall employ an executive director for the committee and	1306
may employ other staff as the committee determines necessary to	1307
assist it in exercising its powers and duties. The executive	1308
director and staff of the committee shall be known as the office	1309
of legislative inspector general. At least one member of the staff	1310
of the committee shall be an attorney at law licensed to practice	1311
law in this state. The appointment and removal of the executive	1312
director shall require the approval of at least eight members of	1313
the committee.	1314

(7) May employ a special counsel to assist the committee in	1315
exercising its powers and duties. The appointment and removal of a	1316
special counsel shall require the approval of at least eight	1317
members of the committee.	1318

(8) Shall act as an advisory body to the general assembly and	1319
to individual members, candidates, and employees on questions	1320
relating to ethics, possible conflicts of interest, and financial	1321
disclosure;	1322

(9) Shall provide for the proper forms on which a statement	1323
required pursuant to section 102.02 or 102.021 of the Revised Code	1324
shall be filed and instructions as to the filing of the statement;	1325

(10) Exercise the powers and duties prescribed under sections	1326
101.70 to 101.79, sections 101.90 to 101.98, Chapter 102., and	1327
sections 121.60 to 121.69 of the Revised Code;	1328

(11) Adopt, in accordance with section 111.15 of the Revised	1329
Code, any rules that are necessary to implement and clarify	1330
Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code.	1331

(C) There is hereby created in the state treasury the joint	1332
legislative ethics committee fund. All money collected from	1333
registration fees and late filing fees prescribed under sections	1334
101.72, 101.92, and 121.62 of the Revised Code shall be deposited	1335
into the state treasury to the credit of the fund. Money credited	1336
to the fund and any interest and earnings from the fund shall be	1337
used solely for the operation of the joint legislative ethics	1338
committee and the office of legislative inspector general and for	1339
the purchase of data storage and computerization facilities for	1340
the statements filed with the committee under sections 101.73,	1341
101.74, 101.93, 101.94, 121.63, and 121.64 of the Revised Code.	1342

(D) The chairperson of the joint legislative ethics committee	1343
shall issue a written report, not later than the thirty-first day	1344
of January of each year, to the speaker and minority leader of the	1345
house of representatives and to the president and minority leader	1346
of the senate that lists the number of committee meetings and	1347
investigations the committee conducted during the immediately	1348
preceding calendar year and the number of advisory opinions it	1349
issued during the immediately preceding calendar year.	1350

(E) Any investigative report that contains facts and findings	1351
regarding a complaint filed with the joint legislative ethics	1352
committee and that is prepared by the staff of the committee or a	1353
special counsel to the committee shall become a public record upon	1354
its acceptance by a vote of the majority of the members of the	1355
committee, except for any names of specific individuals and	1356
entities contained in the report. If the committee recommends	1357
disciplinary action or reports its findings to the appropriate	1358
prosecuting authority for proceedings in prosecution of the	1359
violations alleged in the complaint, the investigatory report	1360
regarding the complaint shall become a public record in its	1361
entirety.	1362

(F)(1) Any file obtained by or in the possession of the	1363
former house ethics committee or former senate ethics committee	1364
shall become the property of the joint legislative ethics	1365
committee. Any such file is confidential if either of the	1366
following applies:	1367

(a) It is confidential under section 102.06 of the Revised	1368
Code or the legislative code of ethics.	1369

(b) If the file was obtained from the former house ethics	1370
committee or from the former senate ethics committee, it was	1371
confidential under any statute or any provision of a code of	1372
ethics that governed the file.	1373

(2) As used in this division, "file" includes, but is not	1374
limited to, evidence, documentation, or any other tangible thing.	1375

(G) There is hereby created in the state treasury the joint	1376
legislative ethics committee investigative fund. Investment	1377
earnings of the fund shall be credited to the fund. Money in the	1378
fund shall be used solely for the operations of the committee in	1379
conducting investigations.	1380

Sec. 101.72. (A) Each legislative agent and employer, within	1381
ten days following an engagement of a legislative agent, shall	1382
file with the joint legislative ethics committee an initial	1383
registration statement showing all of the following:	1384

(1) The name, business address, and occupation of the	1385
legislative agent;	1386

(2) The name and business address of the employer and the	1387
real party in interest on whose behalf the legislative agent is	1388
actively advocating, if it is different from the employer. For the	1389
purposes of division (A) of this section, where a trade	1390
association or other charitable or fraternal organization that is	1391
exempt from federal income taxation under subsection 501(c) of the	1392
federal Internal Revenue Code is the employer, the statement need	1393
not list the names and addresses of each member of the association	1394
or organization, so long as the association or organization itself	1395
is listed.	1396

(3) A brief description of the type of legislation to which	1397
the engagement relates.	1398

(B) In addition to the initial registration statement	1399
required by division (A) of this section, each legislative agent	1400
and employer shall file with the joint committee, not later than	1401
the last day of January, May, and September of each year, an	1402
updated registration statement that confirms the continuing	1403
existence of each engagement described in an initial registration	1404
statement and that lists the specific bills or resolutions on	1405
which the agent actively advocated under that engagement during	1406
the period covered by the updated statement, and with it any	1407
statement of expenditures required to be filed by section 101.73	1408
of the Revised Code and any details of financial transactions	1409
required to be filed by section 101.74 of the Revised Code.	1410

(C) If a legislative agent is engaged by more than one	1411
employer, the agent shall file a separate initial and updated	1412
registration statement for each engagement. If an employer engages	1413
more than one legislative agent, the employer need file only one	1414
updated registration statement under division (B) of this section,	1415
which shall contain the information required by division (B) of	1416
this section regarding all of the legislative agents engaged by	1417
the employer.	1418

(D)(1) A change in any information required by division	1419
(A)(1), (2), or (B) of this section shall be reflected in the next	1420
updated registration statement filed under division (B) of this	1421
section.	1422

(2) Within thirty days after the termination of an	1423
engagement, the legislative agent who was employed under the	1424
engagement shall send written notification of the termination to	1425
the joint committee.	1426

(E) ~~Except as otherwise provided in this division, a~~A	1427
registration fee of twenty-five dollars shall be charged for	1428
filing an initial registration statement. The state agency of an	1429
officer or employee who actively advocates in a fiduciary capacity	1430
as a representative of that state agency shall pay the	1431
registration fee required under this division. All money	1432
collected from registration fees under this division and late	1433
filing fees under division (G) of this section shall be deposited	1434
into the state treasury to the credit of the joint legislative	1435
ethics committee fund created under section 101.34 of the Revised	1436
Code.	1437

An officer or employee of a state agency who actively	1438
advocates in a fiduciary capacity as a representative of that	1439
state agency need not ~~pay the registration fee prescribed by this~~	1440
~~division or~~ file expenditure statements under section 101.73 of	1441
the Revised Code. As used in this division, "state agency" does	1442
not include a state institution of higher education as defined in	1443
section 3345.011 of the Revised Code.	1444

(F) Upon registration pursuant to division (A) of this	1445
section, the legislative agent shall be issued a card by the joint	1446
committee showing that the legislative agent is registered. The	1447
registration card and the legislative agent's registration shall	1448
be valid from the date of their issuance until the next	1449
thirty-first day of December of an even-numbered year.	1450

(G) The executive director of the joint committee shall be	1451
responsible for reviewing each registration statement filed with	1452
the joint committee under this section and for determining whether	1453
the statement contains all of the information required by this	1454
section. If the joint committee determines that the registration	1455
statement does not contain all of the required information or that	1456
a legislative agent or employer has failed to file a registration	1457
statement, the joint committee shall send written notification by	1458
certified mail to the person who filed the registration statement	1459
regarding the deficiency in the statement or to the person who	1460
failed to file the registration statement regarding the failure.	1461
Any person so notified by the joint committee shall, not later	1462
than fifteen days after receiving the notice, file a registration	1463
statement or an amended registration statement that does contain	1464
all of the information required by this section. If any person who	1465
receives a notice under this division fails to file a registration	1466
statement or such an amended registration statement within this	1467
fifteen-day period, the joint committee shall assess a late filing	1468
fee equal to twelve dollars and fifty cents per day, up to a	1469
maximum of one hundred dollars, upon that person. The joint	1470
committee may waive the late filing fee for good cause shown.	1471

(H) On or before the fifteenth day of March of each year, the	1472
joint committee shall, in the manner and form that it determines,	1473
publish a report containing statistical information on the	1474
registration statements filed with it under this section during	1475
the preceding year.	1476

Sec. 102.02. (A) Except as otherwise provided in division	1477
(H) of this section, all of the following shall file with the	1478
appropriate ethics commission the disclosure statement described	1479
in this division on a form prescribed by the appropriate	1480
commission: every person who is elected to or is a candidate for a	1481
state, county, or city office and every person who is appointed to	1482
fill a vacancy for an unexpired term in such an elective office;	1483
all members of the state board of education; the director,	1484
assistant directors, deputy directors, division chiefs, or persons	1485
of equivalent rank of any administrative department of the state;	1486
the president or other chief administrative officer of every state	1487
institution of higher education as defined in section 3345.011 of	1488
the Revised Code; the executive director and the members of the	1489
capitol square review and advisory board appointed or employed	1490
pursuant to section 105.41 of the Revised Code; the chief	1491
executive officer and the members of the board of each state	1492
retirement system; each employee of a state retirement board who	1493
is a state retirement system investment officer licensed pursuant	1494
to section 1707.163 of the Revised Code; the members of the Ohio	1495
retirement study council appointed pursuant to division (C) of	1496
section 171.01 of the Revised Code; employees of the Ohio	1497
retirement study council, other than employees who perform purely	1498
administrative or clerical functions; the administrator of	1499
workers' compensation and each member of the bureau of workers'	1500
compensation board of directors; the bureau of workers'	1501
compensation director of investments; the chief investment officer	1502
of the bureau of workers' compensation; the director appointed by	1503
the workers' compensation council; all members of the board of	1504
commissioners on grievances and discipline of the supreme court	1505
and the ethics commission created under section 102.05 of the	1506
Revised Code; every business manager, treasurer, or superintendent	1507
of a city, local, exempted village, joint vocational, or	1508
cooperative education school district or an educational service	1509
center; every person who is elected to or is a candidate for the	1510
office of member of a board of education of a city, local,	1511
exempted village, joint vocational, or cooperative education	1512
school district or of a governing board of an educational service	1513
center that has a total student count of twelve thousand or more	1514
as most recently determined by the department of education	1515
pursuant to section 3317.03 of the Revised Code; every person who	1516
is appointed to the board of education of a municipal school	1517
district pursuant to division (B) or (F) of section 3311.71 of the	1518
Revised Code; all members of the board of directors of a sanitary	1519
district that is established under Chapter 6115. of the Revised	1520
Code and organized wholly for the purpose of providing a water	1521
supply for domestic, municipal, and public use, and that includes	1522
two municipal corporations in two counties; every public official	1523
or employee who is paid a salary or wage in accordance with	1524
schedule C of section 124.15 or schedule E-2 of section 124.152 of	1525
the Revised Code; members of the board of trustees and the	1526
executive director of the southern Ohio agricultural and community	1527
development foundation; and every other public official or	1528
employee who is designated by the appropriate ethics commission	1529
pursuant to division (B) of this section.	1530

The disclosure statement shall include all of the following:

1531

(1) The name of the person filing the statement and each	1532
member of the person's immediate family and all names under which	1533
the person or members of the person's immediate family do	1534
business;	1535

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	1536
and except as otherwise provided in section 102.022 of the Revised	1537
Code, identification of every source of income, other than income	1538
from a legislative agent identified in division (A)(2)(b) of this	1539
section, received during the preceding calendar year, in the	1540
person's own name or by any other person for the person's use or	1541
benefit, by the person filing the statement, and a brief	1542
description of the nature of the services for which the income was	1543
received. If the person filing the statement is a member of the	1544
general assembly, the statement shall identify the amount of every	1545
source of income received in accordance with the following ranges	1546
of amounts: zero or more, but less than one thousand dollars; one	1547
thousand dollars or more, but less than ten thousand dollars; ten	1548
thousand dollars or more, but less than twenty-five thousand	1549
dollars; twenty-five thousand dollars or more, but less than fifty	1550
thousand dollars; fifty thousand dollars or more, but less than	1551
one hundred thousand dollars; and one hundred thousand dollars or	1552
more. Division (A)(2)(a) of this section shall not be construed to	1553
require a person filing the statement who derives income from a	1554
business or profession to disclose the individual items of income	1555
that constitute the gross income of that business or profession,	1556
except for those individual items of income that are attributable	1557
to the person's or, if the income is shared with the person, the	1558
partner's, solicitation of services or goods or performance,	1559
arrangement, or facilitation of services or provision of goods on	1560
behalf of the business or profession of clients, including	1561
corporate clients, who are legislative agents. A person who files	1562
the statement under this section shall disclose the identity of	1563
and the amount of income received from a person who the public	1564
official or employee knows or has reason to know is doing or	1565
seeking to do business of any kind with the public official's or	1566
employee's agency.	1567

(b) If the person filing the statement is a member of the	1568
general assembly, the statement shall identify every source of	1569
income and the amount of that income that was received from a	1570
legislative agent during the preceding calendar year, in the	1571
person's own name or by any other person for the person's use or	1572
benefit, by the person filing the statement, and a brief	1573
description of the nature of the services for which the income was	1574
received. Division (A)(2)(b) of this section requires the	1575
disclosure of clients of attorneys or persons licensed under	1576
section 4732.12 of the Revised Code, or patients of persons	1577
certified under section 4731.14 of the Revised Code, if those	1578
clients or patients are legislative agents. Division (A)(2)(b) of	1579
this section requires a person filing the statement who derives	1580
income from a business or profession to disclose those individual	1581
items of income that constitute the gross income of that business	1582
or profession that are received from legislative agents.	1583

(c) Except as otherwise provided in division (A)(2)(c) of	1584
this section, division (A)(2)(a) of this section applies to	1585
attorneys, physicians, and other persons who engage in the	1586
practice of a profession and who, pursuant to a section of the	1587
Revised Code, the common law of this state, a code of ethics	1588
applicable to the profession, or otherwise, generally are required	1589
not to reveal, disclose, or use confidences of clients, patients,	1590
or other recipients of professional services except under	1591
specified circumstances or generally are required to maintain	1592
those types of confidences as privileged communications except	1593
under specified circumstances. Division (A)(2)(a) of this section	1594
does not require an attorney, physician, or other professional	1595
subject to a confidentiality requirement as described in division	1596
(A)(2)(c) of this section to disclose the name, other identity, or	1597
address of a client, patient, or other recipient of professional	1598
services if the disclosure would threaten the client, patient, or	1599
other recipient of professional services, would reveal details of	1600
the subject matter for which legal, medical, or professional	1601
advice or other services were sought, or would reveal an otherwise	1602
privileged communication involving the client, patient, or other	1603
recipient of professional services. Division (A)(2)(a) of this	1604
section does not require an attorney, physician, or other	1605
professional subject to a confidentiality requirement as described	1606
in division (A)(2)(c) of this section to disclose in the brief	1607
description of the nature of services required by division	1608
(A)(2)(a) of this section any information pertaining to specific	1609
professional services rendered for a client, patient, or other	1610
recipient of professional services that would reveal details of	1611
the subject matter for which legal, medical, or professional	1612
advice was sought or would reveal an otherwise privileged	1613
communication involving the client, patient, or other recipient of	1614
professional services.	1615

(3) The name of every corporation on file with the secretary	1616
of state that is incorporated in this state or holds a certificate	1617
of compliance authorizing it to do business in this state, trust,	1618
business trust, partnership, or association that transacts	1619
business in this state in which the person filing the statement or	1620
any other person for the person's use and benefit had during the	1621
preceding calendar year an investment of over one thousand dollars	1622
at fair market value as of the thirty-first day of December of the	1623
preceding calendar year, or the date of disposition, whichever is	1624
earlier, or in which the person holds any office or has a	1625
fiduciary relationship, and a description of the nature of the	1626
investment, office, or relationship. Division (A)(3) of this	1627
section does not require disclosure of the name of any bank,	1628
savings and loan association, credit union, or building and loan	1629
association with which the person filing the statement has a	1630
deposit or a withdrawable share account.	1631

(4) All fee simple and leasehold interests to which the	1632
person filing the statement holds legal title to or a beneficial	1633
interest in real property located within the state, excluding the	1634
person's residence and property used primarily for personal	1635
recreation;	1636

(5) The names of all persons residing or transacting business	1637
in the state to whom the person filing the statement owes, in the	1638
person's own name or in the name of any other person, more than	1639
one thousand dollars. Division (A)(5) of this section shall not be	1640
construed to require the disclosure of debts owed by the person	1641
resulting from the ordinary conduct of a business or profession or	1642
debts on the person's residence or real property used primarily	1643
for personal recreation, except that the superintendent of	1644
financial institutions shall disclose the names of all	1645
state-chartered savings and loan associations and of all service	1646
corporations subject to regulation under division (E)(2) of	1647
section 1151.34 of the Revised Code to whom the superintendent in	1648
the superintendent's own name or in the name of any other person	1649
owes any money, and that the superintendent and any deputy	1650
superintendent of banks shall disclose the names of all	1651
state-chartered banks and all bank subsidiary corporations subject	1652
to regulation under section 1109.44 of the Revised Code to whom	1653
the superintendent or deputy superintendent owes any money.	1654

(6) The names of all persons residing or transacting business	1655
in the state, other than a depository excluded under division	1656
(A)(3) of this section, who owe more than one thousand dollars to	1657
the person filing the statement, either in the person's own name	1658
or to any person for the person's use or benefit. Division (A)(6)	1659
of this section shall not be construed to require the disclosure	1660
of clients of attorneys or persons licensed under section 4732.12	1661
or 4732.15 of the Revised Code, or patients of persons certified	1662
under section 4731.14 of the Revised Code, nor the disclosure of	1663
debts owed to the person resulting from the ordinary conduct of a	1664
business or profession.	1665

(7) Except as otherwise provided in section 102.022 of the	1666
Revised Code, the source of each gift of over seventy-five	1667
dollars, or of each gift of over twenty-five dollars received by a	1668
member of the general assembly from a legislative agent, received	1669
by the person in the person's own name or by any other person for	1670
the person's use or benefit during the preceding calendar year,	1671
except gifts received by will or by virtue of section 2105.06 of	1672
the Revised Code, or received from spouses, parents, grandparents,	1673
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	1674
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	1675
fathers-in-law, mothers-in-law, or any person to whom the person	1676
filing the statement stands in loco parentis, or received by way	1677
of distribution from any inter vivos or testamentary trust	1678
established by a spouse or by an ancestor;	1679

(8) Except as otherwise provided in section 102.022 of the	1680
Revised Code, identification of the source and amount of every	1681
payment of expenses incurred for travel to destinations inside or	1682
outside this state that is received by the person in the person's	1683
own name or by any other person for the person's use or benefit	1684
and that is incurred in connection with the person's official	1685
duties, except for expenses for travel to meetings or conventions	1686
of a national or state organization to which any state agency,	1687
including, but not limited to, any legislative agency or state	1688
institution of higher education as defined in section 3345.011 of	1689
the Revised Code, pays membership dues, or any political	1690
subdivision or any office or agency of a political subdivision	1691
pays membership dues;	1692

(9) Except as otherwise provided in section 102.022 of the	1693
Revised Code, identification of the source of payment of expenses	1694
for meals and other food and beverages, other than for meals and	1695
other food and beverages provided at a meeting at which the person	1696
participated in a panel, seminar, or speaking engagement or at a	1697
meeting or convention of a national or state organization to which	1698
any state agency, including, but not limited to, any legislative	1699
agency or state institution of higher education as defined in	1700
section 3345.011 of the Revised Code, pays membership dues, or any	1701
political subdivision or any office or agency of a political	1702
subdivision pays membership dues, that are incurred in connection	1703
with the person's official duties and that exceed one hundred	1704
dollars aggregated per calendar year;	1705

(10) If the disclosure statement is filed by a public	1706
official or employee described in division (B)(2) of section	1707
101.73 of the Revised Code or division (B)(2) of section 121.63 of	1708
the Revised Code who receives a statement from a legislative	1709
agent, executive agency lobbyist, or employer that contains the	1710
information described in division (F)(2) of section 101.73 of the	1711
Revised Code or division (G)(2) of section 121.63 of the Revised	1712
Code, all of the nondisputed information contained in the	1713
statement delivered to that public official or employee by the	1714
legislative agent, executive agency lobbyist, or employer under	1715
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	1716
the Revised Code.	1717

A person may file a statement required by this section in	1718
person or by mail. A person who is a candidate for elective office	1719
shall file the statement no later than the thirtieth day before	1720
the primary, special, or general election at which the candidacy	1721
is to be voted on, whichever election occurs soonest, except that	1722
a person who is a write-in candidate shall file the statement no	1723
later than the twentieth day before the earliest election at which	1724
the person's candidacy is to be voted on. A person who holds	1725
elective office shall file the statement on or before the	1726
fifteenth day of April of each year unless the person is a	1727
candidate for office. A person who is appointed to fill a vacancy	1728
for an unexpired term in an elective office shall file the	1729
statement within fifteen days after the person qualifies for	1730
office. Other persons shall file an annual statement on or before	1731
the fifteenth day of April or, if appointed or employed after that	1732
date, within ninety days after appointment or employment. No	1733
person shall be required to file with the appropriate ethics	1734
commission more than one statement or pay more than one filing fee	1735
for any one calendar year.	1736

The appropriate ethics commission, for good cause, may extend	1737
for a reasonable time the deadline for filing a statement under	1738
this section.	1739

A statement filed under this section is subject to public	1740
inspection at locations designated by the appropriate ethics	1741
commission except as otherwise provided in this section.	1742

(B) The Ohio ethics commission, the joint legislative ethics	1743
committee, and the board of commissioners on grievances and	1744
discipline of the supreme court, using the rule-making procedures	1745
of Chapter 119. of the Revised Code, may require any class of	1746
public officials or employees under its jurisdiction and not	1747
specifically excluded by this section whose positions involve a	1748
substantial and material exercise of administrative discretion in	1749
the formulation of public policy, expenditure of public funds,	1750
enforcement of laws and rules of the state or a county or city, or	1751
the execution of other public trusts, to file an annual statement	1752
on or before the fifteenth day of April under division (A) of this	1753
section. The appropriate ethics commission shall send the public	1754
officials or employees written notice of the requirement by the	1755
fifteenth day of February of each year the filing is required	1756
unless the public official or employee is appointed after that	1757
date, in which case the notice shall be sent within thirty days	1758
after appointment, and the filing shall be made not later than	1759
ninety days after appointment.	1760

Except for disclosure statements filed by members of the	1761
board of trustees and the executive director of the southern Ohio	1762
agricultural and community development foundation, disclosure	1763
statements filed under this division with the Ohio ethics	1764
commission by members of boards, commissions, or bureaus of the	1765
state for which no compensation is received other than reasonable	1766
and necessary expenses shall be kept confidential. Disclosure	1767
statements filed with the Ohio ethics commission under division	1768
(A) of this section by business managers, treasurers, and	1769
superintendents of city, local, exempted village, joint	1770
vocational, or cooperative education school districts or	1771
educational service centers shall be kept confidential, except	1772
that any person conducting an audit of any such school district or	1773
educational service center pursuant to section 115.56 or Chapter	1774
117. of the Revised Code may examine the disclosure statement of	1775
any business manager, treasurer, or superintendent of that school	1776
district or educational service center. The Ohio ethics commission	1777
shall examine each disclosure statement required to be kept	1778
confidential to determine whether a potential conflict of interest	1779
exists for the person who filed the disclosure statement. A	1780
potential conflict of interest exists if the private interests of	1781
the person, as indicated by the person's disclosure statement,	1782
might interfere with the public interests the person is required	1783
to serve in the exercise of the person's authority and duties in	1784
the person's office or position of employment. If the commission	1785
determines that a potential conflict of interest exists, it shall	1786
notify the person who filed the disclosure statement and shall	1787
make the portions of the disclosure statement that indicate a	1788
potential conflict of interest subject to public inspection in the	1789
same manner as is provided for other disclosure statements. Any	1790
portion of the disclosure statement that the commission determines	1791
does not indicate a potential conflict of interest shall be kept	1792
confidential by the commission and shall not be made subject to	1793
public inspection, except as is necessary for the enforcement of	1794
Chapters 102. and 2921. of the Revised Code and except as	1795
otherwise provided in this division.	1796

(C) No person shall knowingly fail to file, on or before the	1797
applicable filing deadline established under this section, a	1798
statement that is required by this section.	1799

(D) No person shall knowingly file a false statement that is	1800
required to be filed under this section.	1801

(E)(1) Except as provided in divisions (E)(2) and (3) of this	1802
section, the statement required by division (A) or (B) of this	1803
section shall be accompanied by a filing fee of forty dollars.	1804

(2) The statement required by division (A) of this section	1805
shall be accompanied by the following filing fee to be paid by the	1806
person who is elected or appointed to, or is a candidate for, any	1807
of the following offices:	1808

For state office, except member of the		1809
state board of education	$65	1810
For office of member of general assembly	$40	1811
For county office	$40	1812
For city office	$25	1813
For office of member of the state board		1814
of education	$25	1815
For office of member of a city, local,		1816
exempted village, or cooperative		1817
education board of		1818
education or educational service		1819
center governing board	$20	1820
For position of business manager,		1821
treasurer, or superintendent of a		1822
city, local, exempted village, joint		1823
vocational, or cooperative education		1824
school district or		1825
educational service center	$20	1826

(3) No judge of a court of record or candidate for judge of a	1827
court of record, and no referee or magistrate serving a court of	1828
record, shall be required to pay the fee required under division	1829
(E)(1) or (2) or (F) of this section.	1830

(4) For any public official who is appointed to a nonelective	1831
office of the state and for any employee who holds a nonelective	1832
position in a public agency of the state, the state agency that is	1833
the primary employer of the state official or employee shall pay	1834
the fee required under division (E)(1) or (F) of this section.	1835

(F) If a statement required to be filed under this section is	1836
not filed by the date on which it is required to be filed, the	1837
appropriate ethics commission shall assess the person required to	1838
file the statement a late filing fee of ten dollars for each day	1839
the statement is not filed, except that the total amount of the	1840
late filing fee shall not exceed two hundred fifty dollars.	1841

(G)(1) The appropriate ethics commission other than the Ohio	1842
ethics commission and the joint legislative ethics committee shall	1843
deposit all fees it receives under divisions (E) and (F) of this	1844
section into the general revenue fund of the state.	1845

(2) The Ohio ethics commission shall deposit all receipts,	1846
including, but not limited to, fees it receives under divisions	1847
(E) and (F) of this section and all moneys it receives from	1848
settlements under division (G) of section 102.06 of the Revised	1849
Code, into the Ohio ethics commission fund, which is hereby	1850
created in the state treasury. All moneys credited to the fund	1851
shall be used solely for expenses related to the operation and	1852
statutory functions of the commission.	1853

(3) The joint legislative ethics committee shall deposit all	1854
receipts it receives from the payment of financial disclosure	1855
statement filing fees under divisions (E) and (F) of this section	1856
into the joint legislative ethics committee investigative fund.	1857

(H) Division (A) of this section does not apply to a person	1858
elected or appointed to the office of precinct, ward, or district	1859
committee member under Chapter 3517. of the Revised Code; a	1860
presidential elector; a delegate to a national convention; village	1861
or township officials and employees; any physician or psychiatrist	1862
who is paid a salary or wage in accordance with schedule C of	1863
section 124.15 or schedule E-2 of section 124.152 of the Revised	1864
Code and whose primary duties do not require the exercise of	1865
administrative discretion; or any member of a board, commission,	1866
or bureau of any county or city who receives less than one	1867
thousand dollars per year for serving in that position.	1868

Sec. 103.24. There is hereby created in the state treasury	1869
the legislative agency telephone usage fund. Money collected from	1870
the house of representatives, senate, and joint legislative ethics	1871
committee shall be credited to the fund, along with money	1872
collected from any other legislative agency that the legislative	1873
service commission determines should account for calls made from	1874
the agency's telephones through the fund. The fund shall be used	1875
to pay the telephone carriers for all such telephone calls.	1876

Sec. 105.41. (A) There is hereby created in the legislative	1877
branch of government the capitol square review and advisory board,	1878
consisting of thirteen members as follows:	1879

(1) Two members of the senate, appointed by the president of	1880
the senate, both of whom shall not be members of the same	1881
political party;	1882

(2) Two members of the house of representatives, appointed by	1883
the speaker of the house of representatives, both of whom shall	1884
not be members of the same political party;	1885

(3) Five members appointed by the governor, with the advice	1886
and consent of the senate, not more than three of whom shall be	1887
members of the same political party, one of whom shall be the	1888
chief of staff of the governor's office, one of whom shall	1889
represent the Ohio arts council, one of whom shall represent the	1890
Ohio historical society, one of whom shall represent the Ohio	1891
building authority, and one of whom shall represent the public at	1892
large;	1893

(4) One member, who shall be a former president of the	1894
senate, appointed by the current president of the senate. If the	1895
current president of the senate, in the current president's	1896
discretion, decides for any reason not to make the appointment or	1897
if no person is eligible or available to serve, the seat shall	1898
remain vacant.	1899

(5) One member, who shall be a former speaker of the house of	1900
representatives, appointed by the current speaker of the house of	1901
representatives. If the current speaker of the house of	1902
representatives, in the current speaker's discretion, decides for	1903
any reason not to make the appointment or if no person is eligible	1904
or available to serve, the seat shall remain vacant.	1905

(6) The clerk of the senate and the clerk of the house of	1906
representatives.	1907

(B) Terms of office of each appointed member of the board	1908
shall be for three years, except that members of the general	1909
assembly appointed to the board shall be members of the board only	1910
so long as they are members of the general assembly and the chief	1911
of staff of the governor's office shall be a member of the board	1912
only so long as the appointing governor remains in office. Each	1913
member shall hold office from the date of the member's appointment	1914
until the end of the term for which the member was appointed. In	1915
case of a vacancy occurring on the board, the president of the	1916
senate, the speaker of the house of representatives, or the	1917
governor, as the case may be, shall in the same manner prescribed	1918
for the regular appointment to the commission, fill the vacancy	1919
by appointing a member. Any member appointed to fill a vacancy	1920
occurring prior to the expiration of the term for which the	1921
member's predecessor was appointed shall hold office for the	1922
remainder of the term. Any appointed member shall continue in	1923
office subsequent to the expiration date of the member's term	1924
until the member's successor takes office, or until a period of	1925
sixty days has elapsed, whichever occurs first.	1926

(C) The board shall hold meetings in a manner and at times	1927
prescribed by the rules adopted by the board. A majority of the	1928
board constitutes a quorum, and no action shall be taken by the	1929
board unless approved by at least six members or by at least seven	1930
members if a person is appointed under division (A)(4) or (5) of	1931
this section. At its first meeting, the board shall adopt rules	1932
for the conduct of its business and the election of its officers,	1933
and shall organize by selecting a chairperson and other officers	1934
as it considers necessary. Board members shall serve without	1935
compensation but shall be reimbursed for actual and necessary	1936
expenses incurred in the performance of their duties.	1937

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

1938

(1) Employ or hire on a consulting basis professional,	1939
technical, and clerical employees as are necessary for the	1940
performance of its duties;. All employees of the board are in the	1941
unclassified civil service and serve at the pleasure of the board.	1942
For the purposes of sections 718.04 and 4117.01 of the Revised	1943
Code, employees of the board shall be considered employees of the	1944
general assembly.	1945

(2) Hold public hearings at times and places as determined by	1946
the board;	1947

(3) Adopt, amend, or rescind rules necessary to accomplish	1948
the duties of the board as set forth in this section;	1949

(4) Sponsor, conduct, and support such social events as the	1950
board may authorize and consider appropriate for the employees of	1951
the board, employees and members of the general assembly,	1952
employees of persons under contract with the board or otherwise	1953
engaged to perform services on the premises of capitol square, or	1954
other persons as the board may consider appropriate. Subject to	1955
the requirements of Chapter 4303. of the Revised Code, the board	1956
may provide beer, wine, and intoxicating liquor, with or without	1957
charge, for those events and may use funds only from the sale of	1958
goods and services fund to purchase the beer, wine, and	1959
intoxicating liquor the board provides;	1960

(5) Purchase a warehouse in which to store items of the	1961
capitol collection trust and, whenever necessary, equipment or	1962
other property of the board.	1963

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

1964

(1) Have sole authority to coordinate and approve any	1965
improvements, additions, and renovations that are made to the	1966
capitol square. The improvements shall include, but not be limited	1967
to, the placement of monuments and sculpture on the capitol	1968
grounds.	1969

(2) Subject to section 3353.07 of the Revised Code, operate	1970
the capitol square, and have sole authority to regulate all uses	1971
of the capitol square. The uses shall include, but not be limited	1972
to, the casual and recreational use of the capitol square.	1973

(3) Employ, fix the compensation of, and prescribe the duties	1974
of the executive director of the board and other employees the	1975
board considers necessary for the performance of its powers and	1976
duties;	1977

(4) Establish and maintain the capitol collection trust. The	1978
capitol collection trust shall consist of furniture, antiques, and	1979
other items of personal property that the board shall store in	1980
suitable facilities until they are ready to be displayed in the	1981
capitol square.	1982

(5) Perform repair, construction, contracting, purchasing,	1983
maintenance, supervisory, and operating activities the board	1984
determines are necessary for the operation and maintenance of the	1985
capitol square;	1986

(6) Maintain and preserve the capitol square, in accordance	1987
with guidelines issued by the United States secretary of the	1988
interior for application of the secretary's standards for	1989
rehabilitation adopted in 36 C.F.R. part 67;	1990

(7) Plan and develop a center at the capitol building for the	1991
purpose of educating visitors about the history of Ohio, including	1992
its political, economic, and social development and the design and	1993
erection of the capitol building and its grounds.	1994

(F)(1) The board shall lease capital facilities improved or	1995
financed by the Ohio building authority pursuant to Chapter 152.	1996
of the Revised Code for the use of the board, and may enter into	1997
any other agreements with the authority ancillary to improvement,	1998
financing, or leasing of those capital facilities, including, but	1999
not limited to, any agreement required by the applicable bond	2000
proceedings authorized by Chapter 152. of the Revised Code. Any	2001
lease of capital facilities authorized by this section shall be	2002
governed by division (D) of section 152.24 of the Revised Code.	2003

(2) Fees, receipts, and revenues received by the board from	2004
the state underground parking garage constitute available receipts	2005
as defined in section 152.09 of the Revised Code, and may be	2006
pledged to the payment of bond service charges on obligations	2007
issued by the Ohio building authority pursuant to Chapter 152. of	2008
the Revised Code to improve, finance, or purchase capital	2009
facilities useful to the board. The authority may, with the	2010
consent of the board, provide in the bond proceedings for a pledge	2011
of all or a portion of those fees, receipts, and revenues as the	2012
authority determines. The authority may provide in the bond	2013
proceedings or by separate agreement with the board for the	2014
transfer of those fees, receipts, and revenues to the appropriate	2015
bond service fund or bond service reserve fund as required to pay	2016
the bond service charges when due, and any such provision for the	2017
transfer of those fees, receipts, and revenues shall be	2018
controlling notwithstanding any other provision of law pertaining	2019
to those fees, receipts, and revenues.	2020

(3) All moneys received by the treasurer of state on account	2021
of the board and required by the applicable bond proceedings or by	2022
separate agreement with the board to be deposited, transferred, or	2023
credited to the bond service fund or bond service reserve fund	2024
established by the bond proceedings shall be transferred by the	2025
treasurer of state to such fund, whether or not it is in the	2026
custody of the treasurer of state, without necessity for further	2027
appropriation, upon receipt of notice from the Ohio building	2028
authority as prescribed in the bond proceedings.	2029

(G) All fees, receipts, and revenues received by the board	2030
from the state underground parking garage shall be deposited into	2031
the state treasury to the credit of the underground parking garage	2032
operating fund, which is hereby created, to be used for the	2033
purposes specified in division (F) of this section and for the	2034
operation and maintenance of the garage. All investment earnings	2035
of the fund shall be credited to the fund.	2036

(H) All donations received by the board shall be deposited	2037
into the state treasury to the credit of the capitol square	2038
renovation gift fund, which is hereby created. The fund shall be	2039
used by the board as follows:	2040

(1) To provide part or all of the funding related to	2041
construction, goods, or services for the renovation of the capitol	2042
square;	2043

(2) To purchase art, antiques, and artifacts for display at	2044
the capitol square;	2045

(3) To award contracts or make grants to organizations for	2046
educating the public regarding the historical background and	2047
governmental functions of the capitol square. Chapters 125., 127.,	2048
and 153. and section 3517.13 of the Revised Code do not apply to	2049
purchases made exclusively from the fund, notwithstanding anything	2050
to the contrary in those chapters or that section. All investment	2051
earnings of the fund shall be credited to the fund.	2052

(I) Except as provided in divisions (G), (H), and (J) of this	2053
section, all fees, receipts, and revenues received by the board	2054
shall be deposited into the state treasury to the credit of the	2055
sale of goods and services fund, which is hereby created. Money	2056
credited to the fund shall be used solely to pay costs of the	2057
board other than those specified in divisions (F) and (G) of this	2058
section. All investment earnings of the fund shall be credited to	2059
the fund.	2060

(J) There is hereby created in the state treasury the capitol	2061
square improvement fund, to be used by the board to pay	2062
construction, renovation, and other costs related to the capitol	2063
square for which money is not otherwise available to the board.	2064
Whenever the board determines that there is a need to incur those	2065
costs and that the unencumbered, unobligated balance to the credit	2066
of the underground parking garage operating fund exceeds the	2067
amount needed for the purposes specified in division (F) of this	2068
section and for the operation and maintenance of the garage, the	2069
board may request the director of budget and management to	2070
transfer from the underground parking garage operating fund to the	2071
capitol square improvement fund the amount needed to pay such	2072
construction, renovation, or other costs. The director then shall	2073
transfer the amount needed from the excess balance of the	2074
underground parking garage operating fund.	2075

(K) As the operation and maintenance of the capitol square	2076
constitute essential government functions of a public purpose, the	2077
board shall not be required to pay taxes or assessments upon the	2078
square, upon any property acquired or used by the board under this	2079
section, or upon any income generated by the operation of the	2080
square.	2081

(L) Section 125.18 of the Revised Code does not apply to the	2082
board.	2083

(M) As used in this section, "capitol square" means the	2084
capitol building, senate building, capitol atrium, capitol	2085
grounds, the state underground parking garage, and the warehouse	2086
owned by the board.	2087

~~(M)~~(N) The capitol annex shall be known as the senate	2088
building.	2089

Sec. 107.19. The governor shall have no power to issue any	2090
executive order that has previously been issued and that the	2091
federal trade commission, office of policy planning, bureau of	2092
economics, and bureau of competition has opined is	2093
anti-competitive and is in violation of anti-trust laws. Any such	2094
executive order shall be considered invalid and unenforceable.	2095

Sec. 107.21. (A) As used in this section, "Appalachian	2096
region" means the following counties in this state ~~which~~that have	2097
been designated as part of Appalachia by the federal Appalachian	2098
regional commission and ~~which~~that have been geographically	2099
isolated and economically depressed: Adams, Ashtabula, Athens,	2100
Belmont, Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia,	2101
Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson,	2102
Lawrence, Mahoning, Meigs, Monroe, Morgan, Muskingum, Noble,	2103
Perry, Pike, Ross, Scioto, Trumbull, Tuscarawas, Vinton, and	2104
Washington.	2105

(B) There is hereby created in the department of development	2106
the governor's office of Appalachian Ohio. The governor shall	2107
designate the director of the governor's office of Appalachian	2108
Ohio. The director shall report directly to the office of the	2109
governor. On January 1, 1987, the governor shall designate the	2110
director to represent this state on the federal Appalachian	2111
regional commission. The director may appoint such employees as	2112
are necessary to exercise the powers and duties of this office.	2113
The director shall maintain local development districts as	2114
established within the Appalachian region for the purpose of	2115
regional planning for the distribution of funds from the	2116
Appalachian regional commission within the Appalachian region.	2117

(C) The governor's office of Appalachian Ohio shall represent	2118
the interests of the Appalachian region in the government of this	2119
state. The duties of the director of the office shall include, but	2120
are not limited to, the following:	2121

(1) To identify residents of the Appalachian region qualified	2122
to serve on state boards, commissions, and bodies and in state	2123
offices, and to bring these persons to the attention of the	2124
governor;	2125

(2) To represent the interests of the Appalachian region in	2126
the general assembly and before state boards, commissions, bodies,	2127
and agencies;	2128

(3) To assist in forming a consensus on public issues and	2129
policies among institutions and organizations that serve the	2130
Appalachian region;	2131

(4) To act as an ~~ombudsman~~ombudsperson to assist in	2132
resolving differences between state or federal agencies and the	2133
officials of political subdivisions or private, nonprofit	2134
organizations located within the Appalachian region;	2135

(5) To assist planning commissions, agencies, and	2136
organizations within the Appalachian region in distributing	2137
planning information and documents to the appropriate state and	2138
federal agencies and to assist in focusing attention on any	2139
findings and recommendations of these commissions, agencies, and	2140
organizations;	2141

(6) To issue reports on the Appalachian region ~~which~~that	2142
describe progress achieved and the needs that still exist in the	2143
region;	2144

(7) To assist the governor's office in resolving the problems	2145
of residents of the Appalachian region that come to the governor's	2146
attention.	2147

(D) The amount of money from appropriated state funds	2148
allocated each year to pay administrative costs of a local	2149
development district existing on the effective date of this	2150
amendment shall not be decreased due to the creation and funding	2151
of additional local development districts. The amount of money	2152
allocated to each district shall be increased each year by the	2153
average percentage of increase in the consumer price index for the	2154
prior year.	2155

As used in this division, "consumer price index" means the	2156
consumer price index for all urban consumers (United States city	2157
average, all items), prepared by the United States department of	2158
labor, bureau of labor statistics.	2159

Sec. 107.40. (A) There is hereby created the governor's	2160
residence advisory commission. The commission shall provide for	2161
the preservation, restoration, acquisition, and conservation of	2162
all decorations, objects of art, chandeliers, china, silver,	2163
statues, paintings, furnishings, accouterments, and other	2164
aesthetic materials that have been acquired, donated, loaned, or	2165
otherwise obtained by the state for the governor's residence and	2166
that have been approved by the commission. In addition, the	2167
commission shall provide for the maintenance of plants that have	2168
been acquired, donated, loaned, or otherwise obtained by the state	2169
for the governor's residence and that have been approved by the	2170
commission.	2171

(B) The commission shall be responsible for the care,	2172
provision, repair, and placement of furnishings and other objects	2173
and accessories of the grounds and public areas of the first story	2174
of the governor's residence and for the care and placement of	2175
plants on the grounds. The commission shall not exercise its	2176
responsibility under this division by using prison labor. In	2177
exercising ~~this~~its responsibility under this division, the	2178
commission shall preserve and seek to further establish all of the	2179
following:	2180

(1) The authentic ambiance and decor of the historic era	2181
during which the governor's residence was constructed;	2182

(2) The grounds as a representation of Ohio's natural	2183
ecosystems;	2184

(3) The heritage garden for all of the following purposes:

2185

(a) To preserve, sustain, and encourage the use of native	2186
flora throughout the state;	2187

(b) To replicate the state's physiographic regions, plant	2188
communities, and natural landscapes;	2189

(c) To serve as an educational garden that demonstrates the	2190
artistic, industrial, political, horticultural, and geologic	2191
history of the state through the use of plants;	2192

(d) To serve as a reservoir of rare species of plants from	2193
the physiographic regions of the state.	2194

These duties shall not affect the obligation of the	2195
department of administrative services to provide for and adopt	2196
policies and procedures regarding the use, general maintenance,	2197
and operating expenses of the governor's residence. The department	2198
shall not use prison labor in providing for the general	2199
maintenance of the governor's residence.	2200

(C) The commission shall consist of eleven members. One	2201
member shall be the director of administrative services or the	2202
director's designee, who shall serve during the director's term of	2203
office and shall serve as chairperson. One member shall be the	2204
director of the Ohio historical society or the director's	2205
designee, who shall serve during the director's term of office and	2206
shall serve as vice-chairperson. One member shall represent the	2207
Columbus landmarks foundation. One member shall represent the	2208
Bexley historical society. One member shall be the mayor of the	2209
city of Bexley, who shall serve during the mayor's term of office.	2210
One member shall be the chief executive officer of the Franklin	2211
park conservatory joint recreation district, who shall serve	2212
during the term of employment as chief executive officer. The	2213
remaining five members shall be appointed by the governor with the	2214
advice and consent of the senate. The five members appointed by	2215
the governor shall be persons with knowledge of Ohio history,	2216
architecture, decorative arts, or historic preservation, and one	2217
of those members shall have knowledge of landscape architecture,	2218
garden design, horticulture, and plants native to this state.	2219

(D) Of the initial appointees, the representative of the	2220
Columbus landmarks foundation shall serve for a term expiring	2221
December 31, 1996, and the representative of the Bexley historical	2222
society shall serve for a term expiring December 31, 1997. Of the	2223
five members appointed by the governor, three shall serve for	2224
terms ending December 31, 1998, and two shall serve for terms	2225
ending December 31, 1999. Thereafter, each term shall be for four	2226
years, commencing on the first day of January and ending on the	2227
last day of December. The member having knowledge of landscape	2228
architecture, garden design, horticulture, and plants native to	2229
this state initially shall be appointed upon the first vacancy on	2230
the commission occurring on or after June 30, 2006.	2231

Each member shall hold office from the date of the member's	2232
appointment until the end of the term for which the member was	2233
appointed. Any member appointed to fill a vacancy occurring prior	2234
to the end of the term for which the member's predecessor was	2235
appointed shall hold office for the remainder of the term. Any	2236
member shall continue in office subsequent to the expiration of	2237
the term until the member's successor takes office.	2238

(E) Six members of the commission constitute a quorum, and	2239
the affirmative vote of six members is required for approval of	2240
any action by the commission.	2241

(F) After each initial member of the commission has been	2242
appointed, the commission shall meet and select one member as	2243
secretary and another as treasurer. Organizational meetings of the	2244
commission shall be held at the time and place designated by call	2245
of the chairperson. Meetings of the commission may be held	2246
anywhere in the state and shall be in compliance with Chapters	2247
121. and 149. of the Revised Code. The commission may adopt,	2248
pursuant to section 111.15 of the Revised Code, rules necessary to	2249
carry out the purposes of this section.	2250

(G) Members of the commission shall serve without	2251
remuneration, but shall be compensated for actual and necessary	2252
expenses incurred in the performance of their official duties.	2253

(H) All expenses incurred in carrying out this section are	2254
payable solely from money accrued under this section or	2255
appropriated for these purposes by the general assembly, and the	2256
commission shall incur no liability or obligation beyond such	2257
money.	2258

(I) Except as otherwise provided in this division, the	2259
commission may accept any payment for the use of the governor's	2260
residence or may accept any donation, gift, bequest, or devise for	2261
the governor's residence or as an endowment for the maintenance	2262
and care of the garden on the grounds of the governor's residence	2263
in furtherance of its duties. The commission shall not accept any	2264
donation, gift, bequest, or devise from a person, individual, or	2265
member of an individual's immediate family if the person or	2266
individual is receiving payments under a contract with the state	2267
or a state agency for the purchase of supplies, services, or	2268
equipment or for the construction, reconstruction, improvement,	2269
enlargement, alteration, repair, painting, or decoration of a	2270
public improvement, except for payments received under an	2271
employment contract or a collective bargaining agreement. Any	2272
revenue received by the commission shall be deposited into the	2273
governor's residence fund, which is hereby established in the	2274
state treasury, for use by the commission in accordance with the	2275
performance of its duties. All investment earnings of the fund	2276
shall be credited to the fund. Title to all property acquired by	2277
the commission shall be taken in the name of the state and shall	2278
be held for the use and benefit of the commission.	2279

(J) Nothing in this section limits the ability of a person or	2280
other entity to purchase decorations, objects of art, chandeliers,	2281
china, silver, statues, paintings, furnishings, accouterments,	2282
plants, or other aesthetic materials for placement in the	2283
governor's residence or on the grounds of the governor's residence	2284
or donation to the commission. No such object or plant, however,	2285
shall be placed on the grounds or public areas of the first story	2286
of the governor's residence without the consent of the commission.	2287

(K) The heritage garden established under this section shall	2288
be officially known as "the heritage garden at the Ohio governor's	2289
residence."	2290

(L) As used in this section, "heritage garden" means the	2291
botanical garden of native plants established at the governor's	2292
residence.	2293

Sec. 109.57. (A)(1) The superintendent of the bureau of	2294
criminal identification and investigation shall procure from	2295
wherever procurable and file for record photographs, pictures,	2296
descriptions, fingerprints, measurements, and other information	2297
that may be pertinent of all persons who have been convicted of	2298
committing within this state a felony, any crime constituting a	2299
misdemeanor on the first offense and a felony on subsequent	2300
offenses, or any misdemeanor described in division (A)(1)(a),	2301
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	2302
of all children under eighteen years of age who have been	2303
adjudicated delinquent children for committing within this state	2304
an act that would be a felony or an offense of violence if	2305
committed by an adult or who have been convicted of or pleaded	2306
guilty to committing within this state a felony or an offense of	2307
violence, and of all well-known and habitual criminals. The	2308
person in charge of any county, multicounty, municipal,	2309
municipal-county, or multicounty-municipal jail or workhouse,	2310
community-based correctional facility, halfway house, alternative	2311
residential facility, or state correctional institution and the	2312
person in charge of any state institution having custody of a	2313
person suspected of having committed a felony, any crime	2314
constituting a misdemeanor on the first offense and a felony on	2315
subsequent offenses, or any misdemeanor described in division	2316
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	2317
Revised Code or having custody of a child under eighteen years of	2318
age with respect to whom there is probable cause to believe that	2319
the child may have committed an act that would be a felony or an	2320
offense of violence if committed by an adult shall furnish such	2321
material to the superintendent of the bureau. Fingerprints,	2322
photographs, or other descriptive information of a child who is	2323
under eighteen years of age, has not been arrested or otherwise	2324
taken into custody for committing an act that would be a felony	2325
or an offense of violence who is not in any other category of	2326
child specified in this division, if committed by an adult, has	2327
not been adjudicated a delinquent child for committing an act	2328
that would be a felony or an offense of violence if committed by	2329
an adult, has not been convicted of or pleaded guilty to	2330
committing a felony or an offense of violence, and is not a child	2331
with respect to whom there is probable cause to believe that the	2332
child may have committed an act that would be a felony or an	2333
offense of violence if committed by an adult shall not be	2334
procured by the superintendent or furnished by any person in	2335
charge of any county, multicounty, municipal, municipal-county,	2336
or multicounty-municipal jail or workhouse, community-based	2337
correctional facility, halfway house, alternative residential	2338
facility, or state correctional institution, except as authorized	2339
in section 2151.313 of the Revised Code.	2340

(2) Every clerk of a court of record in this state, other	2341
than the supreme court or a court of appeals, shall send to the	2342
superintendent of the bureau a weekly report containing a summary	2343
of each case involving a felony, involving any crime constituting	2344
a misdemeanor on the first offense and a felony on subsequent	2345
offenses, involving a misdemeanor described in division (A)(1)(a),	2346
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	2347
or involving an adjudication in a case in which a child under	2348
eighteen years of age was alleged to be a delinquent child for	2349
committing an act that would be a felony or an offense of	2350
violence if committed by an adult. The clerk of the court of	2351
common pleas shall include in the report and summary the clerk	2352
sends under this division all information described in divisions	2353
(A)(2)(a) to (f) of this section regarding a case before the	2354
court of appeals that is served by that clerk. The summary shall	2355
be written on the standard forms furnished by the superintendent	2356
pursuant to division (B) of this section and shall include the	2357
following information:	2358

(a) The incident tracking number contained on the standard	2359
forms furnished by the superintendent pursuant to division (B) of	2360
this section;	2361

(b) The style and number of the case;

2362

2363

(d) The date that the person was convicted of or pleaded	2364
guilty to the offense, adjudicated a delinquent child for	2365
committing the act that would be a felony or an offense of	2366
violence if committed by an adult, found not guilty of the	2367
offense, or found not to be a delinquent child for committing an	2368
act that would be a felony or an offense of violence if committed	2369
by an adult, the date of an entry dismissing the charge, an entry	2370
declaring a mistrial of the offense in which the person is	2371
discharged, an entry finding that the person or child is not	2372
competent to stand trial, or an entry of a nolle prosequi, or the	2373
date of any other determination that constitutes final resolution	2374
of the case;	2375

(e) A statement of the original charge with the section of	2376
the Revised Code that was alleged to be violated;	2377

(f) If the person or child was convicted, pleaded guilty, or	2378
was adjudicated a delinquent child, the sentence or terms of	2379
probation imposed or any other disposition of the offender or the	2380
delinquent child.	2381

If the offense involved the disarming of a law enforcement	2382
officer or an attempt to disarm a law enforcement officer, the	2383
clerk shall clearly state that fact in the summary, and the	2384
superintendent shall ensure that a clear statement of that fact is	2385
placed in the bureau's records.	2386

(3) The superintendent shall cooperate with and assist	2387
sheriffs, chiefs of police, and other law enforcement officers in	2388
the establishment of a complete system of criminal identification	2389
and in obtaining fingerprints and other means of identification of	2390
all persons arrested on a charge of a felony, any crime	2391
constituting a misdemeanor on the first offense and a felony on	2392
subsequent offenses, or a misdemeanor described in division	2393
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	2394
Revised Code and of all children under eighteen years of age	2395
arrested or otherwise taken into custody for committing an act	2396
that would be a felony or an offense of violence if committed by	2397
an adult. The superintendent also shall file for record the	2398
fingerprint impressions of all persons confined in a county,	2399
multicounty, municipal, municipal-county, or multicounty-municipal	2400
jail or workhouse, community-based correctional facility, halfway	2401
house, alternative residential facility, or state correctional	2402
institution for the violation of state laws and of all children	2403
under eighteen years of age who are confined in a county,	2404
multicounty, municipal, municipal-county, or multicounty-municipal	2405
jail or workhouse, community-based correctional facility, halfway	2406
house, alternative residential facility, or state correctional	2407
institution or in any facility for delinquent children for	2408
committing an act that would be a felony or an offense of violence	2409
if committed by an adult, and any other information that the	2410
superintendent may receive from law enforcement officials of the	2411
state and its political subdivisions.	2412

(4) The superintendent shall carry out Chapter 2950. of the	2413
Revised Code with respect to the registration of persons who are	2414
convicted of or plead guilty to a sexually oriented offense or a	2415
child-victim oriented offense and with respect to all other duties	2416
imposed on the bureau under that chapter.	2417

(5) The bureau shall perform centralized recordkeeping	2418
functions for criminal history records and services in this state	2419
for purposes of the national crime prevention and privacy compact	2420
set forth in section 109.571 of the Revised Code and is the	2421
criminal history record repository as defined in that section for	2422
purposes of that compact. The superintendent or the	2423
superintendent's designee is the compact officer for purposes of	2424
that compact and shall carry out the responsibilities of the	2425
compact officer specified in that compact.	2426

(B) The superintendent shall prepare and furnish to every	2427
county, multicounty, municipal, municipal-county, or	2428
multicounty-municipal jail or workhouse, community-based	2429
correctional facility, halfway house, alternative residential	2430
facility, or state correctional institution and to every clerk of	2431
a court in this state specified in division (A)(2) of this section	2432
standard forms for reporting the information required under	2433
division (A) of this section. The standard forms that the	2434
superintendent prepares pursuant to this division may be in a	2435
tangible format, in an electronic format, or in both tangible	2436
formats and electronic formats.	2437

(C)(1) The superintendent may operate a center for	2438
electronic, automated, or other data processing for the storage	2439
and retrieval of information, data, and statistics pertaining to	2440
criminals and to children under eighteen years of age who are	2441
adjudicated delinquent children for committing an act that would	2442
be a felony or an offense of violence if committed by an adult,	2443
criminal activity, crime prevention, law enforcement, and criminal	2444
justice, and may establish and operate a statewide communications	2445
network to gather and disseminate information, data, and	2446
statistics for the use of law enforcement agencies and for other	2447
uses specified in this division. The superintendent may gather,	2448
store, retrieve, and disseminate information, data, and statistics	2449
that pertain to children who are under eighteen years of age and	2450
that are gathered pursuant to sections 109.57 to 109.61 of the	2451
Revised Code together with information, data, and statistics that	2452
pertain to adults and that are gathered pursuant to those	2453
sections.	2454

(2) The superintendent or the superintendent's designee shall	2455
gather information of the nature described in division (C)(1) of	2456
this section that pertains to the offense and delinquency history	2457
of a person who has been convicted of, pleaded guilty to, or been	2458
adjudicated a delinquent child for committing a sexually oriented	2459
offense or a child-victim oriented offense for inclusion in the	2460
state registry of sex offenders and child-victim offenders	2461
maintained pursuant to division (A)(1) of section 2950.13 of the	2462
Revised Code and in the internet database operated pursuant to	2463
division (A)(13) of that section and for possible inclusion in the	2464
internet database operated pursuant to division (A)(11) of that	2465
section.	2466

(3) In addition to any other authorized use of information,	2467
data, and statistics of the nature described in division (C)(1)	2468
of this section, the superintendent or the superintendent's	2469
designee may provide and exchange the information, data, and	2470
statistics pursuant to the national crime prevention and privacy	2471
compact as described in division (A)(5) of this section.	2472

(D) The information and materials furnished to the	2473
superintendent pursuant to division (A) of this section and	2474
information and materials furnished to any board or person under	2475
division (F) or (G) of this section are not public records under	2476
section 149.43 of the Revised Code. The superintendent or the	2477
superintendent's designee shall gather and retain information so	2478
furnished under division (A) of this section that pertains to the	2479
offense and delinquency history of a person who has been convicted	2480
of, pleaded guilty to, or been adjudicated a delinquent child for	2481
committing a sexually oriented offense or a child-victim oriented	2482
offense for the purposes described in division (C)(2) of this	2483
section.	2484

(E) The attorney general shall adopt rules, in accordance	2485
with Chapter 119. of the Revised Code, setting forth the procedure	2486
by which a person may receive or release information gathered by	2487
the superintendent pursuant to division (A) of this section. A	2488
reasonable fee may be charged for this service. If a temporary	2489
employment service submits a request for a determination of	2490
whether a person the service plans to refer to an employment	2491
position has been convicted of or pleaded guilty to an offense	2492
listed in division (A)(1), (3), (4), (5), or (6) of section	2493
109.572 of the Revised Code, the request shall be treated as a	2494
single request and only one fee shall be charged.	2495

(F)(1) As used in division (F)(2) of this section, "head	2496
start agency" means an entity in this state that has been approved	2497
to be an agency for purposes of subchapter II of the "Community	2498
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	2499
as amended.	2500

(2)(a) In addition to or in conjunction with any request that	2501
is required to be made under section 109.572, 2151.86, 3301.32, or	2502
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,	2503
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the	2504
Revised Code or that is made under section 3314.41, 3319.392,	2505
or 3326.25 of the Revised Code, the board of education of any	2506
school district; the director of mental retardation and	2507
developmental disabilities; any county board of mental	2508
retardation and developmental disabilities; any entity under	2509
contract with a county board of mental retardation and	2510
developmental disabilities; the chief administrator of any	2511
chartered nonpublic school; the chief administrator of any home	2512
health agency; the chief administrator of or person operating any	2513
child day-care center, type A family day-care home, or type B	2514
family day-care home licensed or certified under Chapter 5104. of	2515
the Revised Code; the administrator of any type C family day-care	2516
home certified pursuant to Section 1 of Sub. H.B. 62 of the 1