As Reported by the House Finance and Appropriations Committee

128th General Assembly
Regular Session
2009-2010
Sub. H. B. No. 1


Representative Sykes 

Cosponsors: Representatives Chandler, Brown, Bolon 



A BILL
To amend sections 9.06, 9.314, 107.21, 109.572, 1
109.73, 109.742, 109.744, 109.751, 109.761, 2
109.77, 109.802, 109.803, 118.05, 120.04, 3
120.08, 120.52, 120.53, 121.04, 121.07, 121.08, 4
121.083, 121.084, 121.13, 121.31, 121.37, 121.40, 5
121.401, 121.402, 122.05, 122.051, 122.075, 6
122.151, 122.17, 122.171, 122.40, 122.603, 7
122.71, 122.751, 122.76, 122.89, 123.01, 123.152, 8
124.03, 124.04, 124.07, 124.11, 124.134, 124.14, 9
124.15, 124.152, 124.18, 124.181, 124.183, 10
124.22, 124.23, 124.27, 124.321, 124.324, 11
124.325, 124.34, 124.381, 124.382, 124.385, 12
124.386, 124.392, 124.81, 125.081, 125.22, 13
125.831, 126.05, 126.21, 126.35, 127.16, 131.33, 14
133.06, 135.03, 135.06, 135.08, 135.32, 141.04, 15
145.012, 145.298, 148.02, 148.04, 149.43, 150.01, 16
150.02, 150.03, 150.04, 150.05, 150.07, 152.09, 17
152.10, 152.12, 152.15, 152.33, 156.01, 156.02, 18
156.03, 156.04, 166.07, 169.08, 173.08, 173.35, 19
173.392, 173.40, 173.401, 173.42, 173.43, 173.50, 20
173.99, 174.02, 174.03, 174.06, 176.05, 21
307.626, 307.629, 307.79, 311.17, 319.301, 22
319.302, 319.54, 321.24, 323.156, 323.78, 329.03, 23
329.042, 329.06, 340.033, 343.01, 504.21, 718.04, 24
721.15, 901.20, 901.32, 901.43, 903.082, 903.11, 25
903.25, 905.32, 905.33, 905.331, 905.36, 905.50, 26
905.51, 905.52, 905.56, 907.13, 907.14, 907.30, 27
907.31, 915.24, 918.08, 918.28, 921.02, 921.06, 28
921.09, 921.11, 921.13, 921.16, 921.22, 921.27, 29
921.29, 923.44, 923.46, 927.51, 927.52, 927.53, 30
927.56, 927.69, 927.70, 927.701, 927.71, 942.01, 31
942.02, 942.06, 942.13, 943.01, 943.02, 943.04, 32
943.05, 943.06, 943.07, 943.13, 943.14, 943.16, 33
953.21, 953.22, 953.23, 955.201, 1321.20, 34
1321.51, 1321.52, 1321.53, 1321.54, 1321.55, 35
1321.551, 1321.57, 1321.59, 1321.60, 1321.99, 36
1322.01, 1322.02, 1322.03, 1322.031, 1322.04, 37
1322.041, 1322.05, 1322.051, 1322.052, 1322.06, 38
1322.061, 1322.062, 1322.063, 1322.064, 1322.07, 39
1322.071, 1322.072, 1322.074, 1322.075, 1322.08, 40
1322.081, 1322.09, 1322.10, 1322.11, 1327.46, 41
1327.50, 1327.51, 1327.511, 1327.52, 1327.54, 42
1327.57, 1327.58, 1327.60, 1327.62, 1327.70, 43
1327.99, 1332.24, 1332.25, 1343.011, 1345.01, 44
1345.05, 1345.09, 1347.08, 1349.31, 1349.43, 45
1501.01, 1501.05, 1501.07, 1501.30, 1502.12, 46
1506.01, 1507.01, 1511.01, 1511.02, 1511.021, 47
1511.022, 1511.03, 1511.04, 1511.05, 1511.06, 48
1511.07, 1511.071, 1511.08, 1514.08, 1514.13, 49
1515.08, 1515.14, 1515.183, 1517.02, 1517.10, 50
1517.11, 1517.14, 1517.16, 1517.17, 1517.18, 51
1519.03, 1520.02, 1520.03, 1521.03, 1521.031, 52
1521.04, 1521.05, 1521.06, 1521.061, 1521.062, 53
1521.063, 1521.064, 1521.07, 1521.10, 1521.11, 54
1521.12, 1521.13, 1521.14, 1521.15, 1521.16, 55
1521.18, 1521.19, 1523.01, 1523.02, 1523.03, 56
1523.04, 1523.05, 1523.06, 1523.07, 1523.08, 57
1523.09, 1523.10, 1523.11, 1523.12, 1523.13, 58
1523.14, 1523.15, 1523.16, 1523.17, 1523.18, 59
1523.19, 1523.20, 1531.01, 1533.10, 1533.11, 60
1541.03, 1547.01, 1547.51, 1547.52, 1547.531, 61
1547.54, 1547.542, 1547.73, 1547.99, 1548.10, 62
1707.17, 1707.18, 1707.37, 1710.01, 1710.02, 63
1710.03, 1710.04, 1710.06, 1710.10, 1710.13, 64
1724.04, 1739.05, 1751.03, 1751.04, 1751.05, 65
1751.14, 1751.15, 1751.16, 1751.19, 1751.32, 66
1751.321, 1751.34, 1751.35, 1751.36, 1751.45, 67
1751.46, 1751.48, 1751.831, 1751.84, 1751.85, 68
1753.09, 1901.26, 1901.31, 1907.24, 2101.01, 69
2151.011, 2301.02, 2301.03, 2303.201, 2317.422, 70
2503.17, 2903.13, 2903.21, 2903.211, 2903.22, 71
2903.33, 2911.21, 2913.46, 2921.13, 2937.22, 72
2949.091, 2949.111, 2949.17, 2981.13, 3105.87, 73
3119.01, 3121.037, 3121.0311, 3121.19, 3121.20, 74
3121.898, 3123.952, 3125.25, 3301.07, 3301.073, 75
3301.079, 3301.0710, 3301.0711, 3301.0714, 76
3301.0715, 3301.0716, 3301.12, 3301.16, 3301.42, 77
3301.55, 3301.68, 3302.01, 3302.02, 3302.021, 78
3302.03, 3302.031, 3302.05, 3302.07, 3304.231, 79
3307.31, 3307.64, 3309.41, 3309.48, 3309.51, 80
3310.03, 3310.08, 3310.09, 3310.11, 3310.14, 81
3310.41, 3311.06, 3311.19, 3311.21, 3311.29, 82
3311.52, 3311.76, 3313.174, 3313.41, 3313.48, 83
3313.481, 3313.482, 3313.483, 3313.53, 84
3313.532, 3313.533, 3313.536, 3313.55, 3313.60, 85
3313.603, 3313.605, 3313.607, 3313.608, 3313.61, 86
3313.611, 3313.612, 3313.614, 3313.615, 3313.62, 87
3313.64, 3313.642, 3313.6410, 3313.65, 3313.671, 88
3313.673, 3313.68, 3313.713, 3313.843, 3313.976, 89
3313.978, 3313.98, 3313.981, 3314.012, 3314.015, 90
3314.016, 3314.02, 3314.021, 3314.024, 3314.03, 91
3314.051, 3314.08, 3314.083, 3314.084, 3314.087, 92
3314.091, 3314.10, 3314.19, 3314.21, 3314.25, 93
3314.26, 3314.35, 3314.36, 3315.17, 3315.37, 94
3316.041, 3316.06, 3316.20, 3317.01, 3317.011, 95
3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 96
3317.025, 3317.0210, 3317.0211, 3317.0216, 97
3317.03, 3317.031, 3317.04, 3317.05, 3317.051, 98
3317.053, 3317.061, 3317.063, 3317.08, 3317.081, 99
3317.082, 3317.12, 3317.16, 3317.18, 3317.20, 100
3317.201, 3318.011, 3318.051, 3318.061, 101
3318.08, 3318.36, 3318.38, 3318.44, 3319.073, 102
3319.08, 3319.081, 3319.088, 3319.11, 3319.151, 103
3319.16, 3319.17, 3319.172, 3319.22, 3319.221, 104
3319.233, 3319.234, 3319.235, 3319.24, 3319.25, 105
3319.26, 3319.261, 3319.28, 3319.291, 3319.303, 106
3319.36, 3319.41, 3319.51, 3319.56, 3319.57, 107
3319.60, 3319.61, 3319.63, 3321.01, 3321.05, 108
3323.05, 3323.091, 3323.14, 3323.142, 3324.05, 109
3325.08, 3326.11, 3326.14, 3326.21, 3326.23, 110
3326.31, 3326.32, 3326.33, 3326.34, 3326.36, 111
3326.37, 3326.38, 3326.51, 3327.02, 3327.04, 112
3327.05, 3329.16, 3333.04, 3333.122, 3333.123, 113
3333.16, 3333.28, 3333.35, 3333.38, 3333.61, 114
3333.62, 3333.66, 3333.73, 3333.83, 3334.01, 115
3334.02, 3334.03, 3334.04, 3334.06, 3334.07, 116
3334.08, 3334.09, 3334.10, 3334.11, 3334.12, 117
3334.16, 3334.17, 3334.18, 3334.19, 3334.20, 118
3334.21, 3345.011, 3345.12, 3345.32, 3345.61, 119
3345.62, 3345.63, 3345.64, 3345.65, 3345.66, 120
3349.242, 3365.01, 3365.04, 3365.041, 3365.07, 121
3365.08, 3365.09, 3365.10, 3501.17, 3701.024, 122
3701.045, 3701.07, 3701.344, 3701.71, 3701.72, 123
3701.78, 3701.84, 3702.51, 3702.52, 3702.524, 124
3702.525, 3702.53, 3702.532, 3702.54, 3702.544, 125
3702.55, 3702.57, 3702.59, 3702.60, 3702.61, 126
3702.87, 3702.89, 3702.90, 3702.91, 3702.92, 127
3702.93, 3702.94, 3703.01, 3703.03, 3703.04, 128
3703.05, 3703.06, 3703.07, 3703.08, 3703.10, 129
3703.21, 3703.99, 3704.14, 3704.144, 3705.24, 130
3706.04, 3706.25, 3709.09, 3710.01, 3710.04, 131
3710.05, 3710.051, 3710.06, 3710.07, 3710.08, 132
3710.12, 3710.13, 3712.01, 3712.03, 3713.01, 133
3713.02, 3713.03, 3713.04, 3713.05, 3713.06, 134
3713.07, 3713.08, 3713.09, 3713.10, 3714.07, 135
3714.073, 3717.07, 3717.23, 3717.25, 3717.43, 136
3717.45, 3718.03, 3718.06, 3721.01, 3721.02, 137
3721.071, 3721.23, 3721.50, 3721.51, 3721.53, 138
3721.55, 3721.56, 3722.01, 3722.011, 3722.02, 139
3722.021, 3722.04, 3722.041, 3722.05, 3722.06, 140
3722.08, 3722.09, 3722.10, 3722.13, 3722.14, 141
3722.15, 3722.16, 3722.17, 3722.18, 3722.99, 142
3727.02, 3729.07, 3733.02, 3733.04, 3733.25, 143
3733.43, 3734.05, 3734.28, 3734.281, 3734.53, 144
3734.57, 3734.573, 3734.82, 3734.901, 3734.9010, 145
3737.71, 3743.04, 3743.25, 3745.015, 3745.11, 146
3748.01, 3748.04, 3748.07, 3748.12, 3748.13, 147
3749.04, 3770.05, 3773.35, 3773.36, 3773.43, 148
3773.45, 3773.53, 3781.03, 3781.10, 3781.102, 149
3781.11, 3781.12, 3781.19, 3783.05, 3791.02, 150
3791.04, 3791.05, 3791.07, 3793.02, 3793.04, 151
3901.38, 3901.383, 3901.3812, 3901.3814, 152
3923.021, 3923.022, 3923.122, 3923.24, 3923.57, 153
3923.58, 3923.581, 3923.66, 3923.67, 3923.68, 154
3923.75, 3923.76, 3923.77, 3924.01, 3924.06, 155
3924.09, 3924.10, 3929.43, 3929.67, 3953.23, 156
3953.231, 4104.01, 4104.02, 4104.06, 4104.07, 157
4104.08, 4104.09, 4104.10, 4104.101, 4104.12, 158
4104.15, 4104.16, 4104.17, 4104.18, 4104.19, 159
4104.21, 4104.33, 4104.42, 4104.43, 4104.44, 160
4104.48, 4105.01, 4105.02, 4105.03, 4105.04, 161
4105.05, 4105.06, 4105.09, 4105.11, 4105.12, 162
4105.13, 4105.15, 4105.16, 4105.17, 4105.191, 163
4105.20, 4105.21, 4112.01, 4112.04, 4112.051, 164
4112.052, 4117.01, 4117.02, 4117.07, 4117.12,165
4117.24, 4121.125, 4123.442, 4141.08, 4141.11, 166
4141.162, 4169.02, 4169.03, 4169.04, 4171.04, 167
4301.333, 4301.334, 4301.351, 4301.354, 4301.355, 168
4301.356, 4301.361, 4301.364, 4301.365, 4301.366, 169
4301.43, 4303.182, 4303.331, 4501.06, 4501.24, 170
4503.068, 4503.10, 4503.103, 4503.19, 4503.191, 171
4503.235, 4503.40, 4503.42, 4503.44, 4505.01, 172
4505.06, 4505.062, 4505.09, 4505.111, 4505.181, 173
4505.20, 4507.03, 4507.24, 4507.45, 4509.101, 174
4510.22, 4511.191, 4511.81, 4513.021, 4513.03, 175
4513.04, 4513.05, 4513.06, 4513.07, 4513.071, 176
4513.09, 4513.11, 4513.111, 4513.12, 4513.13, 177
4513.14, 4513.15, 4513.16, 4513.17, 4513.171, 178
4513.18, 4513.19, 4513.21, 4513.22, 4513.23, 179
4513.24, 4513.242, 4513.28, 4513.60, 4513.65, 180
4513.99, 4517.01, 4517.02, 4517.03, 4517.30, 181
4517.33, 4517.43, 4519.02, 4519.03, 4519.04, 182
4519.44, 4519.59, 4549.10, 4549.12, 4705.09, 183
4705.10, 4709.12, 4713.28, 4713.32, 4713.63, 184
4713.64, 4731.10, 4731.26, 4731.38, 4733.10, 185
4734.25, 4735.06, 4735.09, 4735.12, 4735.13, 186
4735.15, 4740.03, 4740.11, 4740.14, 4741.41, 187
4741.44, 4741.45, 4741.46, 4755.06, 4755.12, 188
4757.10, 4757.31, 4757.36, 4763.01, 4763.03, 189
4763.04, 4763.05, 4763.07, 4763.09, 4763.11, 190
4763.13, 4763.14, 4763.17, 4766.09, 4767.05, 191
4767.07, 4767.08, 4781.01, 4781.02, 4781.04, 192
4781.05, 4781.06, 4781.07, 4905.06, 4919.79, 193
4923.12, 4923.20, 4928.01, 5101.11, 5101.16, 194
5101.162, 5101.26, 5101.33, 5101.34, 5101.47, 195
5101.50, 5101.5212, 5101.54, 5101.541, 196
5101.544, 5101.571, 5101.573, 5101.60, 5101.61, 197
5101.83, 5101.84, 5104.01, 5104.041, 5104.051, 198
5104.30, 5104.32, 5104.341, 5104.35, 5104.38, 199
5104.39, 5104.42, 5107.05, 5107.16, 5107.17, 200
5107.58, 5111.01, 5111.015, 5111.028, 5111.032, 201
5111.033, 5111.034, 5111.06, 5111.176, 5111.222, 202
5111.231, 5111.232, 5111.24, 5111.25, 5111.261, 203
5111.65, 5111.651, 5111.688, 5111.705, 5111.85, 204
5111.851, 5111.874, 5111.875, 5111.89, 5111.891, 205
5111.894, 5111.971, 5112.30, 5112.31, 5112.37, 206
5112.371, 5115.03, 5119.16, 5119.61, 5120.032, 207
5120.033, 5120.09, 5120.135, 5122.31, 5123.049, 208
5123.0412, 5123.0413, 5126.044, 5126.05, 209
5126.054, 5126.055, 5126.0512, 5126.19, 5126.24, 210
5139.43, 5501.04, 5502.01, 5502.12, 5502.14, 211
5502.15, 5505.15, 5701.11, 5703.05, 5703.37, 212
5703.80, 5705.214, 5705.29, 5705.341, 5705.37, 213
5709.62, 5709.63, 5709.632, 5711.33, 5715.02, 214
5715.251, 5715.26, 5717.03, 5717.04, 5725.18, 215
5725.98, 5727.84, 5728.12, 5729.03, 5729.98, 216
5733.01, 5733.04, 5733.98, 5735.142, 5739.01, 217
5739.02, 5739.03, 5739.033, 5739.09, 5739.131, 218
5743.15, 5743.61, 5747.01, 5747.113, 5747.13, 219
5747.16, 5747.98, 5748.02, 5748.03, 5749.02, 220
5749.12, 5751.01, 5751.011, 5751.012, 5751.013, 221
5751.03, 5751.04, 5751.05, 5751.051, 5751.06, 222
5751.08, 5751.09, 5751.20, 5751.21, 5911.10, 223
5913.051, 5913.09, 6103.01, 6103.02, 6109.21, 224
6111.044, 6117.01, 6117.02, and 6119.011; to 225
amend, for the purpose of adopting new section 226
numbers as indicated in parentheses, sections 227
173.43 (173.422), 1517.14 (1547.81), 1517.16 228
(1547.82), 1517.17 (1547.83), 1517.18 (1547.84), 229
3313.174 (3313.82), 3319.233 (3333.049), 3334.03 230
(3334.031), 3701.71 (3727.05), 3701.72 (3727.051), 231
3727.04 (3727.053), 3727.05 (3727.04), 5101.5110 232
(5101.5111), 5111.019 (5111.0120), and 5111.688 233
(5111.689); to enact new sections 173.43, 234
3301.0712, 3319.222, 3334.03, 5101.5110, and 235
5111.688 and sections 9.317, 111.26, 111.27, 236
117.54, 121.16, 121.375, 122.042, 122.12, 237
122.121, 122.85, 123.154, 124.821, 124.822, 238
124.86, 125.20, 125.24, 148.05, 149.308, 150.021, 239
150.051, 153.013, 173.28, 173.402, 173.403, 240
173.421, 173.423, 173.424, 173.425, 173.431, 241
173.432, 173.433, 173.434, 173.501, 173.70, 242
311.32, 737.39, 901.041, 901.91, 927.54, 943.031, 243
1321.521, 1321.531, 1321.532, 1321.533, 1321.534, 244
1321.535, 1321.536, 1321.552, 1321.591, 1321.592, 245
1321.593, 1321.594, 1321.595, 1322.022, 1322.023, 246
1322.024, 1322.065, 1327.501, 1327.71, 1513.021, 247
1547.02, 1547.85, 1547.86, 1547.87, 1751.68, 248
2315.50, 3119.371, 3301.122, 3301.80, 3301.81, 249
3301.82, 3301.83, 3301.90, 3306.01, 3306.011, 250
3306.012, 3306.02, 3306.03, 3306.031, 3306.04, 251
3306.05, 3306.051, 3306.052, 3306.06, 3306.07, 252
3306.08, 3306.09, 3306.091, 3306.10, 3306.11, 253
3306.12, 3306.13, 3306.14, 3306.15, 3306.16, 254
3306.17, 3306.18, 3306.19, 3306.191, 3306.192, 255
3306.21, 3306.22, 3306.25, 3306.29, 3306.291, 256
3306.292, 3306.30, 3306.31, 3306.32, 3306.321, 257
3306.33, 3306.34, 3306.35, 3306.40, 3306.50, 258
3306.51, 3306.52, 3306.53, 3306.54, 3306.55, 259
3306.56, 3306.57, 3310.15, 3311.0510, 3313.485, 260
3313.821, 3313.822, 3314.028, 3314.031, 3314.052, 261
3314.075, 3314.102, 3314.191, 3314.192, 262
3314.39, 3314.42, 3314.43, 3314.44, 3317.018, 263
3318.312, 3319.223, 3319.611, 3319.612, 3319.70, 264
3319.71, 3321.041, 3333.048, 3333.39, 3333.391, 265
3333.392, 3333.90, 3333.91, 3334.032, 3334.111, 266
3345.36, 3353.09, 3353.20, 3354.24, 3365.12, 267
3375.79, 3701.0211, 3701.136, 3701.611, 3702.592, 268
3702.593, 3706.35, 3709.092, 3710.141, 3715.041, 269
3721.511, 3721.512, 3721.513, 3722.022, 3727.052, 270
3734.282, 3793.21, 3903.77, 3923.241, 3923.84, 271
3923.90, 3923.91, 4113.11, 4113.81, 4113.82, 272
4113.83, 4113.84, 4113.85, 4113.86, 4123.446, 273
4501.243, 4501.29, 4503.563, 4582.71, 4781.16, 274
4781.17, 4781.18, 4781.19, 4781.20, 4781.21, 275
4781.22, 4781.23, 4781.24, 4781.25, 4781.99, 276
4919.80, 5101.073, 5101.504, 5101.5210, 277
5101.542, 5111.0121, 5111.236, 5111.861, 5111.88, 278
5111.881, 5111.882, 5111.883, 5111.884, 279
5111.885, 5111.886, 5111.887, 5111.888, 280
5111.889, 5111.8810, 5111.8811, 5112.372, 281
5112.40, 5112.41, 5112.42, 5112.43, 5112.44, 282
5112.45, 5112.451, 5112.46, 5112.47, 5112.48, 283
5119.613, 5119.621, 5119.622, 5155.38, 5505.152, 284
5705.219, 5705.2110, 5725.33, 5729.16, 5733.58, 285
5733.59, 5739.051, 5747.66, 5751.014, 5911.11, 286
5919.20, 5919.36, and 6119.091; to repeal 287
sections 173.71, 173.72, 173.721, 173.722, 288
173.723, 173.724, 173.73, 173.731, 173.732, 289
173.74, 173.741, 173.742, 173.75, 173.751, 290
173.752, 173.753, 173.76, 173.77, 173.771, 291
173.772, 173.773, 173.78, 173.79, 173.791, 292
173.80, 173.801, 173.802, 173.803, 173.81, 293
173.811, 173.812, 173.813, 173.814, 173.815, 294
173.82, 173.83, 173.831, 173.832, 173.833, 295
173.84, 173.85, 173.86, 173.861, 173.87, 296
173.871, 173.872, 173.873, 173.874, 173.875, 297
173.876, 173.88, 173.89, 173.891, 173.892, 298
173.90, 173.91, 905.38, 905.381, 905.66, 907.16, 299
927.74, 1504.01, 1504.02, 1504.03, 1504.04, 300
1517.15, 1521.02, 1711.58, 3301.0712, 3301.0718, 301
3301.43, 3302.032, 3314.026, 3314.085, 3314.13, 302
3317.10, 3319.0810, 3319.222, 3319.23, 3319.302, 303
3319.304, 3333.27, 3701.73, 3701.77, 3701.771, 304
3701.772, 3702.511, 3702.523, 3702.527, 305
3702.528, 3702.529, 3702.542, 3704.143, 3724.01, 306
3724.02, 3724.021, 3724.03, 3724.04, 3724.05, 307
3724.06, 3724.07, 3724.08, 3724.09, 3724.10, 308
3724.11, 3724.12, 3724.13, 3724.99, 4517.052, 309
4517.27, 4735.22, 4735.23, 5101.072, 5111.083, 310
5111.178, 5145.32, and 5923.141 of the Revised 311
Code; to amend Sections 205.10, 321.10, 325.20, 312
and 327.10 of Am. Sub. H.B. 2 of the 128th 313
General Assembly; to amend Section 269.60.60 of 314
H.B. 119 of the 127th General Assembly and to 315
amend Section 269.60.60 of H.B. 119 of the 127th 316
General Assembly to codify the Section as 317
section 3314.38 of the Revised Code; to amend 318
Section 6 of H.B. 364 of the 124th General 319
Assembly and to amend Section 6 of H.B. 364 of 320
the 124th General Assembly to codify the Section 321
as section 3314.027 of the Revised Code; to 322
amend Section 309.10 of Am. Sub. H.B. 2 of the 323
128th General Assembly; to amend Section 317.10 324
of Am. Sub. H.B. 2 of the 128th General Assembly; 325
to amend Sections 103.80.80, 103.80.90, and 326
301.10.50 of H.B. 496 of the 127th General 327
Assembly; to amend Section 11 of Am. Sub. H.B. 554 328
of the 127th General Assembly; to amend Sections 329
233.40.30, 233.50.80, and 701.20 of H.B. 562 of 330
the 127th General Assembly; to amend Section 331
831.06 of H.B. 530 of the 126th General Assembly; 332
to amend Section 4 of H.B. 516 of the 125th 333
General Assembly, as subsequently amended; to 334
amend Section 153 of Am. Sub. H.B. 117 of the 335
121st General Assembly, as subsequently amended; 336
to repeal Section 325.05 of Am. Sub. H.B. 2 of the 337
128th General Assembly; to amend the version of 338
section 2949.111 of the Revised Code that is 339
scheduled to take effect January 1, 2010, to 340
continue the provisions of this act on and after 341
that effective date; to amend the version of 342
section 5739.033 of the Revised Code that is 343
scheduled to take effect January 1, 2010, to 344
continue the provisions of this act on and after 345
that effective date; to amend sections 5104.01 346
and 5104.38 of the Revised Code, effective July 347
1, 2011, to revive the law as it existed prior to 348
this act; to repeal sections 5112.40, 5112.41, 349
5112.42, 5112.43, 5112.44, 5112.45, 5112.451, 350
5112.46, 5112.47, and 5112.48 of the Revised 351
Code, effective October 1, 2011; to make 352
operating appropriations for the biennium 353
beginning July 1, 2009, and ending June 30, 2011, 354
and to provide authorization and conditions for 355
the operation of state programs. 356


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

       Section 101.01. That sections 9.06, 9.314, 107.21, 109.572, 357
109.73, 109.742, 109.744, 109.751, 109.761, 109.77, 109.802, 358
109.803, 118.05, 120.04, 120.08, 120.52, 120.53, 121.04, 121.07, 359
121.08, 121.083, 121.084, 121.13, 121.31, 121.37, 121.40, 360
121.401, 121.402, 122.05, 122.051, 122.075, 122.151, 122.17, 361
122.171, 122.40, 122.603, 122.71, 122.751, 122.76, 122.89, 362
123.01, 123.152, 124.03, 124.04, 124.07, 124.11, 124.134, 363
124.14, 124.15, 124.152, 124.18, 124.181, 124.183, 124.22, 364
124.23, 124.27, 124.321, 124.324, 124.325, 124.34, 124.381, 365
124.382, 124.385, 124.386, 124.392, 124.81, 125.081, 125.22, 366
125.831, 126.05, 126.21, 126.35, 127.16, 131.33, 133.06, 135.03, 367
135.06, 135.08, 135.32, 141.04, 145.012, 145.298, 148.02, 148.04, 368
149.43, 150.01, 150.02, 150.03, 150.04, 150.05, 150.07, 152.09, 369
152.10, 152.12, 152.15, 152.33, 156.01, 156.02, 156.03, 156.04, 370
166.07, 169.08, 173.08, 173.35, 173.392, 173.40, 173.401, 371
173.42, 173.43, 173.50, 173.99, 174.02, 174.03, 174.06, 176.05, 372
307.626, 307.629, 307.79, 311.17, 319.301, 319.302, 319.54, 373
321.24, 323.156, 323.78, 329.03, 329.042, 329.06, 340.033, 374
343.01, 504.21, 718.04, 721.15, 901.20, 901.32, 901.43, 903.082, 375
903.11, 903.25, 905.32, 905.33, 905.331, 905.36, 905.50, 376
905.51, 905.52, 905.56, 907.13, 907.14, 907.30, 907.31, 915.24, 377
918.08, 918.28, 921.02, 921.06, 921.09, 921.11, 921.13, 378
921.16, 921.22, 921.27, 921.29, 923.44, 923.46, 927.51, 927.52, 379
927.53, 927.56, 927.69, 927.70, 927.701, 927.71, 942.01, 380
942.02, 942.06, 942.13, 943.01, 943.02, 943.04, 943.05, 943.06, 381
943.07, 943.13, 943.14, 943.16, 953.21, 953.22, 953.23, 955.201, 382
1321.20, 1321.51, 1321.52, 1321.53, 1321.54, 1321.55, 1321.551, 383
1321.57, 1321.59, 1321.60, 1321.99, 1322.01, 1322.02, 1322.03, 384
1322.031, 1322.04, 1322.041, 1322.05, 1322.051, 1322.052, 385
1322.06, 1322.061, 1322.062, 1322.063, 1322.064, 1322.07, 386
1322.071, 1322.072, 1322.074, 1322.075, 1322.08, 1322.081, 387
1322.09, 1322.10, 1322.11, 1327.46, 1327.50, 1327.51, 1327.511, 388
1327.52, 1327.54, 1327.57, 1327.58, 1327.60, 1327.62, 1327.70, 389
1327.99, 1332.24, 1332.25, 1343.011, 1345.01, 1345.05, 1345.09, 390
1347.08, 1349.31, 1349.43, 1501.01, 1501.05, 1501.07, 1501.30, 391
1502.12, 1506.01, 1507.01, 1511.01, 1511.02, 1511.021, 1511.022, 392
1511.03, 1511.04, 1511.05, 1511.06, 1511.07, 1511.071, 1511.08, 393
1514.08, 1514.13, 1515.08, 1515.14, 1515.183, 1517.02, 394
1517.10, 1517.11, 1517.14, 1517.16, 1517.17, 1517.18, 1519.03, 395
1520.02, 1520.03, 1521.03, 1521.031, 1521.04, 1521.05, 1521.06, 396
1521.061, 1521.062, 1521.063, 1521.064, 1521.07, 1521.10, 397
1521.11, 1521.12, 1521.13, 1521.14, 1521.15, 1521.16, 1521.18, 398
1521.19, 1523.01, 1523.02, 1523.03, 1523.04, 1523.05, 1523.06, 399
1523.07, 1523.08, 1523.09, 1523.10, 1523.11, 1523.12, 1523.13, 400
1523.14, 1523.15, 1523.16, 1523.17, 1523.18, 1523.19, 1523.20, 401
1531.01, 1533.10, 1533.11, 1541.03, 1547.01, 1547.51, 1547.52, 402
1547.531, 1547.54, 1547.542, 1547.73, 1547.99, 1548.10, 1707.17, 403
1707.18, 1707.37, 1710.01, 1710.02, 1710.03, 1710.04, 1710.06, 404
1710.10, 1710.13, 1724.04, 1739.05, 1751.03, 1751.04, 1751.05, 405
1751.14, 1751.15, 1751.16, 1751.19, 1751.32, 1751.321, 406
1751.34, 1751.35, 1751.36, 1751.45, 1751.46, 1751.48, 1751.831, 407
1751.84, 1751.85, 1753.09, 1901.26, 1901.31, 1907.24, 2101.01, 408
2151.011, 2301.02, 2301.03, 2303.201, 2317.422, 2503.17, 2903.13, 409
2903.21, 2903.211, 2903.22, 2903.33, 2911.21, 2913.46, 2921.13,410
2937.22, 2949.091, 2949.111, 2949.17, 2981.13, 3105.87, 3119.01, 411
3121.037, 3121.0311, 3121.19, 3121.20, 3121.898, 3123.952, 412
3125.25, 3301.07, 3301.073, 3301.079, 3301.0710, 3301.0711, 413
3301.0714, 3301.0715, 3301.0716, 3301.12, 3301.16, 3301.42, 414
3301.55, 3301.68, 3302.01, 3302.02, 3302.021, 3302.03, 415
3302.031, 3302.05, 3302.07, 3304.231, 3307.31, 3307.64, 416
3309.41, 3309.48, 3309.51, 3310.03, 3310.08, 3310.09, 3310.11, 417
3310.14, 3310.41, 3311.06, 3311.19, 3311.21, 3311.29, 3311.52, 418
3311.76, 3313.174, 3313.41, 3313.48, 3313.481, 3313.482, 419
3313.483, 3313.53, 3313.532, 3313.533, 3313.536, 3313.55, 420
3313.60, 3313.603, 3313.605, 3313.607, 3313.608, 3313.61, 421
3313.611, 3313.612, 3313.614, 3313.615, 3313.62, 3313.64, 422
3313.642, 3313.6410, 3313.65, 3313.671, 3313.673, 3313.68, 423
3313.713, 3313.843, 3313.976, 3313.978, 3313.98, 3313.981, 424
3314.012, 3314.015, 3314.016, 3314.02, 3314.021, 3314.024, 425
3314.03, 3314.051, 3314.08, 3314.083, 3314.084, 3314.087, 426
3314.091, 3314.10, 3314.19, 3314.21, 3314.25, 3314.26, 3314.35, 427
3314.36, 3315.17, 3315.37, 3316.041, 3316.06, 3316.20, 3317.01, 428
3317.011, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 429
3317.025, 3317.0210, 3317.0211, 3317.0216, 3317.03, 3317.031, 430
3317.04, 3317.05, 3317.051, 3317.053, 3317.061, 3317.063, 431
3317.08, 3317.081, 3317.082, 3317.12, 3317.16, 3317.18, 432
3317.20, 3317.201, 3318.011, 3318.051, 3318.061, 3318.08, 433
3318.36, 3318.38, 3318.44, 3319.073, 3319.08, 3319.081, 434
3319.088, 3319.11, 3319.151, 3319.16, 3319.17, 3319.172, 435
3319.22, 3319.221, 3319.233, 3319.234, 3319.235, 3319.24, 436
3319.25, 3319.26, 3319.261, 3319.28, 3319.291, 3319.303, 437
3319.36, 3319.41, 3319.51, 3319.56, 3319.57, 3319.60, 3319.61, 438
3319.63, 3321.01, 3321.05, 3323.05, 3323.091, 3323.14, 439
3323.142, 3324.05, 3325.08, 3326.11, 3326.14, 3326.21, 3326.23, 440
3326.31, 3326.32, 3326.33, 3326.34, 3326.36, 3326.37, 3326.38, 441
3326.51, 3327.02, 3327.04, 3327.05, 3329.16, 3333.04, 3333.122, 442
3333.123, 3333.16, 3333.28, 3333.35, 3333.38, 3333.61, 3333.62, 443
3333.66, 3333.73, 3333.83, 3334.01, 3334.02, 3334.03, 3334.04, 444
3334.06, 3334.07, 3334.08, 3334.09, 3334.10, 3334.11, 3334.12, 445
3334.16, 3334.17, 3334.18, 3334.19, 3334.20, 3334.21, 3345.011, 446
3345.12, 3345.32, 3345.61, 3345.62, 3345.63, 3345.64, 3345.65, 447
3345.66, 3349.242, 3365.01, 3365.04, 3365.041, 3365.07, 448
3365.08, 3365.09, 3365.10, 3501.17, 3701.024, 3701.045, 449
3701.07, 3701.344, 3701.71, 3701.72, 3701.78, 3701.84, 3702.51, 450
3702.52, 3702.524, 3702.525, 3702.53, 3702.532, 3702.54, 451
3702.544, 3702.55, 3702.57, 3702.59, 3702.60, 3702.61, 3702.87, 452
3702.89, 3702.90, 3702.91, 3702.92, 3702.93, 3702.94, 3703.01, 453
3703.03, 3703.04, 3703.05, 3703.06, 3703.07, 3703.08, 3703.10, 454
3703.21, 3703.99, 3704.14, 3704.144, 3705.24, 3706.04, 3706.25, 455
3709.09, 3710.01, 3710.04, 3710.05, 3710.051, 3710.06, 3710.07, 456
3710.08, 3710.12, 3710.13, 3712.01, 3712.03, 3713.01, 3713.02, 457
3713.03, 3713.04, 3713.05, 3713.06, 3713.07, 3713.08, 3713.09, 458
3713.10, 3714.07, 3714.073, 3717.07, 3717.23, 3717.25, 3717.43, 459
3717.45, 3718.03, 3718.06, 3721.01, 3721.02, 3721.071, 3721.23, 460
3721.50, 3721.51, 3721.53, 3721.55, 3721.56, 3722.01, 3722.011, 461
3722.02, 3722.021, 3722.04, 3722.041, 3722.05, 3722.06, 462
3722.08, 3722.09, 3722.10, 3722.13, 3722.14, 3722.15, 3722.16, 463
3722.17, 3722.18, 3722.99, 3727.02, 3729.07, 3733.02, 3733.04, 464
3733.25, 3733.43, 3734.05, 3734.28, 3734.281, 3734.53, 3734.57, 465
3734.573, 3734.82, 3734.901, 3734.9010, 3737.71, 3743.04, 466
3743.25, 3745.015, 3745.11, 3748.01, 3748.04, 3748.07, 467
3748.12, 3748.13, 3749.04, 3770.05, 3773.35, 3773.36, 3773.43, 468
3773.45, 3773.53, 3781.03, 3781.10, 3781.102, 3781.11, 3781.12, 469
3781.19, 3783.05, 3791.02, 3791.04, 3791.05, 3791.07, 3793.02, 470
3793.04, 3901.38, 3901.383, 3901.3812, 3901.3814, 3923.021, 471
3923.022, 3923.122, 3923.24, 3923.57, 3923.58, 3923.581, 472
3923.66, 3923.67, 3923.68, 3923.75, 3923.76, 3923.77, 3924.01, 473
3924.06, 3924.09, 3924.10, 3929.43, 3929.67, 3953.23, 474
3953.231, 4104.01, 4104.02, 4104.06, 4104.07, 4104.08, 475
4104.09, 4104.10, 4104.101, 4104.12, 4104.15, 4104.16, 4104.17, 476
4104.18, 4104.19, 4104.21, 4104.33, 4104.42, 4104.43, 4104.44, 477
4104.48, 4105.01, 4105.02, 4105.03, 4105.04, 4105.05, 4105.06, 478
4105.09, 4105.11, 4105.12, 4105.13, 4105.15, 4105.16, 4105.17, 479
4105.191, 4105.20, 4105.21, 4112.01, 4112.04, 4112.051, 480
4112.052, 4117.01, 4117.02, 4117.07, 4117.12, 4117.24, 481
4121.125, 4123.442, 4141.08, 4141.11, 4141.162, 4169.02, 482
4169.03, 4169.04, 4171.04, 4301.333, 4301.334, 4301.351, 483
4301.354, 4301.355, 4301.356, 4301.361, 4301.364, 4301.365, 484
4301.366, 4301.43, 4303.182, 4303.331, 4501.06, 4501.24, 485
4503.068, 4503.10, 4503.103, 4503.19, 4503.191, 4503.235, 486
4503.40, 4503.42, 4503.44, 4505.01, 4505.06, 4505.062, 4505.09, 487
4505.111, 4505.181, 4505.20, 4507.03, 4507.24, 4507.45, 4509.101, 488
4510.22, 4511.191, 4511.81, 4513.021, 4513.03, 4513.04, 489
4513.05, 4513.06, 4513.07, 4513.071, 4513.09, 4513.11, 4513.111, 490
4513.12, 4513.13, 4513.14, 4513.15, 4513.16, 4513.17, 4513.171, 491
4513.18, 4513.19, 4513.21, 4513.22, 4513.23, 4513.24, 4513.242, 492
4513.28, 4513.60, 4513.65, 4513.99, 4517.01, 4517.02, 4517.03, 493
4517.30, 4517.33, 4517.43, 4519.02, 4519.03, 4519.04, 4519.44, 494
4519.59, 4549.10, 4549.12, 4705.09, 4705.10, 4709.12, 4713.28, 495
4713.32, 4713.63, 4713.64, 4731.10, 4731.26, 4731.38, 4733.10, 496
4734.25, 4735.06, 4735.09, 4735.12, 4735.13, 4735.15, 4740.03, 497
4740.11, 4740.14, 4741.41, 4741.44, 4741.45, 4741.46, 4755.06, 498
4755.12, 4757.10, 4757.31, 4757.36, 4763.01, 4763.03, 499
4763.04, 4763.05, 4763.07, 4763.09, 4763.11, 4763.13, 4763.14, 500
4763.17, 4766.09, 4767.05, 4767.07, 4767.08, 4781.01, 501
4781.02, 4781.04, 4781.05, 4781.06, 4781.07, 4905.06, 4919.79, 502
4923.12, 4923.20, 4928.01, 5101.11, 5101.16, 5101.162, 5101.26,503
5101.33, 5101.34, 5101.47, 5101.50, 5101.5212, 5101.54, 504
5101.541, 5101.544, 5101.571, 5101.573, 5101.60, 5101.61, 505
5101.83, 5101.84, 5104.01, 5104.041, 5104.051, 5104.30, 5104.32, 506
5104.341, 5104.35, 5104.38, 5104.39, 5104.42, 5107.05, 5107.16, 507
5107.17, 5107.58, 5111.01, 5111.015, 5111.028, 5111.032, 508
5111.033, 5111.034, 5111.06, 5111.176, 5111.222, 5111.231, 509
5111.232, 5111.24, 5111.25, 5111.261, 5111.65, 5111.651, 510
5111.688, 5111.705, 5111.85, 5111.851, 5111.874, 5111.875, 511
5111.89, 5111.891, 5111.894, 5111.971, 5112.30, 5112.31, 5112.37, 512
5112.371, 5115.03, 5119.16, 5119.61, 5120.032, 5120.033, 513
5120.09, 5120.135, 5122.31, 5123.049, 5123.0412, 5123.0413, 514
5126.044, 5126.05, 5126.054, 5126.055, 5126.0512, 5126.19, 515
5126.24, 5139.43, 5501.04, 5502.01, 5502.12, 5502.14, 5502.15, 516
5505.15, 5701.11, 5703.05, 5703.37, 5703.80, 5705.214, 5705.29, 517
5705.341, 5705.37, 5709.62, 5709.63, 5709.632, 5711.33, 5715.02, 518
5715.251, 5715.26, 5717.03, 5717.04, 5725.18, 5725.98, 519
5727.84, 5728.12, 5729.03, 5729.98, 5733.01, 5733.04, 5733.98, 520
5735.142, 5739.01, 5739.02, 5739.03, 5739.033, 5739.09, 521
5739.131, 5743.15, 5743.61, 5747.01, 5747.113, 5747.13, 5747.16, 522
5747.98, 5748.02, 5748.03, 5749.02, 5749.12, 5751.01, 5751.011, 523
5751.012, 5751.013, 5751.03, 5751.04, 5751.05, 5751.051, 524
5751.06, 5751.08, 5751.09, 5751.20, 5751.21, 5911.10, 5913.051, 525
5913.09, 6103.01, 6103.02, 6109.21, 6111.044, 6117.01, 6117.02, 526
and 6119.011 be amended; sections 173.43 (173.422), 1517.14 527
(1547.81), 1517.16 (1547.82), 1517.17 (1547.83), 1517.18 528
(1547.84), 3313.174 (3313.82), 3319.233 (3333.049), 3334.03 529
(3334.031), 3701.71 (3727.05), 3701.72 (3727.051), 3727.04 530
(3727.053), 3727.05 (3727.04), 5101.5110 (5101.5111), 5111.019 531
(5111.0120), and 5111.688 (5111.689) be amended for the purpose 532
of adopting new section numbers as indicated in parentheses; new 533
sections 173.43, 3301.0712, 3319.222, 3334.03, 5101.5110, and 534
5111.688 and sections 9.317, 111.26, 111.27, 117.54, 121.16, 535
121.375, 122.042, 122.12, 122.121, 122.85, 123.154, 124.821, 536
124.822, 124.86, 125.20, 125.24, 148.05, 149.308, 150.021, 537
150.051, 153.013, 173.28, 173.402, 173.403, 173.421, 173.423, 538
173.424, 173.425, 173.431, 173.432, 173.433, 173.434, 173.501, 539
173.70, 311.32, 737.39, 901.041, 901.91, 927.54, 943.031, 540
1321.521, 1321.531, 1321.532, 1321.533, 1321.534, 1321.535, 541
1321.536, 1321.552, 1321.591, 1321.592, 1321.593, 1321.594, 542
1321.595, 1322.022, 1322.023, 1322.024, 1322.065, 1327.501, 543
1327.71, 1513.021, 1547.02, 1547.85, 1547.86, 1547.87, 1751.68, 544
2315.50, 3119.371, 3301.122, 3301.80, 3301.81, 3301.82, 3301.83, 545
3301.90, 3306.01, 3306.011, 3306.012, 3306.02, 3306.03, 3306.031, 546
3306.04, 3306.05, 3306.051, 3306.052, 3306.06, 3306.07, 547
3306.08, 3306.09, 3306.091, 3306.10, 3306.11, 3306.12, 3306.13, 548
3306.14, 3306.15, 3306.16, 3306.17, 3306.18, 3306.19, 3306.191, 549
3306.192, 3306.21, 3306.22, 3306.25, 3306.29, 3306.291, 3306.292, 550
3306.30, 3306.31, 3306.32, 3306.321, 3306.33, 3306.34, 3306.35, 551
3306.40, 3306.50, 3306.51, 3306.52, 3306.53, 3306.54, 3306.55, 552
3306.56, 3306.57, 3310.15, 3311.0510, 3313.485, 3313.821, 553
3313.822, 3314.028, 3314.031, 3314.052, 3314.075, 3314.102, 554
3314.191, 3314.192, 3314.39, 3314.42, 3314.43, 3314.44, 555
3317.018, 3318.312, 3319.223, 3319.611, 3319.612, 3319.70, 556
3319.71, 3321.041, 3333.048, 3333.39, 3333.391, 3333.392, 557
3333.90, 3333.91, 3334.032, 3334.111, 3345.36, 3353.09, 3353.20, 558
3354.24, 3365.12, 3375.79, 3701.0211, 3701.136, 3701.611, 559
3702.592, 3702.593, 3706.35, 3709.092, 3710.141, 3715.041, 560
3721.511, 3721.512, 3721.513, 3722.022, 3727.052, 3734.282, 561
3793.21, 3903.77, 3923.241, 3923.84, 3923.90, 3923.91, 4113.11, 562
4113.81, 4113.82, 4113.83, 4113.84, 4113.85, 4113.86, 4123.446, 563
4501.243, 4501.29, 4503.563, 4582.71, 4781.16, 4781.17, 564
4781.18, 4781.19, 4781.20, 4781.21, 4781.22, 4781.23, 4781.24, 565
4781.25, 4781.99, 4919.80, 5101.073, 5101.504, 5101.5210, 566
5101.542, 5111.0121, 5111.236, 5111.861, 5111.88, 5111.881, 567
5111.882, 5111.883, 5111.884, 5111.885, 5111.886, 5111.887, 568
5111.888, 5111.889, 5111.8810, 5111.8811, 5112.372, 5112.40, 569
5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.451, 5112.46, 570
5112.47, 5112.48, 5119.613, 5119.621, 5119.622, 5155.38, 571
5505.152, 5705.219, 5705.2110, 5725.33, 5729.16, 5733.58, 572
5733.59, 5739.051, 5747.66, 5751.014, 5911.11, 5919.20, 573
5919.36, and 6119.091 of the Revised Code be enacted; that 574
Section 6 of H.B. 364 of the 124th General Assembly be amended 575
and Section 6 of H.B. 364 of the 124th General Assembly be 576
amended to codify as section 3314.027 of the Revised Code; and 577
that Section 269.60.60 of H.B. 119 of the 127th General 578
Assembly be amended and Section 269.60.60 of H.B. 119 of the 579
127th General Assembly be amended to codify as section 3314.38 580
of the Revised Code to read as follows:581

       Sec. 9.06.  (A)(1) The department of rehabilitation and582
correction shallmay contract for the private operation and 583
management pursuant to this section of the initial intensive 584
program prison established pursuant to section 5120.033 of the585
Revised Code, if one or more intensive program prisons are 586
established under that section, and may contract for the private 587
operation and management of any other facility under this section. 588
Counties and municipal corporations to the extent authorized in 589
sections 307.93, 341.35, 753.03, and 753.15 of the Revised Code 590
may contract for the private operation and management of a 591
facility under this section. A contract entered into under this 592
section shall be for an initial term of not more than two years 593
with an option to renew for additional periods of two years.594

       (2) The department of rehabilitation and correction, by rule, 595
shall adopt minimum criteria and specifications that a person or 596
entity, other than a person or entity that satisfies the criteria 597
set forth in division (A)(3)(a) of this section and subject to 598
division (I) of this section, must satisfy in order to apply to 599
operate and manage as a contractor pursuant to this section the 600
initial intensive program prison established pursuant to section 601
5120.033 of the Revised Code if one or more intensive program 602
prisons are established under that section.603

       (3) Subject to division (I) of this section, any person or604
entity that applies to operate and manage a facility as a605
contractor pursuant to this section shall satisfy one or more of606
the following criteria:607

       (a) The person or entity is accredited by the American608
correctional association and, at the time of the application,609
operates and manages one or more facilities accredited by the610
American correctional association.611

       (b) The person or entity satisfies all of the minimum612
criteria and specifications adopted by the department of613
rehabilitation and correction pursuant to division (A)(2) of this614
section, provided that this alternative shall be available only in615
relation to the initial intensive program prison established616
pursuant to section 5120.033 of the Revised Code, if one or more 617
intensive program prisons are established under that section.618

       (4) Subject to division (I) of this section, before a public619
entity may enter into a contract under this section, the620
contractor shall convincingly demonstrate to the public entity621
that it can operate the facility with the inmate capacity required622
by the public entity and provide the services required in this623
section and realize at least a five per cent savings over the624
projected cost to the public entity of providing these same625
services to operate the facility that is the subject of the626
contract. No out-of-state prisoners may be housed in any facility627
that is the subject of a contract entered into under this section.628

       (B) Subject to division (I) of this section, any contract629
entered into under this section shall include all of the630
following:631

       (1) A requirement that the contractor retain the contractor's 632
accreditation from the American correctional association633
throughout the contract term or, if the contractor applied 634
pursuant to division (A)(3)(b) of this section, continue complying 635
with the applicable criteria and specifications adopted by the 636
department of rehabilitation and correction pursuant to division637
(A)(2) of this section;638

       (2) A requirement that all of the following conditions be639
met:640

       (a) The contractor begins the process of accrediting the641
facility with the American correctional association no later than642
sixty days after the facility receives its first inmate.643

       (b) The contractor receives accreditation of the facility644
within twelve months after the date the contractor applies to the645
American correctional association for accreditation.646

       (c) Once the accreditation is received, the contractor647
maintains it for the duration of the contract term.648

       (d) If the contractor does not comply with divisions649
(B)(2)(a) to (c) of this section, the contractor is in violation650
of the contract, and the public entity may revoke the contract at651
its discretion.652

       (3) A requirement that the contractor comply with all rules653
promulgated by the department of rehabilitation and correction654
that apply to the operation and management of correctional655
facilities, including the minimum standards for jails in Ohio and656
policies regarding the use of force and the use of deadly force,657
although the public entity may require more stringent standards,658
and comply with any applicable laws, rules, or regulations of the659
federal, state, and local governments, including, but not limited660
to, sanitation, food service, safety, and health regulations. The661
contractor shall be required to send copies of reports of662
inspections completed by the appropriate authorities regarding663
compliance with rules and regulations to the director of664
rehabilitation and correction or the director's designee and, if665
contracting with a local public entity, to the governing authority666
of that entity.667

       (4) A requirement that the contractor report for668
investigation all crimes in connection with the facility to the669
public entity, to all local law enforcement agencies with670
jurisdiction over the place at which the facility is located, and,671
for a crime committed at a state correctional institution, to the672
state highway patrol;673

       (5) A requirement that the contractor immediately report all674
escapes from the facility, and the apprehension of all escapees,675
by telephone and in writing to all local law enforcement agencies676
with jurisdiction over the place at which the facility is located,677
to the prosecuting attorney of the county in which the facility is678
located, to the state highway patrol, to a daily newspaper having679
general circulation in the county in which the facility is680
located, and, if the facility is a state correctional institution, 681
to the department of rehabilitation and correction. The written 682
notice may be by either facsimile transmission or mail. A failure 683
to comply with this requirement regarding an escape is a violation 684
of section 2921.22 of the Revised Code.685

       (6) A requirement that, if the facility is a state686
correctional institution, the contractor provide a written report687
within specified time limits to the director of rehabilitation and688
correction or the director's designee of all unusual incidents at689
the facility as defined in rules promulgated by the department of690
rehabilitation and correction or, if the facility is a local691
correctional institution, that the contractor provide a written692
report of all unusual incidents at the facility to the governing693
authority of the local public entity;694

       (7) A requirement that the contractor maintain proper control 695
of inmates' personal funds pursuant to rules promulgated by the 696
department of rehabilitation and correction for state correctional 697
institutions or pursuant to the minimum standards for jails along 698
with any additional standards established by the local public699
entity for local correctional institutions and that records 700
pertaining to these funds be made available to representatives of 701
the public entity for review or audit;702

       (8) A requirement that the contractor prepare and distribute703
to the director of rehabilitation and correction or, if704
contracting with a local public entity, to the governing authority705
of the local entity annual budget income and expenditure706
statements and funding source financial reports;707

       (9) A requirement that the public entity appoint and708
supervise a full-time contract monitor, that the contractor709
provide suitable office space for the contract monitor at the710
facility, and that the contractor allow the contract monitor711
unrestricted access to all parts of the facility and all records712
of the facility except the contractor's financial records;713

       (10) A requirement that if the facility is a state714
correctional institution designated department of rehabilitation715
and correction staff members be allowed access to the facility in716
accordance with rules promulgated by the department;717

       (11) A requirement that the contractor provide internal and718
perimeter security as agreed upon in the contract;719

       (12) If the facility is a state correctional institution, a720
requirement that the contractor impose discipline on inmates721
housed in a state correctional institution only in accordance with 722
rules promulgated by the department of rehabilitation and723
correction;724

       (13) A requirement that the facility be staffed at all times725
with a staffing pattern approved by the public entity and adequate726
both to ensure supervision of inmates and maintenance of security727
within the facility and to provide for programs, transportation,728
security, and other operational needs. In determining security729
needs, the contractor shall be required to consider, among other730
things, the proximity of the facility to neighborhoods and731
schools.732

       (14) If the contract is with a local public entity, a733
requirement that the contractor provide services and programs,734
consistent with the minimum standards for jails promulgated by the735
department of rehabilitation and correction under section 5120.10736
of the Revised Code;737

       (15) A clear statement that no immunity from liability738
granted to the state, and no immunity from liability granted to739
political subdivisions under Chapter 2744. of the Revised Code,740
shall extend to the contractor or any of the contractor's741
employees;742

       (16) A statement that all documents and records relevant to743
the facility shall be maintained in the same manner required for,744
and subject to the same laws, rules, and regulations as apply to,745
the records of the public entity;746

       (17) Authorization for the public entity to impose a fine on747
the contractor from a schedule of fines included in the contract748
for the contractor's failure to perform its contractual duties or749
to cancel the contract, as the public entity considers750
appropriate. If a fine is imposed, the public entity may reduce751
the payment owed to the contractor pursuant to any invoice in the752
amount of the imposed fine.753

       (18) A statement that all services provided or goods produced 754
at the facility shall be subject to the same regulations, and the 755
same distribution limitations, as apply to goods and services 756
produced at other correctional institutions;757

       (19) Authorization for the department to establish one or758
more prison industries at a facility operated and managed by a759
contractor for the department;760

       (20) A requirement that, if the facility is an intensive761
program prison established pursuant to section 5120.033 of the762
Revised Code, the facility shall comply with all criteria for763
intensive program prisons of that type that are set forth in that764
section;765

       (21) If the institution is a state correctional institution,766
a requirement that the contractor provide clothing for all inmates767
housed in the facility that is conspicuous in its color, style, or768
color and style, that conspicuously identifies its wearer as an769
inmate, and that is readily distinguishable from clothing of a770
nature that normally is worn outside the facility by non-inmates,771
that the contractor require all inmates housed in the facility to772
wear the clothing so provided, and that the contractor not permit773
any inmate, while inside or on the premises of the facility or774
while being transported to or from the facility, to wear any775
clothing of a nature that does not conspicuously identify its776
wearer as an inmate and that normally is worn outside the facility777
by non-inmates.778

       (C) No contract entered into under this section may require,779
authorize, or imply a delegation of the authority or780
responsibility of the public entity to a contractor for any of the781
following:782

       (1) Developing or implementing procedures for calculating783
inmate release and parole eligibility dates and recommending the784
granting or denying of parole, although the contractor may submit785
written reports that have been prepared in the ordinary course of786
business;787

       (2) Developing or implementing procedures for calculating and 788
awarding earned credits, approving the type of work inmates may 789
perform and the wage or earned credits, if any, that may be790
awarded to inmates engaging in that work, and granting, denying,791
or revoking earned credits;792

       (3) For inmates serving a term imposed for a felony offense793
committed prior to July 1, 1996, or for a misdemeanor offense,794
developing or implementing procedures for calculating and awarding795
good time, approving the good time, if any, that may be awarded to796
inmates engaging in work, and granting, denying, or revoking good797
time;798

       (4) Classifying an inmate or placing an inmate in a more or799
a less restrictive custody than the custody ordered by the public800
entity;801

       (5) Approving inmates for work release;802

       (6) Contracting for local or long distance telephone services 803
for inmates or receiving commissions from those services at a 804
facility that is owned by or operated under a contract with the 805
department.806

       (D) A contractor that has been approved to operate a facility 807
under this section, and a person or entity that enters into a 808
contract for specialized services, as described in division (I) of 809
this section, relative to an intensive program prison established 810
pursuant to section 5120.033 of the Revised Code to be operated by 811
a contractor that has been approved to operate the prison under 812
this section, shall provide an adequate policy of insurance 813
specifically including, but not limited to, insurance for civil 814
rights claims as determined by a risk management or actuarial firm 815
with demonstrated experience in public liability for state816
governments. The insurance policy shall provide that the state, 817
including all state agencies, and all political subdivisions of 818
the state with jurisdiction over the facility or in which a 819
facility is located are named as insured, and that the state and 820
its political subdivisions shall be sent any notice of821
cancellation. The contractor may not self-insure.822

       A contractor that has been approved to operate a facility823
under this section, and a person or entity that enters into a824
contract for specialized services, as described in division (I) of825
this section, relative to an intensive program prison established826
pursuant to section 5120.033 of the Revised Code to be operated by827
a contractor that has been approved to operate the prison under828
this section, shall indemnify and hold harmless the state, its829
officers, agents, and employees, and any local government entity830
in the state having jurisdiction over the facility or ownership of831
the facility, shall reimburse the state for its costs in defending832
the state or any of its officers, agents, or employees, and shall833
reimburse any local government entity of that nature for its costs834
in defending the local government entity, from all of the835
following:836

       (1) Any claims or losses for services rendered by the837
contractor, person, or entity performing or supplying services in838
connection with the performance of the contract;839

       (2) Any failure of the contractor, person, or entity or its840
officers or employees to adhere to the laws, rules, regulations,841
or terms agreed to in the contract;842

       (3) Any constitutional, federal, state, or civil rights claim 843
brought against the state related to the facility operated and 844
managed by the contractor;845

       (4) Any claims, losses, demands, or causes of action arising846
out of the contractor's, person's, or entity's activities in this847
state;848

       (5) Any attorney's fees or court costs arising from any849
habeas corpus actions or other inmate suits that may arise from850
any event that occurred at the facility or was a result of such an851
event, or arise over the conditions, management, or operation of852
the facility, which fees and costs shall include, but not be853
limited to, attorney's fees for the state's representation and for854
any court-appointed representation of any inmate, and the costs of855
any special judge who may be appointed to hear those actions or856
suits.857

       (E) Private correctional officers of a contractor operating858
and managing a facility pursuant to a contract entered into under859
this section may carry and use firearms in the course of their860
employment only after being certified as satisfactorily completing861
an approved training program as described in division (A) of862
section 109.78 of the Revised Code.863

       (F) Upon notification by the contractor of an escape from, or 864
of a disturbance at, the facility that is the subject of a865
contract entered into under this section, the department of866
rehabilitation and correction and state and local law enforcement867
agencies shall use all reasonable means to recapture escapees or868
quell any disturbance. Any cost incurred by the state or its869
political subdivisions relating to the apprehension of an escapee870
or the quelling of a disturbance at the facility shall be871
chargeable to and borne by the contractor. The contractor shall872
also reimburse the state or its political subdivisions for all873
reasonable costs incurred relating to the temporary detention of874
the escapee following recapture.875

       (G) Any offense that would be a crime if committed at a state 876
correctional institution or jail, workhouse, prison, or other 877
correctional facility shall be a crime if committed by or with 878
regard to inmates at facilities operated pursuant to a contract 879
entered into under this section.880

       (H) A contractor operating and managing a facility pursuant881
to a contract entered into under this section shall pay any inmate882
workers at the facility at the rate approved by the public entity.883
Inmates working at the facility shall not be considered employees884
of the contractor.885

       (I) In contracting for the private operation and management886
pursuant to division (A) of this section of the initialany887
intensive program prison established pursuant to section 5120.033 888
of the Revised Code or of any other intensive program prison 889
established pursuant to that section, the department of890
rehabilitation and correction may enter into a contract with a 891
contractor for the general operation and management of the prison 892
and may enter into one or more separate contracts with other 893
persons or entities for the provision of specialized services for 894
persons confined in the prison, including, but not limited to, 895
security or training services or medical, counseling, educational,896
or similar treatment programs. If, pursuant to this division, the 897
department enters into a contract with a contractor for the898
general operation and management of the prison and also enters 899
into one or more specialized service contracts with other persons 900
or entities, all of the following apply:901

       (1) The contract for the general operation and management902
shall comply with all requirements and criteria set forth in this903
section, and all provisions of this section apply in relation to904
the prison operated and managed pursuant to the contract.905

       (2) Divisions (A)(2), (B), and (C) of this section do not906
apply in relation to any specialized services contract, except to907
the extent that the provisions of those divisions clearly are908
relevant to the specialized services to be provided under the909
specialized services contract. Division (D) of this section910
applies in relation to each specialized services contract.911

       (J) As used in this section:912

       (1) "Public entity" means the department of rehabilitation913
and correction, or a county or municipal corporation or a914
combination of counties and municipal corporations, that has915
jurisdiction over a facility that is the subject of a contract916
entered into under this section.917

       (2) "Local public entity" means a county or municipal918
corporation, or a combination of counties and municipal919
corporations, that has jurisdiction over a jail, workhouse, or920
other correctional facility used only for misdemeanants that is921
the subject of a contract entered into under this section.922

       (3) "Governing authority of a local public entity" means, for923
a county, the board of county commissioners; for a municipal924
corporation, the legislative authority; for a combination of925
counties and municipal corporations, all the boards of county926
commissioners and municipal legislative authorities that joined to927
create the facility.928

       (4) "Contractor" means a person or entity that enters into a929
contract under this section to operate and manage a jail,930
workhouse, or other correctional facility.931

       (5) "Facility" means the specific county, multicounty,932
municipal, municipal-county, or multicounty-municipal jail,933
workhouse, prison, or other type of correctional institution or934
facility used only for misdemeanants, or a state correctional935
institution, that is the subject of a contract entered into under936
this section.937

       (6) "Person or entity" in the case of a contract for the938
private operation and management of a state correctional939
institution, includes an employee organization, as defined in940
section 4117.01 of the Revised Code, that represents employees at941
state correctional institutions.942

       Sec. 9.314.  (A) As used in this section:943

       (1) "Contracting authority" has the same meaning as in944
section 307.92 of the Revised Code.945

       (2) "Political subdivision" means a municipal corporation,946
township, county, school district, or other body corporate and947
politic responsible for governmental activities only in geographic948
areas smaller than that of the state and also includes a949
contracting authority.950

       (3) "Reverse auction" means a purchasing process in which951
offerors submit proposals in competing to sell services or952
supplies in an open environment via the internet.953

       (4) "Services" means the furnishing of labor, time, or effort 954
by a person, not involving the delivery of a specific end product 955
other than a report which, if provided, is merely incidental to 956
the required performance. "Services" does not include services 957
furnished pursuant to employment agreements or collective 958
bargaining agreements.959

       (5) "Supplies" means all property, including, but not limited 960
to, equipment, materials, other tangible assets, and insurance, 961
but excluding real property or interests in real property.962

       (B)(1) Whenever any political subdivision determines that the 963
use of a reverse auction is advantageous to the political 964
subdivision, the political subdivision, in accordance with this965
section and rules the political subdivision shall adopt, may 966
purchase services or supplies by reverse auction.967

       (2) A political subdivision shall not purchase supplies or 968
services by reverse auction if the contract concerns the design, 969
construction, alteration, repair, reconstruction, or demolition of 970
a building, highway, road, street, alley, drainage system, water 971
system, waterworks, ditch, sewer, sewage disposal plant, or any 972
other structure or works of any kind.973

       (C) A political subdivision shall solicit proposals through a 974
request for proposals. The request for proposals shall state the975
relative importance of price and other evaluation factors. The 976
political subdivision shall give notice of the request for977
proposals in accordance with the rules it adopts.978

       (D) As provided in the request for proposals and in the rules 979
a political subdivision adopts, and to ensure full understanding 980
of and responsiveness to solicitation requirements, the political 981
subdivision may conduct discussions with responsible offerors who 982
submit proposals determined to be reasonably susceptible of being 983
selected for award. The political subdivision shall accord 984
offerors fair and equal treatment with respect to any opportunity 985
for discussion regarding any clarification, correction, or 986
revision of their proposals.987

       (E) A political subdivision may award a contract to the988
offeror whose proposal the political subdivision determines to be989
the most advantageous to the political subdivision, taking into990
consideration factors such as price and the evaluation criteria991
set forth in the request for proposals. The contract file shall992
contain the basis on which the award is made.993

       (F) The rules that a political subdivision adopts under this994
section may require the provision of a performance bond, or995
another similar form of financial security, in the amount and in996
the form specified in the rules.997

       (G) If a political subdivision is required by law to purchase 998
services or supplies by competitive sealed bidding or competitive 999
sealed proposals, a purchase made by reverse auction satisfies 1000
that requirement.1001

       Sec. 9.317.  As used in this section, "reverse auction" has 1002
the meaning defined in section 9.314 of the Revised Code, and 1003
"state agency" has the meaning defined in section 9.23 of the 1004
Revised Code.1005

       A state agency shall not purchase supplies or services by 1006
reverse auction if the contract concerns the design, construction, 1007
alteration, repair, reconstruction, or demolition of a building, 1008
highway, road, street, alley, drainage system, water system, 1009
waterworks, ditch, sewer, sewage disposal plant, or any other 1010
structure or works of any kind.1011

       Sec. 107.21.  (A) As used in this section, "Appalachian1012
region" means the following counties in this state whichthat have1013
been designated as part of Appalachia by the federal Appalachian1014
regional commission and whichthat have been geographically 1015
isolated and economically depressed: Adams, Ashtabula, Athens, 1016
Belmont, Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia, 1017
Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson,1018
Lawrence, Mahoning, Meigs, Monroe, Morgan, Muskingum, Noble, 1019
Perry, Pike, Ross, Scioto, Trumbull, Tuscarawas, Vinton, and 1020
Washington.1021

       (B) There is hereby created in the department of development 1022
the governor's office of Appalachian Ohio. The governor shall 1023
designate the director of the governor's office of Appalachian 1024
Ohio. The director shall report directly to the office of the 1025
governor. On January 1, 1987, the governor shall designate the 1026
director to represent this state on the federal Appalachian 1027
regional commission. The director may appoint such employees as 1028
are necessary to exercise the powers and duties of this office. 1029
The director shall maintain local development districts as 1030
established within the Appalachian region for the purpose of 1031
regional planning for the distribution of funds from the 1032
Appalachian regional commission within the Appalachian region.1033

       (C) The governor's office of Appalachian Ohio shall represent 1034
the interests of the Appalachian region in the government of this 1035
state. The duties of the director of the office shall include, but 1036
are not limited to, the following:1037

       (1) To identify residents of the Appalachian region qualified 1038
to serve on state boards, commissions, and bodies and in state 1039
offices, and to bring these persons to the attention of the 1040
governor;1041

       (2) To represent the interests of the Appalachian region in 1042
the general assembly and before state boards, commissions, bodies, 1043
and agencies;1044

       (3) To assist in forming a consensus on public issues and1045
policies among institutions and organizations that serve the1046
Appalachian region;1047

       (4) To act as an ombudsmanombudsperson to assist in 1048
resolving differences between state or federal agencies and the 1049
officials of political subdivisions or private, nonprofit 1050
organizations located within the Appalachian region;1051

       (5) To assist planning commissions, agencies, and1052
organizations within the Appalachian region in distributing1053
planning information and documents to the appropriate state and1054
federal agencies and to assist in focusing attention on any1055
findings and recommendations of these commissions, agencies, and1056
organizations;1057

       (6) To issue reports on the Appalachian region whichthat1058
describe progress achieved and the needs that still exist in the1059
region;1060

       (7) To assist the governor's office in resolving the problems 1061
of residents of the Appalachian region that come to the governor's 1062
attention.1063

       (D) The amount of money from appropriated state funds 1064
allocated each year to pay administrative costs of a local 1065
development district existing on the effective date of this 1066
amendment shall not be decreased due to the creation and funding 1067
of additional local development districts. The amount of money 1068
allocated to each district shall be increased each year by the 1069
average percentage of increase in the consumer price index for the 1070
prior year.1071

        As used in this division, "consumer price index" means the 1072
consumer price index for all urban consumers (United States city 1073
average, all items), prepared by the United States department of 1074
labor, bureau of labor statistics.1075

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 1076
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised 1077
Code, a completed form prescribed pursuant to division (C)(1) of 1078
this section, and a set of fingerprint impressions obtained in 1079
the manner described in division (C)(2) of this section, the 1080
superintendent of the bureau of criminal identification and 1081
investigation shall conduct a criminal records check in the 1082
manner described in division (B) of this section to determine 1083
whether any information exists that indicates that the person who 1084
is the subject of the request previously has been convicted of or 1085
pleaded guilty to any of the following:1086

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1087
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1088
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 1089
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 1090
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 1091
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 1092
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 1093
2925.06, or 3716.11 of the Revised Code, felonious sexual 1094
penetration in violation of former section 2907.12 of the Revised 1095
Code, a violation of section 2905.04 of the Revised Code as it 1096
existed prior to July 1, 1996, a violation of section 2919.23 of 1097
the Revised Code that would have been a violation of section 1098
2905.04 of the Revised Code as it existed prior to July 1, 1996, 1099
had the violation been committed prior to that date, or a 1100
violation of section 2925.11 of the Revised Code that is not a 1101
minor drug possession offense;1102

       (b) A violation of an existing or former law of this state, 1103
any other state, or the United States that is substantially 1104
equivalent to any of the offenses listed in division (A)(1)(a) of 1105
this section.1106

       (2) On receipt of a request pursuant to section 5123.081 of 1107
the Revised Code with respect to an applicant for employment in 1108
any position with the department of mental retardation and 1109
developmental disabilities, pursuant to section 5126.28 of the 1110
Revised Code with respect to an applicant for employment in any 1111
position with a county board of mental retardation and 1112
developmental disabilities, or pursuant to section 5126.281 of the 1113
Revised Code with respect to an applicant for employment in a 1114
direct services position with an entity contracting with a county 1115
board for employment, a completed form prescribed pursuant to 1116
division (C)(1) of this section, and a set of fingerprint 1117
impressions obtained in the manner described in division (C)(2) of 1118
this section, the superintendent of the bureau of criminal 1119
identification and investigation shall conduct a criminal records 1120
check. The superintendent shall conduct the criminal records check 1121
in the manner described in division (B) of this section to 1122
determine whether any information exists that indicates that the 1123
person who is the subject of the request has been convicted of or 1124
pleaded guilty to any of the following:1125

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1126
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1127
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 1128
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 1129
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 1130
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 1131
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 1132
2925.03, or 3716.11 of the Revised Code;1133

       (b) An existing or former municipal ordinance or law of this 1134
state, any other state, or the United States that is substantially 1135
equivalent to any of the offenses listed in division (A)(2)(a) of 1136
this section.1137

       (3) On receipt of a request pursuant to section 173.27, 1138
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a 1139
completed form prescribed pursuant to division (C)(1) of this 1140
section, and a set of fingerprint impressions obtained in the 1141
manner described in division (C)(2) of this section, the 1142
superintendent of the bureau of criminal identification and 1143
investigation shall conduct a criminal records check with respect 1144
to any person who has applied for employment in a position for 1145
which a criminal records check is required by those sections. The 1146
superintendent shall conduct the criminal records check in the 1147
manner described in division (B) of this section to determine 1148
whether any information exists that indicates that the person who 1149
is the subject of the request previously has been convicted of or 1150
pleaded guilty to any of the following:1151

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1152
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1153
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 1154
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 1155
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1156
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 1157
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 1158
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1159
2925.22, 2925.23, or 3716.11 of the Revised Code;1160

       (b) An existing or former law of this state, any other state, 1161
or the United States that is substantially equivalent to any of 1162
the offenses listed in division (A)(3)(a) of this section.1163

       (4) On receipt of a request pursuant to section 3701.881 of 1164
the Revised Code with respect to an applicant for employment with 1165
a home health agency as a person responsible for the care, 1166
custody, or control of a child, a completed form prescribed 1167
pursuant to division (C)(1) of this section, and a set of 1168
fingerprint impressions obtained in the manner described in 1169
division (C)(2) of this section, the superintendent of the bureau 1170
of criminal identification and investigation shall conduct a 1171
criminal records check. The superintendent shall conduct the 1172
criminal records check in the manner described in division (B) of 1173
this section to determine whether any information exists that 1174
indicates that the person who is the subject of the request 1175
previously has been convicted of or pleaded guilty to any of the 1176
following:1177

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1178
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1179
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 1180
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 1181
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 1182
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 1183
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 1184
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 1185
violation of section 2925.11 of the Revised Code that is not a 1186
minor drug possession offense;1187

       (b) An existing or former law of this state, any other state, 1188
or the United States that is substantially equivalent to any of 1189
the offenses listed in division (A)(4)(a) of this section.1190

       (5) On receipt of a request pursuant to section 5111.032, 1191
5111.033, or 5111.034 of the Revised Code, a completed form 1192
prescribed pursuant to division (C)(1) of this section, and a set 1193
of fingerprint impressions obtained in the manner described in 1194
division (C)(2) of this section, the superintendent of the bureau 1195
of criminal identification and investigation shall conduct a 1196
criminal records check. The superintendent shall conduct the 1197
criminal records check in the manner described in division (B) of 1198
this section to determine whether any information exists that 1199
indicates that the person who is the subject of the request 1200
previously has been convicted of, has pleaded guilty to, or has 1201
been found eligible for intervention in lieu of conviction for 1202
any of the following, regardless of the date of the conviction, 1203
the date of entry of the guilty plea, or the date the person was 1204
found eligible for intervention in lieu of conviction:1205

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 1206
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 1207
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 1208
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 1209
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 1210
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 1211
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, 1212
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 1213
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, 1214
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 1215
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, 1216
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 1217
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, 1218
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 1219
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 1220
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious 1221
sexual penetration in violation of former section 2907.12 of the 1222
Revised Code, a violation of section 2905.04 of the Revised Code 1223
as it existed prior to July 1, 1996, a violation of section 1224
2919.23 of the Revised Code that would have been a violation of 1225
section 2905.04 of the Revised Code as it existed prior to July 1226
1, 1996, had the violation been committed prior to that date;1227

       (b) AnA violation of an existing or former municipal 1228
ordinance or law of this state, any other state, or the United 1229
States that is substantially equivalent to any of the offenses 1230
listed in division (A)(5)(a) of this section.1231

       (6) On receipt of a request pursuant to section 3701.881 of 1232
the Revised Code with respect to an applicant for employment with 1233
a home health agency in a position that involves providing direct 1234
care to an older adult, a completed form prescribed pursuant to 1235
division (C)(1) of this section, and a set of fingerprint 1236
impressions obtained in the manner described in division (C)(2) of 1237
this section, the superintendent of the bureau of criminal 1238
identification and investigation shall conduct a criminal records 1239
check. The superintendent shall conduct the criminal records check 1240
in the manner described in division (B) of this section to 1241
determine whether any information exists that indicates that the 1242
person who is the subject of the request previously has been 1243
convicted of or pleaded guilty to any of the following:1244

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1245
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1246
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 1247
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 1248
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1249
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 1250
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 1251
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1252
2925.22, 2925.23, or 3716.11 of the Revised Code;1253

       (b) An existing or former law of this state, any other state, 1254
or the United States that is substantially equivalent to any of 1255
the offenses listed in division (A)(6)(a) of this section.1256

       (7) When conducting a criminal records check upon a request 1257
pursuant to section 3319.39 of the Revised Code for an applicant 1258
who is a teacher, in addition to the determination made under 1259
division (A)(1) of this section, the superintendent shall 1260
determine whether any information exists that indicates that the 1261
person who is the subject of the request previously has been 1262
convicted of or pleaded guilty to any offense specified in section 1263
3319.31 of the Revised Code.1264

       (8) On receipt of a request pursuant to section 2151.86 of 1265
the Revised Code, a completed form prescribed pursuant to 1266
division (C)(1) of this section, and a set of fingerprint 1267
impressions obtained in the manner described in division (C)(2) 1268
of this section, the superintendent of the bureau of criminal 1269
identification and investigation shall conduct a criminal records 1270
check in the manner described in division (B) of this section to 1271
determine whether any information exists that indicates that the 1272
person who is the subject of the request previously has been 1273
convicted of or pleaded guilty to any of the following:1274

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 1275
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 1276
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 1277
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 1278
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 1279
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 1280
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 1281
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 1282
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 1283
of the Revised Code, a violation of section 2905.04 of the 1284
Revised Code as it existed prior to July 1, 1996, a violation of 1285
section 2919.23 of the Revised Code that would have been a 1286
violation of section 2905.04 of the Revised Code as it existed 1287
prior to July 1, 1996, had the violation been committed prior to 1288
that date, a violation of section 2925.11 of the Revised Code 1289
that is not a minor drug possession offense, two or more OVI or 1290
OVUAC violations committed within the three years immediately 1291
preceding the submission of the application or petition that is 1292
the basis of the request, or felonious sexual penetration in 1293
violation of former section 2907.12 of the Revised Code;1294

       (b) A violation of an existing or former law of this state, 1295
any other state, or the United States that is substantially 1296
equivalent to any of the offenses listed in division (A)(8)(a) of 1297
this section.1298

       (9) Upon receipt of a request pursuant to section 5104.012 1299
or 5104.013 of the Revised Code, a completed form prescribed 1300
pursuant to division (C)(1) of this section, and a set of 1301
fingerprint impressions obtained in the manner described in 1302
division (C)(2) of this section, the superintendent of the bureau 1303
of criminal identification and investigation shall conduct a 1304
criminal records check in the manner described in division (B) of 1305
this section to determine whether any information exists that 1306
indicates that the person who is the subject of the request has 1307
been convicted of or pleaded guilty to any of the following:1308

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1309
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 1310
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 1311
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 1312
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 1313
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 1314
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 1315
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 1316
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, 1317
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, 1318
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 1319
3716.11 of the Revised Code, felonious sexual penetration in 1320
violation of former section 2907.12 of the Revised Code, a 1321
violation of section 2905.04 of the Revised Code as it existed 1322
prior to July 1, 1996, a violation of section 2919.23 of the 1323
Revised Code that would have been a violation of section 2905.04 1324
of the Revised Code as it existed prior to July 1, 1996, had the 1325
violation been committed prior to that date, a violation of 1326
section 2925.11 of the Revised Code that is not a minor drug 1327
possession offense, a violation of section 2923.02 or 2923.03 of 1328
the Revised Code that relates to a crime specified in this 1329
division, or a second violation of section 4511.19 of the 1330
Revised Code within five years of the date of application for 1331
licensure or certification.1332

       (b) A violation of an existing or former law of this state, 1333
any other state, or the United States that is substantially 1334
equivalent to any of the offenses or violations described in 1335
division (A)(9)(a) of this section.1336

       (10) Upon receipt of a request pursuant to section 5153.111 1337
of the Revised Code, a completed form prescribed pursuant to 1338
division (C)(1) of this section, and a set of fingerprint 1339
impressions obtained in the manner described in division (C)(2) of 1340
this section, the superintendent of the bureau of criminal 1341
identification and investigation shall conduct a criminal records 1342
check in the manner described in division (B) of this section to 1343
determine whether any information exists that indicates that the 1344
person who is the subject of the request previously has been 1345
convicted of or pleaded guilty to any of the following:1346

       (a) A violation of section 2903.01, 2903.02, 2903.03, 1347
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1348
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 1349
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 1350
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 1351
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 1352
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 1353
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, 1354
felonious sexual penetration in violation of former section 1355
2907.12 of the Revised Code, a violation of section 2905.04 of the 1356
Revised Code as it existed prior to July 1, 1996, a violation of 1357
section 2919.23 of the Revised Code that would have been a 1358
violation of section 2905.04 of the Revised Code as it existed 1359
prior to July 1, 1996, had the violation been committed prior to 1360
that date, or a violation of section 2925.11 of the Revised Code 1361
that is not a minor drug possession offense;1362

       (b) A violation of an existing or former law of this state, 1363
any other state, or the United States that is substantially 1364
equivalent to any of the offenses listed in division (A)(10)(a) of 1365
this section.1366

       (11) On receipt of a request for a criminal records check 1367
from an individual pursuant to section 4749.03 or 4749.06 of the 1368
Revised Code, accompanied by a completed copy of the form 1369
prescribed in division (C)(1) of this section and a set of 1370
fingerprint impressions obtained in a manner described in division 1371
(C)(2) of this section, the superintendent of the bureau of 1372
criminal identification and investigation shall conduct a criminal 1373
records check in the manner described in division (B) of this 1374
section to determine whether any information exists indicating 1375
that the person who is the subject of the request has been 1376
convicted of or pleaded guilty to a felony in this state or in any 1377
other state. If the individual indicates that a firearm will be 1378
carried in the course of business, the superintendent shall 1379
require information from the federal bureau of investigation as 1380
described in division (B)(2) of this section. The superintendent 1381
shall report the findings of the criminal records check and any 1382
information the federal bureau of investigation provides to the 1383
director of public safety.1384

       (12) On receipt of a request pursuant to section 1321.37, 1385
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised 1386
Code, a completed form prescribed pursuant to division (C)(1) of 1387
this section, and a set of fingerprint impressions obtained in 1388
the manner described in division (C)(2) of this section, the 1389
superintendent of the bureau of criminal identification and 1390
investigation shall conduct a criminal records check with 1391
respect to any person who has applied for a license, permit, or 1392
certification from the department of commerce or a division in 1393
the department. The superintendent shall conduct the criminal 1394
records check in the manner described in division (B) of this 1395
section to determine whether any information exists that 1396
indicates that the person who is the subject of the request 1397
previously has been convicted of or pleaded guilty to any of the 1398
following: a violation of section 2913.02, 2913.11, 2913.31, 1399
2913.51, or 2925.03 of the Revised Code; any other criminal 1400
offense involving theft, receiving stolen property, 1401
embezzlement, forgery, fraud, passing bad checks, money 1402
laundering, or drug trafficking, or any criminal offense 1403
involving money or securities, as set forth in Chapters 2909., 1404
2911., 2913., 2915., 2921., 2923., and 2925. of the Revised 1405
Code; or any existing or former law of this state, any other 1406
state, or the United States that is substantially equivalent to 1407
those offenses.1408

       (13) On receipt of a request for a criminal records check 1409
from the treasurer of state under section 113.041 of the Revised 1410
Code or from an individual under section 4701.08, 4715.101, 1411
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 1412
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 1413
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 1414
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 1415
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied 1416
by a completed form prescribed under division (C)(1) of this 1417
section and a set of fingerprint impressions obtained in the 1418
manner described in division (C)(2) of this section, the 1419
superintendent of the bureau of criminal identification and 1420
investigation shall conduct a criminal records check in the 1421
manner described in division (B) of this section to determine 1422
whether any information exists that indicates that the person who 1423
is the subject of the request has been convicted of or pleaded 1424
guilty to any criminal offense in this state or any other state. 1425
The superintendent shall send the results of a check requested 1426
under section 113.041 of the Revised Code to the treasurer of 1427
state and shall send the results of a check requested under any of 1428
the other listed sections to the licensing board specified by the 1429
individual in the request.1430

       (14) On receipt of a request pursuant to section 1121.23, 1431
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised 1432
Code, a completed form prescribed pursuant to division (C)(1) of 1433
this section, and a set of fingerprint impressions obtained in the 1434
manner described in division (C)(2) of this section, the 1435
superintendent of the bureau of criminal identification and 1436
investigation shall conduct a criminal records check in the manner 1437
described in division (B) of this section to determine whether any 1438
information exists that indicates that the person who is the 1439
subject of the request previously has been convicted of or pleaded 1440
guilty to any criminal offense under any existing or former law of 1441
this state, any other state, or the United States.1442

       (15) Not later than thirty days after the date the 1443
superintendent receives a request of a type described in division 1444
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), 1445
(12), or (14) of this section, the completed form, and the 1446
fingerprint impressions, the superintendent shall send the 1447
person, board, or entity that made the request any information, 1448
other than information the dissemination of which is prohibited 1449
by federal law, the superintendent determines exists with respect 1450
to the person who is the subject of the request that indicates 1451
that the person previously has been convicted of or pleaded 1452
guilty to any offense listed or described in division (A)(1), 1453
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), or 1454
(14) of this section, as appropriate. The superintendent shall 1455
send the person, board, or entity that made the request a copy of 1456
the list of offenses specified in division (A)(1), (2), (3), (4), 1457
(5), (6), (7), (8), (9), (10), (11), (12), or (14) of this 1458
section, as appropriate. If the request was made under section 1459
3701.881 of the Revised Code with regard to an applicant who may 1460
be both responsible for the care, custody, or control of a child 1461
and involved in providing direct care to an older adult, the 1462
superintendent shall provide a list of the offenses specified in 1463
divisions (A)(4) and (6) of this section.1464

       Not later than thirty days after the superintendent receives 1465
a request for a criminal records check pursuant to section 113.041 1466
of the Revised Code, the completed form, and the fingerprint 1467
impressions, the superintendent shall send the treasurer of state 1468
any information, other than information the dissemination of which 1469
is prohibited by federal law, the superintendent determines exist 1470
with respect to the person who is the subject of the request that 1471
indicates that the person previously has been convicted of or 1472
pleaded guilty to any criminal offense in this state or any other 1473
state.1474

       (B) The superintendent shall conduct any criminal records 1475
check requested under section 113.041, 121.08, 173.27, 173.394, 1476
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03, 1477
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 1478
3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 1479
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 1480
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 1481
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 1482
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 1483
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 1484
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 1485
5126.28, 5126.281, or 5153.111 of the Revised Code as follows:1486

       (1) The superintendent shall review or cause to be reviewed 1487
any relevant information gathered and compiled by the bureau under 1488
division (A) of section 109.57 of the Revised Code that relates to 1489
the person who is the subject of the request, including, if the 1490
criminal records check was requested under section 113.041, 1491
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1492
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,1493
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 1494
3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 1495
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 1496
5126.281, or 5153.111 of the Revised Code, any relevant 1497
information contained in records that have been sealed under 1498
section 2953.32 of the Revised Code;1499

       (2) If the request received by the superintendent asks for 1500
information from the federal bureau of investigation, the 1501
superintendent shall request from the federal bureau of 1502
investigation any information it has with respect to the person 1503
who is the subject of the request, including fingerprint-based 1504
checks of national crime information databases as described in 42 1505
U.S.C. 671 if the request is made pursuant to section 2151.86, 1506
5104.012, or 5104.013 of the Revised Code or if any other Revised 1507
Code section requires fingerprint-based checks of that nature, and 1508
shall review or cause to be reviewed any information the 1509
superintendent receives from that bureau.1510

        (3) The superintendent or the superintendent's designee may 1511
request criminal history records from other states or the federal 1512
government pursuant to the national crime prevention and privacy 1513
compact set forth in section 109.571 of the Revised Code.1514

       (C)(1) The superintendent shall prescribe a form to obtain 1515
the information necessary to conduct a criminal records check from 1516
any person for whom a criminal records check is requested under 1517
section 113.041 of the Revised Code or required by section 1518
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1519
1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 1520
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 1521
3722.151, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 1522
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 1523
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 1524
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 1525
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 1526
4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032, 1527
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of 1528
the Revised Code. The form that the superintendent prescribes 1529
pursuant to this division may be in a tangible format, in an 1530
electronic format, or in both tangible and electronic formats.1531

       (2) The superintendent shall prescribe standard impression 1532
sheets to obtain the fingerprint impressions of any person for 1533
whom a criminal records check is requested under section 113.041 1534
of the Revised Code or required by section 121.08, 173.27, 1535
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,1536
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 1537
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 1538
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 1539
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 1540
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 1541
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 1542
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 1543
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 1544
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. 1545
Any person for whom a records check is requested under or 1546
required by any of those sections shall obtain the fingerprint 1547
impressions at a county sheriff's office, municipal police 1548
department, or any other entity with the ability to make 1549
fingerprint impressions on the standard impression sheets 1550
prescribed by the superintendent. The office, department, or 1551
entity may charge the person a reasonable fee for making the 1552
impressions. The standard impression sheets the superintendent 1553
prescribes pursuant to this division may be in a tangible format, 1554
in an electronic format, or in both tangible and electronic 1555
formats.1556

       (3) Subject to division (D) of this section, the 1557
superintendent shall prescribe and charge a reasonable fee for 1558
providing a criminal records check requested under section 1559
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1560
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 1561
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 1562
3721.121, 3722.151, 4701.08, 4715.101, 4717.061, 4725.121, 1563
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 1564
4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 1565
4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 1566
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 1567
4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 1568
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 1569
5153.111 of the Revised Code. The person making a criminal 1570
records request under any of those sections shall pay the fee 1571
prescribed pursuant to this division. A person making a 1572
request under section 3701.881 of the Revised Code for a 1573
criminal records check for an applicant who may be both 1574
responsible for the care, custody, or control of a child and 1575
involved in providing direct care to an older adult shall pay 1576
one fee for the request. In the case of a request under section 1577
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 1578
5111.032 of the Revised Code, the fee shall be paid in the 1579
manner specified in that section.1580

       (4) The superintendent of the bureau of criminal 1581
identification and investigation may prescribe methods of 1582
forwarding fingerprint impressions and information necessary to 1583
conduct a criminal records check, which methods shall include, but 1584
not be limited to, an electronic method.1585

       (D) A determination whether any information exists that 1586
indicates that a person previously has been convicted of or 1587
pleaded guilty to any offense listed or described in division 1588
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or 1589
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or 1590
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14) of 1591
this section, or that indicates that a person previously has 1592
been convicted of or pleaded guilty to any criminal offense in 1593
this state or any other state regarding a criminal records check 1594
of a type described in division (A)(13) of this section, and 1595
that is made by the superintendent with respect to information 1596
considered in a criminal records check in accordance with this 1597
section is valid for the person who is the subject of the 1598
criminal records check for a period of one year from the date 1599
upon which the superintendent makes the determination. During the 1600
period in which the determination in regard to a person is valid, 1601
if another request under this section is made for a criminal 1602
records check for that person, the superintendent shall provide 1603
the information that is the basis for the superintendent's 1604
initial determination at a lower fee than the fee prescribed for 1605
the initial criminal records check.1606

       (E) As used in this section:1607

       (1) "Criminal records check" means any criminal records check 1608
conducted by the superintendent of the bureau of criminal 1609
identification and investigation in accordance with division (B) 1610
of this section.1611

       (2) "Minor drug possession offense" has the same meaning as 1612
in section 2925.01 of the Revised Code.1613

       (3) "Older adult" means a person age sixty or older.1614

       (4) "OVI or OVUAC violation" means a violation of section 1615
4511.19 of the Revised Code or a violation of an existing or 1616
former law of this state, any other state, or the United States 1617
that is substantially equivalent to section 4511.19 of the Revised 1618
Code.1619

       Sec. 109.73.  (A) The Ohio peace officer training commission1620
shall recommend rules to the attorney general with respect to all1621
of the following:1622

       (1) The approval, or revocation of approval, of peace officer 1623
training schools administered by the state, counties, municipal 1624
corporations, public school districts, technical college1625
districts, and the department of natural resources;1626

       (2) Minimum courses of study, attendance requirements, and1627
equipment and facilities to be required at approved state, county,1628
municipal, and department of natural resources peace officer1629
training schools;1630

       (3) Minimum qualifications for instructors at approved state, 1631
county, municipal, and department of natural resources peace 1632
officer training schools;1633

       (4) The requirements of minimum basic training that peace1634
officers appointed to probationary terms shall complete before1635
being eligible for permanent appointment, which requirements shall1636
include a minimum of fifteen hours of training in the handling of1637
the offense of domestic violence, other types of domestic1638
violence-related offenses and incidents, and protection orders and1639
consent agreements issued or approved under section 2919.26 or1640
3113.31 of the Revised Code; a minimum of six hours of crisis1641
intervention training; and a specified amount of training in the1642
handling of missing children and child abuse and neglect cases;1643
and the time within which such basic training shall be completed1644
following appointment to a probationary term;1645

       (5) The requirements of minimum basic training that peace1646
officers not appointed for probationary terms but appointed on1647
other than a permanent basis shall complete in order to be1648
eligible for continued employment or permanent appointment, which1649
requirements shall include a minimum of fifteen hours of training1650
in the handling of the offense of domestic violence, other types1651
of domestic violence-related offenses and incidents, and1652
protection orders and consent agreements issued or approved under1653
section 2919.26 or 3113.31 of the Revised Code, a minimum of six1654
hours of crisis intervention training, and a specified amount of1655
training in the handling of missing children and child abuse and1656
neglect cases, and the time within which such basic training shall1657
be completed following appointment on other than a permanent1658
basis;1659

       (6) Categories or classifications of advanced in-service1660
training programs for peace officers, including programs in the1661
handling of the offense of domestic violence, other types of1662
domestic violence-related offenses and incidents, and protection1663
orders and consent agreements issued or approved under section1664
2919.26 or 3113.31 of the Revised Code, in crisis intervention,1665
and in the handling of missing children and child abuse and1666
neglect cases, and minimum courses of study and attendance1667
requirements with respect to such categories or classifications;1668

       (7) Permitting persons, who are employed as members of a1669
campus police department appointed under section 1713.50 of the1670
Revised Code; who are employed as police officers by a qualified1671
nonprofit corporation police department pursuant to section1672
1702.80 of the Revised Code; who are appointed and commissioned as 1673
bank, savings and loan association, savings bank, credit union, or 1674
association of banks, savings and loan associations, savings 1675
banks, or credit unions police officers, as railroad police 1676
officers, or as hospital police officers pursuant to sections 1677
4973.17 to 4973.22 of the Revised Code; or who are appointed and 1678
commissioned as amusement park police officers pursuant to section 1679
4973.17 of the Revised Code, to attend approved peace officer 1680
training schools, including the Ohio peace officer training 1681
academy, and to receive certificates of satisfactory completion of 1682
basic training programs, if the private college or university that 1683
established the campus police department; qualified nonprofit 1684
corporation police department; bank, savings and loan association, 1685
savings bank, credit union, or association of banks, savings and 1686
loan associations, savings banks, or credit unions; railroad 1687
company; hospital; or amusement park sponsoring the police1688
officers pays the entire cost of the training and certification1689
and if trainee vacancies are available;1690

       (8) Permitting undercover drug agents to attend approved1691
peace officer training schools, other than the Ohio peace officer1692
training academy, and to receive certificates of satisfactory1693
completion of basic training programs, if, for each undercover1694
drug agent, the county, township, or municipal corporation that1695
employs that undercover drug agent pays the entire cost of the1696
training and certification;1697

       (9)(a) The requirements for basic training programs for1698
bailiffs and deputy bailiffs of courts of record of this state and1699
for criminal investigators employed by the state public defender1700
that those persons shall complete before they may carry a firearm1701
while on duty;1702

       (b) The requirements for any training received by a bailiff1703
or deputy bailiff of a court of record of this state or by a1704
criminal investigator employed by the state public defender prior1705
to June 6, 1986, that is to be considered equivalent to the1706
training described in division (A)(9)(a) of this section.1707

       (10) Establishing minimum qualifications and requirements for 1708
certification for dogs utilized by law enforcement agencies;1709

       (11) Establishing minimum requirements for certification of1710
persons who are employed as correction officers in a full-service1711
jail, five-day facility, or eight-hour holding facility or who1712
provide correction services in such a jail or facility;1713

       (12) Establishing requirements for the training of agents of 1714
a county humane society under section 1717.06 of the Revised Code, 1715
including, without limitation, a requirement that the agents 1716
receive instruction on traditional animal husbandry methods and 1717
training techniques, including customary owner-performed 1718
practices.1719

       (B) The commission shall appoint an executive director, with1720
the approval of the attorney general, who shall hold office during1721
the pleasure of the commission. The executive director shall1722
perform such duties assigned by the commission. The executive 1723
director shall receive a salary fixed pursuant to Chapter 124. of 1724
the Revised Code and reimbursement for expenses within the amounts1725
available by appropriation. The executive director may appoint1726
officers, employees, agents, and consultants as the executive1727
director considers necessary, prescribe their duties, and provide 1728
for reimbursement of their expenses within the amounts available 1729
for reimbursement by appropriation and with the approval of the1730
commission.1731

       (C) The commission may do all of the following:1732

       (1) Recommend studies, surveys, and reports to be made by the 1733
executive director regarding the carrying out of the objectives 1734
and purposes of sections 109.71 to 109.77 of the Revised Code;1735

       (2) Visit and inspect any peace officer training school that1736
has been approved by the executive director or for which1737
application for approval has been made;1738

       (3) Make recommendations, from time to time, to the executive 1739
director, the attorney general, and the general assembly regarding 1740
the carrying out of the purposes of sections 109.71 to 109.77 of 1741
the Revised Code;1742

       (4) Report to the attorney general from time to time, and to1743
the governor and the general assembly at least annually,1744
concerning the activities of the commission;1745

       (5) Establish fees for the services the commission offers1746
under sections 109.71 to 109.79 of the Revised Code, including,1747
but not limited to, fees for training, certification, and testing;1748

       (6) Perform such other acts as are necessary or appropriate1749
to carry out the powers and duties of the commission as set forth1750
in sections 109.71 to 109.77 of the Revised Code.1751

       (D) In establishing the requirements, under division (A)(12) 1752
of this section, the commission may consider any portions of the 1753
curriculum for instruction on the topic of animal husbandry 1754
practices, if any, of the Ohio state university college of 1755
veterinary medicine. No person or entity that fails to provide 1756
instruction on traditional animal husbandry methods and training 1757
techniques, including customary owner-performed practices, shall 1758
qualify to train a humane agent for appointment under section 1759
1717.06 of the Revised Code.1760

       Sec. 109.742.  The attorney general shall adopt, in 1761
accordance with Chapter 119. or pursuant to section 109.74 of the 1762
Revised Code, rules governing the training of peace officers in 1763
crisis intervention. The rules shall specify six or more hours of 1764
thatthe amount of training necessary for the satisfactory 1765
completion of basic training programs at approved peace officer 1766
training schools, other than the Ohio peace officer training 1767
academy.1768

       Sec. 109.744.  The attorney general shall adopt, in1769
accordance with Chapter 119. of the Revised Code or pursuant to1770
section 109.74 of the Revised Code, rules governing the training1771
of peace officers in the handling of the offense of domestic1772
violence, other types of domestic violence-related offenses and1773
incidents, and protection orders and consent agreements issued or1774
approved under section 2919.26 or 3113.31 of the Revised Code. The 1775
provisions of the rules shall include, but shall not be limited 1776
to, all of the following:1777

       (A) A specification that fifteen or more hoursspecified 1778
amount of that training that is requirednecessary for the 1779
satisfactory completion of basic training programs at approved 1780
peace officer training schools, other than the Ohio peace officer 1781
training academy;1782

       (B) A requirement that the training include, but not be1783
limited to, training in all of the following:1784

       (1) All recent amendments to domestic violence-related laws;1785

       (2) Notifying a victim of domestic violence of histhe 1786
victim's rights;1787

       (3) Processing protection orders and consent agreements1788
issued or approved under section 2919.26 or 3113.31 of the Revised 1789
Code.1790

       Sec. 109.751.  (A) The executive director of the Ohio peace 1791
officer training commission shall neither approve nor issue a1792
certificate of approval to a peace officer training school1793
pursuant to section 109.75 of the Revised Code unless the school1794
agrees to permit, in accordance with rules adopted by the attorney 1795
general pursuant to division (C) of this section, undercover drug 1796
agents to attend its basic training programs. The executive 1797
director shall revoke approval, and the certificate of approval 1798
of, a peace officer training school that does not permit, in 1799
accordance with rules adopted by the attorney general pursuant to 1800
division (C) of this section, undercover drug agents to attend its 1801
basic training programs.1802

       This division does not apply to peace officer training1803
schools for employees of conservancy districts who are designated1804
pursuant to section 6101.75 of the Revised Code or for a natural 1805
resources law enforcement staff officer, park officers, forest 1806
officers, preserve officers, wildlife officers, or state1807
watercraft officers of the department of natural resources.1808

       (B)(1) A peace officer training school is not required to1809
permit an undercover drug agent, a bailiff or deputy bailiff of a1810
court of record of this state, or a criminal investigator employed 1811
by the state public defender to attend its basic training programs 1812
if either of the following applies:1813

       (a) In the case of the Ohio peace officer training academy, 1814
the employer county, township, municipal corporation, court, or 1815
state public defender or the particular undercover drug agent, 1816
bailiff, deputy bailiff, or criminal investigator has not paid the 1817
tuition costs of training in accordance with section 109.79 of the 1818
Revised Code;1819

       (b) In the case of other peace officer training schools, the 1820
employeremploying county, township, municipal corporation, court, 1821
or state public defender fails to pay the entire cost of the1822
training and certification.1823

       (2) A training school shall not permit a bailiff or deputy1824
bailiff of a court of record of this state or a criminal1825
investigator employed by the state public defender to attend its1826
basic training programs unless the employing court of the bailiff1827
or deputy bailiff or the state public defender, whichever is1828
applicable, has authorized the bailiff, deputy bailiff, or1829
investigator to attend the school.1830

       (C) The attorney general shall adopt, in accordance with1831
Chapter 119. or pursuant to section 109.74 of the Revised Code,1832
rules governing the attendance of undercover drug agents at1833
approved peace officer training schools, other than the Ohio peace 1834
officer training academy, and the certification of the agents upon 1835
their satisfactory completion of basic training programs.1836

       Sec. 109.761. (A)(1) Each agency or entity that appoints or1837
employs one or more peace officers shall report to the Ohio peace1838
officer training commission all of the following that occur on or1839
after February 20, 2002:1840

       (a) The appointment or employment of any person to serve the1841
agency or entity as a peace officer in any full-time, part-time,1842
reserve, auxiliary, or other capacity;1843

       (b) The termination, resignation, felony conviction, or1844
death, or guilty plea as specified in division (F) of section 1845
109.77 of the Revised Code of any person who has been appointed to 1846
or employed by the agency or entity as a peace officer in any 1847
full-time, part-time, reserve, auxiliary, or other capacity and is 1848
serving the agency or entity in any of those peace officer 1849
capacities.1850

       (2) An agency or entity shall make each report required by1851
this division not later than ten days after the occurrence of the1852
event being reported. The agency or entity shall make the report1853
in the manner and format prescribed by the executive director of1854
the Ohio peace officer training commission.1855

       (B) Each agency or entity that appoints or employs one or1856
more peace officers or state highway patrol troopers shall 1857
annually provide to the Ohio peace officer training commission a 1858
roster of all persons who have been appointed to or employed by 1859
the agency or entity as peace officers or troopers in any 1860
full-time, part-time, reserve, auxiliary, or other capacity and 1861
are serving, or during the year covered by the report have served, 1862
the agency or entity in any of those peace officer or trooper1863
capacities. The agency or entity shall provide the roster in the1864
manner and format, and by the date, prescribed by the executive1865
director of the Ohio peace officer training commission.1866

       (C) The Ohio peace officer training commission shall1867
prescribe the manner and format of making reports under division1868
(A) of this section and providing annual rosters under division1869
(B) of this section and shall prescribe the date by which the1870
annual rosters must be provided.1871

       Sec. 109.77.  (A) As used in this section, "felony" has the1872
same meaning as in section 109.511 of the Revised Code.1873

       (B)(1) Notwithstanding any general, special, or local law or1874
charter to the contrary, and except as otherwise provided in this1875
section, no person shall receive an original appointment on a1876
permanent basis as any of the following unless the person1877
previously has been awarded a certificate by the executive1878
director of the Ohio peace officer training commission attesting1879
to the person's satisfactory completion of an approved state,1880
county, municipal, or department of natural resources peace1881
officer basic training program:1882

       (a) A peace officer of any county, township, municipal1883
corporation, regional transit authority, or metropolitan housing1884
authority;1885

       (b) A natural resources law enforcement staff officer, park1886
officer, forest officer, preserve officer, wildlife officer, or1887
state watercraft officer of the department of natural resources;1888

       (c) An employee of a park district under section 511.232 or1889
1545.13 of the Revised Code;1890

       (d) An employee of a conservancy district who is designated1891
pursuant to section 6101.75 of the Revised Code;1892

       (e) A state university law enforcement officer;1893

       (f) A special police officer employed by the department of1894
mental health pursuant to section 5119.14 of the Revised Code or1895
the department of mental retardation and developmental1896
disabilities pursuant to section 5123.13 of the Revised Code;1897

       (g) An enforcement agent of the department of public safety1898
whom the director of public safety designates under section1899
5502.14 of the Revised Code;1900

       (h) A special police officer employed by a port authority1901
under section 4582.04 or 4582.28 of the Revised Code;1902

       (i) A special police officer employed by a municipal1903
corporation at a municipal airport, or other municipal air1904
navigation facility, that has scheduled operations, as defined in1905
section 119.3 of Title 14 of the Code of Federal Regulations, 141906
C.F.R. 119.3, as amended, and that is required to be under a1907
security program and is governed by aviation security rules of the1908
transportation security administration of the United States1909
department of transportation as provided in Parts 1542. and 1544.1910
of Title 49 of the Code of Federal Regulations, as amended.1911

       (2) Every person who is appointed on a temporary basis or for 1912
a probationary term or on other than a permanent basis as any of 1913
the following shall forfeit the appointed position unless the1914
person previously has completed satisfactorily or, within the time1915
prescribed by rules adopted by the attorney general pursuant to1916
section 109.74 of the Revised Code, satisfactorily completes a1917
state, county, municipal, or department of natural resources peace1918
officer basic training program for temporary or probationary1919
officers and is awarded a certificate by the director attesting to1920
the satisfactory completion of the program:1921

       (a) A peace officer of any county, township, municipal1922
corporation, regional transit authority, or metropolitan housing1923
authority;1924

       (b) A natural resources law enforcement staff officer, park1925
officer, forest officer, preserve officer, wildlife officer, or1926
state watercraft officer of the department of natural resources;1927

       (c) An employee of a park district under section 511.232 or1928
1545.13 of the Revised Code;1929

       (d) An employee of a conservancy district who is designated1930
pursuant to section 6101.75 of the Revised Code;1931

       (e) A special police officer employed by the department of1932
mental health pursuant to section 5119.14 of the Revised Code or1933
the department of mental retardation and developmental1934
disabilities pursuant to section 5123.13 of the Revised Code;1935

       (f) An enforcement agent of the department of public safety1936
whom the director of public safety designates under section1937
5502.14 of the Revised Code;1938

       (g) A special police officer employed by a port authority1939
under section 4582.04 or 4582.28 of the Revised Code;1940

       (h) A special police officer employed by a municipal1941
corporation at a municipal airport, or other municipal air1942
navigation facility, that has scheduled operations, as defined in1943
section 119.3 of Title 14 of the Code of Federal Regulations, 141944
C.F.R. 119.3, as amended, and that is required to be under a1945
security program and is governed by aviation security rules of the1946
transportation security administration of the United States1947
department of transportation as provided in Parts 1542. and 1544.1948
of Title 49 of the Code of Federal Regulations, as amended.1949

       (3) For purposes of division (B) of this section, a state,1950
county, municipal, or department of natural resources peace1951
officer basic training program, regardless of whether the program1952
is to be completed by peace officers appointed on a permanent or1953
temporary, probationary, or other nonpermanent basis, shall1954
include at least fifteen hours of training in the handling of the1955
offense of domestic violence, other types of domestic1956
violence-related offenses and incidents, and protection orders and1957
consent agreements issued or approved under section 2919.26 or1958
3113.31 of the Revised Code and at least six hours of crisis1959
intervention training. The requirement to complete fifteen hours1960
of training in the handling of the offense of domestic violence,1961
other types of domestic violence-related offenses and incidents,1962
and protection orders and consent agreements issued or approved1963
under section 2919.26 or 3113.31 of the Revised Code does not1964
apply to any person serving as a peace officer on March 27, 1979,1965
and the requirement to complete six hours of training in crisis1966
intervention does not apply to any person serving as a peace1967
officer on April 4, 1985. Any person who is serving as a peace1968
officer on April 4, 1985, who terminates that employment after1969
that date, and who subsequently is hired as a peace officer by the1970
same or another law enforcement agency shall complete the six1971
hours of training in crisis intervention within the timeas1972
prescribed by rules adopted by the attorney general pursuant to1973
section 109.742 of the Revised Code. No peace officer shall have1974
employment as a peace officer terminated and then be reinstated1975
with intent to circumvent this section.1976

       (4) Division (B) of this section does not apply to any person 1977
serving on a permanent basis on March 28, 1985, as a park officer, 1978
forest officer, preserve officer, wildlife officer, or state 1979
watercraft officer of the department of natural resources or as an 1980
employee of a park district under section 511.232 or 1545.13 of 1981
the Revised Code, to any person serving on a permanent basis on1982
March 6, 1986, as an employee of a conservancy district designated1983
pursuant to section 6101.75 of the Revised Code, to any person1984
serving on a permanent basis on January 10, 1991, as a preserve1985
officer of the department of natural resources, to any person1986
employed on a permanent basis on July 2, 1992, as a special police1987
officer by the department of mental health pursuant to section1988
5119.14 of the Revised Code or by the department of mental1989
retardation and developmental disabilities pursuant to section1990
5123.13 of the Revised Code, to any person serving on a permanent1991
basis on May 17, 2000, as a special police officer employed by a 1992
port authority under section 4582.04 or 4582.28 of the Revised 1993
Code, to any person serving on a permanent basis on the effective 1994
date of this amendmentMarch 19, 2003, as a special police officer 1995
employed by a municipal corporation at a municipal airport or 1996
other municipal air navigation facility described in division 1997
(A)(19) of section 109.71 of the Revised Code, to any person 1998
serving on a permanent basis on June 19, 1978, as a state 1999
university law enforcement officer pursuant to section 3345.04 of 2000
the Revised Code and who, immediately prior to June 19, 1978, was 2001
serving as a special police officer designated under authority of 2002
that section, or to any person serving on a permanent basis on 2003
September 20, 1984, as a liquor control investigator, known after 2004
June 30, 1999, as an enforcement agent of the department of public 2005
safety, engaged in the enforcement of Chapters 4301. and 4303. of 2006
the Revised Code.2007

       (5) Division (B) of this section does not apply to any person 2008
who is appointed as a regional transit authority police officer2009
pursuant to division (Y) of section 306.35 of the Revised Code if, 2010
on or before July 1, 1996, the person has completed satisfactorily 2011
an approved state, county, municipal, or department of natural 2012
resources peace officer basic training program and has been 2013
awarded a certificate by the executive director of the Ohio peace 2014
officer training commission attesting to the person's satisfactory 2015
completion of such an approved program and if, on July 1, 1996, 2016
the person is performing peace officer functions for a regional 2017
transit authority.2018

       (C) No person, after September 20, 1984, shall receive an2019
original appointment on a permanent basis as a veterans' home 2020
police officer designated under section 5907.02 of the Revised2021
Code unless the person previously has been awarded a certificate2022
by the executive director of the Ohio peace officer training 2023
commission attesting to the person's satisfactory completion of an 2024
approved police officer basic training program. Every person who 2025
is appointed on a temporary basis or for a probationary term or on 2026
other than a permanent basis as a veterans' home police officer2027
designated under section 5907.02 of the Revised Code shall forfeit 2028
that position unless the person previously has completed 2029
satisfactorily or, within one year from the time of appointment,2030
satisfactorily completes an approved police officer basic training2031
program.2032

       (D) No bailiff or deputy bailiff of a court of record of this 2033
state and no criminal investigator who is employed by the state 2034
public defender shall carry a firearm, as defined in section2035
2923.11 of the Revised Code, while on duty unless the bailiff,2036
deputy bailiff, or criminal investigator has done or received one2037
of the following:2038

       (1) Has been awarded a certificate by the executive director2039
of the Ohio peace officer training commission, which certificate2040
attests to satisfactory completion of an approved state, county,2041
or municipal basic training program for bailiffs and deputy2042
bailiffs of courts of record and for criminal investigators2043
employed by the state public defender that has been recommended by2044
the Ohio peace officer training commission;2045

       (2) Has successfully completed a firearms training program2046
approved by the Ohio peace officer training commission prior to2047
employment as a bailiff, deputy bailiff, or criminal investigator;2048

       (3) Prior to June 6, 1986, was authorized to carry a firearm2049
by the court that employed the bailiff or deputy bailiff or, in2050
the case of a criminal investigator, by the state public defender2051
and has received training in the use of firearms that the Ohio2052
peace officer training commission determines is equivalent to the2053
training that otherwise is required by division (D) of this2054
section.2055

       (E)(1) Before a person seeking a certificate completes an 2056
approved peace officer basic training program, the executive 2057
director of the Ohio peace officer training commission shall 2058
request the person to disclose, and the person shall disclose, any 2059
previous criminal conviction of or plea of guilty of that person 2060
to a felony.2061

       (2) Before a person seeking a certificate completes an 2062
approved peace officer basic training program, the executive 2063
director shall request a criminal history records check on the 2064
person. The executive director shall submit the person's 2065
fingerprints to the bureau of criminal identification and 2066
investigation, which shall submit the fingerprints to the federal 2067
bureau of investigation for a national criminal history records 2068
check.2069

       Upon receipt of the executive director's request, the bureau 2070
of criminal identification and investigation and the federal 2071
bureau of investigation shall conduct a criminal history records 2072
check on the person and, upon completion of the check, shall2073
provide a copy of the criminal history records check to the 2074
executive director. The executive director shall not award any 2075
certificate prescribed in this section unless the executive 2076
director has received a copy of the criminal history records check 2077
on the person to whom the certificate is to be awarded.2078

       (3) The executive director of the commission shall not award2079
a certificate prescribed in this section to a person who has been2080
convicted of or has pleaded guilty to a felony or who fails to2081
disclose any previous criminal conviction of or plea of guilty to2082
a felony as required under division (E)(1) of this section.2083

       (4) The executive director of the commission shall revoke the 2084
certificate awarded to a person as prescribed in this section, and 2085
that person shall forfeit all of the benefits derived from being2086
certified as a peace officer under this section, if the person, 2087
before completion of an approved peace officer basic training 2088
program, failed to disclose any previous criminal conviction of or 2089
plea of guilty to a felony as required under division (E)(1) of 2090
this section.2091

       (F)(1) Regardless of whether the person has been awarded the2092
certificate or has been classified as a peace officer prior to,2093
on, or after October 16, 1996, the executive director of the Ohio2094
peace officer training commission shall revoke any certificate2095
that has been awarded to a person as prescribed in this section if2096
the person does either of the following:2097

       (a) Pleads guilty to a felony committed on or after January2098
1, 1997;2099

       (b) Pleads guilty to a misdemeanor committed on or after2100
January 1, 1997, pursuant to a negotiated plea agreement as2101
provided in division (D) of section 2929.43 of the Revised Code in2102
which the person agrees to surrender the certificate awarded to2103
the person under this section.2104

       (2) The executive director of the commission shall suspend2105
any certificate that has been awarded to a person as prescribed in2106
this section if the person is convicted, after trial, of a felony2107
committed on or after January 1, 1997. The executive director2108
shall suspend the certificate pursuant to division (F)(2) of this2109
section pending the outcome of an appeal by the person from that2110
conviction to the highest court to which the appeal is taken or2111
until the expiration of the period in which an appeal is required2112
to be filed. If the person files an appeal that results in that2113
person's acquittal of the felony or conviction of a misdemeanor,2114
or in the dismissal of the felony charge against that person, the2115
executive director shall reinstate the certificate awarded to the2116
person under this section. If the person files an appeal from that 2117
person's conviction of the felony and the conviction is upheld by 2118
the highest court to which the appeal is taken or if the person 2119
does not file a timely appeal, the executive director shall revoke 2120
the certificate awarded to the person under this section.2121

       (G)(1) If a person is awarded a certificate under this2122
section and the certificate is revoked pursuant to division (E)(4)2123
or (F) of this section, the person shall not be eligible to2124
receive, at any time, a certificate attesting to the person's2125
satisfactory completion of a peace officer basic training program.2126

       (2) The revocation or suspension of a certificate under2127
division (E)(4) or (F) of this section shall be in accordance with2128
Chapter 119. of the Revised Code.2129

       (H)(1) A person who was employed as a peace officer of a2130
county, township, or municipal corporation of the state on January2131
1, 1966, and who has completed at least sixteen years of full-time2132
active service as such a peace officer, or equivalent service as 2133
determined by the executive director of the Ohio peace officer 2134
training commission, may receive an original appointment on a 2135
permanent basis and serve as a peace officer of a county, 2136
township, or municipal corporation, or as a state university law 2137
enforcement officer, without complying with the requirements of 2138
division (B) of this section.2139

       (2) Any person who held an appointment as a state highway2140
trooper on January 1, 1966, may receive an original appointment on2141
a permanent basis and serve as a peace officer of a county,2142
township, or municipal corporation, or as a state university law2143
enforcement officer, without complying with the requirements of2144
division (B) of this section.2145

       (I) No person who is appointed as a peace officer of a2146
county, township, or municipal corporation on or after April 9,2147
1985, shall serve as a peace officer of that county, township, or2148
municipal corporation unless the person has received training in2149
the handling of missing children and child abuse and neglect cases2150
from an approved state, county, township, or municipal police2151
officer basic training program or receives the training within the2152
time prescribed by rules adopted by the attorney general pursuant2153
to section 109.741 of the Revised Code.2154

       (J) No part of any approved state, county, or municipal basic 2155
training program for bailiffs and deputy bailiffs of courts of 2156
record and no part of any approved state, county, or municipal2157
basic training program for criminal investigators employed by the2158
state public defender shall be used as credit toward the2159
completion by a peace officer of any part of the approved state,2160
county, or municipal peace officer basic training program that the2161
peace officer is required by this section to complete2162
satisfactorily.2163

       (K) This section does not apply to any member of the police2164
department of a municipal corporation in an adjoining state2165
serving in this state under a contract pursuant to section 737.042166
of the Revised Code.2167

       Sec. 109.802.  (A) There is hereby created in the state2168
treasury the law enforcement assistance fund. The fundattorney 2169
general shall be useduse the fund to pay reimbursements for 2170
continuing professional training programs for peace officers and 2171
troopers as provided in this section and section 109.803 of the 2172
Revised Code, the compensation of any employees of the attorney 2173
general required to administer those sections, and any other2174
administrative costs incurred by the attorney general to2175
administer those sections.2176

       (B) The attorney general shall adopt rules in accordance with 2177
Chapter 119. of the Revised Code establishing application2178
procedures, standards, and guidelines, and prescribing an2179
application form, for the reimbursement of public appointing 2180
authorities for the cost of continuing professional training 2181
programs for their peace officers and troopers. The rules shall 2182
include, but are not limited to, all of the following:2183

       (1) A requirement that applications for reimbursement be2184
submitted on a calendar-year basis;2185

       (2) The documentation required to substantiate any costs for 2186
which the applicant seeks reimbursement;2187

       (3) Procedures for submitting applications for reimbursement 2188
for the cost of continuing professional training programs 2189
completed by a peace officer or trooper for whom the executive 2190
director of the Ohio peace officer training commission granted 2191
pursuant to division (A)(2) of section 109.803 of the Revised Code 2192
an extension of the time for compliance with the continuing 2193
professional training requirement specified in division (A) of 2194
that section and who complied with the requirement prior to the 2195
date on which the extension ends;2196

       (4) Any other requirements necessary for the proper2197
administration of the reimbursement program.2198

       (C) The Ohio peace officer training commission shall 2199
administer a program for reimbursing public appointing authorities 2200
for the costs of continuing professional training programs that 2201
are successfully completed by the appointing authority's peace 2202
officers or troopers. The commission shall administer the 2203
reimbursement program in accordance with rules adopted by the 2204
attorney general pursuant to division (B) of this section.2205

        (D) Each public appointing authority may apply each calendar 2206
year to the peace officer training commission for reimbursement 2207
for the costs of continuing professional training programs that 2208
are successfully completed by the appointing authority's peace 2209
officers or troopers. Each application shall be made in accordance 2210
with, on an application form prescribed in, and be supported by 2211
the documentation required by, the rules adopted by the attorney2212
general pursuant to division (B) of this section.2213

       (E)(1) The Ohio peace officer training commission, in 2214
accordance with rules of the attorney general adopted under 2215
division (B) of this section, shall review each application for 2216
reimbursement made under division (D) of this section to determine 2217
if the applicant is entitled to reimbursement for the training 2218
programs for which the applicant seeks reimbursement. Except as 2219
provided in division (E)(2) of this section, a public appointing 2220
authority that complies with division (B) of section 109.761 of 2221
the Revised Code and applies under division (D) of this section 2222
for reimbursement is entitled to reimbursement only if allfor 2223
each of the appointing authority's peace officers or troopers 2224
complywho timely complies with the continuing professional 2225
training requirement specified in division (A)(1) of section 2226
109.803 of the Revised Code by completing the minimum number of 2227
hours of training directed by the Ohio peace officer training 2228
commission under that division and with the other requirements 2229
described in that division.2230

        (2) If a public appointing authority applies under division 2231
(D) of this section for reimbursement, if one or more of its peace 2232
officers or troopers have not complied with the continuing 2233
professional training requirement specified in division (A)(1) of 2234
section 109.803 of the Revised Code by completing the minimum 2235
number of hours of training directed by the Ohio peace officer 2236
training commission under that division, and if the executive 2237
director of the commission granted pursuant to division (A)(2) of 2238
section 109.803 of the Revised Code an extension of the time 2239
within which each of those peace officers or troopers who have not 2240
complied with the continuing professional training requirement 2241
must comply with that requirement, notwithstanding division (E)(1) 2242
of this section, both of the following apply:2243

       (a) If each peace officer or trooper of the public appointing 2244
authority for whom the executive director of the commission did 2245
not grant an extension pursuant to division (A)(2) of section 2246
109.803 of the Revised Code has complied with the continuing 2247
professional training requirement and with the other requirements 2248
described in division (A)(1) of section 109.803 of the Revised 2249
Code, the public appointing authority is entitled to reimbursement 2250
for the training programs completed by all of its peace officers 2251
or troopers who have so complied with the continuing professional 2252
training requirement and the other specified requirements.2253

       (b) If a peace officer or trooper of the public appointing 2254
authority for whom the executive director of the commission 2255
granted an extension pursuant to division (A)(2) of section 2256
109.803 of the Revised Code complies prior to the date on which 2257
the extension ends with the continuing professional training 2258
requirement, and if the peace officer or trooper also has complied 2259
with the other requirements described in division (A)(1) of 2260
section 109.803 of the Revised Code, the public appointing 2261
authority is entitled to reimbursement for the training programs 2262
completed by that peace officer or trooper. An application for 2263
reimbursement of the type described in this division shall be made 2264
in accordance with rules adopted by the attorney general pursuant 2265
to division (B) of section 109.802 of the Revised Code.2266

        (3) If a public appointing authority that applies under 2267
division (D) of this section for reimbursement is entitled to 2268
reimbursement under division (E)(1) or (2) of this section for 2269
each peace officer and trooper who successfully completes a 2270
training program, the commission shall approve reimbursing the 2271
appointing authority for the cost of that program. The actual 2272
amount of reimbursement for each authorized training program shall 2273
be determined by rules adopted by the attorney general under 2274
division (B) of this section.2275

       If the public appointing authority is entitled to 2276
reimbursement under division (E)(2)(a) of this section, payment of 2277
the reimbursement shall not be withheld during the period of the 2278
extension granted to the other peace officers or troopers of the 2279
authority pursuant to division (A)(2) of section 109.803 of the 2280
Revised Code, pending their compliance with the requirement. If 2281
the public appointing authority is entitled to reimbursement under 2282
division (E)(2)(a) of this section and if one or more of its peace 2283
officers or troopers who were granted an extension pursuant to 2284
division (A)(2) of section 109.803 of the Revised Code fails to 2285
complete prior to the date on which the extension ends the 2286
required minimum number of hours of continuing professional 2287
training set by the commission under division (A)(1) of section 2288
109.803 of the Revised Code, the failure does not affect the 2289
reimbursement made to the public appointing authority, and the 2290
public appointing authority is not required to return the 2291
reimbursement or any portion of it.2292

        (F) Each public appointing authority that receives funds 2293
under this section shall keep those funds separate from any other 2294
funds of the appointing authority and shall use those funds only 2295
for paying the cost of continuing professional training programs.2296

        (G) As used in this section and section 109.803 of the2297
Revised Code:2298

       (1) "Peace officer" has the same meaning as in section 109.71 2299
of the Revised Code.2300

       (2) "Trooper" means an individual appointed as a state 2301
highway patrol trooper under section 5503.01 of the Revised Code.2302

        (3) "Appointing authority" means any agency or entity that 2303
appoints a peace officer or trooper.2304

       Sec. 109.803. (A)(1) Subject to division (A)(2) of this 2305
section, every appointing authority shall require each of its 2306
appointed peace officers and troopers to complete up to 2307
twenty-four hours of continuing professional training each 2308
calendar year, as directed by the Ohio peace officer training 2309
commission. The number of hours directed by the commission, up to 2310
twenty-four hours, is intended to be a minimum requirement, and 2311
appointing authorities are encouraged to exceed the number of 2312
hours the commission directs as the minimum. The commission shall 2313
set the required minimum number of hours based upon available 2314
funding for reimbursement as described in this division. If no 2315
funding for the reimbursement is available, no continuing 2316
professional training will be required.2317

        (2) An appointing authority may submit a written request to 2318
the peace officer training commission that requests for a calendar 2319
year because of emergency circumstances an extension of the time 2320
within which one or more of its appointed peace officers or 2321
troopers must complete the required minimum number of hours of 2322
continuing professional training set by the commission, as 2323
described in division (A)(1) of this section. A request made under 2324
this division shall set forth the name of each of the appointing 2325
authority's peace officers or troopers for whom an extension is 2326
requested, identify the emergency circumstances related to that 2327
peace officer or trooper, include documentation of those emergency 2328
circumstances, and set forth the date on which the request is 2329
submitted to the commission. A request shall be made under this 2330
division not later than the fifteenth day of December in the 2331
calendar year for which the extension is requested.2332

        Upon receipt of a written request made under this division, 2333
the executive director of the commission shall review the request 2334
and the submitted documentation. If the executive director of the 2335
commission is satisfied that emergency circumstances exist for any 2336
peace officer or trooper for whom a request was made under this 2337
division, the executive director may approve the request for that 2338
peace officer or trooper and grant an extension of the time within 2339
which that peace officer or trooper must complete the required 2340
minimum number of hours of continuing professional training set by 2341
the commission. An extension granted under this division may be 2342
for any period of time the executive director believes to be 2343
appropriate, and the executive director shall specify in the 2344
notice granting the extension the date on which the extension 2345
ends. Not later than thirty days after the date on which a request 2346
is submitted to the commission, for each peace officer and trooper 2347
for whom an extension is requested, the executive director either 2348
shall approve the request and grant an extension or deny the 2349
request and deny an extension and shall send to the appointing 2350
authority that submitted the request written notice of the 2351
executive director's decision.2352

       If the executive director grants an extension of the time 2353
within which a particular appointed peace officer or trooper of an 2354
appointing authority must complete the required minimum number of 2355
hours of continuing professional training set by the commission, 2356
the appointing authority shall require that peace officer or 2357
trooper to complete the required minimum number of hours of 2358
training not later than the date on which the extension ends.2359

       (3)(a) If a public appointing authority complies with the 2360
training requirement specified in division (A)(1) of this section 2361
by requiring each of its appointed peace officers and troopers to 2362
complete the number of hours of training the commission directs as 2363
the minimum and with division (B) of section 109.761 of the 2364
Revised Code and if the appointed peace officers and troopers of 2365
the public appointing authority comply with section 109.801 of the 2366
Revised Code to the extent that they are subject to that section 2367
and comply with all other training mandated by the general 2368
assembly or the attorney general, the attorney general shall 2369
reimburse the public appointing authority for the successful 2370
training costs of each of its appointed peace officers and 2371
troopers as provided in section 109.802 of the Revised Code.2372

       (b) If the executive director of the Ohio peace officer 2373
training commission grants pursuant to division (A)(2) of this 2374
section an extension of the time within which one or more 2375
appointed peace officers or troopers of a public appointing 2376
authority must complete the required minimum number of hours of 2377
continuing professional training set by the commission, and if the 2378
criteria set forth in division (A)(3)(a) of this section are 2379
satisfied regarding each appointed peace officer or trooper of the 2380
public appointing authority for whom such an extension was not 2381
granted, the attorney general shall reimburse the public 2382
appointing authority for the successful training costs of each of 2383
its appointed peace officers and troopers for whom such an 2384
extension was not granted, as provided in section 109.802 of the 2385
Revised Code.2386

        If an appointed peace officer or trooper of a public 2387
appointing authority for whom the executive director granted such 2388
an extension completes prior to the date on which the extension 2389
ends the number of hours of training the commission directs as the 2390
minimum, if the officer or trooper also has complied with section 2391
109.801 of the Revised Code to the extent that the officer or 2392
trooper is subject to that section and has complied with all other 2393
training mandated by the general assembly or the attorney general, 2394
and if the public appointing authority has complied with division 2395
(B) of section 109.761 of the Revised Code, the attorney general 2396
shall reimburse the public appointing authority for the successful 2397
training costs of that peace officer or trooper as provided in 2398
section 109.802 of the Revised Code.2399

       (B)(1) Subject to division (B)(2) of this section, no 2400
appointed peace officer or trooper of an appointing authority who 2401
fails to complete in any calendar year the required hours of 2402
continuing professional training the Ohio peace officer training 2403
commission directs pursuant to division (A) of this section as the 2404
minimum number of hours or who fails to comply with section 2405
109.801 of the Revised Code or any other required training shall 2406
carry a firearm during the course of official duties or perform 2407
the functions of a peace officer or trooper until evidence of the 2408
peace officer's or trooper's compliance with those requirements is 2409
filed with the executive director of the Ohio peace officer 2410
training commission.2411

       (2) If the executive director of the Ohio peace officer 2412
training commission grants pursuant to division (A)(2) of this 2413
section an extension of the time within which an appointed peace 2414
officer or trooper of an appointing authority must complete the 2415
required minimum number of hours of continuing professional 2416
training set by the commission, during the period of the extension 2417
division (B)(1) of this section does not apply to a peace officer 2418
or trooper for whom such an extension was granted, provided that 2419
peace officer or trooper has complied with section 109.801 of the 2420
Revised Code to the extent that the officer or trooper is subject 2421
to that section and has complied with all other required training. 2422
If a peace officer or trooper of an appointing authority for whom 2423
such an extension was granted fails to complete prior to the date 2424
on which the extension ends the required minimum number of hours 2425
of continuing professional training set by the commission, 2426
division (B)(1) of this section applies to that officer or trooper 2427
after the date on which the extension ends.2428

       (C)(B) With the advice of the Ohio peace officer training 2429
commission, the attorney general shall adopt in accordance with 2430
Chapter 119. of the Revised Code rules setting forth minimum 2431
standards for continuing professional training for peace officers 2432
and troopers and governing the administration of continuing 2433
professional training programs for peace officers and troopers. 2434
The attorney general shall transmit a certified copy of any rule 2435
adopted under this section to the secretary of state.2436

       Sec. 111.26.  (A) It is hereby declared to be a public 2437
purpose and function of the state to facilitate the conduct of 2438
elections by assisting boards of elections in acquiring state 2439
capital facilities consisting of voting machines, marking devices, 2440
and automatic tabulating equipment certified for use in this 2441
state under section 3506.05 of the Revised Code. Those voting 2442
machines, marking devices, and automatic tabulating equipment are 2443
designated as capital facilities under sections 152.09 to 152.33 2444
of the Revised Code. The Ohio building authority is authorized to 2445
issue revenue obligations under sections 152.09 to 152.33 of the 2446
Revised Code to pay all or part of the cost of those state 2447
capital facilities as are designated by law.2448

       Boards of elections, due to their responsibilities related to 2449
the proper conduct of elections under state law, are designated as 2450
state agencies having jurisdiction over those state capital 2451
facilities financed in part pursuant to this section and Chapter 2452
152. of the Revised Code. It is hereby determined and declared 2453
that voting machines, marking devices, and automatic tabulating 2454
equipment financed in part under this section are for the purpose 2455
of housing agencies of state government, their functions and 2456
equipment.2457

       (B) A county shall contribute to the cost of capital 2458
facilities authorized under this section as provided below.2459

       (C) Any lease of capital facilities authorized by this 2460
section, the rentals of which are payable in whole or in part from 2461
appropriations made by the general assembly, is governed by 2462
division (D) of section 152.24 of the Revised Code. Such rentals 2463
constitute available receipts as defined in section 152.09 of the 2464
Revised Code and may be pledged for the payment of bond service 2465
charges as provided in section 152.10 of the Revised Code.2466

       (D) The county voting machine revolving lease/loan fund is 2467
hereby created in the state treasury. The fund shall consist of 2468
the net proceeds of obligations issued under sections 152.09 to 2469
152.33 of the Revised Code to finance a portion of those state 2470
capital facilities described in division (A) of this section, as 2471
needed to ensure sufficient moneys to support appropriations from 2472
the fund. Lease payments from counties made for those capital 2473
facilities financed in part from the fund and interest earnings 2474
on the balance in the fund shall be credited to the fund. The 2475
fund shall also receive any other authorized transfers of cash. 2476
Moneys in the fund shall be used for the purpose of acquiring a 2477
portion of additional capital facilities described in division 2478
(A) of this section at the request of the applicable board of 2479
elections.2480

       Participation in the fund by a board of county commissioners 2481
shall be voluntary.2482

       The secretary of state shall administer the county voting 2483
machine revolving lease/loan fund in accordance with this section 2484
and shall enter into any lease or other agreement with the 2485
department of administrative services, the Ohio building 2486
authority, or any board of elections necessary or appropriate to 2487
accomplish the purposes of this section.2488

       (E) Acquisitions made under this section shall provide not 2489
more than fifty per cent of the estimated total cost of a board of 2490
county commissioners' purchase of voting machines, marking 2491
devices, and automatic tabulating equipment. 2492

       The secretary of state shall adopt rules for the 2493
implementation of the acquisition and revolving lease/loan program 2494
established under this section, which rules shall require that 2495
the secretary of state approve any acquisition of voting 2496
machines, marking devices, and automatic tabulating equipment 2497
using money made available under this section. An acquisition for 2498
any one board of county commissioners shall not exceed five 2499
million dollars and shall be made only for equipment purchased on 2500
or after March 31, 2008.Any costs incurred on or after January 2501
1, 2008, may be considered as the county cost percentage for the 2502
purpose of an acquisition made under this section.2503

       Counties shall lease from the secretary of state the capital 2504
facilities financed in part from the county voting machine 2505
revolving lease/loan fund and may enter into any agreements 2506
required under the applicable bond proceedings. All voting 2507
machines, marking devices, and automatic tabulating equipment 2508
purchased through this fund shall remain the property of the 2509
state until all payments under the applicable county lease have 2510
been made at which time ownership shall transfer to the county. 2511
Costs associated with the maintenance, repair, and operation of 2512
the voting machines, marking devices, and automatic tabulating 2513
equipment purchased under this section shall be the 2514
responsibility of the participating boards of elections and 2515
boards of county commissioners.2516

       Such lease may obligate the counties, as using state agencies 2517
under Chapter 152. of the Revised Code, to operate the capital 2518
facilities for such period of time as may be specified by law and 2519
to pay such rent as the secretary of state determines to be 2520
appropriate. Notwithstanding any other provision of the Revised 2521
Code to the contrary, any county may enter into such a lease, and 2522
any such lease is legally sufficient to obligate the county for 2523
the term stated in the lease. Any such lease constitutes an 2524
agreement described in division (E) of section 152.24 of the 2525
Revised Code.2526

       (F) As used in this section: 2527

       (1) "Automatic tabulating equipment," "marking device," and 2528
"voting machine" have the same meanings as in section 3506.01 of 2529
the Revised Code.2530

       (2) "Equipment" has the same meaning as in section 3506.05 2531
of the Revised Code.2532

       Sec. 111.27. There is hereby established in the state 2533
treasury the board of elections reimbursement and education fund. 2534
The fund shall be used by the secretary of state to reimburse 2535
boards of elections for various purposes, including reimbursements 2536
made under sections 3513.301, 3513.312, 3515.071, and 3521.03 of 2537
the Revised Code, and to provide training and educational programs 2538
for members and employees of boards of elections. The fund shall 2539
receive transfers of cash pursuant to controlling board action and 2540
also shall receive revenues from fees, gifts, grants, donations, 2541
and other similar receipts.2542

       Sec. 117.54. When conducting an audit under section 117.11 of 2543
the Revised Code of a city, local, or exempted village school 2544
district, a community school established under Chapter 3314. of 2545
the Revised Code, or a STEM school established under Chapter 3326. 2546
of the Revised Code, the auditor of state shall determine both of 2547
the following:2548

       (A) Whether the school district, community school, or STEM 2549
school has adopted and submitted a spending plan under section 2550
3306.30 and, if applicable, section 3306.31 of the Revised Code 2551
and that spending plan complies with any applicable expenditure 2552
or reporting standard prescribed by rule adopted under section 2553
3306.25 of the Revised Code;2554

       (B) Whether the school district, community school, or STEM 2555
school has adopted a plan to implement recommendations of a 2556
performance review conducted under section 3306.32 of the Revised 2557
Code or a performance audit conducted under section 3316.042 of 2558
the Revised Code.2559

       The auditor of state shall record these determinations in the 2560
audit report.2561

       Sec. 118.05.  (A) Pursuant to the powers of the general2562
assembly and for the purposes of this chapter, upon the occurrence 2563
of a fiscal emergency in any municipal corporation, county, or 2564
township, as determined pursuant to section 118.04 of the Revised 2565
Code, there is established, with respect to that municipal2566
corporation, county, or township, a body both corporate and 2567
politic constituting an agency and instrumentality of the state 2568
and performing essential governmental functions of the state to be 2569
known as the "financial planning and supervision commission for 2570
............... (name of municipal corporation, county, or 2571
township)," which, in that name, may exercise all authority vested 2572
in such a commission by this chapter. A separate commission is 2573
established with respect to each municipal corporation, county, or 2574
township as to which there is a fiscal emergency as determined 2575
under this chapter.2576

       (B) A commission shall consist of the following seven voting 2577
members:2578

       (1) Four ex officio members: the treasurer of state; the2579
director of budget and management; in the case of a municipal2580
corporation, the mayor of the municipal corporation and the 2581
presiding officer of the legislative authority of the municipal 2582
corporation; in the case of a county, the president of the board 2583
of county commissioners and the county auditor; and in the case of 2584
a township, a member of the board of township trustees and the 2585
county auditor.2586

       The treasurer of state may designate a deputy treasurer or2587
director within the office of the treasurer of state or any other2588
appropriate person who is not an employee of the treasurer of 2589
state's office; the director of budget and management may 2590
designate an individual within the office of budget and management 2591
or any other appropriate person who is not an employee of the2592
office of budget and management; the mayor may designate a 2593
responsible official within the mayor's office or the fiscal 2594
officer of the municipal corporation; the presiding officer of the 2595
legislative authority of the municipal corporation may designate 2596
any other member of the legislative authority; the board of county 2597
commissioners may designate any other member of the board or the 2598
fiscal officer of the county; and the board of township trustees 2599
may designate any other member of the board or the fiscal officer 2600
of the township to attend the meetings of the commission when the 2601
ex officio member is absent or unable for any reason to attend. A 2602
designee, when present, shall be counted in determining whether a 2603
quorum is present at any meeting of the commission and may vote 2604
and participate in all proceedings and actions of the commission. 2605
The designations shall be in writing, executed by the ex officio 2606
member or entity making the designation, and filed with the 2607
secretary of the commission. The designations may be changed from 2608
time to time in like manner, but due regard shall be given to the 2609
need for continuity.2610

       (2) ThreeIf a municipal corporation, county, or township 2611
has a population of at least one thousand, three members nominated 2612
and appointed as follows:2613

       The mayor and presiding officer of the legislative authority 2614
of the municipal corporation, the board of county commissioners, 2615
or the board of township trustees shall, within ten days after the2616
determination of the fiscal emergency by the auditor of state2617
under section 118.04 of the Revised Code, submit in writing to the 2618
governor the nomination of five persons agreed to by them and2619
meeting the qualifications set forth in this division. If the2620
governor is not satisfied that at least three of the nominees are2621
well qualified, the governor shall notify the mayor and presiding2622
officer, or the board of county commissioners, or the board of 2623
township trustees to submit in writing, within five days, 2624
additional nominees agreed upon by them, not exceeding three. The 2625
governor shall appoint three members from all the agreed-upon 2626
nominees so submitted or a lesser number that the governor 2627
considers well qualified within thirty days after receipt of the 2628
nominations, and shall fill any remaining positions on the 2629
commission by appointment of any other persons meeting the 2630
qualifications set forth in this division. All appointments by 2631
the governor shall be made with the advice and consent of the 2632
senate. Each of the three appointed members shall serve during the 2633
life of the commission, subject to removal by the governor for 2634
misfeasance, nonfeasance, or malfeasance in office. In the event 2635
of the death, resignation, incapacity, removal, or ineligibility 2636
to serve of an appointed member, the governor, pursuant to the 2637
process for original appointment, shall appoint a successor.2638

       (3) If a municipal corporation, county, or township has a 2639
population of less than one thousand, one member nominated and 2640
appointed as follows:2641

       The mayor and presiding officer of the legislative authority 2642
of the municipal corporation, the board of county commissioners, 2643
or the board of township trustees shall, within ten days after the 2644
determination of the fiscal emergency by the auditor of state 2645
under section 118.04 of the Revised Code, submit in writing to the 2646
governor the nomination of three persons agreed to by them and 2647
meeting the qualifications set forth in this division. If the 2648
governor is not satisfied that at least one of the nominees is 2649
well qualified, the governor shall notify the mayor and presiding 2650
officer, or the board of county commissioners, or the board of 2651
township trustees to submit in writing, within five days, 2652
additional nominees agreed upon by them, not exceeding three. The 2653
governor shall appoint one member from all the agreed-upon 2654
nominees so submitted or shall fill the position on the commission 2655
by appointment of any other person meeting the qualifications set 2656
forth in this division. All appointments by the governor shall be 2657
made with the advice and consent of the senate. The appointed 2658
member shall serve during the life of the commission, subject to 2659
removal by the governor for misfeasance, nonfeasance, or 2660
malfeasance in office. In the event of the death, resignation, 2661
incapacity, removal, or ineligibility to serve of the appointed 2662
member, the governor, pursuant to the process for original 2663
appointment, shall appoint a successor.2664

       Each of the three appointed membersmember shall be an 2665
individual:2666

       (a) Who has knowledge and experience in financial matters,2667
financial management, or business organization or operations,2668
including at least five years of experience in the private sector2669
in the management of business or financial enterprise or in2670
management consulting, public accounting, or other professional2671
activity;2672

       (b) Whose residency, office, or principal place of2673
professional or business activity is situated within the municipal2674
corporation, county, or township;2675

       (c) Who has not, at any time during the five years preceding 2676
the date of appointment, held any elected public office. An2677
appointed member of the commission shall not become a candidate 2678
for elected public office while serving as a member of the 2679
commission.2680

       (C) Immediately after appointment of the initial three2681
appointed member or members of the commission, the governor shall 2682
call the first meeting of the commission and shall cause written 2683
notice of the time, date, and place of the first meeting to be 2684
given to each member of the commission at least forty-eight hours 2685
in advance of the meeting.2686

       (D) The director of budget and management shall serve as2687
chairperson of the commission. The commission shall elect one of 2688
its members to serve as vice-chairperson and may appoint a2689
secretary and any other officers, who need not be members of the2690
commission, it considers necessary.2691

       (E) The commission may adopt and alter bylaws and rules,2692
which shall not be subject to section 111.15 or Chapter 119. of2693
the Revised Code, for the conduct of its affairs and for the2694
manner, subject to this chapter, in which its powers and functions 2695
shall be exercised and embodied.2696

       (F) FiveFour members of thea commission established 2697
pursuant to divisions (B)(1) and (2) of this section constitute a 2698
quorum of the commission. The affirmative vote of fivefour2699
members of thesuch a commission is necessary for any action 2700
taken by vote of the commission. Three members of a commission 2701
established pursuant to divisions (B)(1) and (3) of this section 2702
constitute a quorum of the commission. The affirmative vote of 2703
three members of such a commission is necessary for any action 2704
taken by vote of the commission. No vacancy in the membership 2705
of the commission shall impair the rights of a quorum by such 2706
vote to exercise all the rights and perform all the duties of the 2707
commission. Members of the commission, and their designees, are 2708
not disqualified from voting by reason of the functions of the 2709
other office they hold and are not disqualified from exercising 2710
the functions of the other office with respect to the municipal 2711
corporation, county, or township, its officers, or the 2712
commission.2713

       (G) The auditor of state shall serve as the "financial 2714
supervisor" to the commission unless the auditor of state elects 2715
to contract for that service. As used in this chapter, "financial 2716
supervisor" means the auditor of state.2717

       (H) At the request of the commission, the auditor of state2718
shall designate employees of the auditor of state's office to 2719
assist the commission and the financial supervisor and to 2720
coordinate the work of the auditor of state's office and the 2721
financial supervisor. Upon the determination of a fiscal emergency 2722
in any municipal corporation, county, or township, the municipal 2723
corporation, county, or township shall provide the commission with 2724
such reasonable office space in the principal building housing 2725
city, county, or township government, where feasible, as it 2726
determines is necessary to carry out its duties under this 2727
chapter.2728

       (I) The financial supervisor, the members of the commission, 2729
the auditor of state, and any person authorized to act on behalf 2730
of or assist them shall not be personally liable or subject to any 2731
suit, judgment, or claim for damages resulting from the exercise 2732
of or failure to exercise the powers, duties, and functions 2733
granted to them in regard to their functioning under this chapter, 2734
but the commission, the financial supervisor, the auditor of 2735
state, and those other persons shall be subject to mandamus 2736
proceedings to compel performance of their duties under this 2737
chapter and with respect to any debt obligations issued pursuant 2738
or subject to this chapter.2739

       (J) At the request of the commission, the administrative head 2740
of any state agency shall temporarily assign personnel skilled in 2741
accounting and budgeting procedures to assist the commission or 2742
the financial supervisor in its duties as financial supervisor.2743

       (K) The appointed members of the commission are not subject 2744
to section 102.02 of the Revised Code. Each appointed member of 2745
the commission shall file with the commission a signed written 2746
statement setting forth the general nature of sales of goods, 2747
property, or services or of loans to the municipal corporation, 2748
county, or township with respect to which that commission is 2749
established, in which the appointed member has a pecuniary 2750
interest or in which any member of the appointed member's2751
immediate family, as defined in section 102.01 of the Revised2752
Code, or any corporation, partnership, or enterprise of which the2753
appointed member is an officer, director, or partner, or of which 2754
the appointed member or a member of the appointed member's 2755
immediate family, as so defined, owns more than a five per cent 2756
interest, has a pecuniary interest, and of which sale, loan, or 2757
interest such member has knowledge. The statement shall be2758
supplemented from time to time to reflect changes in the general2759
nature of any such sales or loans.2760

       Sec. 120.04.  (A) The state public defender shall serve at2761
the pleasure of the Ohio public defender commission and shall be2762
an attorney with a minimum of four years of experience in the2763
practice of law and be admitted to the practice of law in this2764
state at least one year prior to appointment.2765

       (B) The state public defender shall do all of the following:2766

       (1) Maintain a central office in Columbus. The central office 2767
shall be provided with a library of adequate size, considering the 2768
needs of the office and the accessibility of other libraries, and 2769
other necessary facilities and equipment.2770

       (2) Appoint assistant state public defenders, all of whom2771
shall be attorneys admitted to the practice of law in this state,2772
and other personnel necessary for the operation of the state2773
public defender office. Assistant state public defenders shall be 2774
appointed on a full-time basis. The state public defender,2775
assistant state public defenders, and employees appointed by the2776
state public defender shall not engage in the private practice of2777
law.2778

       (3) Supervise the compliance of county public defender2779
offices, joint county public defender offices, and county2780
appointed counsel systems with standards established by rules of2781
the Ohio public defender commission pursuant to division (B) of2782
section 120.03 of the Revised Code;2783

       (4) Keep and maintain financial records of all cases handled 2784
and develop records for use in the calculation of direct and 2785
indirect costs, in the operation of the office, and report2786
periodically, but not less than annually, to the commission on all 2787
relevant data on the operations of the office, costs, projected 2788
needs, and recommendations for legislation or amendments to court 2789
rules, as may be appropriate to improve the criminal justice 2790
system;2791

       (5) Collect all moneys due the state for reimbursement for2792
legal services under this chapter and under section 2941.51 of the 2793
Revised Code and institute any actions in court on behalf of the 2794
state for the collection of such sums that the state public 2795
defender considers advisable. Except as provided otherwise in 2796
division (D) of section 120.06 of the Revised Code, all moneys 2797
collected by the state public defender under this chapter and 2798
section 2941.51 of the Revised Code shall be deposited in the 2799
state treasury to the credit of the client payment fund, which is 2800
hereby created. All moneys credited to the fund shall be used by 2801
the state public defender to appoint assistant state public 2802
defenders and to provide other personnel, equipment, and 2803
facilities necessary for the operation of the state public 2804
defender office, to reimburse counties for the operation of county 2805
public defender offices, joint county public defender offices, and 2806
county appointed counsel systems pursuant to sections 120.18, 2807
120.28, and 120.33 of the Revised Code, or to provide assistance 2808
to counties in the operation of county indigent defense systems.2809

       (6) With respect to funds appropriated to the commission to 2810
pay criminal costs, perform the duties imposed by sections 2949.19 2811
and 2949.201 of the Revised Code;2812

       (7) Establish standards and guidelines for the reimbursement, 2813
pursuant to sections 120.18, 120.28, 120.33, 2941.51, and 2949.19 2814
of the Revised Code, of counties for the operation of county 2815
public defender offices, joint county public defender offices, and 2816
county appointed counsel systems and for other costs related to 2817
felony prosecutions;2818

       (8) Establish maximum amounts that the state will reimburse 2819
the counties pursuant to sections 120.18, 120.28, 120.33, and 2820
2941.51 of the Revised Code;2821

       (9) Establish minimum and maximum hourly rates and per case2822
amounts for fee schedules that the state will reimburse the 2823
counties pursuant to section 120.33 of the Revised Code for each 2824
specific type of legal service performed by a county appointed 2825
counsel system;2826

       (10) Administer sections 120.18, 120.28, 120.33, 2941.51, and 2827
2949.19 of the Revised Code and make reimbursements pursuant to 2828
those sections;2829

       (11) Administer the program established pursuant to sections 2830
120.51 to 120.55 of the Revised Code for the charitable public 2831
purpose of providing financial assistance to legal aid societies. 2832
Neither the state public defender nor any of the state public 2833
defender's employees who is responsible in any way for the 2834
administration of that program and who performs those 2835
administrative responsibilities in good faith is in any manner 2836
liable if a legal aid society that is provided financial 2837
assistance under the program uses the financial assistance other 2838
than in accordance with sections 120.51 to 120.55 of the Revised 2839
Code or fails to comply with the requirements of those sections.2840

       (12) Establish an office for the handling of appeal and2841
postconviction matters;2842

       (13) Provide technical aid and assistance to county public2843
defender offices, joint county public defender offices, and other2844
local counsel providing legal representation to indigent persons,2845
including representation and assistance on appeals.2846

       (C) The state public defender may do any of the following:2847

       (1) In providing legal representation, conduct2848
investigations, obtain expert testimony, take depositions, use2849
other discovery methods, order transcripts, and make all other2850
preparations which are appropriate and necessary to an adequate2851
defense or the prosecution of appeals and other legal proceedings;2852

       (2) Seek, solicit, and apply for grants for the operation of 2853
programs for the defense of indigent persons from any public or 2854
private source, and may receive donations, grants, awards, and2855
similar funds from any lawful source. Such funds shall be2856
deposited in the state treasury to the credit of the public2857
defender gifts and grants fund, which is hereby created.2858

       (3) Make all the necessary arrangements to coordinate the2859
services of the office with any federal, county, or private2860
programs established to provide legal representation to indigent2861
persons and others, and to obtain and provide all funds allowable2862
under any such programs;2863

       (4) Consult and cooperate with professional groups concerned 2864
with the causes of criminal conduct, the reduction of crime, the 2865
rehabilitation and correction of persons convicted of crime, the 2866
administration of criminal justice, and the administration and 2867
operation of the state public defender's office;2868

       (5) Accept the services of volunteer workers and consultants 2869
at no compensation other than reimbursement for actual and 2870
necessary expenses;2871

       (6) Prescribe any forms that are necessary for the uniform2872
operation of this chapter;2873

       (7) Contract with a county public defender commission or a2874
joint county public defender commission to provide all or any part 2875
of the services that a county public defender or joint county 2876
public defender is required or permitted to provide by this 2877
chapter, or contract with a board of county commissioners of a 2878
county that is not served by a county public defender commission 2879
or a joint county public defender commission for the provision of 2880
services in accordance with section 120.33 of the Revised Code. 2881
All money received by the state public defender pursuant to such a 2882
contract shall be credited to either the multi-county: county 2883
share fund or, if received as a result of a contract with Trumbull 2884
county, the Trumbull county: county share fund.2885

       (8) Authorize persons employed as criminal investigators to 2886
attend the Ohio peace officer training academy or any other peace 2887
officer training school for training;2888

       (9) Procure a policy or policies of malpractice insurance2889
that provide coverage for the state public defender and assistant2890
state public defenders in connection with malpractice claims that2891
may arise from their actions or omissions related to2892
responsibilities derived pursuant to this chapter.2893

       (D) No person employed by the state public defender as a2894
criminal investigator shall attend the Ohio peace officer training 2895
academy or any other peace officer training school unless 2896
authorized to do so by the state public defender.2897

       Sec. 120.08.  There is hereby created in the state treasury 2898
the indigent defense support fund, consisting of money paid into 2899
the fund pursuant to sectionsections 4507.45, 4509.101, 4510.22, 2900
and 4511.19 of the Revised Code and pursuant to sectionsections 2901
2937.22, 2949.091, and 2949.094 of the Revised Code out of the 2902
additional court costs imposed under that sectionthose sections. 2903
The state public defender shall use at least ninety per cent of2904
the money in the fund for the purpose of reimbursing county 2905
governments for expenses incurred pursuant to sections 120.18, 2906
120.28, and 120.33 of the Revised Code. Disbursements from the 2907
fund to county governments shall be made in each state fiscal2908
at least once per year and shall be allocated proportionately 2909
so that each county receives an equal percentage of its total 2910
cost for operating its county public defender system, its joint 2911
county public defender system, or its county appointed counsel 2912
system, or its system operated under division (C)(7) of section 2913
120.04 of the Revised Code and division (B) of section 120.33 of 2914
the Revised Code. The state public defender may use not more than 2915
ten per cent of the money in the fund for the purposes of 2916
appointing assistant state public defenders or for providing 2917
other personnel, equipment, and facilities necessary for the 2918
operation of the state public defender office.2919

       Sec. 120.52. (A) There is hereby established in the state2920
treasury the legal aid fund, whichthat shall be for the 2921
charitable public purpose of providing financial assistance to 2922
legal aid societies that provide civil legal services to 2923
indigents. The fund shall contain all funds credited to it by the 2924
treasurer of state pursuant to sections 1901.26, 1907.24, 2925
2303.201, 2315.50, 3953.231, 4705.09, and 4705.10 of the Revised 2926
Code.2927

       (B) The treasurer of state may invest moneys contained in the2928
legal aid fund in any manner authorized by the Revised Code for2929
the investment of state moneys. However, no such investment shall 2930
interfere with any apportionment, allocation, or payment of moneys 2931
as required by section 120.53 of the Revised Code. 2932

       (C) The state public defender, through the Ohio legal2933
assistance foundation, shall administer the payment of moneys out2934
of the fund. Four and one-half per cent of the moneys in the fund 2935
shall be reserved for the Ohio legal assistance foundation for the2936
actual, reasonable costs of administering sections 120.51 to 2937
120.55 and sections 1901.26, 1907.24, 2303.201, 2315.50, 3953.231, 2938
4705.09, and 4705.10 of the Revised Code. Moneys that are 2939
reserved for administrative costs but that are not used for 2940
actual, reasonable administrative costs shall be set aside for use 2941
in the manner described in division (A) of section 120.521 of the 2942
Revised Code. The remainder of the moneys in the legal aid fund2943
shall be distributed in accordance with section 120.53 of the 2944
Revised Code. The Ohio legal assistance foundation shall be 2945
responsible for administering the programs established under 2946
sections 1901.26, 1907.24, 2303.201, 2315.50, 3953.231, 4705.09, 2947
and 4705.10 of the Revised Code. The Ohio legal assistance 2948
foundation shall establish, in accordance with Chapter 119. of 2949
the Revised Code, rules governing the administration of the legal 2950
aid fund, including the programs established under sections 2951
1901.26, 1907.24, 2303.201, 2315.50, 3953.231, 4705.09, and 2952
4705.10 of the Revised Code regarding interest on 2953
interest-bearing trust accounts of an attorney, law firm, or legal 2954
professional association.2955

       Sec. 120.53.  (A) A legal aid society that operates within2956
the state may apply to the Ohio legal assistance foundation for2957
financial assistance from the legal aid fund established by2958
section 120.52 of the Revised Code to be used for the funding of2959
the society during the calendar year following the calendar year2960
in which application is made.2961

       (B) An application for financial assistance made under2962
division (A) of this section shall be submitted by the first day2963
of November of the calendar year preceding the calendar year for2964
which financial assistance is desired and shall include all of the 2965
following:2966

       (1) Evidence that the applicant is incorporated in this state 2967
as a nonprofit corporation;2968

       (2) A list of the trustees of the applicant;2969

       (3) The proposed budget of the applicant for these funds for 2970
the following calendar year;2971

       (4) A summary of the services to be offered by the applicant 2972
in the following calendar year;2973

       (5) A specific description of the territory or constituency 2974
served by the applicant;2975

       (6) An estimate of the number of persons to be served by the 2976
applicant during the following calendar year;2977

       (7) A general description of the additional sources of the2978
applicant's funding;2979

       (8) The amount of the applicant's total budget for the2980
calendar year in which the application is filed that it will2981
expend in that calendar year for legal services in each of the2982
counties it serves;2983

       (9) A specific description of any services, programs,2984
training, and legal technical assistance to be delivered by the2985
applicant or by another person pursuant to a contract with the2986
applicant, including, but not limited to, by private attorneys or2987
through reduced fee plans, judicare panels, organized pro bono2988
programs, and mediation programs.2989

       (C) The Ohio legal assistance foundation shall determine2990
whether each applicant that filed an application for financial2991
assistance under division (A) of this section in a calendar year2992
is eligible for financial assistance under this section. To be2993
eligible for such financial assistance, an applicant shall satisfy 2994
the criteria for being a legal aid society and shall be in 2995
compliance with the provisions of sections 120.51 to 120.55 of the 2996
Revised Code and with the rules and requirements the foundation 2997
establishes pursuant to section 120.52 of the Revised Code. The 2998
Ohio legal assistance foundation then, on or before the fifteenth 2999
day of December of the calendar year in which the application is3000
filed, shall notify each such applicant, in writing, whether it is 3001
eligible for financial assistance under this section, and if it is 3002
eligible, estimate the amount that will be available for that 3003
applicant for each six-month distribution period, as determined 3004
under division (D) of this section.3005

       (D) The Ohio legal assistance foundation shall allocate3006
moneys contained in the legal aid fund monthly for distribution to 3007
applicants that filed their applications in the previous calendar 3008
year and are determined to be eligible applicants.3009

       All moneys contained in the fund on the first day of each 3010
month shall be allocated, after deduction of the costs of 3011
administering sections 120.51 to 120.55 and sections 1901.26, 3012
1907.24, 2303.201, 2315.50, 3953.231, 4705.09, and 4705.10 of the 3013
Revised Code that are authorized by section 120.52 of the Revised 3014
Code, according to this section and shall be distributed 3015
accordingly not later than the last day of the month following the 3016
month the moneys were received. In making the allocations under 3017
this section, the moneys in the fund that were generated pursuant 3018
to sections 1901.26, 1907.24, 2303.201, 2315.50, 3953.231,3019
4705.09, and 4705.10 of the Revised Code shall be apportioned as3020
follows:3021

       (1) After deduction of the amount authorized and used for3022
actual, reasonable administrative costs under section 120.52 of3023
the Revised Code:3024

       (a) Five per cent of the moneys remaining in the fund shall 3025
be reserved for use in the manner described in division (A) of 3026
section 120.521 of the Revised Code or for distribution to legal 3027
aid societies that provide assistance to special population groups 3028
of their eligible clients, engage in special projects that have a3029
substantial impact on their local service area or on significant3030
segments of the state's poverty population, or provide legal3031
training or support to other legal aid societies in the state;3032

       (b) After deduction of the amount described in division3033
(D)(1)(a) of this section, one and three-quarters per cent of the3034
moneys remaining in the fund shall be apportioned among entities3035
that received financial assistance from the legal aid fund prior3036
to the effective date of this amendmentJuly 1, 1993, but that, on 3037
and after the effective date of this amendmentJuly 1, 1993, no 3038
longer qualify as a legal aid society that is eligible for 3039
financial assistance under this section.3040

       (c) After deduction of the amounts described in divisions 3041
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys 3042
remaining in the fund shall be placed in the legal assistance 3043
foundation fund for use in the manner described in division (A) of 3044
section 120.521 of the Revised Code.3045

       (2) After deduction of the actual, reasonable administrative 3046
costs under section 120.52 of the Revised Code and after deduction 3047
of the amounts identified in divisions (D)(1)(a), (b), and (c) of 3048
this section, the remaining moneys shall be apportioned among the 3049
counties that are served by eligible legal aid societies that have 3050
applied for financial assistance under this section so that each 3051
such county is apportioned a portion of those moneys, based upon 3052
the ratio of the number of indigents who reside in that county to 3053
the total number of indigents who reside in all counties of this 3054
state that are served by eligible legal aid societies that have 3055
applied for financial assistance under this section. Subject to 3056
division (E) of this section, the moneys apportioned to a county 3057
under this division then shall be allocated to the eligible legal 3058
aid society that serves the county and that has applied for 3059
financial assistance under this section. For purposes of this 3060
division, the source of data identifying the number of indigent 3061
persons who reside in a county shall be the most recent decennial 3062
census figures from the United States department of commerce, 3063
division of census.3064

       (E) If the Ohio legal assistance foundation, in attempting to 3065
make an allocation of moneys under division (D)(2) of this3066
section, determines that a county that has been apportioned money3067
under that division is served by more than one eligible legal aid3068
society that has applied for financial assistance under this3069
section, the Ohio legal assistance foundation shall allocate the3070
moneys that have been apportioned to that county under division3071
(D)(2) of this section among all eligible legal aid societies that 3072
serve that county and that have applied for financial assistance 3073
under this section on a pro rata basis, so that each such eligible 3074
society is allocated a portion based upon the amount of its total 3075
budget expended in the prior calendar year for legal services in 3076
that county as compared to the total amount expended in the prior 3077
calendar year for legal services in that county by all eligible 3078
legal aid societies that serve that county and that have applied 3079
for financial assistance under this section.3080

       (F) Moneys allocated to eligible applicants under this3081
section shall be paid monthly beginning the calendar year3082
following the calendar year in which the application is filed.3083

       (G)(1) A legal aid society that receives financial assistance 3084
in any calendar year under this section shall file an annual 3085
report with the Ohio legal assistance foundation detailing the 3086
number and types of cases handled, and the amount and types of 3087
legal training, legal technical assistance, and other service3088
provided, by means of that financial assistance. No information3089
contained in the report shall identify or enable the3090
identification of any person served by the legal aid society or in 3091
any way breach client confidentiality.3092

       (2) The Ohio legal assistance foundation shall make an annual 3093
report to the governor, the general assembly, and the supreme 3094
court on the distribution and use of the legal aid fund. The3095
foundation also shall include in the annual report an audited 3096
financial statement of all gifts, bequests, donations, 3097
contributions, and other moneys the foundation receives. No 3098
information contained in the report shall identify or enable the 3099
identification of any person served by a legal aid society, or in 3100
any way breach confidentiality.3101

       (H) A legal aid society may enter into agreements for the3102
provision of services, programs, training, or legal technical3103
assistance for the legal aid society or to indigent persons.3104

       Sec. 121.04.  Offices are created within the several3105
departments as follows:3106

       In the department of commerce:3107

Commissioner of securities; 3108
Superintendent of real estate and professional licensing; 3109
Superintendent of financial institutions; 3110
State fire marshal; 3111
Superintendent of labor and worker safety; 3112
Superintendent of liquor control; 3113
Superintendent of industrial compliance; 3114
Superintendent of unclaimed funds. 3115

       In the department of administrative services:3116

State architect and engineer; 3117
Equal employment opportunity coordinator. 3118

       In the department of agriculture:3119

       Chiefs of divisions as follows:3120

Administration; 3121
Animal industry; 3122
Dairy; 3123
Food safety; 3124
Plant industry; 3125
Markets; 3126
Meat inspection; 3127
Consumer analytical laboratory; 3128
Amusement ride safety; 3129
Enforcement; 3130
Weights and measures. 3131

       In the department of natural resources:3132

       Chiefs of divisions as follows:3133

Water; 3134
Mineral resources management; 3135
Forestry; 3136
Natural areas and preserves; 3137
Wildlife; 3138
Geological survey; 3139
Parks and recreation; 3140
Watercraft; 3141
Recycling and litter prevention; 3142
Soil and water conservation resources; 3143
Real estate and land management; 3144
Engineering. 3145

       In the department of insurance:3146

Deputy superintendent of insurance; 3147
Assistant superintendent of insurance, technical; 3148
Assistant superintendent of insurance, administrative; 3149
Assistant superintendent of insurance, research. 3150

       Sec. 121.07.  (A) Except as otherwise provided in this3151
division, theThe officers mentioned in sections 121.04 and 121.053152
of the Revised Code and the offices and divisions they administer3153
shall be under the direction, supervision, and control of the3154
directors of their respective departments, and shall perform such3155
duties as the directors prescribe. In performing or exercising any 3156
of the examination or regulatory functions, powers, or duties3157
vested by Title XI, Chapters 1733. and 1761., and sections 1315.01 3158
to 1315.18 of the Revised Code in the superintendent of financial 3159
institutions, the superintendent of financial institutions and the 3160
division of financial institutions are independent of and are not 3161
subject to the control of the department or the director of 3162
commerce.3163

       (B) With the approval of the governor, the director of each3164
department shall establish divisions within the department, and 3165
distribute the work of the department among such divisions. Each 3166
officer created by section 121.04 of the Revised Code shall be the 3167
head of such a division.3168

       With the approval of the governor, the director of each3169
department may consolidate any two or more of the offices created3170
in the department by section 121.04 of the Revised Code, or reduce 3171
the number of or create new divisions therein.3172

       The director of each department may prescribe rules for the3173
government of the department, the conduct of its employees, the 3174
performance of its business, and the custody, use, and 3175
preservation of the records, papers, books, documents, and3176
property pertaining thereto.3177

       Sec. 121.08.  (A) There is hereby created in the department3178
of commerce the position of deputy director of administration.3179
This officer shall be appointed by the director of commerce, serve3180
under the director's direction, supervision, and control, perform 3181
the duties the director prescribes, and hold office during the3182
director's pleasure. The director of commerce may designate an3183
assistant director of commerce to serve as the deputy director of3184
administration. The deputy director of administration shall3185
perform the duties prescribed by the director of commerce in 3186
supervising the activities of the division of administration of3187
the department of commerce.3188

       (B) Except as provided in section 121.07 of the Revised Code,3189
the department of commerce shall have all powers and perform all3190
duties vested in the deputy director of administration, the state 3191
fire marshal, the superintendent of financial institutions, the 3192
superintendent of real estate and professional licensing, the3193
superintendent of liquor control, the superintendent of 3194
industrial compliance, the superintendent of labor and worker3195
safety, the superintendent of unclaimed funds, and the 3196
commissioner of securities, and shall have all powers and perform 3197
all duties vested by law in all officers, deputies, and employees 3198
of those offices. Except as provided in section 121.07 of the 3199
Revised Code, wherever powers are conferred or duties imposed upon 3200
any of those officers, the powers and duties shall be construed as3201
vested in the department of commerce.3202

       (C)(1) There is hereby created in the department of commerce3203
a division of financial institutions, which shall have all powers3204
and perform all duties vested by law in the superintendent of3205
financial institutions. Wherever powers are conferred or duties3206
imposed upon the superintendent of financial institutions, those3207
powers and duties shall be construed as vested in the division of3208
financial institutions. The division of financial institutions3209
shall be administered by the superintendent of financial3210
institutions.3211

       (2) All provisions of law governing the superintendent of3212
financial institutions shall apply to and govern the3213
superintendent of financial institutions provided for in this3214
section; all authority vested by law in the superintendent of3215
financial institutions with respect to the management of the3216
division of financial institutions shall be construed as vested in3217
the superintendent of financial institutions created by this3218
section with respect to the division of financial institutions3219
provided for in this section; and all rights, privileges, and3220
emoluments conferred by law upon the superintendent of financial3221
institutions shall be construed as conferred upon the3222
superintendent of financial institutions as head of the division3223
of financial institutions. The director of commerce shall not3224
transfer from the division of financial institutions any of the3225
functions specified in division (C)(2) of this section.3226

       (D) There is hereby created in the department of commerce a 3227
division of liquor control, which shall have all powers and 3228
perform all duties vested by law in the superintendent of liquor3229
control. Wherever powers are conferred or duties are imposed upon 3230
the superintendent of liquor control, those powers and duties 3231
shall be construed as vested in the division of liquor control. 3232
The division of liquor control shall be administered by the3233
superintendent of liquor control.3234

       (E) The director of commerce shall not be interested,3235
directly or indirectly, in any firm or corporation which is a3236
dealer in securities as defined in sections 1707.01 and 1707.14 of3237
the Revised Code, or in any firm or corporation licensed under3238
sections 1321.01 to 1321.19 of the Revised Code.3239

       (F) The director of commerce shall not have any official3240
connection with a savings and loan association, a savings bank, a3241
bank, a bank holding company, a savings and loan association3242
holding company, a consumer finance company, or a credit union3243
that is under the supervision of the division of financial3244
institutions, or a subsidiary of any of the preceding entities, or3245
be interested in the business thereof.3246

       (G) There is hereby created in the state treasury the3247
division of administration fund. The fund shall receive3248
assessments on the operating funds of the department of commerce3249
in accordance with procedures prescribed by the director of3250
commerce and approved by the director of budget and management.3251
All operating expenses of the division of administration shall be3252
paid from the division of administration fund.3253

       (H) There is hereby created in the department of commerce a3254
division of real estate and professional licensing, which shall be3255
under the control and supervision of the director of commerce. The 3256
division of real estate and professional licensing shall be3257
administered by the superintendent of real estate and professional3258
licensing. The superintendent of real estate and professional3259
licensing shall exercise the powers and perform the functions and3260
duties delegated to the superintendent under Chapters 4735., 3261
4763., and 4767. of the Revised Code.3262

       (I) There is hereby created in the department of commerce a3263
division of labor and worker safety, which shall have all powers3264
and perform all duties vested by law in the superintendent of3265
labor and worker safety. Wherever powers are conferred or duties3266
imposed upon the superintendent of labor and worker safety, those3267
powers and duties shall be construed as vested in the division of3268
labor and worker safety. The division of labor and worker safety3269
shall be under the control and supervision of the director of 3270
commerce and be administered by the superintendent of labor and 3271
worker safety. The superintendent of labor and worker safety shall 3272
exercise the powers and perform the duties delegated to the 3273
superintendent by the director under Chapters 4109., 4111., and 3274
4115. of the Revised Code.3275

       (J) There is hereby created in the department of commerce a3276
division of unclaimed funds, which shall have all powers and3277
perform all duties delegated to or vested by law in the3278
superintendent of unclaimed funds. Wherever powers are conferred3279
or duties imposed upon the superintendent of unclaimed funds,3280
those powers and duties shall be construed as vested in the3281
division of unclaimed funds. The division of unclaimed funds shall 3282
be under the control and supervision of the director of commerce 3283
and shall be administered by the superintendent of unclaimed 3284
funds. The superintendent of unclaimed funds shall exercise the 3285
powers and perform the functions and duties delegated to the 3286
superintendent by the director of commerce under section 121.07 3287
and Chapter 169. of the Revised Code, and as may otherwise be 3288
provided by law.3289

       (K) The department of commerce or a division of the 3290
department created by the Revised Code that is acting with 3291
authorization on the department's behalf may request from the 3292
bureau of criminal identification and investigation pursuant to 3293
section 109.572 of the Revised Code, or coordinate with 3294
appropriate federal, state, and local government agencies to 3295
accomplish, criminal records checks for the persons whose 3296
identities are required to be disclosed by an applicant for the 3297
issuance or transfer of a permit, license, certificate of 3298
registration, or certification issued or transferred by the 3299
department or division. At or before the time of making a request 3300
for a criminal records check, the department or division may 3301
require any person whose identity is required to be disclosed by 3302
an applicant for the issuance or transfer of such a license, 3303
permit, certificate of registration, or certification to submit to3304
the department or division valid fingerprint impressions in a 3305
format and by any media or means acceptable to the bureau of 3306
criminal identification and investigation and, when applicable, 3307
the federal bureau of investigation. The department or division 3308
may cause the bureau of criminal identification and investigation 3309
to conduct a criminal records check through the federal bureau of3310
investigation only if the person for whom the criminal records3311
check would be conducted resides or works outside of this state or3312
has resided or worked outside of this state during the preceding3313
five years, or if a criminal records check conducted by the bureau3314
of criminal identification and investigation within this state3315
indicates that the person may have a criminal record outside of3316
this state.3317

        In the case of a criminal records check under section 109.572 3318
of the Revised Code, the department or division shall forward to 3319
the bureau of criminal identification and investigation the 3320
requisite form, fingerprint impressions, and fee described in 3321
division (C) of that section. When requested by the department or 3322
division in accordance with this section, the bureau of criminal 3323
identification and investigation shall request from the federal 3324
bureau of investigation any information it has with respect to the 3325
person who is the subject of the requested criminal records check 3326
and shall forward the requisite fingerprint impressions and3327
information to the federal bureau of investigation for that3328
criminal records check. After conducting a criminal records check3329
or receiving the results of a criminal records check from the3330
federal bureau of investigation, the bureau of criminal3331
identification and investigation shall provide the results to the3332
department or division.3333

        The department or division may require any person about whom 3334
a criminal records check is requested to pay to the department or 3335
division the amount necessary to cover the fee charged to the 3336
department or division by the bureau of criminal identification 3337
and investigation under division (C)(3) of section 109.572 of the 3338
Revised Code, including, when applicable, any fee for a criminal 3339
records check conducted by the federal bureau of investigation.3340

       Sec. 121.083.  The superintendent of the division of 3341
industrial compliancelabor in the department of commerce shall do 3342
all of the following:3343

       (A) Administer and enforce the general laws of this state3344
pertaining to buildings, pressure piping, boilers, bedding, 3345
upholstered furniture, and stuffed toys, steam engineering, 3346
elevators, plumbing, and licensed occupations regulated by the 3347
department, and travel agents, as they apply to plans review,3348
inspection, code enforcement, testing, licensing, registration, 3349
and certification.3350

       (B) Exercise the powers and perform the duties delegated to 3351
the superintendent by the director of commerce under Chapters 3352
4109., 4111., and 4115. of the Revised Code.3353

       (C) Collect and collate statistics as are necessary.3354

       (C)(D) Examine and license persons who desire to act as steam3355
engineers, to operate steam boilers, and to act as inspectors of3356
steam boilers, provide for the scope, conduct, and time of such3357
examinations, provide for, regulate, and enforce the renewal and3358
revocation of such licenses, inspect and examine steam boilers and 3359
make, publish, and enforce rules and orders for the construction, 3360
installation, inspection, and operation of steam boilers, and do, 3361
require, and enforce all things necessary to make such 3362
examination, inspection, and requirement efficient.3363

       (D)(E) Rent and furnish offices as needed in cities in this3364
state for the conduct of its affairs.3365

       (E)(F) Oversee a chief of construction and compliance, a 3366
chief of operations and maintenance, a chief of licensing and 3367
certification, a chief of worker protection, and other designees 3368
appointed by the director of commerce to perform the duties 3369
described in this section.3370

       (F)(G) Enforce the rules the board of building standards 3371
adopts pursuant to division (A)(2) of section 4104.43 of the 3372
Revised Code under the circumstances described in division (D) of 3373
that section.3374

       (G)(H) Accept submissions, establish a fee for submissions, 3375
and review submissions of certified welding and brazing procedure 3376
specifications, procedure qualification records, and performance 3377
qualification records for building services piping as required by 3378
section 4104.44 of the Revised Code.3379

       Sec. 121.084.  (A) All moneys collected under sections 3380
3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20,3381
4169.03, 4171.04, and 5104.051 of the Revised Code, and any other 3382
moneys collected by the division of industrial compliancelabor3383
shall be paid into the state treasury to the credit of the 3384
industrial compliancelabor operating fund, which is hereby 3385
created. The department of commerce shall use the moneys in the 3386
fund for paying the operating expenses of the division and the3387
administrative assessment described in division (B) of this3388
section.3389

       (B) The director of commerce, with the approval of the3390
director of budget and management, shall prescribe procedures for3391
assessing the industrial compliancelabor operating fund a 3392
proportionate share of the administrative costs of the department 3393
of commerce. The assessment shall be made in accordance with those 3394
procedures and be paid from the industrial compliancelabor3395
operating fund to the division of administration fund created in3396
section 121.08 of the Revised Code.3397

       Sec. 121.13. (A) The director of each department may, with 3398
the approval of the governor, establish and appoint advisory 3399
boards to aid in the conduct of the work of histhe director's3400
department or any division thereof. Such advisory boards shall3401
exercise no administrative function, and their members shall 3402
receive no compensation, but may receive their actual and 3403
necessary expenses.3404

       (B) The director of each department may, with the approval of 3405
the governor, recruit and retain individuals employed by public 3406
entities or by private profit-making or nonprofit-making entities 3407
to function as "loaned executives," to support state functions 3408
and to assist the department in the conduct of its work. A loaned 3409
executive shall not participate, during the loaned executive's 3410
service with the state, in any decision, approval, disapproval, 3411
recommendation, rendering of advice, investigation, or other 3412
substantial exercise of administrative discretion that is 3413
directly related to the pecuniary interest of the loaned 3414
executive's regular employer.3415

       A loaned executive is not entitled to, and shall not receive, 3416
compensation from the state, but may receive compensation and 3417
actual and necessary expenses from the loaned executive's regular 3418
employer. The receipt of this compensation or expenses is not 3419
prohibited by division (A) of section 2921.43 of the Revised Code. 3420
However, a loaned executive is deemed to be a public official or 3421
employee for purposes of Chapter 102. of the Revised Code.3422

       Sec. 121.16.  (A) The director of each department may form, 3423
with the governor's approval and utilizing department resources, 3424
one or more nonprofit corporations incorporated under Chapter 3425
1702. of the Revised Code, to solicit financial contributions or 3426
in-kind contributions of goods to support the fulfillment of the 3427
duties and responsibilities of the department.3428

       (B) The articles of incorporation or bylaws of any nonprofit 3429
corporation formed under division (A) of this section shall state 3430
that the corporation's sole purpose is to act in the interest of 3431
the department, include guidelines for the public disclosure of 3432
the employees, vendors, and contracts of the corporation and for 3433
the reporting and disclosure of donors and donation amounts. The 3434
articles of incorporation or bylaws shall also include 3435
requirements for regular financial statements from the corporation 3436
to the department's director regarding the corporation's budget, 3437
expenditures, and processes, a regular schedule of audits, and any 3438
other conditions or protections to the public considered necessary 3439
by the Ohio ethics commission.3440

       (C) The department of administrative services shall develop 3441
model articles of incorporation and bylaws for corporations formed 3442
under division (A) of this section. Such a corporation may utilize 3443
the model articles of incorporation and bylaws or may adopt 3444
articles of incorporation and bylaws that comply with division (B) 3445
of this section and all other relevant Revised Code provisions. 3446
The department of administrative services shall update the model 3447
articles of incorporation and bylaws to reflect any relevant 3448
changes in the Revised Code and any new guidance from the Ohio 3449
ethics commission.3450

       (D) A department director that forms a nonprofit corporation 3451
under division (A) of this section may permit department employees 3452
to serve as directors of the corporation. Any such employee shall 3453
represent the department and the department's interests in all 3454
actions as a director of the corporation and shall file an annual 3455
disclosure statement under section 102.02 of the Revised Code.3456

       (E) An employee of a department serving as a director of a 3457
nonprofit corporation formed under division (A) of this section 3458
may solicit financial contributions or in-kind contributions of 3459
goods for the corporation to support the fulfillment of the duties 3460
and responsibilities of the department. The employee shall not 3461
personally benefit from solicitations for the corporation and 3462
shall not receive any personal benefit from the corporation. All 3463
such solicitations are subject to Chapter 102. and sections 3464
2921.42 and 2921.43 and other relevant provisions of the Revised 3465
Code.3466

       (F) Before soliciting or accepting any contributions to a 3467
nonprofit corporation formed under division (A) of this section, 3468
an agent of the corporation shall inform the prospective 3469
contributor of the following:3470

       (1) That all contributions or donations are voluntary and 3471
shall not be made with or in return for any state contracts, 3472
grants, or other financial benefits;3473

       (2) That a contributor shall not make a contribution and the 3474
corporation shall not solicit or accept a contribution while a 3475
specific matter involving the contributor is pending before the 3476
department or a matter involving the contributor is reasonably 3477
foreseeable to come before the department soon after making the 3478
solicitation or contribution;3479

       (3) That a contributor shall not be given any ability, in a 3480
manner not afforded to other contributors or the general public, 3481
to lobby or promote the contributor's activities with public 3482
officials and employees of any department that benefits from the 3483
contribution;3484

       (4) That public officials and employees shall not be 3485
influenced in the objective performance of the official's or 3486
employee's public duties regarding a contributor by the 3487
contributor's decision to contribute or not to contribute;3488

       (5) That any contribution made in violation of divisions 3489
(F)(1) to (4) of this section shall be returned to the 3490
contributor. 3491

       (G) Contributions may be made to a nonprofit corporation 3492
formed under division (A) of this section to support specific 3493
projects or initiatives of the department, but the corporation 3494
shall reject any proposed contribution that carries conditions or 3495
requirements that the director of the department determines to be 3496
contrary to the interests of the department or the state.3497

       (H) A nonprofit corporation formed under division (A) of this 3498
section may make expenditures with the approval of the director of 3499
the department, to support the operations of the corporation. The 3500
corporation shall only make expenditures that, in the director's 3501
judgment, benefit the department. The expenditures or transfers of 3502
contributed goods may be made directly by the corporation or may 3503
be transferred to the department. All corporation expenditures and 3504
all funds transferred to the department under this division shall 3505
comply with the laws of the state. The director of budget and 3506
management may establish any accounts and take any other steps 3507
necessary for a department to receive contributions from the 3508
corporation.3509

       (I) All activity of a nonprofit corporation formed under 3510
division (A) of this section shall be subject to sections 121.22 3511
and 149.43 of the Revised Code and shall be subject to audits as 3512
if it were a public office described in Chapter 117. of the 3513
Revised Code. Directors, employees, and other agents of the 3514
corporation shall be considered public officials or employees 3515
subject to the requirements of Chapter 102. and sections 2921.42 3516
and 2921.43 of the Revised Code.3517

       Sec. 121.31.  There is hereby created the commission on3518
Hispanic-Latino affairs consisting of eleven voting members 3519
appointed by the governor with the advice and consent of the 3520
senate and two ex officio, nonvoting members who are members of 3521
the general assembly. The speaker of the house of representatives 3522
shall recommend to the governor two persons for appointment to the 3523
commission, the president of the senate shall recommend to the 3524
governor two such persons, and the minority leaders of the house 3525
and senate shall each recommend to the governor one such person. 3526
The governor shall make initial appointments to the commission. Of 3527
the initial appointments made to the commission, three shall be 3528
for a term ending October 7, 1978, four shall be for a term ending3529
October 7, 1979, and four shall be for a term ending October 7,3530
1980. One ex officio member of the commission shall be a member 3531
of the house of representatives appointed by the speaker of the 3532
house of representatives and one ex officio member of the 3533
commission shall be a member of the senate appointed by the 3534
president of the senate. When making their initial appointments, 3535
the speaker shall appoint a member of the house of representatives 3536
who is affiliated with the minority political party in the house 3537
of representatives and the president shall appoint a member of the 3538
senate who is affiliated with the majority political party in the 3539
senate; in making subsequent appointments the speaker and the 3540
president each shall alternate the political party affiliation of 3541
the members they appoint to the commission. The speaker and 3542
president shall make their initial appointments so that the 3543
initial ex officio members begin their terms October 7, 2008The 3544
speaker shall appoint a member of the house of representatives 3545
from among the representatives who are affiliated with the 3546
political party having a majority in the house of representatives, 3547
and the president shall appoint a member of the senate from among 3548
the senators who are affiliated with a different political party 3549
than the representative appointed by the speaker.3550

       After the initial appointments by the governor, terms of 3551
office shall be for three years, except that members of the 3552
general assembly appointed to the commission shall be members of 3553
the commission only so long as they are members of the general 3554
assembly. Each term shall end on the same day of the same month 3555
of the year as did the term which it succeeds. Each member shall 3556
hold office from the date of appointment until the end of the 3557
term for which the member was appointed. Vacancies shall be 3558
filled in the same manner as the original appointment. Any member 3559
appointed to fill a vacancy occurring prior to the expiration of 3560
the term for which the member's predecessor was appointed shall 3561
hold office for the remainder of such term. Any member shall 3562
continue in office subsequent to the expiration date of the 3563
member's term until the member's successor takes office, or until 3564
a period of sixty days has elapsed, whichever occurs first. At the 3565
first organizational meeting of the commission, the original 3566
eleven members shall draw lots to determine the length of the term 3567
each member shall serve.3568

       All voting members of the commission shall speak Spanish, 3569
shall be of Spanish-speaking origin, and shall be American 3570
citizens or lawful, permanent, resident aliens. Voting members 3571
shall be from urban, suburban, and rural geographical areas 3572
representative of Spanish-speaking people with a numerical and 3573
geographical balance of the Spanish-speaking population 3574
throughout the state.3575

       The commission shall meet not less than six times per3576
calendar year. The commission shall elect a chairperson,3577
vice-chairperson, and other officers from its voting members as it3578
considers advisable. Six voting members constitute a quorum. The3579
commission shall adopt rules governing its procedures. No action3580
of the commission is valid without the concurrence of six members.3581

       Each voting member shall be compensated for work as a member3582
for each day that the member is actually engaged in the3583
performance of work as a member. No voting member shall be 3584
compensated for more than one day each month. In addition, each 3585
voting member shall be reimbursed for all actual and necessary 3586
expenses incurred in the performance of official business.3587

       Sec. 121.37.  (A)(1) There is hereby created the Ohio family3588
and children first cabinet council. The council shall be composed3589
of the superintendent of public instruction and the directors of3590
youth services, job and family services, mental health, health,3591
alcohol and drug addiction services, mental retardation and3592
developmental disabilities, aging, rehabilitation and correction,3593
and budget and management. The chairperson of the council shall be 3594
the governor or the governor's designee and shall establish 3595
procedures for the council's internal control and management.3596

        The purpose of the cabinet council is to help families3597
seeking government services. This section shall not be interpreted 3598
or applied to usurp the role of parents, but solely to streamline 3599
and coordinate existing government services for families seeking 3600
assistance for their children.3601

       (2) In seeking to fulfill its purpose, the council may do any3602
of the following:3603

       (a) Advise and make recommendations to the governor and3604
general assembly regarding the provision of services to children;3605

       (b) Advise and assess local governments on the coordination3606
of service delivery to children;3607

       (c) Hold meetings at such times and places as may be3608
prescribed by the council's procedures and maintain records of the3609
meetings, except that records identifying individual children are3610
confidential and shall be disclosed only as provided by law;3611

       (d) Develop programs and projects, including pilot projects,3612
to encourage coordinated efforts at the state and local level to3613
improve the state's social service delivery system;3614

       (e) Enter into contracts with and administer grants to county 3615
family and children first councils, as well as other county or3616
multicounty organizations to plan and coordinate service delivery3617
between state agencies and local service providers for families3618
and children;3619

       (f) Enter into contracts with and apply for grants from3620
federal agencies or private organizations;3621

       (g) Enter into interagency agreements to encourage3622
coordinated efforts at the state and local level to improve the3623
state's social service delivery system. The agreements may include 3624
provisions regarding the receipt, transfer, and expenditure of 3625
funds;3626

       (h) Identify public and private funding sources for services3627
provided to alleged or adjudicated unruly children and children3628
who are at risk of being alleged or adjudicated unruly children,3629
including regulations governing access to and use of the services;3630

       (i) Collect information provided by local communities3631
regarding successful programs for prevention, intervention, and3632
treatment of unruly behavior, including evaluations of the3633
programs;3634

       (j) Identify and disseminate publications regarding alleged3635
or adjudicated unruly children and children who are at risk of3636
being alleged or adjudicated unruly children and regarding3637
programs serving those types of children;3638

       (k) Maintain an inventory of strategic planning facilitators3639
for use by government or nonprofit entities that serve alleged or3640
adjudicated unruly children or children who are at risk of being3641
alleged or adjudicated unruly children.3642

       (3) The cabinet council shall provide for the following:3643

       (a) Reviews of service and treatment plans for children for3644
which such reviews are requested;3645

       (b) Assistance as the council determines to be necessary to3646
meet the needs of children referred by county family and children3647
first councils;3648

       (c) Monitoring and supervision of a statewide, comprehensive, 3649
coordinated, multi-disciplinary, interagency system for infants 3650
and toddlers with developmental disabilities or delays and their 3651
families, as established pursuant to federal grants received and 3652
administered by the department of health for early intervention 3653
services under the "Individuals with Disabilities Education Act of 3654
2004," 20 U.S.C.A. 1400, as amended.3655

       (4) The cabinet council shall develop and implement the 3656
following:3657

       (a) An interagency process to select the indicators that will 3658
be used to measure progress toward increasing child well-being in 3659
the state and to update the indicators on an annual basis. The 3660
indicators shall focus on expectant parents and newborns thriving; 3661
infants and toddlers thriving; children being ready for school; 3662
children and youth succeeding in school; youth choosing healthy 3663
behaviors; and youth successfully transitioning into adulthood.3664

       (b) An interagency system to offer guidance and monitor 3665
progress toward increasing child well-being in the state and in 3666
each county;3667

       (c) An annual plan that identifies state-level agency efforts 3668
taken to ensure progress towards increasing child well-being in 3669
the state.3670

       On an annual basis, the cabinet council shall submit to the 3671
governor and the general assembly a report on the status of 3672
efforts to increase child well-being in the state. This report 3673
shall be made available to any other person on request.3674

       (B)(1) Each board of county commissioners shall establish a3675
county family and children first council. The board may invite any 3676
local public or private agency or group that funds, advocates, or 3677
provides services to children and families to have a3678
representative become a permanent or temporary member of its3679
county council. Each county council must include the following3680
individuals:3681

       (a) At least three individuals who are not employed by an 3682
agency represented on the council and whose families are or have3683
received services from an agency represented on the council or3684
another county's council. Where possible, the number of members3685
representing families shall be equal to twenty per cent of the3686
council's membership.3687

       (b) The director of the board of alcohol, drug addiction, and 3688
mental health services that serves the county, or, in the case of 3689
a county that has a board of alcohol and drug addiction services 3690
and a community mental health board, the directors of both boards. 3691
If a board of alcohol, drug addiction, and mental health services 3692
covers more than one county, the director may designate a person 3693
to participate on the county's council.3694

       (c) The health commissioner, or the commissioner's designee,3695
of the board of health of each city and general health district in3696
the county. If the county has two or more health districts, the3697
health commissioner membership may be limited to the commissioners3698
of the two districts with the largest populations.3699

       (d) The director of the county department of job and family3700
services;3701

       (e) The executive director of the public children services 3702
agency;3703

       (f) The superintendent of the county board of mental3704
retardation and developmental disabilities;3705

       (g) The superintendent of the city, exempted village, or3706
local school district with the largest number of pupils residing3707
in the county, as determined by the department of education, which3708
shall notify each board of county commissioners of its3709
determination at least biennially;3710

       (h) A school superintendent representing all other school3711
districts with territory in the county, as designated at a3712
biennial meeting of the superintendents of those districts;3713

       (i) A representative of the municipal corporation with the3714
largest population in the county;3715

       (j) The president of the board of county commissioners or an 3716
individual designated by the board;3717

       (k) A representative of the regional office of the department 3718
of youth services;3719

       (l) A representative of the county's head start agencies, as3720
defined in section 3301.32 of the Revised Code;3721

       (m) A representative of the county's early intervention3722
collaborative established pursuant to the federal early3723
intervention program operated under the "Individuals with 3724
Disabilities Education Act of 2004";3725

       (n) A representative of a local nonprofit entity that funds,3726
advocates, or provides services to children and families.3727

       Notwithstanding any other provision of law, the public3728
members of a county council are not prohibited from serving on the3729
council and making decisions regarding the duties of the council,3730
including those involving the funding of joint projects and those3731
outlined in the county's service coordination mechanism3732
implemented pursuant to division (C) of this section.3733

       The cabinet council shall establish a state appeals process3734
to resolve disputes among the members of a county council3735
concerning whether reasonable responsibilities as members are3736
being shared. The appeals process may be accessed only by a3737
majority vote of the council members who are required to serve on3738
the council. Upon appeal, the cabinet council may order that state3739
funds for services to children and families be redirected to a 3740
county's board of county commissioners.3741

       The county's juvenile court judge senior in service or 3742
another judge of the juvenile court designated by the 3743
administrative judge or, where there is no administrative judge, 3744
by the judge senior in service shall serve as the judicial advisor 3745
to the county family and children first council. The judge may 3746
advise the county council on the court's utilization of resources, 3747
services, or programs provided by the entities represented by the 3748
members of the county council and how those resources, services, 3749
or programs assist the court in its administration of justice. 3750
Service of a judge as a judicial advisor pursuant to this section 3751
is a judicial function.3752

       (2) The purpose of the county council is to streamline and 3753
coordinate existing government services for families seeking 3754
services for their children. In seeking to fulfill its purpose, a 3755
county council shall provide for the following:3756

       (a) Referrals to the cabinet council of those children for3757
whom the county council cannot provide adequate services;3758

       (b) Development and implementation of a process that annually 3759
evaluates and prioritizes services, fills service gaps where 3760
possible, and invents new approaches to achieve better results for 3761
families and children;3762

       (c) Participation in the development of a countywide,3763
comprehensive, coordinated, multi-disciplinary, interagency system3764
for infants and toddlers with developmental disabilities or delays3765
and their families, as established pursuant to federal grants3766
received and administered by the department of health for early3767
intervention services under the "Individuals with Disabilities 3768
Education Act of 2004";3769

       (d) Maintenance of an accountability system to monitor the3770
county council's progress in achieving results for families and3771
children;3772

       (e) Establishment of a mechanism to ensure ongoing input from 3773
a broad representation of families who are receiving services3774
within the county system.3775

       (3) A county council shall develop and implement the 3776
following:3777

       (a) An interagency process to establish local indicators and 3778
monitor the county's progress toward increasing child well-being 3779
in the county;3780

       (b) An interagency process to identify local priorities to 3781
increase child well-being. The local priorities shall focus on 3782
expectant parents and newborns thriving; infants and toddlers 3783
thriving; children being ready for school; children and youth 3784
succeeding in school; youth choosing healthy behaviors; and youth 3785
successfully transitioning into adulthood and take into account 3786
the indicators established by the cabinet council under division 3787
(A)(4)(a) of this section.3788

       (c) An annual plan that identifies the county's interagency 3789
efforts to increase child well-being in the county.3790

       On an annual basis, the county council shall submit a report 3791
on the status of efforts by the county to increase child 3792
well-being in the county to the county's board of county 3793
commissioners and the cabinet council. This report shall be made 3794
available to any other person on request.3795

       (4)(a) Except as provided in division (B)(4)(b) of this3796
section, a county council shall comply with the policies,3797
procedures, and activities prescribed by the rules or interagency3798
agreements of a state department participating on the cabinet3799
council whenever the county council performs a function subject to3800
those rules or agreements.3801

       (b) On application of a county council, the cabinet council3802
may grant an exemption from any rules or interagency agreements of3803
a state department participating on the council if an exemption is3804
necessary for the council to implement an alternative program or3805
approach for service delivery to families and children. The3806
application shall describe the proposed program or approach and3807
specify the rules or interagency agreements from which an3808
exemption is necessary. The cabinet council shall approve or3809
disapprove the application in accordance with standards and3810
procedures it shall adopt. If an application is approved, the3811
exemption is effective only while the program or approach is being3812
implemented, including a reasonable period during which the3813
program or approach is being evaluated for effectiveness.3814

       (5)(a) Each county council shall designate an administrative3815
agent for the council from among the following public entities:3816
the board of alcohol, drug addiction, and mental health services,3817
including a board of alcohol and drug addiction or a community3818
mental health board if the county is served by separate boards;3819
the board of county commissioners; any board of health of the3820
county's city and general health districts; the county department3821
of job and family services; the county agency responsible for the3822
administration of children services pursuant to section 5153.15 of3823
the Revised Code; the county board of mental retardation and3824
developmental disabilities; any of the county's boards of3825
education or governing boards of educational service centers; or3826
the county's juvenile court. Any of the foregoing public entities, 3827
other than the board of county commissioners, may decline to serve3828
as the council's administrative agent.3829

       A county council's administrative agent shall serve as the3830
council's appointing authority for any employees of the council.3831
The council shall file an annual budget with its administrative3832
agent, with copies filed with the county auditor and with the3833
board of county commissioners, unless the board is serving as the3834
council's administrative agent. The council's administrative agent 3835
shall ensure that all expenditures are handled in accordance with 3836
policies, procedures, and activities prescribed by state3837
departments in rules or interagency agreements that are applicable3838
to the council's functions.3839

       The administrative agent of a county council shall send 3840
notice of a member's absence if a member listed in division (B)(1) 3841
of this section has been absent from either three consecutive 3842
meetings of the county council or a county council subcommittee, 3843
or from one-quarter of such meetings in a calendar year, whichever 3844
is less. The notice shall be sent to the board of county 3845
commissioners that establishes the county council and, for the 3846
members listed in divisions (B)(1)(b), (c), (e), and (l) of this 3847
section, to the governing board overseeing the respective entity; 3848
for the member listed in division (B)(1)(f) of this section, to 3849
the county board of mental retardation and developmental 3850
disabilities that employs the superintendent; for a member listed 3851
in division (B)(1)(g) or (h) of this section, to the school board 3852
that employs the superintendent; for the member listed in division 3853
(B)(1)(i) of this section, to the mayor of the municipal 3854
corporation; for the member listed in division (B)(1)(k) of this 3855
section, to the director of youth services; and for the member 3856
listed in division (B)(1)(n), to that member's board of trustees.3857

       The administrative agent for a county council may do any of3858
the following on behalf of the council:3859

       (i) Enter into agreements or administer contracts with public 3860
or private entities to fulfill specific council business. Such 3861
agreements and contracts are exempt from the competitive bidding 3862
requirements of section 307.86 of the Revised Code if they have 3863
been approved by the county council and they are for the purchase 3864
of family and child welfare or child protection services or other 3865
social or job and family services for families and children. The 3866
approval of the county council is not required to exempt 3867
agreements or contracts entered into under section 5139.34,3868
5139.41, or 5139.43 of the Revised Code from the competitive3869
bidding requirements of section 307.86 of the Revised Code.3870

       (ii) As determined by the council, provide financial3871
stipends, reimbursements, or both, to family representatives for3872
expenses related to council activity;3873

       (iii) Receive by gift, grant, devise, or bequest any moneys,3874
lands, or other property for the purposes for which the council is3875
established. The agent shall hold, apply, and dispose of the3876
moneys, lands, or other property according to the terms of the3877
gift, grant, devise, or bequest. Any interest or earnings shall be 3878
treated in the same manner and are subject to the same terms as3879
the gift, grant, devise, or bequest from which it accrues.3880

       (b)(i) If the county council designates the board of county3881
commissioners as its administrative agent, the board may, by3882
resolution, delegate any of its powers and duties as3883
administrative agent to an executive committee the board3884
establishes from the membership of the county council. The board3885
shall name to the executive committee at least the individuals3886
described in divisions (B)(1)(b) to (h) of this section and may 3887
appoint the president of the board or another individual as the 3888
chair of the executive committee. The executive committee must 3889
include at least one family county council representative who does 3890
not have a family member employed by an agency represented on the 3891
council.3892

       (ii) The executive committee may, with the approval of the3893
board, hire an executive director to assist the county council in3894
administering its powers and duties. The executive director shall3895
serve in the unclassified civil service at the pleasure of the3896
executive committee. The executive director may, with the approval 3897
of the executive committee, hire other employees as necessary to 3898
properly conduct the county council's business.3899

       (iii) The board may require the executive committee to submit 3900
an annual budget to the board for approval and may amend or repeal 3901
the resolution that delegated to the executive committee its 3902
authority as the county council's administrative agent.3903

       (6) Two or more county councils may enter into an agreement3904
to administer their county councils jointly by creating a regional3905
family and children first council. A regional council possesses3906
the same duties and authority possessed by a county council,3907
except that the duties and authority apply regionally rather than3908
to individual counties. Prior to entering into an agreement to3909
create a regional council, the members of each county council to3910
be part of the regional council shall meet to determine whether3911
all or part of the members of each county council will serve as3912
members of the regional council.3913

       (7) A board of county commissioners may approve a resolution3914
by a majority vote of the board's members that requires the county3915
council to submit a statement to the board each time the council3916
proposes to enter into an agreement, adopt a plan, or make a3917
decision, other than a decision pursuant to section 121.38 of the3918
Revised Code, that requires the expenditure of funds for two or3919
more families. The statement shall describe the proposed3920
agreement, plan, or decision.3921

       Not later than fifteen days after the board receives the3922
statement, it shall, by resolution approved by a majority of its3923
members, approve or disapprove the agreement, plan, or decision.3924
Failure of the board to pass a resolution during that time period3925
shall be considered approval of the agreement, plan, or decision.3926

       An agreement, plan, or decision for which a statement is3927
required to be submitted to the board shall be implemented only if3928
it is approved by the board.3929

       (C) Each county shall develop a county service coordination3930
mechanism. The county service coordination mechanism shall serve 3931
as the guiding document for coordination of services in the 3932
county. For children who also receive services under the help me 3933
grow program, the service coordination mechanism shall be 3934
consistent with rules adopted by the department of health under 3935
section 3701.61 of the Revised Code. All family service 3936
coordination plans shall be developed in accordance with the 3937
county service coordination mechanism. The mechanism shall be 3938
developed and approved with the participation of the county3939
entities representing child welfare; mental retardation and 3940
developmental disabilities; alcohol, drug addiction, and mental 3941
health services; health; juvenile judges; education; the county 3942
family and children first council; and the county early3943
intervention collaborative established pursuant to the federal 3944
early intervention program operated under the "Individuals with 3945
Disabilities Education Act of 2004." The county shall establish an 3946
implementation schedule for the mechanism. The cabinet council may 3947
monitor the implementation and administration of each county's 3948
service coordination mechanism.3949

       Each mechanism shall include all of the following:3950

       (1) A procedure for an agency, including a juvenile court, or 3951
a family voluntarily seeking service coordination, to refer the 3952
child and family to the county council for service coordination in 3953
accordance with the mechanism;3954

       (2) A procedure ensuring that a family and all appropriate 3955
staff from involved agencies, including a representative from the 3956
appropriate school district, are notified of and invited to 3957
participate in all family service coordination plan meetings;3958

        (3) A procedure that permits a family to initiate a meeting 3959
to develop or review the family's service coordination plan and 3960
allows the family to invite a family advocate, mentor, or support 3961
person of the family's choice to participate in any such meeting;3962

        (4) A procedure for ensuring that a family service 3963
coordination plan meeting is conducted for each child who receives 3964
service coordination under the mechanism and for whom an emergency 3965
out-of-home placement has been made or for whom a nonemergency 3966
out-of-home placement is being considered. The meeting shall be 3967
conducted within ten days of an emergency out-of-home placement. 3968
The meeting shall be conducted before a nonemergency out-of-home 3969
placement. The family service coordination plan shall outline how 3970
the county council members will jointly pay for services, where 3971
applicable, and provide services in the least restrictive 3972
environment.3973

        (5) A procedure for monitoring the progress and tracking the 3974
outcomes of each service coordination plan requested in the county 3975
including monitoring and tracking children in out-of-home 3976
placements to assure continued progress, appropriateness of 3977
placement, and continuity of care after discharge from placement 3978
with appropriate arrangements for housing, treatment, and 3979
education.3980

        (6) A procedure for protecting the confidentiality of all 3981
personal family information disclosed during service coordination 3982
meetings or contained in the comprehensive family service 3983
coordination plan.3984

        (7) A procedure for assessing the needs and strengths of any 3985
child or family that has been referred to the council for service 3986
coordination, including a child whose parent or custodian is 3987
voluntarily seeking services, and for ensuring that parents and 3988
custodians are afforded the opportunity to participate;3989

       (8) A procedure for development of a family service 3990
coordination plan described in division (D) of this section;3991

       (9) A local dispute resolution process to serve as the3992
process that must be used first to resolve disputes among the3993
agencies represented on the county council concerning the3994
provision of services to children, including children who are3995
abused, neglected, dependent, unruly, alleged unruly, or3996
delinquent children and under the jurisdiction of the juvenile3997
court and children whose parents or custodians are voluntarily3998
seeking services. The local dispute resolution process shall3999
comply with sections 121.38, 121.381, and 121.382 of the Revised 4000
Code. The local dispute resolution process shall be used to 4001
resolve disputes between a child's parents or custodians and the 4002
county council regarding service coordination. The county council 4003
shall inform the parents or custodians of their right to use the 4004
dispute resolution process. Parents or custodians shall use 4005
existing local agency grievance procedures to address disputes not 4006
involving service coordination. The dispute resolution process is 4007
in addition to and does not replace other rights or procedures 4008
that parents or custodians may have under other sections of the 4009
Revised Code.4010

       The cabinet council shall adopt rules in accordance with 4011
Chapter 119. of the Revised Code establishing an administrative4012
review process to address problems that arise concerning the 4013
operation of a local dispute resolution process.4014

        Nothing in division (C)(4) of this section shall be 4015
interpreted as overriding or affecting decisions of a juvenile 4016
court regarding an out-of-home placement, long-term placement, or 4017
emergency out-of-home placement.4018

       (D) Each county shall develop a family service coordination4019
plan that does all of the following:4020

       (1) Designates service responsibilities among the various4021
state and local agencies that provide services to children and4022
their families, including children who are abused, neglected,4023
dependent, unruly, or delinquent children and under the4024
jurisdiction of the juvenile court and children whose parents or4025
custodians are voluntarily seeking services;4026

       (2) Designates an individual, approved by the family, to 4027
track the progress of the family service coordination plan, 4028
schedule reviews as necessary, and facilitate the family service 4029
coordination plan meeting process;4030

        (3) Ensures that assistance and services to be provided are 4031
responsive to the strengths and needs of the family, as well as 4032
the family's culture, race, and ethnic group, by allowing the 4033
family to offer information and suggestions and participate in 4034
decisions. Identified assistance and services shall be provided in 4035
the least restrictive environment possible.4036

        (4) Includes a process for dealing with a child who is 4037
alleged to be an unruly child. The process shall include methods 4038
to divert the child from the juvenile court system;4039

       (5) Includes timelines for completion of goals specified in 4040
the plan with regular reviews scheduled to monitor progress toward 4041
those goals;4042

        (6) Includes a plan for dealing with short-term crisis 4043
situations and safety concerns.4044

       (E)(1) The process provided for under division (D)(4) of this 4045
section may include, but is not limited to, the following:4046

        (a) Designation of the person or agency to conduct the4047
assessment of the child and the child's family as described in4048
division (C)(7) of this section and designation of the instrument 4049
or instruments to be used to conduct the assessment;4050

       (b) An emphasis on the personal responsibilities of the child 4051
and the parental responsibilities of the parents, guardian, or 4052
custodian of the child;4053

       (c) Involvement of local law enforcement agencies and4054
officials.4055

       (2) The method to divert a child from the juvenile court4056
system that must be included in the service coordination process4057
may include, but is not limited to, the following:4058

       (a) The preparation of a complaint under section 2151.27 of4059
the Revised Code alleging that the child is an unruly child and4060
notifying the child and the parents, guardian, or custodian that4061
the complaint has been prepared to encourage the child and the4062
parents, guardian, or custodian to comply with other methods to4063
divert the child from the juvenile court system;4064

       (b) Conducting a meeting with the child, the parents,4065
guardian, or custodian, and other interested parties to determine4066
the appropriate methods to divert the child from the juvenile4067
court system;4068

        (c) A method to provide to the child and the child's family a 4069
short-term respite from a short-term crisis situation involving a 4070
confrontation between the child and the parents, guardian, or4071
custodian;4072

       (d) A program to provide a mentor to the child or the4073
parents, guardian, or custodian;4074

       (e) A program to provide parenting education to the parents,4075
guardian, or custodian;4076

       (f) An alternative school program for children who are truant 4077
from school, repeatedly disruptive in school, or suspended or 4078
expelled from school;4079

       (g) Other appropriate measures, including, but not limited4080
to, any alternative methods to divert a child from the juvenile4081
court system that are identified by the Ohio family and children4082
first cabinet council.4083

       (F) Each county may review and revise the service4084
coordination process described in division (D) of this section4085
based on the availability of funds under Title IV-A of the "Social4086
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,4087
or to the extent resources are available from any other federal,4088
state, or local funds.4089

       Sec. 121.375.  (A) As used in this section:4090

       "At-risk individual" means an individual at great risk of not 4091
being able to access available health and social services due to 4092
barriers such as poverty, inadequate transportation, culture, and 4093
priorities of basic survival.4094

       "Care coordination agency" means a person or government 4095
entity that assists at-risk individuals access available health 4096
and social services the at-risk individuals need.4097

       (B) A care coordination agency may provide the following 4098
information to the Ohio family and children first cabinet council:4099

       (1) The types of individuals the agency identifies as being 4100
at-risk individuals;4101

       (2) The total per-individual cost to the agency for care 4102
coordination services provided to at-risk individuals;4103

       (3) The administrative cost per individual for care 4104
coordination services provided to at-risk individuals;4105

       (4) The specific work products the agency purchased to 4106
provide care coordination services to at-risk individuals;4107

       (5) The strategies the agency uses to help at-risk 4108
individuals access available health and social services;4109

       (6) The agency's success in helping at-risk individuals 4110
access available health and social services;4111

       (7) The mechanisms the agency uses to identify and eliminate 4112
duplicate care coordination services.4113

       (C) The Ohio family and children first cabinet council may 4114
use the information provided to it under this section to help 4115
improve care coordination for at-risk individuals throughout the 4116
state.4117

       Sec. 121.40.  (A) There is hereby created the Ohio community4118
service council consisting of twenty-one voting members including 4119
the superintendent of public instruction or the superintendent's 4120
designee, the chancellor of the Ohio board of regents or the 4121
chancellor's designee, the director of youth services or the 4122
director's designee, the director of aging or the director's 4123
designee, the chairperson of the committee of the house of 4124
representatives dealing with education or the chairperson's 4125
designee, the chairperson of the committee of the senate dealing 4126
with education or the chairperson's designee, and fifteen members 4127
who shall be appointed by the governor with the advice and 4128
consent of the senate and who shall serve terms of office of three 4129
years. The appointees shall include educators, including teachers 4130
and administrators; representatives of youth organizations; 4131
students and parents; representatives of organizations engaged in 4132
volunteer program development and management throughout the state, 4133
including youth and conservation programs; and representatives of 4134
business, government, nonprofit organizations, social service 4135
agencies, veterans organizations, religious organizations, or 4136
philanthropies that support or encourage volunteerism within the 4137
state. The director of the governor's office of faith-based and 4138
community initiatives shall serve as a nonvoting ex officio member 4139
of the council. Members of the council shall receive no 4140
compensation, but shall be reimbursed for actual and necessary4141
expenses incurred in the performance of their official duties.4142

       (B) The council shall appoint, with the advice and consent of 4143
the governor, an executive director for the council, who shall be 4144
in the unclassified civil service. The executive director shall4145
supervise the council's activities and report to the council on 4146
the progress of those activities. The executive director shall do 4147
all things necessary for the efficient and effective 4148
implementation of the duties of the council.4149

       The responsibilities assigned to the executive director do4150
not relieve the members of the council from final responsibility4151
for the proper performance of the requirements of this section.4152

       (C) The council or its designee shall do all of the4153
following:4154

       (1) Employ, promote, supervise, and remove all employees as4155
needed in connection with the performance of its duties under this4156
section and may assign duties to those employees as necessary to4157
achieve the most efficient performance of its functions, and to4158
that end may establish, change, or abolish positions, and assign4159
and reassign duties and responsibilities of any employee of the4160
council. Personnel employed by the council who are subject to4161
Chapter 4117. of the Revised Code shall retain all of their rights4162
and benefits conferred pursuant to that chapter. Nothing in this4163
chapter shall be construed as eliminating or interfering with4164
Chapter 4117. of the Revised Code or the rights and benefits4165
conferred under that chapter to public employees or to any4166
bargaining unit.4167

       (2) Maintain its office in Columbus, and may hold sessions at 4168
any place within the state;4169

       (3) Acquire facilities, equipment, and supplies necessary to4170
house the council, its employees, and files and records under its4171
control, and to discharge any duty imposed upon it by law. The4172
expense of these acquisitions shall be audited and paid for in the4173
same manner as other state expenses. For that purpose, the council 4174
shall prepare and submit to the office of budget and management a 4175
budget for each biennium according to sections 101.532 and 107.03 4176
of the Revised Code. The budget submitted shall cover the costs of 4177
the council and its staff in the discharge of any duty imposed 4178
upon the council by law. The council shall not delegate any 4179
authority to obligate funds.4180

       (4) Pay its own payroll and other operating expenses from4181
line items designated by the general assembly;4182

       (5) Retain its fiduciary responsibility as appointing4183
authority. Any transaction instructions shall be certified by the4184
appointing authority or its designee.4185

       (6) Establish the overall policy and management of the4186
council in accordance with this chapter;4187

       (7) Assist in coordinating and preparing the state4188
application for funds under sections 101 to 184 of the "National4189
and Community Service Act of 1990," 104 Stat. 3127 (1990), 424190
U.S.C.A. 12411 to 12544, as amended, assist in administering and4191
overseeing the "National and Community Service Trust Act of 1993,"4192
P.L. 103-82, 107 Stat. 785, and the americorps program in this4193
state, and assist in developing objectives for a comprehensive4194
strategy to encourage and expand community service programs4195
throughout the state;4196

       (8) Assist the state board of education, school districts,4197
the chancellor of the board of regents, and institutions of higher 4198
education in coordinating community service education programs 4199
through cooperative efforts between institutions and organizations 4200
in the public and private sectors;4201

       (9) Assist the departments of natural resources, youth4202
services, aging, and job and family services in coordinating4203
community service programs through cooperative efforts between4204
institutions and organizations in the public and private sectors;4205

       (10) Suggest individuals and organizations that are available 4206
to assist school districts, institutions of higher education, and 4207
the departments of natural resources, youth services, aging, and 4208
job and family services in the establishment of community service 4209
programs and assist in investigating sources of funding for 4210
implementing these programs;4211

       (11) Assist in evaluating the state's efforts in providing4212
community service programs using standards and methods that are4213
consistent with any statewide objectives for these programs and4214
provide information to the state board of education, school4215
districts, the chancellor of the board of regents, institutions of 4216
higher education, and the departments of natural resources, youth4217
services, aging, and job and family services to guide them in 4218
making decisions about these programs;4219

       (12) Assist the state board of education in complying with4220
section 3301.70 of the Revised Code and the chancellor of the 4221
board of regents in complying with division (B)(2) of section 4222
3333.043 of the Revised Code;4223

       (13) Advise, assist, consult with, and cooperate with, by 4224
contract or otherwise, agencies and political subdivisions of this 4225
state in establishing a statewide system for volunteers pursuant 4226
to section 121.404 of the Revised Code.4227

       (D) The department of agingWith the advice and consent of 4228
the governor, the council shall in writing enter into an agreement 4229
with another state agency to serve as the council's fiscal agent. 4230
Beginning on July 1, 1997, whenever reference is made in any law, 4231
contract, or document to the functions of the department of youth 4232
services as fiscal agent to the council, the reference shall be 4233
deemed to refer to the department of aging. The department of 4234
aging shall have no responsibility for or obligation to the 4235
council prior to July 1, 1997. Any validation, cure, right, 4236
privilege, remedy, obligation, or liability shall be retained by 4237
the council.4238

       As used in this section, "fiscal agent" means technical4239
support and includes the following technical support services:The 4240
fiscal agent shall be responsible for all the council's fiscal 4241
matters and financial transactions, as specified in the agreement. 4242
Services to be provided by the fiscal agent include, but are not 4243
limited to, the following:4244

       (1) Preparing and processing payroll and other personnel4245
documents that the council executes as the appointing authority.;4246
The department of aging shall not approve any payroll or other4247
personnel-related documents.4248

       (2) Maintaining ledgers of accounts and reports of account4249
balances, and monitoring budgets and allotment plans in4250
consultation with the council.; andThe department shall not 4251
approve any biennial budget, grant, expenditure, audit, or 4252
fiscal-related document.4253

       (3) Performing other routine support services that the4254
director of aging or the director's designee and the council or4255
its designee considerfiscal agent considers appropriate to 4256
achieve efficiency.4257

       (E)(1) The council or its designee, in conjunction and 4258
consultation with the fiscal agent, has the following authority4259
and responsibility relative to fiscal matters:4260

       (a) Sole authority to draw funds for any and all federal4261
programs in which the council is authorized to participate;4262

       (b) Sole authority to expend funds from their accounts for4263
programs and any other necessary expenses the council may incur4264
and its subgrantees may incur; and4265

       (c) Responsibility to cooperate with and inform the4266
department of aging as fiscal agent to ensure that the department4267
is fully apprised of all financial transactions.4268

       (2) The council shall follow all state procurement, fiscal, 4269
human resources, statutory, and administrative rule requirements.4270

       (3) The department of agingfiscal agent shall determine fees 4271
to be charged to the council, which shall be in proportion to the 4272
services performed for the council.4273

       (4) The council shall pay fees owed to the department of 4274
agingfiscal agent from a general revenue fund of the council or 4275
from any other fund from which the operating expenses of the 4276
council are paid. Any amounts set aside for a fiscal year for the 4277
payment of these fees shall be used only for the services 4278
performed for the council by the department of agingfiscal agent4279
in that fiscal year.4280

       (F) The council may accept and administer grants from any 4281
source, public or private, to carry out any of the council's 4282
functions this section establishes.4283

       Sec. 121.401.  (A) As used in this section and section4284
121.402 of the Revised Code, "organization or entity" and4285
"unsupervised access to a child" have the same meanings as in4286
section 109.574 of the Revised Code.4287

       (B) The governor'sOhio community service council shall adopt 4288
a set of "recommended best practices" for organizations or 4289
entities to follow when one or more volunteers of the organization 4290
or entity have unsupervised access to one or more children or4291
otherwise interact with one or more children. The "recommended4292
best practices" shall focus on, but shall not be limited to, the4293
issue of the safety of the children and, in addition, the4294
screening and supervision of volunteers. The "recommended best4295
practices" shall include as a recommended best practice that the4296
organization or entity subject to a criminal records check4297
performed by the bureau of criminal identification and4298
investigation pursuant to section 109.57, section 109.572, or4299
rules adopted under division (E) of section 109.57 of the Revised4300
Code, all of the following:4301

       (1) All persons who apply to serve as a volunteer in a4302
position in which the person will have unsupervised access to a4303
child on a regular basis.4304

       (2) All volunteers who are in a position in which the person4305
will have unsupervised access to a child on a regular basis and4306
who the organization or entity has not previously subjected to a4307
criminal records check performed by the bureau of criminal4308
identification and investigation.4309

       (C) The set of "recommended best practices" required to be4310
adopted by this section are in addition to the educational program4311
required to be adopted under section 121.402 of the Revised Code.4312

       Sec. 121.402.  (A) The governor'sOhio community service 4313
council shall establish and maintain an educational program that 4314
does all of the following:4315

       (1) Makes available to parents and guardians of children 4316
notice about the provisions of sections 109.574 to 109.577, 4317
section 121.401, and section 121.402 of the Revised Code and 4318
information about how to keep children safe when they are under 4319
the care, custody, or control of a person other than the parent or 4320
guardian;4321

       (2) Makes available to organizations and entities information4322
regarding the best methods of screening and supervising 4323
volunteers, how to obtain a criminal records check of a volunteer,4324
confidentiality issues relating to reports of criminal records4325
checks, and record keeping regarding the reports;4326

       (3) Makes available to volunteers information regarding the 4327
possibility of being subjected to a criminal records check and 4328
displaying appropriate behavior to minors;4329

       (4) Makes available to children advice on personal safety and4330
information on what action to take if someone takes inappropriate 4331
action towards a child.4332

       (B) The program shall begin making the materials described in4333
this section available not later than one year after the effective 4334
date of this sectionMarch 22, 2002.4335

       Sec. 122.042. The director of development may found an 4336
employment opportunity program that encourages employers to employ 4337
individuals who are members of significantly disadvantaged groups. 4338
If the director intends to found such an employment opportunity 4339
program, the director shall adopt, and thereafter may amend or 4340
rescind, rules under Chapter 119. of the Revised Code to found, 4341
and to operate, maintain, and improve, the program. In the rules, 4342
the director shall:4343

       (A) Construct, and, as changing circumstances indicate, 4344
re-construct, procedures according to which significantly 4345
disadvantaged groups are identified as such, an individual is 4346
identified as being a member of a significantly disadvantaged 4347
group, and an employer is identified as being a potential employer 4348
of an individual who is a member of a significantly disadvantaged 4349
group; 4350

       (B) Describe, and, as experience indicates, re-describe, the 4351
kinds of evidence that shall be considered to identify 4352
significantly disadvantaged groups, the kinds of evidence an 4353
individual shall offer to prove that the individual is a member of 4354
a significantly disadvantaged group, and the kinds of evidence an 4355
employer shall offer to prove that the employer is a potential 4356
employer of an individual who is a member of a significantly 4357
disadvantaged group;4358

       (C) Specify, and, as experience indicates, re-specify, 4359
strategies and tactics for connecting individuals who are members 4360
of significantly disadvantaged groups with potential employers of 4361
members of significantly disadvantaged groups;4362

       (D) Define a mix of, and, as experience indicates, define a 4363
re-mix of, incentives, such as grants, loans, loan guarantees, and 4364
tax benefits, that will encourage potential employers of 4365
individuals who are members of significantly disadvantaged groups 4366
actually to employ those individuals, to train those individuals 4367
in the particular skills of the employment, and otherwise to 4368
develop and continue those individuals in the employment;4369

       (E) Prescribe, and, as experience indicates, re-prescribe, 4370
terms and conditions under which incentives are provided to and 4371
used by employers, including standards according to which 4372
incentives are provided or not provided to employers, results that 4373
reasonably can be expected from the provision of incentives, terms 4374
for and conditions on the use to which incentives may be put, 4375
methods according to which the use of incentives can be monitored 4376
and accounted for, any obligation to repay or otherwise reimburse 4377
an incentive, and liability under which employers are obligated to 4378
provide restitution to the director if incentives are misused 4379
according to the terms and conditions of their provision and use; 4380
and4381

       (F) Construct, describe, specify, define, and prescribe any 4382
other thing that is necessary and proper for the founding, and for 4383
the successful and efficient operation, maintenance, and 4384
improvement, of the employment opportunity program.4385

       In founding, and in operating, maintaining, and improving, 4386
the employment opportunity program under the rules, the director 4387
shall proceed so that the resulting program functions as a 4388
coherent, efficient system for improving employment opportunities 4389
for significantly disadvantaged groups. Examples of significantly 4390
disadvantaged groups include individuals who have not graduated 4391
from high school, individuals who have been convicted of a crime, 4392
individuals who are disabled, and individuals who are chronically 4393
unemployed (usually for more than eighteen months).4394

       The director may not provide an incentive in the form of a 4395
tax benefit unless the director first has consulted, and obtained 4396
the approval of, the tax commissioner. Examples of tax benefits 4397
include tax deductions, tax credits, and tax exemptions.4398

       The director has a cause of action for restitution to recover 4399
for the misuse of an incentive according to the terms and 4400
conditions under which the incentive was provided or to be used.4401

       Sec. 122.05.  (A) The director of development may, to carry 4402
out the purposes of division (E) of section 122.04 of the Revised 4403
Code:4404

       (1) Establish offices in foreign countries as the director4405
considers appropriate and enter into leases of real property, 4406
buildings, and office space that are appropriate for these 4407
offices;4408

       (2) Appoint personnel, who shall be in the unclassified civil 4409
services, necessary to operate such offices and fix their 4410
compensation. The director may enter into contracts with foreign 4411
nationals to staff the foreign offices established under this 4412
section.4413

       (3) The director may establish United States dollar and 4414
foreign currency accounts for the payment of expenses related to 4415
the operation and maintenance of the offices established under 4416
this section. The director shall establish procedures acceptable 4417
to the director of budget and management for the conversion, 4418
transfer, and control of United States dollars and foreign 4419
currency.4420

       (4) Provide export promotion assistance to Ohio businesses 4421
and organize or support missions to foreign countries to promote 4422
export of Ohio products and services and to encourage foreign 4423
direct investment in Ohio. The director may charge fees to 4424
businesses receiving export assistance and to participants in 4425
foreign missions sufficient to recover the direct costs of those 4426
activities. The director shall adopt, as an internal management 4427
rule under section 111.15 of the Revised Code, a procedure for 4428
setting the fees and a schedule of fees for services commonly 4429
provided by the department. The procedure shall require the 4430
director to annually review the established fees.4431

       (5) Do all things necessary and appropriate for the operation 4432
of the state's foreign offices.4433

       (B) All contracts entered into under division (A)(2) of this 4434
section and any payments of expenses under division (A)(3) of this 4435
section related to the operation and maintenance of foreign 4436
offices established under this section may be paid in the 4437
appropriate foreign currency and are exempt from sections 127.16 4438
and 5147.07 and Chapters 124., 125., and 153. of the Revised Code.4439

       Sec. 122.051.  There is hereby created in the state treasury 4440
the international trade cooperative projects fund. The fund shall 4441
consist of moneysall of the following:4442

       (A) Moneys received from private and nonprofit organizations 4443
involved in cooperative agreements related to import/export and 4444
direct foreign investment activities and cash;4445

       (B) Cash transfers from other state agencies or any state or 4446
local government to encourage, promote, and assist trade and 4447
commerce between this state and foreign nations, pursuant to 4448
section 122.05 and division (E) of section 122.04 of the Revised 4449
Code; and4450

       (C) Fees charged to businesses receiving export assistance 4451
and to participants in foreign missions to recover direct costs of 4452
those activities under division (A)(4) of section 122.05 of the 4453
Revised Code.4454

       Sec. 122.075. (A) As used in this section:4455

       (1) "Alternative fuel" means blended biodiesel or, blended 4456
gasoline, or compressed air used in air-compression driven 4457
engines.4458

       (2) "Biodiesel" means a mono-alkyl ester combustible liquid 4459
fuel that is derived from vegetable oils or animal fats, or any 4460
combination of those reagents, and that meets American society for 4461
testing and materials specification D6751-03a for biodiesel fuel 4462
(B100) blend stock distillate fuels.4463

       (3) "Diesel fuel" and "gasoline" have the same meanings as in 4464
section 5735.01 of the Revised Code.4465

       (4) "Ethanol" has the same meaning as in section 5733.46 of 4466
the Revised Code.4467

       (5) "Blended biodiesel" means diesel fuel containing at least 4468
twenty per cent biodiesel by volume.4469

       (6) "Blended gasoline" means gasoline containing at least 4470
eighty-five per cent ethanol by volume.4471

       (7) "Incremental cost" means either of the following:4472

       (a) The difference in cost between blended gasoline and 4473
gasoline containing ten per cent or less ethanol at the time that 4474
the blended gasoline is purchased;4475

       (b) The difference in cost between blended biodiesel and 4476
diesel fuel containing two per cent or less biodiesel at the time 4477
that the blended biodiesel is purchased.4478

       (B) For the purpose of improving the air quality in this 4479
state, the director of development shall establish an alternative 4480
fuel transportation grant program under which the director may 4481
make grants to businesses, nonprofit organizations, public school 4482
systems, or local governments for the purchase and installation of 4483
alternative fuel refueling or distribution facilities and 4484
terminals, for the purchase and use of alternative fuel, and to 4485
pay the costs of educational and promotional materials and 4486
activities intended for prospective alternative fuel consumers, 4487
fuel marketers, and others in order to increase the availability 4488
and use of alternative fuel.4489

       (C) The director, in consultation with the director of 4490
agriculture, shall adopt rules in accordance with Chapter 119. of 4491
the Revised Code that are necessary for the administration of the 4492
alternative fuel transportation grant program. The rules shall 4493
establish at least all of the following:4494

       (1) An application form and procedures governing the 4495
application process for a grant under the program;4496

       (2) A procedure for prioritizing the award of grants under 4497
the program. The procedures shall give preference to all of the 4498
following:4499

       (a) Publicly accessible refueling facilities;4500

       (b) Entities seeking grants that have secured funding from 4501
other sources, including, but not limited to, private or federal 4502
grants;4503

       (c) Entities that have presented compelling evidence of 4504
demand in the market in which the facilities or terminals will be 4505
located;4506

       (d) Entities that have committed to utilizing purchased or 4507
installed facilities or terminals for the greatest number of 4508
years;4509

       (e) Entities that will be purchasing or installing facilities 4510
or terminals for both blended biodiesel and blended gasoline.4511

       (3) A requirement that the maximum grant for the purchase and 4512
installation of an alternative fuel refueling or distribution 4513
facility or terminal be eighty per cent of the cost of the 4514
facility or terminal, except that at least twenty per cent of the 4515
total net cost of the facility or terminal shall be incurred by 4516
the grant recipient and not compensated for by any other source;4517

       (4) A requirement that the maximum grant for the purchase of 4518
alternative fuel be eighty per cent of the incremental cost of the 4519
fuel;4520

       (5) Any other criteria, procedures, or guidelines that the 4521
director determines are necessary to administer the program.4522

       (D) An applicant for a grant under this section that sells 4523
motor vehicle fuel at retail shall agree that if the applicant 4524
receives a grant, the applicant will report to the director the 4525
gallon amounts of blended gasoline and blended biodiesel the 4526
applicant sells at retail in this state for a period of three 4527
years after the grant is awarded.4528

       The director shall enter into a written confidentiality 4529
agreement with the applicant regarding the gallon amounts sold as 4530
described in this division, and upon execution of the agreement 4531
this information is not a public record.4532

       (E) There is hereby created in the state treasury the 4533
alternative fuel transportation grant fund. The fund shall consist 4534
of money transferred to the fund under division (C) of section 4535
125.836 of the Revised Code, money that is appropriated to it by 4536
the general assembly, and money as may be specified by the general 4537
assembly from the advanced energy fund created by section 4928.61 4538
of the Revised Code. Money in the fund shall be used to make 4539
grants under the alternative fuel transportation grant program and 4540
by the director in the administration of that program.4541

       Sec. 122.12.  As used in this section and in section 122.121 4542
of the Revised Code:4543

       (A) "Endorsing county" means a county that contains a site 4544
selected by a site selection organization for one or more games.4545

       (B) "Endorsing municipality" means a municipal corporation 4546
that contains a site selected by a site selection organization for 4547
one or more games. 4548

       (C) "Game support contract" means a joinder undertaking, 4549
joinder agreement, or similar contract executed by an endorsing 4550
municipality or endorsing county and a site selection 4551
organization.4552

       (D) "Game" means a national football league "super bowl," a 4553
national collegiate athletic association "final four" basketball 4554
tournament game, the national basketball association all-star 4555
game, the national hockey league all-star game, the major league 4556
baseball all-star game, a national collegiate athletic 4557
association bowl championship series game, a world cup soccer 4558
game, or the olympic games.4559

       (E) "Joinder agreement" means an agreement entered into by an 4560
endorsing municipality or endorsing county, or more than one 4561
endorsing municipality or county acting collectively and a site 4562
selection organization setting out representations and assurances 4563
by each endorsing municipality or endorsing county in connection 4564
with the selection of a site in this state for the location of a 4565
game.4566

       (F) "Joinder undertaking" means an agreement entered into by 4567
an endorsing municipality or endorsing county, or more than one 4568
endorsing municipality or county acting collectively and a site 4569
selection organization that each endorsing municipality or 4570
endorsing county will execute a joinder agreement in the event 4571
that the site selection organization selects a site in this state 4572
for a game.4573

       (G) "Local organizing committee" means a nonprofit 4574
corporation or its successor in interest that:4575

       (1) Has been authorized by an endorsing municipality, 4576
endorsing county, or more than one endorsing municipality or 4577
county acting collectively to pursue an application and bid on the 4578
applicant's behalf to a site selection organization for selection 4579
as the site of one or more games; or4580

       (2) With the authorization of an endorsing municipality, 4581
endorsing county, or more than one endorsing municipality or 4582
county acting collectively, has executed an agreement with a site 4583
selection organization regarding a bid to host one or more games.4584

       (H) "Site selection organization" means the national football 4585
league, the national collegiate athletic association, the national 4586
basketball association, the national hockey league, major league 4587
baseball, the federation internationale de football association, 4588
the international world games association, the United States 4589
olympic committee, or the national governing body of a sport that 4590
is recognized as such by the United States olympic committee.4591

       Sec. 122.121.  (A) If an endorsing municipality or endorsing 4592
county enters into a joinder undertaking with a site selection 4593
organization, the endorsing municipality or endorsing county may 4594
apply to the director of development, on a form and in the manner 4595
prescribed by the director, for a grant based on the projected 4596
incremental increase in the receipts from the tax imposed under 4597
section 5739.02 of the Revised Code within the market area 4598
designated under division (C) of this section, for the two-week 4599
period that ends at the end of the day after the date on which a 4600
game will be held, that is directly attributable, as determined by 4601
the director, to the preparation for and presentation of the 4602
game. The director shall determine the projected incremental 4603
increase in the tax imposed under section 5739.02 of the Revised 4604
Code from information certified to the director by the endorsing 4605
municipality or the endorsing county including, but not limited 4606
to, historical attendance and ticket sales for the game, income 4607
statements showing revenue and expenditures for the game in prior 4608
years, attendance capacity at the proposed venues, event budget at 4609
the proposed venues, and projected lodging room nights based on 4610
historical attendance, attendance capacity at the proposed venues, 4611
and duration of the game and related activities. The endorsing 4612
municipality or endorsing county is eligible to receive a grant 4613
under this section only if the projected incremental increase in 4614
receipts from the tax imposed under section 5739.02 of the Revised 4615
Code, as determined by the director, exceeds two hundred fifty 4616
thousand dollars. The amount of the grant shall be determined by 4617
the director but shall not exceed five hundred thousand dollars. 4618
The director shall not issue grants with a total value of more 4619
than one million dollars in any fiscal year.4620

       (B) If the director of development approves an application 4621
for an endorsing municipality or endorsing county and that 4622
endorsing municipality or endorsing county enters into a joinder 4623
agreement with a site selection organization, the endorsing 4624
municipality or endorsing county shall file a copy of the joinder 4625
agreement with the director of development, who immediately shall 4626
notify the director of budget and management of the filing. 4627
Within thirty days after receiving the notice, the director of 4628
budget and management shall establish a schedule to disburse from 4629
the general revenue fund to such endorsing municipality or 4630
endorsing county payments that total the amount certified by the 4631
director of development under division (A) of this section, but 4632
in no event shall the total amount disbursed exceed five hundred 4633
thousand dollars. The payments shall be used exclusively by the 4634
endorsing municipality or endorsing county to fulfill a portion 4635
of its obligations to a site selection organization under game 4636
support contracts, which obligations may include the payment of 4637
costs relating to the preparations necessary for the conduct of 4638
the game, including acquiring, renovating, or constructing 4639
facilities; to pay the costs of conducting the game; and to 4640
assist the local organizing committee, endorsing municipality, 4641
or endorsing county in providing assurances required by a site 4642
selection organization sponsoring one or more games.4643

       (C) For the purposes of division (A) of this section, the 4644
director of development, in consultation with the tax 4645
commissioner, shall designate as a market area for a game each 4646
area in which they determine there is a reasonable likelihood of 4647
measurable economic impact directly attributable to the 4648
preparation for and presentation of the game and related events, 4649
including areas likely to provide venues, accommodations, and 4650
services in connection with the game based on the information and 4651
the copy of the joinder undertaking provided to the director 4652
under divisions (A) and (B) of this section. The director and 4653
commissioner shall determine the geographic boundaries of each 4654
market area. An endorsing municipality or endorsing county that 4655
has been selected as the site for a game must be included in a 4656
market area for the game.4657

       (D) A local organizing committee, endorsing municipality, or 4658
endorsing county shall provide information required by the 4659
director of development and tax commissioner to enable the 4660
director and commissioner to fulfill their duties under this 4661
section, including annual audited statements of any financial 4662
records required by a site selection organization and data 4663
obtained by the local organizing committee, endorsing 4664
municipality, or endorsing county relating to attendance at a game 4665
and to the economic impact of the game. A local organizing 4666
committee, an endorsing municipality, or an endorsing county shall 4667
provide an annual audited financial statement if so required by 4668
the director and commissioner, not later than the end of the 4669
fourth month after the date the period covered by the financial 4670
statement ends.4671

       (E) Within sixty days after the game, the endorsing 4672
municipality or the endorsing county shall report to the director 4673
of development about the economic impact of the game. The report 4674
shall be in the form and substance required by the director, 4675
including, but not limited to, a final income statement for the 4676
event showing total revenue and expenditures and revenue and 4677
expenditures in the market area for the game, and ticket sales for 4678
the game and any related activities for which admission was 4679
charged. The director of development shall determine, based on the 4680
reported information and the exercise of reasonable judgment, the 4681
incremental increase in receipts from the tax imposed under 4682
section 5739.02 of the Revised Code directly attributable to the 4683
game. If the actual incremental increase in such receipts is less 4684
than the projected incremental increase in receipts, the director 4685
may require the endorsing municipality or the endorsing county to 4686
refund to the state all or a portion of the grant.4687

       (F) No disbursement may be made under this section if the 4688
director of development determines that it would be used for the 4689
purpose of soliciting the relocation of a professional sports 4690
franchise located in this state.4691

       (G) This section may not be construed as creating or 4692
requiring a state guarantee of obligations imposed on an endorsing 4693
municipality or endorsing county under a game support contract or 4694
any other agreement relating to hosting one or more games in this 4695
state.4696

       Sec. 122.151.  (A) An investor who proposes to make an 4697
investment of money in an Ohio entity may apply to an Edison 4698
center for a tax credit under this section. The Edison center 4699
shall prescribe the form of the application and any information 4700
that the investor must submit with the application. The investor 4701
shall include with the application a fee of two hundred dollars. 4702
The center, within three weeks after receiving the application, 4703
shall review it, determine whether the investor should be 4704
recommended for the tax credit, and send written notice of its 4705
initial determination to the industrial technology and enterprise 4706
advisory council and to the investor. If the center determines the 4707
investor should not be recommended for the tax credit, it shall 4708
include in the notice the reasons for the determination. Subject 4709
to divisions (C) and (D) of this section, an investor is eligible 4710
for a tax credit if all of the following requirements are met:4711

       (1) The investor's investment of money is in an Ohio entity 4712
engaged in a qualified trade or business.4713

       (2) The Ohio entity had less than two million five hundred 4714
thousand dollars of gross revenue during its most recently 4715
completed fiscal year or had a net book value of less than two 4716
million five hundred thousand dollars at the end of that fiscal 4717
year.4718

       (3) The investment takes the form of the purchase of common 4719
or preferred stock, a membership interest, a partnership interest, 4720
or any other ownership interest.4721

       (4) The amount of the investment for which the credit is 4722
being claimed does not exceed three hundred thousand dollars in 4723
the case of an investment in an EDGE business enterprise or in an 4724
Ohio entity located in a distressed area, or two hundred fifty 4725
thousand dollars in the case of an investment in any other Ohio 4726
entity.4727

       (5) The money invested is entirely at risk of loss, where4728
repayment depends upon the success of the business operations of4729
the Ohio entity.4730

       (6) No repayment of principal invested will be made for at 4731
least three years from the date the investment is made.4732

       (7) The annual combined amount of any dividend and interest 4733
payments to be made to the investor will not exceed ten per cent 4734
of the amount of the investment for at least three years from the 4735
date the investment is made.4736

       (8) The investor is not an employee with proprietary 4737
decision-making authority of the Ohio entity in which the4738
investment of money is proposed, or related to such an individual. 4739
The Ohio entity is not an individual related to the investor. For 4740
purposes of this division, the industrial technology and 4741
enterprise advisory council shall define "an employee with 4742
proprietary decision-making authority."4743

       (9) The investor is not an insider.4744

       For the purposes of determining the net book value of an Ohio 4745
entity under division (A)(1) or (2) of this section, if the entity4746
is a member of an affiliated group, the combined net book values 4747
of all of the members of that affiliated group shall be used.4748

       Nothing in division (A)(6) or (7) of this section limits or 4749
disallows the distribution to an investor in a pass-through entity 4750
of a portion of the entity's profits equal to the investor's 4751
federal, state, and local income tax obligations attributable to 4752
the investor's allocable share of the entity's profits. Nothing in 4753
division (A)(6) or (7) of this section limits or disallows the 4754
sale by an investor of part or all of the investor's interests in 4755
an Ohio entity by way of a public offering of shares in the Ohio 4756
entity.4757

       (B) A group of two but not more than twenty investors, each 4758
of whom proposes to make an investment of money in the same Ohio 4759
entity, may submit an application for tax credits under division4760
(A) of this section. The group shall include with the application 4761
a fee of eight hundred dollars. The application shall identify4762
each investor in the group and the amount of money each investor4763
proposes to invest in the Ohio entity, and shall name a contact 4764
person for the group. The Edison center, within three weeks after 4765
receiving the application, shall review it, determine whether each 4766
investor of the group should be recommended for a tax credit under 4767
the conditions set forth in division (A) of this section, and send 4768
written notice of its determination to the industrial technology 4769
and enterprise advisory council and to the contact person. The 4770
center shall not recommend that a group of investors receive a tax 4771
credit unless each investor is eligible under those conditions. 4772
The center may disqualify from a group any investor who is not 4773
eligible under the conditions and recommend that the remaining 4774
group of investors receive the tax credit. If the center4775
determines the group should not be recommended for the tax credit, 4776
it shall include in the notice the reasons for the determination.4777

       (C) The industrial technology and enterprise advisory council 4778
shall establish from among its members a three-person committee. 4779
Within four weeks after the council receives a notice of4780
recommendation from an Edison center, the committee shall review 4781
the recommendation and issue a final determination of whether the 4782
investor or group is eligible for a tax credit under the 4783
conditions set forth in division (A) of this section. The 4784
committee may require the investor or group to submit additional 4785
information to support the application. The vote of at least two 4786
members of the committee is necessary for the issuance of a final 4787
determination or any other action of the committee. Upon making 4788
the final determination, the committee shall send written notice 4789
of approval or disapproval of the tax credit to the investor or 4790
group contact person, the director of development, and the Edison 4791
center. If the committee disapproves the tax credit, it shall 4792
include in the notice the reasons for the disapproval.4793

       (D)(1) The industrial technology and enterprise advisory4794
council committee shall not approve more than one million five 4795
hundred thousand dollars of investments in any one Ohio entity. 4796
However, if a proposed investment of money in an Ohio entity has 4797
been approved but the investor does not actually make the 4798
investment, the committee may reassign the amount of that4799
investment to another investor, as long as the total amount4800
invested in the entity under this section does not exceed one4801
million five hundred thousand dollars.4802

       If the one-million-five-hundred-thousand-dollar limit for an4803
Ohio entity has not yet been reached and an application proposes 4804
an investment of money that would exceed the limit for that 4805
entity, the committee shall send written notice to the investor, 4806
or for a group, the contact person, that the investment cannot be 4807
approved as requested. Upon receipt of the notice, the investor 4808
or group may amend the application to propose an investment of 4809
money that does not exceed the limit.4810

       (2) Not more than thirtyforty-five million dollars of tax 4811
credits shall be issued under sections 122.15 to 122.154 of the4812
Revised Code.4813

       (E) If an investor makes an approved investment of less than 4814
two hundred fifty thousand dollars in any Ohio entity other than 4815
an EDGE business enterprise or in an Ohio entity located in a 4816
distressed area, the investor may apply for approval of another 4817
investment of money in that entity, as long as the total amount 4818
invested in that entity by the investor under this section does4819
not exceed two hundred fifty thousand dollars. If an investor 4820
makes an approved investment of less than three hundred thousand 4821
dollars in an EDGE business enterprise or in an Ohio entity 4822
located in a distressed area, the investor may apply for approval 4823
of another investment of money in that entity, as long as the 4824
total amount invested in that entity by the investor under this 4825
section does not exceed three hundred thousand dollars. An 4826
investor who receives approval of an investment of money as part 4827
of a group may subsequently apply on an individual basis for 4828
approval of an additional investment of money in the Ohio entity.4829

       (F) The industrial technology and enterprise advisory council4830
committee shall approve or disapprove tax credit applications4831
under this section in the order in which they are received by the4832
council.4833

       (G) The director of development may disapprove any 4834
application recommended by an Edison center and approved by the 4835
industrial technology and enterprise advisory council committee, 4836
or may disapprove a credit for which a tax credit certificate has 4837
been issued under section 122.152 of the Revised Code, if the 4838
director determines that the entity in which the applicant 4839
proposes to invest or has invested is not an Ohio entity eligible 4840
to receive investments that qualify for the credit. If the 4841
director disapproves an application, the director shall certify 4842
the action to the investor, the Edison center that recommended the4843
application, the industrial technology and enterprise advisory4844
council, and the tax commissioner, together with a written 4845
explanation of the reasons for the disapproval. If the director 4846
disapproves a tax credit after a tax credit certificate is issued, 4847
the investor shall not claim the credit for the taxable year that 4848
includes the day the director disapproves the credit, or for any4849
subsequent taxable year.4850

       The director of development, in accordance with section 4851
111.15 of the Revised Code and with the advice of the industrial 4852
technology and enterprise advisory council, may adopt, amend, and 4853
rescind rules necessary to implement sections 122.15 to 122.154 of 4854
the Revised Code.4855

       (H) An Edison center shall use application fees received 4856
under this section only for the costs of administering sections4857
122.15 to 122.154 of the Revised Code.4858

       Sec. 122.17.  (A) As used in this section:4859

       (1) "Full-time employee" means an individual who is employed 4860
for consideration for at least an average of thirty-five hours a 4861
week, who renders any other standard of service generally 4862
accepted by custom or specified by contract as full-time 4863
employment, or who is employed for consideration for such time or 4864
renders such service but is on family or medical leave under the 4865
federal Family and Medical Leave Act of 1993, Pub. L. No. 103-3, 4866
107 Stat. 6, as amended, or on active duty reserve or Ohio 4867
national guard service.4868

       (2) "New employee" means one of the following:4869

       (a) A full-time employee first employed by a taxpayer in the 4870
project that is the subject of the agreement after the taxpayer 4871
enters into a tax credit agreement with the tax credit authority 4872
under this section;4873

       (b) A full-time employee first employed by a taxpayer in the 4874
project that is the subject of the tax credit after the tax credit 4875
authority approves a project for a tax credit under this section 4876
in a public meeting, as long as the taxpayer enters into the tax 4877
credit agreement prepared by the department of development after 4878
such meeting within sixty days after receiving the agreement from 4879
the department. If the taxpayer fails to enter into the agreement 4880
within sixty days, "new employee" has the same meaning as under 4881
division (A)(2)(a) of this section. A full-time employee may be 4882
considered a "new employee" of a taxpayer, despite previously 4883
having been employed by a related member of the taxpayer, if all 4884
of the following apply:4885

       (i) The related member is a party to the tax credit agreement 4886
at the time the employee is first employed with the taxpayer;4887

       (ii) The related member will remain subject to the tax 4888
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied 4889
under Chapter 5751. of the Revised Code for the remainder of the 4890
term of the tax credit, and the tax credit is taken against 4891
liability for that same tax through the remainder of the term of 4892
the tax credit; and4893

       (iii) The employee was considered a new employee of the 4894
related member prior to employment with the taxpayer.4895

       Under division (A)(2)(a) or (b) of this section, if the tax4896
credit authority determines it appropriate, "new employee" also4897
may include an employee re-hired or called back from lay-off to4898
work in a new facility or on a new product or service established4899
or produced by the taxpayer after entering into the agreement4900
under this section or after the tax credit authority approves the4901
tax credit in a public meeting. Except as otherwise provided in 4902
this paragraph, "new employee" does not include any employee of 4903
the taxpayer who was previously employed in this state by a 4904
related member of the taxpayer and whose employment was shifted to 4905
the taxpayer after the taxpayer entered into the tax credit 4906
agreement or after the tax credit authority approved the credit in 4907
a public meeting, or any employee of the taxpayer for which the 4908
taxpayer has been granted a certificate under division (B) of 4909
section 5709.66 of the Revised Code. However, if the taxpayer is 4910
engaged in the enrichment and commercialization of uranium or 4911
uranium products or is engaged in research and development 4912
activities related thereto and if the tax credit authority 4913
determines it appropriate, "new employee" may include an employee 4914
of the taxpayer who was previously employed in this state by a 4915
related member of the taxpayer and whose employment was shifted to 4916
the taxpayer after the taxpayer entered into the tax credit 4917
agreement or after the tax credit authority approved the credit in 4918
a public meeting. "New employee" does not include an employee of 4919
the taxpayer who is employed in an employment position that was4920
relocated to a project from other operations of the taxpayer in4921
this state or from operations of a related member of the taxpayer 4922
in this state. In addition, "new employee" does not include a 4923
child, grandchild, parent, or spouse, other than a spouse who is 4924
legally separated from the individual, of any individual who is an 4925
employee of the taxpayer and who has a direct or indirect 4926
ownership interest of at least five per cent in the profits, 4927
capital, or value of the taxpayer. Such ownership interest shall 4928
be determined in accordance with section 1563 of the Internal 4929
Revenue Code and regulations prescribed thereunder.4930

       (3) "New income"Income tax revenue" means the total amount4931
withheld under section 5747.06 of the Revised Code by the4932
taxpayer during the taxable year, or during the calendar year 4933
that includes the tax period, from the compensation of new4934
employees for the tax levied under Chapter 5747. of the Revised4935
Code.4936

       (4) "Related member" has the same meaning as under division 4937
(A)(6) of section 5733.042 of the Revised Code without regard to 4938
division (B) of that sectioneach employee employed in the project 4939
to the extent the employee's withholdings are not used to 4940
determine the credit under section 122.171 of the Revised Code. 4941
"Income tax revenue" excludes amounts withheld before the day the 4942
taxpayer becomes eligible for the credit.4943

       (2) "Baseline income tax revenue" means income tax revenue 4944
except that the applicable withholding period is the twelve months 4945
immediately preceding the date the tax credit authority approves 4946
the taxpayer's application multiplied by the sum of one plus an 4947
annual pay increase factor to be determined by the tax credit 4948
authority. If the taxpayer becomes eligible for the credit after 4949
the first day of the taxpayer's taxable year or after the first 4950
day of the calendar year that includes the tax period, the 4951
taxpayer's baseline income tax revenue for the first such 4952
taxable or calendar year of credit eligibility shall be reduced in 4953
proportion to the number of days during the taxable or calendar 4954
year for which the taxpayer was not eligible for the credit. For 4955
subsequent taxable or calendar years, "baseline income tax 4956
revenue" equals the unreduced baseline income tax revenue for the 4957
preceding taxable or calendar year multiplied by the sum of one 4958
plus the pay increase factor.4959

       (3) "Excess income tax revenue" means income tax revenue 4960
minus baseline income tax revenue.4961

       (B) The tax credit authority may make grants under this4962
section to foster job creation in this state. Such a grant shall4963
take the form of a refundable credit allowed against the tax4964
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied 4965
under Chapter 5751. of the Revised Code. The credit shall be 4966
claimed for the taxable years or tax periods specified in the4967
taxpayer's agreement with the tax credit authority under division4968
(D) of this section. With respect to taxes imposed under section 4969
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the 4970
credit shall be claimed in the order required under section 4971
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of 4972
the credit available for a taxable year or for a calendar year 4973
that includes a tax period equals the newexcess income tax 4974
revenue for that year multiplied by the percentage specified in 4975
the agreement with the tax credit authority. Any credit granted 4976
under this section against the tax imposed by section 5733.06 or 4977
5747.02 of the Revised Code, to the extent not fully utilized 4978
against such tax for taxable years ending prior to 2008, shall 4979
automatically be converted without any action taken by the tax 4980
credit authority to a credit against the tax levied under Chapter 4981
5751. of the Revised Code for tax periods beginning on or after 4982
July 1, 2008, provided that the person to whom the credit was 4983
granted is subject to such tax. The converted credit shall apply 4984
to those calendar years in which the remaining taxable years 4985
specified in the agreement end.4986

       (C) A taxpayer or potential taxpayer who proposes a project 4987
to create new jobs in this state may apply to the tax credit 4988
authority to enter into an agreement for a tax credit under this 4989
section. The director of development shall prescribe the form of 4990
the application. After receipt of an application, the authority 4991
may enter into an agreement with the taxpayer for a credit under 4992
this section if it determines all of the following:4993

       (1) The taxpayer's project will create new jobs in this state4994
increase payroll and income tax revenue;4995

       (2) The taxpayer's project is economically sound and will4996
benefit the people of this state by increasing opportunities for4997
employment and strengthening the economy of this state;4998

       (3) Receiving the tax credit is a major factor in the4999
taxpayer's decision to go forward with the project.5000

       (D) An agreement under this section shall include all of the 5001
following:5002

       (1) A detailed description of the project that is the subject 5003
of the agreement;5004

       (2) The term of the tax credit, which shall not exceed 5005
fifteen years, and the first taxable year, or first calendar year 5006
that includes a tax period, for which the credit may be claimed;5007

       (3) A requirement that the taxpayer shall maintain operations 5008
at the project location for at least twice the number of years as 5009
the term of the tax creditthe greater of seven years or the term 5010
of the credit plus three years;5011

       (4) The percentage, as determined by the tax credit5012
authority, of newexcess income tax revenue that will be allowed 5013
as the amount of the credit for each taxable year or for each 5014
calendar year that includes a tax period;5015

       (5) A specific method for determining how many new employees 5016
are employed during a taxable year or during a calendar year that 5017
includes a tax periodThe pay increase factor to be applied to the 5018
taxpayer's baseline income tax revenue;5019

       (6) A requirement that the taxpayer annually shall report to 5020
the director of development the number of new employees, the new 5021
income tax revenue withheld in connection with the new employees, 5022
and anyemployment, tax withholding, investment, and other 5023
information the director needs to perform the director's duties 5024
under this section;5025

       (7) A requirement that the director of development annually 5026
shall verify the amountsreview the information reported under 5027
division (D)(6) of this section, and after doing so shall issue a 5028
certificate to the taxpayer stating that the amounts have been 5029
verifiedand verify compliance with the agreement; if the taxpayer 5030
is in compliance, a requirement that the director issue a 5031
certificate to the taxpayer stating that the information has been 5032
verified and identifying the amount of the credit that may be 5033
claimed for the taxable or calendar year;5034

       (8)(a) A provision requiring that the taxpayer, except as 5035
otherwise provided in division (D)(8)(b) of this section, shall 5036
not relocate employment positions from elsewhere in this state to 5037
the project site that is the subject of the agreement for the 5038
lesser of five years from the date the agreement is entered into 5039
or the number of years the taxpayer is entitled to claim the tax 5040
credit.5041

       (b) The taxpayer may relocate employment positions from 5042
elsewhere in this state to the project site that is the subject of 5043
the agreement if the director of development determines both of 5044
the following:5045

       (i) That the site from which the employment positions would 5046
be relocated is inadequate to meet market and industry conditions, 5047
expansion plans, consolidation plans, or other business 5048
considerations affecting the taxpayer;5049

       (ii) ThatA provision providing that the taxpayer may not 5050
relocate a substantial number of employment positions from 5051
elsewhere in this state to the project location unless the 5052
director of development determines that the legislative authority 5053
of the county, township, or municipal corporation from which the 5054
employment positions would be relocated has been notified by the 5055
taxpayer of the relocation.5056

       For purposes of this section, the movement of an employment 5057
position from one political subdivision to another political 5058
subdivision shall be considered a relocation of an employment 5059
position, but the transfer of an individual employee from one 5060
political subdivision to another political subdivision shall not 5061
be considered a relocation of an employment position as long as 5062
the individual's employment position in the first political 5063
subdivision is refilledunless the employment position in the 5064
first political subdivision is replaced.5065

       (E) If a taxpayer fails to meet or comply with any condition 5066
or requirement set forth in a tax credit agreement, the tax credit 5067
authority may amend the agreement to reduce the percentage or term 5068
of the tax credit. The reduction of the percentage or term shall 5069
take effect (1) in the taxable year immediately following the 5070
taxable year in which the authority amends the agreement or the 5071
director of development notifies the taxpayer in writing of such 5072
failure, or (2) in the first tax period beginning in the calendar 5073
year immediately following the calendar year in which the 5074
authority amends the agreement or the director notifies the 5075
taxpayer in writing of such failure. If the taxpayer fails to 5076
annually report any of the information required by division (D)(6) 5077
of this section within the time required by the director, the 5078
reduction of the percentage or term may take effect in the current 5079
taxable year. If the taxpayer relocates employment positions in 5080
violation of the provision required under division (D)(8)(a) of 5081
this section, the taxpayer shall not claim the tax credit under 5082
section 5733.0610 of the Revised Code for any tax years following 5083
the calendar year in which the relocation occurs, or shall not 5084
claim the tax credit under section 5725.32, 5729.032, or 5747.058 5085
of the Revised Code for the taxable year in which the relocation 5086
occurs and any subsequent taxable years, and shall not claim the 5087
tax credit under division (A) of section 5751.50 of the Revised 5088
Code for any tax period in the calendar year in which the 5089
relocation occurs and any subsequent tax periodsmay take effect 5090
in the current taxable or calendar year.5091

       (F) Projects that consist solely of point-of-final-purchase 5092
retail facilities are not eligible for a tax credit under this 5093
section. If a project consists of both point-of-final-purchase 5094
retail facilities and nonretail facilities, only the portion of 5095
the project consisting of the nonretail facilities is eligible for 5096
a tax credit and only the newexcess income tax revenue from new 5097
employees of the nonretail facilities shall be considered when 5098
computing the amount of the tax credit. If a warehouse facility is 5099
part of a point-of-final-purchase retail facility and supplies 5100
only that facility, the warehouse facility is not eligible for a 5101
tax credit. Catalog distribution centers are not considered5102
point-of-final-purchase retail facilities for the purposes of this 5103
division, and are eligible for tax credits under this section.5104

       (G) Financial statements and other information submitted to 5105
the department of development or the tax credit authority by an 5106
applicant or recipient of a tax credit under this section, and any 5107
information taken for any purpose from such statements or5108
information, are not public records subject to section 149.43 of5109
the Revised Code. However, the chairperson of the authority may5110
make use of the statements and other information for purposes of5111
issuing public reports or in connection with court proceedings5112
concerning tax credit agreements under this section. Upon the5113
request of the tax commissioner or, if the applicant or recipient 5114
is an insurance company, upon the request of the superintendent of 5115
insurance, the chairperson of the authority shall provide to the 5116
commissioner or superintendent any statement or information5117
submitted by an applicant or recipient of a tax credit in5118
connection with the credit. The commissioner or superintendent 5119
shall preserve the confidentiality of the statement or 5120
information.5121

       (H) A taxpayer claiming a credit under this section shall5122
submit to the tax commissioner or, if the taxpayer is an insurance 5123
company, to the superintendent of insurance, a copy of the 5124
director of development's certificate of verification under 5125
division (D)(7) of this section with the taxpayer's tax report or 5126
return for the taxable year or for the calendar year that includes 5127
the tax period. Failure to submit a copy of the certificate with 5128
the report or return does not invalidate a claim for a credit if 5129
the taxpayer submits a copy of the certificate to the commissioner 5130
or superintendent within sixty days after the commissioner or 5131
superintendent requests it.5132